New South Wales Consolidated Acts New South Wales Consolidated ActsIntroductory note--: The Crown Lands (Continued Tenures) Act 1989 made special transitional provision for certain tenures over Crown land granted before the Crown Lands Act 1989 came into force.
These tenures included specified kinds of incomplete purchases, perpetual leases, term leases, special leases and permissive occupancies. The former Act operated to continue these tenures in force even though some of these tenures could no longer be granted under the Crown Lands Act 1989 .
This Schedule continues these tenures in force under this Act and makes special provision for them, including by continuing to apply some of the provisions of the former Crown Lands (Continued Tenures) Act 1989 .
In addition, section 1.13 provides that the provisions of this Schedule prevail over those of Parts 5-7 of this Act to the extent of any inconsistency.
(1) This Schedule applies in relation to continued tenures.
(2) This Schedule applies subject to Schedule 4 in relation to continued tenures that are purchasable leases (except as provided by Division 4 of Part 2 of this Schedule).Note--: Schedule 4 enables land under certain leases over Crown land (including leases that are continued tenures) to be purchased by leaseholders.
In this Schedule--
"continued incomplete tenure purchase" is defined in Part 8 of this Schedule.
"continued permissive occupancy" is defined in Part 7 of this Schedule.
"continued perpetual lease" is defined in Part 4 of this Schedule.
"continued special lease" is defined in Part 6 of this Schedule.
"continued tenure" means each of the following--
(a) a continued incomplete tenure purchase,
(b) a continued permissive occupancy,
(c) a continued perpetual lease,
(d) a continued special lease,
(e) a continued term lease.
(1) A continued tenure over land remains in force as--(a) for a continued perpetual lease, continued term lease or continued special lease--a lease under this Act over the same land, and(b) for a continued incomplete tenure purchase--an incomplete purchase under this Act of the same land, and(c) for a continued permissive occupancy--a licence under this Act to occupy the same land.
(2) A continued tenure for a term does not (except as provided by this Act) remain in force beyond the end of that term.
(3) A continued tenure for an indefinite term, or a term that exceeds the maximum term for a tenure of that kind under another provision of this Act, remains in force indefinitely or for the remainder of its term despite that provision.
(4) The terms and conditions of a continued tenure remain the same subject to any variations made by or under this Act.
(5) Any rent, royalty, deposit, fee, purchase price, instalment, interest or other amount payable for a continued tenure remains payable in the same way and the same amounts subject to any variations made by or under this Act.
(6) A continued tenure can be varied, forfeited, revoked, terminated, cancelled or dealt with in any other way under this Act as if it had been granted under this Act.
(7) To avoid doubt, any sublease or sublicence of a continued tenure also remains in force under this Act.
(8) A continued tenure does not cease to be a continued tenure just because it is renewed or extended.
(9) This clause has effect subject to the other provisions of this Schedule. In particular, any terms or conditions of a tenure preserved by this clause do not have effect to the extent of any inconsistency with those provisions or the provisions of Schedule 4.Note--: Clause 1 (2) also provides that this Schedule applies subject to Schedule 4 in relation to purchasable leases that are continued tenures.
(10) In this clause--
"terms and conditions" includes covenants, reservations, exceptions, exemptions, provisions and prohibitions.
"variations" include--(a) for any terms and conditions--alterations, removals or omissions, and(b) for any amounts--waivers, reductions, remissions or postponements.
(1) This Schedule does not affect the continuation of any third party interest in land under a tenure that becomes a continued tenure because of the operation of this Schedule.
(2) A
"third party interest" in land under a tenure is a mortgage, easement, right of way or other interest in the land of a person except the holder of the tenure.
(1) In the folio of the Register relating to a continued tenure--(a) a reference to a repealed Act is to be read as being a reference to this Act, and(b) a reference to a provision of a repealed Act is to be read as being a reference to the corresponding provision (if any) of this Act.
(2) Subclause (1) extends to a reference in a folio of the Register that, because of a provision of a repealed Act, was required to be read as being a reference to a repealed Act (or a provision of a repealed Act).Note--: See clause 2 of Part 1, and clause 1 of Parts 2, 3 and 5, of Schedule 2 to the Crown Lands (Continued Tenures) Act 1989 .
(3) For the purposes of this clause, a provision of this Act is a
"corresponding provision" in relation to a provision of a repealed Act if the provision of this Act corresponds (or substantially corresponds) to the provision of the repealed Act.
(4) The regulations may, for the purposes of subclause (3), declare a provision of this Act to be a corresponding provision of a repealed Act. The regulations may do so even if the provision of this Act is not substantially the same as that of the repealed Act.
(5) In this clause--
"repealed Act" means the Crown Lands Act 1989 or Crown Lands (Continued Tenures) Act 1989 .
This Division applies in relation to continued tenures for which rent was payable under the Crown Lands (Continued Tenures) Act 1989 except continued permissive occupancies.
Note--: Part 1A of, and Schedule 5 to, the Crown Lands (Continued Tenures) Act 1989 made special provision for the payment of rent and other amounts for perpetual leases, term leases and special leases under that Act.
In this Division--
"initial period" means the 2-year period beginning on the day that this
Schedule commences.
(1) Clause applies only during initial period This clause applies to rent for a continued tenure only during the initial period.
(2) Existing law continues to apply, with exceptions Subject to this Division, rent for a continued tenure remains payable in the same way and the same amounts as it was payable under the Crown Lands (Continued Tenures) Act 1989 .
(3) For this purpose, any rent shown as payable in the records of the Department remains, until the contrary is proved, payable in the amounts and manner, and at the time, indicated in those records.
(4) Other provisions of continuing effect The rent remains payable in advance.
(6) If any rent, without the interest added, is payable in equal annual instalments over a period, the Secretary may vary the manner of payment so that the money, with the interest added, is payable in equal annual instalments over the same or a longer period.
(7) The rent for a lease in a former special land district remains payable in advance on each 1 July.
(8) Payment of the rent for a lease in a former special land district for the first period in advance after the commencement of clause 3 of Schedule 5 to the Crown Lands (Continued Tenures) Act 1989 continues to be deferred (free of interest). However, it becomes payable on the granting of an application to purchase the land comprised in the lease.
(9) Minimum annual rent and waiver etc Section 6.4 (Annual rent cannot generally be less than minimum rent) applies to the annual rent for a continued tenure.
(10) This clause does not limit the application of section 12.15 (Waiver, reduction, remission, postponement or rebate of certain amounts) to rents for continued tenures.
(11) Definitions In this clause--
"Department" , in relation to a lease in a former special land district, includes--(a) the Water Administration Ministerial Corporation, and(b) the Minister.
"rent" includes any amount payable for a lease.
(1) Section 4C of the Crown Lands (Continued Tenures) Act 1989 continues to apply to a continued tenure to which it applied immediately before the Act's repeal for the period of 5 years commencing on the day on which this Schedule commences, subject to the following modifications--(a) a reference to that Act is to be read as a reference to this Act,(b) a reference to the minimum rent is to be read as reference to the minimum rent for the tenure as provided by Part 6 of this Act.Note--: Section 4C of the Crown Lands (Continued Tenures) Act 1989 provided for the adjustment of annual rent in line with the Consumer Price Index for certain leases that were subject to rent redetermination under that Act and permissive occupancies.
(2) Section 4D of the Crown Lands (Continued Tenures) Act 1989 continues to apply to a continued tenure to which it applied immediately before the Act's repeal until clause 9 (4) becomes applicable to it following a redetermination under clause 9, subject to the following modifications--(a) a reference to that Act is to be read as a reference to this Act,(b) a reference to the minimum rent is to be read as reference to the minimum rent for the tenure as provided by Part 6 of this Act.Note--: Section 4D of the Crown Lands (Continued Tenures) Act 1989 provided for the adjustment of annual rent in line with the Consumer Price Index for leases to which that Act applied that were not subject to rent redetermination under that Act. Clause 9 (4) provides for similar adjustments to be made following a rent redetermination under that clause.
(1) The Secretary may, by notice given to the holder of a continued tenure, redetermine the rent for the tenure. The Secretary may do so at any time (whether during or after the expiry of the initial period).
(2) A notice for the redetermination of rent for a continued tenure made during the initial period must provide that the redetermination takes effect only when the initial period ends.
(3) If rent is not redetermined during the initial period--(a) for a continued tenure in respect of which a purchase application is made under Schedule 4 during the initial period for land under the tenure if the Minister grants the application (whether during or after the end of the initial period)--the Secretary is not required to redetermine the rent, or(b) for a continued tenure in respect of which a purchase application is made under Schedule 4 during the initial period for land under the tenure if the Minister refuses to grant the application (whether during or after the end of initial period)--the Secretary must redetermine the rent as soon as reasonably practicable after the purchase application is refused, or(c) for any other continued tenure--the Secretary must redetermine the rent as soon as reasonably practicable after the initial period ends.
(4) Where there is a rent redetermination under this clause (the
"initial rent redetermination" ) for a continued tenure that does not provide for rent redeterminations, the rent for the tenure is to be varied for inflation on the date of each anniversary of the initial rent redetermination (the
"CPI adjustment date" ) in accordance with the following formula--
"R" is the rent adjusted for inflation.
"C" is the rent payable immediately before the CPI adjustment date.
"P2" is the Consumer Price Index number for the last quarter for which a number was published before the CPI adjustment date.
"P1" is the Consumer Price Index number for the last quarter for which a number was published before the initial rent redetermination or last CPI adjustment date (as the case requires).
(5) Any redetermination of rent under this clause must be in accordance with Part 6 of this Act. For this purpose, that Part applies as if the continued tenure made no provision for how rent is to be redetermined.Note--: Division 6.3 of this Act will require the rent to be redetermined by reference to the market rent for the land.
(6) This clause applies despite any other provision of this Schedule or the terms and conditions of the continued tenure.
To avoid doubt, Part 6 of this Act applies in relation to rent for a continued tenure after the initial period ends, subject to clauses 8A and 9.
Note--: Section 6.7 (2) provides that the following provisions apply if the Secretary is required or permitted to redetermine the rent for a holding in circumstances other than those set out in section 6.7 (1)--(a) subject to paragraphs (b) and (c), the Secretary may redetermine the rent as often as the Secretary considers appropriate or as required by the regulations unless the holding's provisions provide differently,(b) the rent must be redetermined at least once every 5 calendar years,(c) the rent for a holding cannot be redetermined more than once in each calendar year.
This Division applies to continued permissive occupancies for which rent was payable under the Crown Lands (Continued Tenures) Act 1989 .
Clause 8A applies in relation to rent for a continued permissive occupancy in the same way as it applies to rent for other continued tenures.
Part 6 of this Act applies in relation to rent for a continued permissive occupancy, subject to clause 8A (as applied by clause 10B).
(1) This clause sets out conditions that are taken to be included in all continued perpetual leases and continued term leases.
(2) The holder of a lease holds the land under the lease subject to any recordings on the folio of the Register created in respect of it and the provisions of this Act.
(3) The holder of a lease must--(a) comply with any provisions, conditions or covenants recorded on the folio of the Register created in respect of it, and(b) comply with the requirements of any law relating to the use or management of the land leased, and(c) comply with any conditions attaching to a Minister's consent given in respect of the land, and(d) if there are any improvements on the land in the course of being purchased from the Crown--(i) maintain those improvements in good order and repair, and(ii) if required by the Minister to do so--keep those improvements insured against fire and any other risks prescribed by the regulations with an insurer approved by the Minister.
(4) The holder of a lease must not--(a) degrade the land leased, or(b) without the Minister's consent, extract any material in or on the land (not being material required by the holder for building or other purposes on the land or on contiguous land leased from the Crown by the holder), or(c) without the Minister's consent, take any timber on the land, other than--(i) timber taken under the authority of a clearing licence issued under the Forestry Act 2012 , or(ii) timber required by the holder for building or other purposes on the land or on contiguous land leased from the Crown by the holder, or(d) interfere with or obstruct any person authorised by law to cut timber on, or remove timber or materials from, the land or prevent such a person from using any gate or means of access provided by the person.
(5) A lease is held subject to the rights of the public or stock to use roads or travelling stock, camping or other reserves within the land leased.
(6) A Minister's consent required under this clause--(a) may be given or refused at the Minister's absolute discretion, and(b) may be given unconditionally or subject to conditions (including conditions requiring payments by way of royalty or otherwise).
(7) In this clause--
"material" includes gravel, sand, loam, stone, clay, shells and other material prescribed by the regulations, but does not include minerals within the meaning of the Mining Act 1992 .
"timber" includes the products of growing or dead timber, trees, shrubs and vegetable growth of economic value.
(1) This Division applies in relation to pending tenure purchases.
(2) A
"pending tenure purchase" is an application to purchase land under a lease that becomes a continued tenure when this Schedule commences if it--(a) was made under Schedule 7 to the Crown Lands (Continued Tenures) Act 1989 , and(b) has not been finally determined on that commencement (including because the purchase price has not been finalised).
(3) Subclause (2) extends to an application made by invitation of the Minister under Schedule 7A to the Crown Lands (Continued Tenures) Act 1989 .
(4) The provisions of this Division prevail over the provisions of Schedule 4 to the extent of any inconsistency.
(1) A pending tenure purchase is to be treated by the Minister as if it were an application for the purchase of the land made under Schedule 4.
(2) For this purpose, the purchase application is to be treated as if it were--(a) for an application of a kind that the Minister was required to grant under the Crown Lands (Continued Tenures) Act 1989 if it was duly made--an application based on an existing purchase right in relation to the land (as defined in Schedule 4), or(b) for an application of a kind that the Minister had a discretion to grant under the Crown Lands (Continued Tenures) Act 1989 if it was duly made--an application based on an existing application right in relation to the land (as defined in Schedule 4).
Note--: See clause 10 of Schedule 4 for provisions about how the purchase price will be determined.
(1) This clause applies to an objection or appeal against the purchase price for land to which a pending tenure purchase relates that was made under an existing review provision, but not finally determined, before the commencement of this Schedule.
(2) An existing review provision continues to apply to the determination of the objection or appeal made under it as if the provision formed part of this Division.
(3) In this clause--
"existing review provision" means--(a) clause 3 of Part 1 of Schedule 7 to the Crown Lands (Continued Tenures) Act 1989 , or(b) clause 10 of Part 1 of Schedule 7 to the Crown Lands (Continued Tenures) Act 1989 , or(c) clause 10 of Part 2 of Schedule 7 to the Crown Lands (Continued Tenures) Act 1989 .
(1) The Minister must, on determining a purchase price for land to which a pending tenure purchase relates, give notice of the determination to the applicant.
(2) The notice must include information to the effect that the applicant may object to the purchase price determined by the Minister.
(3) The Minister must consider any objection lodged and by notice inform the objector--(a) whether the determination of the purchase price is to stand or be varied, and(b) that the objector, if dissatisfied with the Minister's decision, may appeal as provided by subclause (4).
(4) An applicant may appeal against the Minister's decision--(a) if the purchase price determined does not exceed $150,000 or any greater amount that may be prescribed by the regulations--to the Civil and Administrative Tribunal, or(b) in any other case--to the Land and Environment Court.Note--: An appeal to the Civil and Administrative Tribunal under this clause is an external appeal to the Tribunal for the purposes of the Civil and Administrative Tribunal Act 2013 . A decision of the Tribunal on such an external appeal may be appealed to the Land and Environment Court under Schedule 1 to that Act.
(5) The Civil and Administrative Tribunal, or the Land and Environment Court, on hearing the appeal, may affirm the Minister's determination or substitute its own.
(1) To avoid doubt, the Minister has a discretion as to whether to grant consent to a transfer or other dealing for the purposes of a provision of this Schedule.
(2) The Minister may grant a waiver under clause 18 instead of granting consent for the purposes of a provision of this Schedule even if an application for the waiver has not been made.
(1) The Minister may, by notice published in the Gazette, declare that the Minister's consent is not required under this Schedule to a transfer or other dealing involving specified land (or a class of land).
(2) The declaration has effect despite the provision of this Schedule that requires the consent.
(3) If any land to which a declaration relates is land under the Real Property Act 1900 , the Registrar-General must make an appropriate recording in respect of that land in the Register.
(1) The holder of a continued tenure or the mortgagee in possession of land under the tenure may apply to the Minister for a waiver of any requirement under this Schedule for the Minister to give consent before a transfer or other dealing can happen.
(2) The application must--(a) be made before any agreement or other arrangement for the transfer or other dealing is made by the holder, and(b) specify the land to which the transfer or other dealing relates.
(3) The Minister may, by written notice given to the applicant, grant the waiver for the period (if any) specified and subject to any conditions that the Minister decides to impose.
(4) The waiver has effect despite the provision of this Schedule that requires the consent.
(5) The Registrar-General may rely on the notice when accepting or registering any transfer or other dealing to which the waiver relates if the transfer or dealing is lodged while the waiver is in effect.
(1) A provision of this Schedule requiring the Minister's consent to a transfer or other dealing involving land does not prevent--(a) the creation, transfer or extinguishment of a sublease or mortgage, or(b) the creation, transfer or extinguishment of an easement over the land if it is under a perpetual lease.
(2) However, the following provisions apply to the subleasing of land held under a lease (the
"head lease" )--(a) the sublease must--(i) specify the purpose for which the land may be used under the sublease and that purpose must be consistent with the purpose for which the land may be used under the head lease or with a purpose prescribed by the regulations, and(ii) provide that it terminates when the head lease terminates,(b) the holder of the head lease must notify the Minister of the granting of the sublease within 28 days after it is granted,(c) the holder of the head lease must take all reasonable steps to ensure that the holder of the sublease complies with the requirements of this Act and the conditions of the head lease with respect to the land.
This Division applies to land comprised in a continued tenure if it is--
(a) land under a continued perpetual lease, continued term lease or continued special lease to which Part 1 of Schedule 3 to the Crown Lands (Continued Tenures) Act 1989 applied immediately before the Act's repeal, or
(b) land under a week-end lease or town land lease to which Part 2 of Schedule 3 to the Crown Lands (Continued Tenures) Act 1989 applied immediately before the Act's repeal.
(1) Land to which this Division applies cannot be--(a) for land under a perpetual lease, term lease or special lease--leased, transferred or dealt with in any other way without the Minister's written consent, or(b) for other land--transferred without the Minister's written consent.Note--: Clause 19 provides that this clause does not prevent the creation, transfer or extinguishment of a sublease, mortgage or easement.
(2) Subclause (1) does not apply to a transfer to a Minister on behalf of the Crown, or to a public authority, of land under a perpetual lease.
(3) A lease, conveyance, assignment or other dealing that contravenes this clause is not valid for any purpose.
(4) In this clause--
"public authority" means--(a) a local council, or(b) a public body that was a declared public body for the purposes of a provision of Schedule 3 to the Crown Lands (Continued Tenures) Act 1989 immediately before the Act's repeal, or(c) any other public body declared by the Minister, by order published in the Gazette, to be a public authority for the purposes of this clause.
This Part applies
to a continued tenure that was a perpetual lease as defined in the
Crown Lands (Continued Tenures) Act 1989 (a
"continued perpetual lease" ) immediately before the Act's repeal.
Note--: See also Part 2 of this Schedule. In particular, clause 3 provides that (subject to this Schedule) any rent, royalty, deposit, fee, purchase price, instalment, interest or other amount payable for a continued tenure remains payable in the same way and the same amounts subject to any variations made by or under this Act.
(1) This clause applies to an irrigation farm lease or a non-irrigable lease (as referred to in clause 6 of Part 2 of Schedule 2 to the Crown Lands (Continued Tenures) Act 1989 ).
(2) The land under the lease must not be used to plant any of the following if a condition prohibiting it was attached to the land immediately before the commencement of clause 6 of Part 2 of Schedule 2 to the Crown Lands (Continued Tenures) Act 1989 --(a) an area of orchard or vineyard to a greater extent than 5,000 square metres or, if some other area is specified in the conditions attached to the land, that other area,(b) any fruit trees, vines or plantings or a specified class of fruit trees, vines or plantings,(c) an area of fruit trees, vines or plantings, or an area of a specified class of fruit trees, vines or plantings, in excess of a specified area.
(3) Subclause (2) does not prevent planting in accordance with an approval or consent that is given as provided by the condition.
(1) This clause applies for the purposes of the Environmental Planning and Assessment Act 1979 and any instrument made under that Act and has effect despite anything in that Act or any instrument made under that Act.
(2) The Minister is taken to have given written consent on behalf of the Crown (as the owner of Crown land under a continued perpetual lease) for the lessee of that land to make a development application relating to any of the following kinds of development--(a) without limiting paragraph (g), the repair, maintenance, restoration or renovation of an existing building on the land,(b) the erection, repair, maintenance or replacement of a fence on the land,(c) the carrying out of development on the land that is consistent with the purposes for which the lease has been granted,(d) the erection, repair, maintenance or replacement of signage on the land,(e) the erection, repair, maintenance or replacement of a temporary structure on the land,(f) the installation, repair, maintenance or replacement of services on the land,(g) the erection, repair, maintenance or replacement of any of the following on the land--(i) a building or other structure on the land that is permitted under the lease,(ii) a toilet block,(iii) a structure for the protection of the environment,(h) the carrying out on the land of any other development of a kind prescribed by the regulations.
(3) Subclause (2) does not apply in relation to any development that involves any of the following--(a) the subdivision of land,(b) the demolition of a building,(c) the carrying out of remediation works (including the extraction of materials that belong to the Crown or excavations in connection with those works),(d) the carrying out of development of a kind excluded by the regulations.
(4) Any regulations made for the purposes of subclause (3) (d) may exclude the whole or a part of a kind of development specified by subclause (2).
(5) To avoid doubt, the Minister's consent on behalf of the Crown (as the owner of Crown land under a continued perpetual lease) to lodgment of a development application in respect of that land is required for the carrying out of any development to which subclause (2) does not apply.
This Part applies to a
continued tenure that was a term lease as defined in the
Crown Lands (Continued Tenures) Act 1989 (a
"continued term lease" ) immediately before the Act's repeal.
Note--: See also Part 2 of this Schedule. In particular, clause 3 provides that (subject to this Schedule) any rent, royalty, deposit, fee, purchase price, instalment, interest or other amount payable for a continued tenure remains payable in the same way and the same amounts subject to any variations made by or under this Act.
A holder of a continued term lease who, with the Minister's consent, remains in possession of the leased land after the lease expires does so as a lessee from month to month at a monthly rent of one-twelfth of the annual rent, and subject to the conditions, applicable to the lease immediately before it expired.
This Part applies
to a continued tenure that was a special lease as defined in the
Crown Lands (Continued Tenures) Act 1989 (a
"continued special lease" ) immediately before the Act's repeal.
Note--: See also Part 2 of this Schedule. In particular, clause 3 provides that (subject to this Schedule) any rent, royalty, deposit, fee, purchase price, instalment, interest or other amount payable for a continued tenure remains payable in the same way and the same amounts subject to any variations made by or under this Act.
(1) The holder of a continued special lease that has been brought under the provisions of the Real Property Act 1900 holds the land comprised in the lease subject to any recordings on the folio of the Register created in respect of it and to the provisions of this Act.
(2) The holder of a continued special lease must comply with any conditions to which the lease is subject and with any provisions, conditions or covenants recorded on the folio of the Register created in respect of it.
(3) A condition of a continued special lease that provides for the determination of a matter by a local land board (except a determination that is, in effect, a review of a decision of the Minister) is taken to provide instead for the determination of the matter by the Minister.
(4) If a condition of a continued special lease or any law provides for an appeal against any determination of a local land board, the condition or law is taken to provide instead for an appeal against a determination of the Minister.
(5) If a condition of a special lease provides for the exercise of a function by a specified officer, the function may, with the authority of the Minister, be exercised by another officer.
A holder of a continued special lease for a term who, with the Minister's consent, remains in possession of the leased land after the lease expires does so as a lessee from month to month at a monthly rent of one-twelfth of the annual rent, and subject to the conditions, applicable to the lease immediately before it expired.
This Part
applies to a continued tenure that was a permissive occupancy as defined in
the Crown Lands (Continued Tenures) Act 1989 and becomes a licence under this
Act because of clause 3 (a
"continued permissive occupancy" ).
Note--: See also Part 2 of this Schedule. In particular, clause 3 provides that (subject to this Schedule) any rent, royalty, deposit, fee, purchase price, instalment, interest or other amount payable for a continued tenure remains payable in the same way and the same amounts subject to any variations made by or under this Act.
(1) Subject to this Schedule, any amount shown as payable in the records of the Department in respect of a continued permissive occupancy is, until the contrary is proved, payable in the manner and at the time indicated in those records.
(2) The rent for a continued permissive occupancy remains payable in advance.
(1) A condition of a continued permissive occupancy that provides for the determination of a matter by a local land board (except a determination that is, in effect, a review of a decision of the Minister) is taken to provide instead for the determination of the matter by the Minister.
(2) If a condition of a continued permissive occupancy or any law provides for an appeal against any determination of a local land board, the condition or law is taken instead to provide for an appeal against a determination of the Minister.
(3) If a condition of a continued permissive occupancy provides for the exercise of a function by a specified officer, the function may, with the authority of the Minister, be exercised by another officer.
(1) This Part applies to a continued tenure that was an incomplete purchase as defined in the Crown Lands (Continued Tenures) Act 1989 (a
"continued incomplete tenure purchase" ) immediately before the Act's repeal.Note--: See also Part 2 of this Schedule. In particular, clause 3 provides that (subject to this Schedule) any rent, royalty, deposit, fee, purchase price, instalment, interest or other amount payable for a continued tenure remains payable in the same way and the same amounts subject to any variations made by or under this Act.
(2) However, a continued incomplete Western lands lease purchase (as defined in Schedule 3) is not a continued incomplete tenure purchase.
(1) Subject to this Part and the regulations, Part 5 of Schedule 4 applies in relation to continued incomplete tenure purchases in the same way as it applies in relation to new incomplete purchases.
(2) The regulations may make provision for or with respect to the modification of Part 5 of Schedule 4 in its application to continued incomplete tenure purchases.
The annual interest rate for any money that is payable to the Crown in respect of a continued incomplete tenure purchase by half-yearly or annual instalments remains 8 percent.
(1) This clause applies to a continued incomplete tenure purchase with a purchase price payable by annual instalments.
(2) An annual instalment of the purchase price of land is not to be less than the minimum annual instalment payable at the due date.
(3) If an annual instalment of the purchase price of land (whether with or without interest added) is less than the minimum annual instalment, the annual instalment is increased to the minimum annual instalment.
(4) For the purpose of this Part, the minimum annual instalment at each due date is determined in accordance with the following formula--
"M" is the minimum annual instalment.
"B" is the annual instalment base.
"C" is the Consumer Price Index number for the last quarter for which such a number was published before the due date for the annual instalment.
"D" is the Consumer Price Index number for the last quarter for which such a number was published before the annual instalment base adjustment date.
(5) If the balance of purchase money and interest owing in respect of the continued incomplete tenure purchase is at any time less than the amount of the minimum annual instalment, the balance only is payable.
(6) In this clause--
"annual instalment base" means $350 or any higher amount that may be prescribed by the regulations.
"annual instalment base adjustment date" means 1 July 2004 or, if the annual instalment base is prescribed by the regulations, the date prescribed by the regulations as the annual instalment base adjustment date.
(1) This clause applies to a continued incomplete tenure purchase with a purchase price payable by half-yearly instalments.
(2) A half-yearly instalment of the purchase price of land is not to be less than the minimum half-yearly instalment payable at the due date.
(3) If a half-yearly instalment of the purchase price of land (whether with or without interest added) is less than the minimum half-yearly instalment, the half-yearly instalment is increased to the minimum half-yearly instalment.
(4) For the purpose of this Part, the minimum half-yearly instalment at each due date is determined in accordance with the following formula--
"M" is the minimum half-yearly instalment.
"B" is the half-yearly instalment base.
"C" is the Consumer Price Index number for the last quarter for which such a number was published before the due date for the half-yearly instalment.
"D" is the Consumer Price Index number for the last quarter for which such a number was published before the half-yearly instalment base adjustment date.
(5) If the balance of purchase money and interest owing in respect of the continued incomplete tenure purchase is at any time less than the amount of the minimum half-yearly instalment, the balance only is payable.
(6) In this clause--
"half-yearly instalment base" means $175 or any higher amount that may be prescribed by the regulations.
"half-yearly instalment base adjustment date" means 1 July 2004 or, if the half-yearly instalment base is prescribed by the regulations, the date prescribed by the regulations as the half-yearly instalment base adjustment date.
This Schedule does not limit Division 7.4 (Forfeiture of holdings) of this Act in its application to an incomplete tenure purchase, except to the extent provided by Part 5 of Schedule 4 (as applied by clause 34 of this Schedule).
