New South Wales Consolidated Acts New South Wales Consolidated ActsIntroductory note--: The Western Lands Act 1901 made special provision for the granting of certain tenures (including leases and incomplete purchases) over Crown land in the Western Division. It also provided for the application of specified provisions of the Crown Lands Act 1989 with modifications.
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 Western Lands Act 1901 . It also includes other special provisions that will be applicable to certain land in the Western Division.
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 land in the Western Division.
(2) This Schedule does not apply in relation to a lease or incomplete purchase that is a continued tenure (as defined in Schedule 1).Note--: Schedule 1 makes special provision for continued tenures.
(3) Also, this Schedule applies subject to Schedule 4 in relation to Western lands leases that are purchasable leases (except as provided by Division 2 of Part 2 of this Schedule).Note--: Schedule 4 enables land under certain leases over Crown land (including Western lands leases) to be purchased by leaseholders.
In this Schedule--
"continued incomplete Western lands lease purchase" is defined in Part 4 of
this Schedule.
"continued Western lands lease" means a lease in force under the
Western Lands Act 1901 immediately before the Act's repeal.
"continued Western lands tenure" means--
(a) a continued incomplete Western lands lease purchase, or
(b) a continued Western lands lease.
(a) a Western lands lease that is declared (or taken to have been declared) as an urban Western lands lease under clause 3, or
(b) any other Western lands lease that is not a rural Western lands lease.
(a) a continued Western lands lease, or
(b) a new Western lands lease.
(1) The Minister may, by order published in the Gazette, declare that a Western lands lease of a specified kind is either a rural Western lands lease or urban Western lands lease for the purposes of this Schedule and any regulations made for the purposes of this Schedule.
(2) Until an order under this clause provides differently--(a) any continued Western lands lease that was a rural lease for the purposes of Part 6 of the Western Lands Act 1901 immediately before the Act's repeal is taken to have been declared a rural Western lands lease under this clause, and(b) any continued Western lands lease that was an urban lease for the purposes of Part 6 of the Western Lands Act 1901 immediately before the Act's repeal is taken to have been declared an urban Western lands lease under this clause.
(1) A continued Western lands tenure over land remains in force under this Act as--(a) for a continued Western lands lease--a lease under this Act over the same land, and(b) for a continued incomplete Western lands lease purchase--an incomplete purchase under this Act of the same land.
(2) A continued Western lands tenure for a term does not (except as provided by this Act) remain in force beyond the end of that term.
(3) A continued Western lands 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 Western lands 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 Western lands tenure remains payable in the same way and the same amounts subject to any variations made by or under this Act.
(6) A continued Western lands 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 Western lands tenure also remains in force under this Act.
(8) A continued Western lands tenure does not cease to be a continued Western lands 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 (3) also provides that this Schedule applies subject to Schedule 4 in relation to purchasable leases that are Western lands leases.
(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 Western lands 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 Western lands tenure--(a) a reference to the Western Lands Act 1901 is to be read as being a reference to this Act, and(b) a reference to a provision of the Western Lands Act 1901 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 the Western Lands Act 1901 , was required to be read as being a reference to the Western Lands Act 1901 (or a provision of the Western Lands Act 1901 ).
(3) For the purposes of this clause, a provision of this Act is a
"corresponding provision" in relation to a provision of the Western Lands Act 1901 if the provision of this Act corresponds (or substantially corresponds) to the provision of the Western Lands Act 1901 .
(4) The regulations may, for the purposes of subclause (3), declare a provision of this Act to be a corresponding provision of the Western Lands Act 1901 . The regulations may do so even if the provision of this Act is not substantially the same as that of the Western Lands Act 1901 .
(1) This Division applies in relation to pending Western lands lease purchases.
(2) A
"pending Western lands lease purchase" is an application to purchase land under a lease granted under the Western Lands Act 1901 if it--(a) was made under section 28BB of that Act, and(b) has not been finally determined before the repeal of that section (including because the purchase price has not been finalised).
(3) The provisions of this Division prevail over the provisions of Schedule 4 to the extent of any inconsistency.
(1) A pending Western lands lease purchase is to be treated by the Minister as if it were an application for the purchase of the land 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 Western Lands Act 1901 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 Western Lands Act 1901 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 Western lands lease purchase relates that was made under clause 11 of Schedule 4 to the Western Lands Act 1901 , but not finally determined, before the commencement of this Division.
(2) Clause 11 of Schedule 4 to the Western Lands Act 1901 continues to apply to the determination of the objection or appeal as if it formed part of this Division.
(1) The Minister must, on determining a purchase price for land to which a pending Western lands lease 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 13 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.
(4) Any notice in effect under section 18G (3) of the Western Lands Act 1901 for land immediately before the Act's repeal continues in effect as a notice for the purposes of this clause for the same land.
(1) The holder of a continued Western lands 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 Part does not apply to a new Western lands lease unless it is a perpetual lease.
A Western lands lease cannot be transferred without the Minister's written consent.
(1) The holder of a Western lands lease may, with the Minister's written consent, subdivide land comprised in the lease.
(2) An application for consent is to be made in the form approved by the Minister.
(3) The applicant is required to meet all reasonable costs incurred in dealing with the application.
(4) The Minister may, in the Minister's absolute discretion, refuse the application or approve the subdivision either conditionally or unconditionally.
(5) A condition of consent also has effect as a condition attaching to any lease resulting from the subdivision that is a lease to which the condition relates.
(6) The Minister may make any consequential alterations to the conditions or purpose of the lease for a subdivided portion as the Minister considers necessary as a result of the subdivision.
(7) The Minister may exclude from a subdivision any areas required for roads or access to the subdivided portions.
(8) Excluded areas are, on consent being given to the subdivision, surrendered to the Crown free from any right to compensation.
(9) The Minister may apportion rent or other money due to the Crown to the subdivided portions in such manner as the Minister considers appropriate.
(10) The consent of the Minister for a subdivision does not affect the requirements of any other written law that applies to the subdivision.
(1) A Western lands lease is subject to the following conditions (the
"standard conditions" )--(a) the condition set out in clause 19 (2) if it is a perpetual lease,(b) conditions set out in Division 3 of this Part,(c) conditions prescribed for the purposes of subclause (2).
(2) The regulations may make provision for or with respect to the conditions applicable to Western lands leases, including the modification of the conditions referred to in subclause (1) (a) and (b).
(3) A Western lands lease is also subject to--(a) any other conditions specified in the lease or imposed by the Minister under this Act, and(b) for a continued Western lands lease--any conditions to which it was subject immediately before the repeal of the Western Lands Act 1901 .
(4) The standard conditions (including if they are modified) prevail over any conditions referred to in subclause (3) to the extent of any inconsistency.
(1) The regulations may make provision for or with respect to--(a) approving the carrying out of specified activities (
"approved activities" ) on land under perpetual Western lands leases, and(b) requirements in relation to the carrying out of a specified approved activity.
(2) It is a condition of a perpetual Western lands lease that the holder may carry out any approved activity on the land under the lease, but only if--(a) the carrying out of the activity does not result in the activity becoming the primary use of the land, and(b) the activity is carried out in accordance with any applicable requirements for the activity specified by the regulations.
(1) This Division sets out conditions that are taken to be included in all Western lands leases.
(2) However, to the extent that the provisions of this Division are inconsistent with those of a conservation agreement entered into under the National Parks and Wildlife Act 1974 , the provisions of this clause do not apply to a lease relating to land subject to that agreement.
In this Division--
"Building Code of Australia" has the same meaning as in the
Environmental Planning and Assessment Act 1979 .
"company" has the same meaning as in the Corporations Act 2001 of the
Commonwealth.
"contact details" , in relation to a person, means--
(a) the full name of the person, and
(b) the residential or business address of the person, and
(c) a telephone number on which the person can be contacted.
(1) The lease (except if it is a lease granted under this Act for that purpose) does not confer any right to remove material from the leased land or to prevent the entry and removal of material by authorised persons.
(2) The holder of the lease must not prevent any persons duly authorised in that behalf from cutting or removing timber or material or from searching for any mineral within the land under lease.
(1) The holder of the lease must take measures that the Minister may direct to protect the leased land and, without limitation, the Minister may direct the holder to do any one or more of the following--(a) to prevent the use by stock of any part of the leased land for the periods that the Minister considers necessary and to erect fencing for that purpose,(b) to prevent the overgrazing of the land,(c) to prevent any part of the leased land being used for agricultural practices of the types and for the periods that the Minister considers necessary,(d) to take measures to protect the land (including measures to prevent soil erosion or other damage to the land) as the Soil Conservation Commissioner under the Soil Conservation Act 1938 may recommend.
(2) The holder of the lease must not overgraze the leased land (or permit or allow it to be overgrazed). For this purpose, a decision of the Minister as to what constitutes overgrazing is final.
The holder of the lease must, if the Minister directs it, erect gates on public roads on the leased land.
The holder of the lease must carry out the repairs to improvements on the leased land that the Minister may direct.
The holder of the lease must provide the Minister with the returns and statements that the Minister may require from time to time on any matter connected with the leased land or any other land (whether within or outside the Western Division) in which the holder has an interest.
(1) If the holder of the lease erects a building on the leased land that is outside a local government area, the holder must ensure that the building is erected (whether by the holder or an employee or contractor) in accordance with the applicable requirements of the Building Code of Australia for buildings of that kind.
(2) This clause does not affect any requirements of the Home Building Act 1989 concerning residential building work.
(1) If the holder of the lease is a company, the holder must provide the Minister with the contact details of the secretary (or, if there is no secretary, the contact details of each of the directors) of the company both when the lease is granted and whenever any of those details change.
(2) The holder of the lease must not transfer the lease to another person unless the holder first provides the contact details of the person to whom the lease is to be transferred. If the transferee is a company, the contact details should be those of the secretary of the company (or, if there is no secretary, those of each of the directors).
A holder of a lease who contravenes a condition specified by clause 23 (1), 24, 25, 26 or 28 (1) is guilty of an offence.
: Maximum penalty--as determined under section 11.7.
Note--: See also Part 2 of this Schedule. In particular, clause 4 provides that (subject to this Schedule) any rent, royalty, deposit, fee, purchase price, instalment, interest or other amount payable for a continued Western lands tenure remains payable in the same way and the same amounts subject to any variations made by or under this Act.
(1) The regulations may make provision for or with respect to the method for calculating the rent for continued Western lands leases.
(2) The regulations may also make provision for the redetermination or adjustment of the rent for a continued Western lands lease, including by modifying the application of Part 6 of the Act for this purpose.
(3) This clause does not limit the application of section 12.15 (Waiver, reduction, remission, postponement or rebate of certain amounts) to rents for continued Western lands leases.
(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 perpetual Western lands 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) for land under a perpetual Western lands lease--the carrying out of development on the land if it is an approved activity (as defined in clause 19),(i) 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 perpetual Western lands 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.
(1) The term of a Western lands lease that is a term lease may be extended from time to time--(a) for a term not exceeding 40 years, and(b) on the terms and conditions (not affecting the amount of rent) that the Minister thinks fit.
(2) An extension may be for the whole, or a specified part, of the land leased.
(3) An application for an extension must be made in the manner and form approved by the Minister or prescribed by the regulations.
(1) The holder of a Western lands lease that is a term lease (the
"original term lease" ) may make an application (a
"lease conversion application" ) to the Minister for the lease to be converted into a perpetual lease.
(2) A lease conversion application must be made in the manner and form approved by the Minister or prescribed by the regulations.
(3) A lease conversion application may be withdrawn with the consent of the Minister if the costs incurred in dealing with the application are paid.
(4) All leases held in the same interest must be included in one lease conversion application.
(1) Subject to this clause, the Minister may grant or refuse a lease conversion application at the Minister's absolute discretion.
(2) The Minister must refuse to grant a lease conversion application if the Minister considers the granting of the application is contrary to the public interest or undesirable in any other way.
(3) A lease conversion application cannot be granted--(a) if any part of the leased land is reserved from sale, lease or licence under any Act--unless the Minister approves, or(b) if any part of the leased land is in a State forest or timber or forest reserve--unless the Forestry Corporation approves, or(c) if any part of the leased land is in an area over which an authority or claim (or a particular authority or claim) cannot be granted or registered under the Mining Act 1992 --unless the Secretary (as defined in that Act) approves.
(4) The Minister may, on the recommendation of the Secretary, grant a lease conversion application as to the whole or part of the leased land.
(1) Subject to this clause, the granting of a lease conversion application converts the original term lease into a perpetual lease granted under this Act.
(2) The following provisions apply if a lease conversion application is granted for only part of the leased land--(a) the following separate leases are taken to have been granted under this Act--(i) a perpetual lease limited to that part of the land (the
"new perpetual lease" ),(ii) a term lease for the rest of the land (the
"residual term lease" ),(b) any person having an interest in the original term lease is taken to have an equivalent interest (whether by way of mortgage or in any other way) in both the new perpetual lease and the residual term lease,(c) both the new perpetual lease and the residual term lease are taken to commence on the day the application is granted,(d) the term of the residual term lease is taken to be the balance (as at the date the application is granted) of the original term lease,(e) the residual term lease is, subject to this clause, taken to be held subject to the terms and conditions to which the original term lease was subject at the date of the application,(f) the cost of any necessary survey must be paid by the holder of the new perpetual lease and the residual term lease in the manner and at the time prescribed by the regulations and a failure to do so makes the leases liable to forfeiture.
(3) A perpetual lease resulting from the granting of a lease conversion application is subject to--(a) the terms and conditions to which the original term lease was subject at the date of the application (except those relating to its term), and(b) any other terms and conditions that the Minister decides to impose when granting the application.
(1) This Part applies to continued incomplete Western lands lease purchases (but not to pending Western lands lease purchases).Note--: See also Part 2 of this Schedule. In particular, clause 4 provides that (subject to this Schedule) any rent, royalty, deposit, fee, purchase price, instalment, interest or other amount payable for a continued Western lands tenure remains payable in the same way and the same amounts subject to any variations made by or under this Act.
(2) A
"continued incomplete Western lands lease purchase" is a purchase of land that was formerly under a lease granted under the Western Lands Act 1901 if the payment of the purchase price or any other amount due to the Crown in respect of the purchase was not complete immediately before the repeal of Schedule 4 to that Act.
(1) Subject to this Part and the regulations, Part 5 of Schedule 4 applies in relation to continued incomplete Western lands lease 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 Western lands lease purchases.
The consent of the Minister is not required for the holder of a continued incomplete Western lands lease purchase to transfer the land under the purchase, except to the extent provided by Part 5 of Schedule 4 (as applied by clause 37 of this Schedule).
This Schedule does not limit Division 7.4 (Forfeiture of holdings) of this Act in its application to a continued incomplete Western lands lease purchase, except to the extent provided by Part 5 of Schedule 4 (as applied by clause 37 of this Schedule).
This
Part applies to each of the following kinds of land in the Western Division (
"applicable Western land" )--
(a) any land under a Western lands lease expressed to be granted for the purpose of grazing,
(b) any land under a Western lands lease that is not expressed to be granted for the purpose of agriculture, combined grazing and agriculture or mixed farming or for any similar purpose or purposes,
(c) any land under a continued tenure (as defined in Schedule 1) that was a permissive occupancy, conditional lease or homestead selection under the Crown Lands (Continued Tenures) Act 1989 immediately before the Act's repeal,
(d) any dedicated or reserved Crown land for which there is a Crown land manager,
(e) any stock watering place (as defined in the Local Land Services Act 2013 ) having an area of more than 5,000 square metres,
(f) any land authorised to be used or occupied under a licence under this Act,
(g) any other land prescribed by the regulations.
In this Part--
"applicable Western land" is defined in clause 40.
"cultivate" , in relation to applicable Western land, includes the preparation
of the land for cultivation and the further cultivation of the land if it has
previously been cultivated, but does not include any clearing of native
vegetation (as defined in the Native Vegetation Act 2003 ), or clearing of
State protected land (as defined in clause 4 of Schedule 3 to that Act), to
which a cultivation condition applies.
"cultivation condition" is defined in clause 44 (3).
"cultivation consent" is defined in clause 43 (1).
"responsible occupier" , in relation to applicable Western land, means--
(a) for land under a holding--the holder of the holding, or
(b) for any other land--the person who has the care, control and management of the land.
(1) The responsible occupier for applicable Western land must not cultivate any part of the land unless--(a) there is a cultivation consent in force for it, and(b) the cultivation complies with all of the cultivation conditions applicable to the cultivation consent.: Maximum penalty--as determined under section 11.7.
(2) If the Minister is satisfied that the responsible occupier for applicable Western land has cultivated the land in contravention of subclause (1), the Minister can disregard the cultivation when deciding (for the purposes of a provision of this Act, the regulations or a lease over the land) whether the land is suitable for agricultural production.
(3) Without limiting Division 7.4 of this Act, a contravention of subclause (1) by the holder of a holding over the land is a sufficient ground for the Minister to forfeit the holding.
(4) Subclauses (2) and (3) apply regardless of whether or not a person has been prosecuted for, or convicted of, an offence against subclause (1).
(5) This clause does not apply in any circumstances that may be prescribed by the regulations.
(1) The responsible occupier for applicable Western land may apply to the Minister for consent (a
"cultivation consent" ) to cultivate a specified part of the land.
(2) An application must be made in the manner and form approved by the Minister.
(1) The Minister may refuse or grant an application for a cultivation consent for specified applicable Western land.
(2) A cultivation consent must be in writing.
(3) A cultivation consent may be granted unconditionally or subject to any conditions (
"cultivation conditions" ) that the Minister may decide to specify in the consent.
(4) A cultivation consent remains in force for the period (if any) specified in the consent, unless it is revoked, suspended or surrendered sooner.
(5) The regulations may make provision for or with respect to the payment of fees for cultivation consents.
The Minister may, by written notice given to the responsible occupier for applicable Western land, vary the period or conditions of a cultivation consent granted for the land.
(1) The Minister may, by written notice given to the responsible occupier for applicable Western land, revoke or suspend any cultivation consent granted for the land.
(2) A cultivation consent can be revoked or suspended on the ground that a cultivation condition has been contravened or on any other ground.
(3) The Minister cannot revoke a cultivation consent for applicable Western land unless the Minister first gives the responsible occupier of the land an opportunity to make written submissions about why it should not be revoked.
(4) A suspension of a cultivation consent has effect for the period specified in the written notice given to the responsible person. A suspended cultivation consent ceases to be in force while it is suspended.
(5) The Minister may at any time extend, shorten or revoke a suspension of a cultivation consent for applicable Western land in a further written notice given to the responsible occupier for the land.
(1) A person may appeal to the Land and Environment Court against any of the following--(a) a refusal of the Minister to grant a cultivation consent to the person,(b) a condition of a cultivation consent granted to the person,(c) the suspension or revocation of a cultivation consent granted to the person or the person's predecessor in title.
(2) Without limiting subclause (1) (a), the Minister is taken to have refused to grant a cultivation consent for the purposes of an appeal if the Minister does not determine the application for the consent within 6 months after the application is received by the Minister.
(1) This clause applies to any consent to cultivate applicable Western land given under section 18DA of the Western Lands Act 1901 (a
"continued consent" ) if immediately before the Act's repeal--(a) the consent was in force (a
"continued current consent" ), or(b) the consent was suspended (a
"continued suspended consent" ).
(2) A continued current consent continues in force under this Part as a cultivation consent for the same land.
(3) A continued suspended consent continues under this Part as a suspended cultivation consent for the same land.
(4) The continued consent continues to be subject to the terms and conditions specified in the consent or suspension of the consent unless--(a) the terms or conditions are inconsistent with another provision of this Part or the regulations made for the purposes of this Part, or(b) are varied under this Part.
(5) Subject to this Part, a continued consent can be varied, revoked, suspended or dealt with in any other way under this Part as if it had been granted under this Part.
In this Part--
"beneficiary" , in relation to a special easement, means--
(a) any lessee of land benefited by the easement, or
(b) any other person or body in whose favour the easement has been created as referred to in section 88A of the Conveyancing Act 1919 .
(1) The Minister may, by instrument lodged with the Registrar-General, create any of the following easements (a
"special easement" ) over land within the Western Division that, in the Minister's opinion, is being used as a road or track--(a) an easement in the nature of a right of way,(b) any other easements as are appropriate to the construction and maintenance of a right of way.
(2) An instrument for creating a special easement--(a) cannot be lodged with respect to freehold land, and(b) must specify the beneficiary of the easement or the land to which the benefit of the easement is appurtenant.
(3) An instrument lodged under this clause is to be made by reference to a plan that is registered or recorded under Division 3 of Part 23 of the Conveyancing Act 1919 .
(4) On receiving an instrument lodged under this clause, the Registrar-General may record any particulars of the creation of the special easement as the Registrar-General considers necessary in any folio of the Register relating to land which, in the Registrar-General's opinion, is affected by the creation of the easement.
(5) No duty is payable under the Duties Act 1997 in respect of an instrument lodged under this clause.
(6) Sections 88A and 181A of the Conveyancing Act 1919 apply to an instrument lodged under this clause.
(7) An easement referred to in section 88A of the Conveyancing Act 1919 may be created not only in favour of a public authority referred to in that section, but also in favour of any other persons or bodies as may be specified in that regard by the plan referred to in subclause (3). In that case, any reference in section 88A of the Conveyancing Act 1919 to a public authority extends to any person or body specified.
(8) As soon as practicable after a special easement is created, the Minister must cause notice of that fact to be given to--(a) each beneficiary of the easement, and(b) each lessee of land over which the easement is in force.
(9) Section 89 of the Conveyancing Act 1919 does not apply to a special easement.
(10) Neither the creation of a special easement in respect of any land held under a lease, nor a lessee's request for the creation of a special easement in respect of any such land, is to be regarded--(a) as a breach of any contractual provision prohibiting, restricting or regulating the lessee's right to deal with the land, or(b) as giving rise to any remedy by a party to any legal instrument, or as causing or permitting the termination of any legal instrument, because of the creation of the easement or the making of the request.
(11) This clause applies to land under a Western lands lease granted or issued before 1 December 2002 (which is when section 35S of the former Western Lands Act 1901 commenced), but does not apply to a lease granted on or after that date.
(1) The Minister may, by instrument lodged with the Registrar-General, release a special easement on the application of--(a) each beneficiary of a special easement, and(b) for a special easement over land under a lease--each lessee of the land.
(2) On receiving an instrument lodged under this clause, the Registrar-General may record any particulars of the release of the special easement as the Registrar-General considers necessary in any folio of the Register relating to land which, in the Registrar-General's opinion, is affected by the release of the easement.
(3) No duty is payable under the Duties Act 1997 in respect of an instrument lodged under this clause.
(4) As soon as practicable after a special easement is released under this clause, the Minister must cause notice of that fact to be given to--(a) each former beneficiary of the easement, and(b) each lessee of land over which the easement was formerly in force.
(5) To avoid doubt, this clause extends to an easement originally granted under section 35S of the former Western Lands Act 1901 .
(1) This clause applies to land under a Western lands lease granted or issued before 1 December 2002 (which is when section 35Q of the Western Lands Act 1901 commenced), but does not apply to a lease granted on or after that date.
(2) The Minister may, by notice published in the Gazette, withdraw any land from a Western lands lease for the purpose of dedicating it as a public road if, in the Minister's opinion, it is being used by the public as a road.
(3) After the land is withdrawn, the Minister may dedicate that land as a public road as provided by section 12 of the Roads Act 1993 .
(4) No compensation is payable with respect to any loss or damage arising because of the operation of this clause.
The Minister may create public roads over freehold land by acquiring the land under Part 12 of the Roads Act 1993 and dedicating the land acquired as a public road under Part 2 of that Act.
The provisions of this Part are repealed on a day or days to be appointed by proclamation.
(1) This Part applies to a condition of a Western lands lease regardless of whether the condition attaches to the lease because of the provisions of the lease, this Act or in any other way.
(2) In this Part,
"condition" of a Western lands lease includes a covenant, term, reservation, exception, exemption, provision or prohibition.
(1) The Minister may, by written notice given to a holder of a Western lands lease, require the holder--(a) to comply with a condition of the lease that the Minister considers has been contravened, and(b) to take, within a specified period, any specified measures that the Minister considers appropriate to rectify the contravention.
(2) The Minister may, by written notice given to the responsible occupier of applicable Western land (as defined in Part 5 of this Schedule), require the occupier--(a) to comply with a condition of a cultivation consent for the land granted under Part 5 of this Schedule that the Minister considers has been contravened, and(b) to take, within a specified period, any specified measures that the Minister considers appropriate to rectify the contravention.
(3) A notice under this clause may be varied or revoked by a further written notice.
(4) A person given a notice under this clause must comply with the notice.Maximum penalty (subclause (4)): as determined under section 11.7.
(1) If a person does not take any of the measures specified by a notice under clause 56 within the period required by the notice, the Minister may, by the Minister's agents or contractors, enter the land concerned and take those measures.
(2) Any costs incurred by the Minister in taking any of those measures--(a) may be recovered by the Minister from the person as a debt in a court of competent jurisdiction, and(b) are a charge on the land concerned until the costs are paid to or recovered by the Minister.
The fact that proceedings have been taken under one of the provisions of this Schedule for a contravention of a condition of a lease does not prevent different proceedings being taken under this Schedule or in any other way for the same contravention.
(1) This clause applies to the lease granted to Silverton Wind Farms Developments Pty Ltd (the
"Silverton lease" ) under section 35XC of the Western Lands Act 1901 over certain land in the Western Division (the
"leased land" ), as in force immediately before the Act's repeal.
(2) If a lessee of any of the leased land (the
"new owner" ) applies for (and is granted) the right to purchase the land under this Act, the provisions of this Act relating to special purpose leases continue to apply in respect of the Silverton lease as if the Crown had retained ownership of the land as Crown land, and can be enforced by or against the Crown accordingly.
(3) The new owner is bound by the Silverton lease in the same way as the owner would have been if the owner had continued to hold a lease from the Crown over the leased land instead of the freehold.
(4) This clause ceases to bind the Crown, the lessee under the Silverton lease and the new owner if--(a) the lease (or, if renewed under an option, the renewed lease) is revoked under this Act, or(b) the lease (or renewed lease) expires.