New South Wales Consolidated Acts New South Wales Consolidated ActsClauses 2-8 of this Schedule re-enact (with minor modifications) Part 2A of the former Act and are transferred provisions to which section 30A of the Interpretation Act 1987 applies.
(1916 Act, s 25C)
In this Schedule--
"owner" , in relation to purchase-tenure land, means--
(a) where the land has not been brought under the provisions of the Real Property Act 1900 --the holder or the owner, subject to mortgage, of the prescribed lease from the Crown immediately before the application for the purchase of the land was granted under the Crown Lands (Continued Tenures) Act 1989 , the Western Lands Act 1901 or the Crown Land Management Act 2016 , as the case may be, or, where the title of that holder or owner has devolved or been transferred, any successor of that holder or owner, but not including a mortgagee of the land, or
(b) where the land has been brought under the provisions of the Real Property Act 1900 --the registered proprietor of the land or, where the registered proprietor holds the land as mortgagee, the mortgagor, or any successor of the mortgagor, for the time being entitled to the equity of redemption.
(1916 Act, s 25D)
The Minister may, on the recommendation of the Corporation, by order published
in the Gazette, declare that any Crown land described in the order is not to
be subject to the provisions of clause 4 or 5 or of both clauses 4 and 5, as
may be specified in the order. Any such order takes effect on and from the
date on which it is published.
(1916 Act, s 25E)
(1) An application for the purchase of land held under a prescribed lease from the Crown must not be granted if--(a) notice in writing of the application has not been given to the Corporation by a prescribed officer, or(b) where such a notice has been so given, the Corporation has, within a period of 3 months after the receipt of the notice or within such further period not exceeding 3 months as may, within the first-mentioned period of 3 months, have been notified by the Corporation to that prescribed officer, certified in writing to that prescribed officer that it objects to the granting of the application.
(2) If the Corporation has certified in writing to a prescribed officer that it objects to the granting of an application, the application is taken to have been refused.
(3) If, within the period prescribed by the regulations after the Corporation has so certified, any land to which the certificate relates has not been dedicated as a State forest or flora reserve, the provisions of subclause (1) do not apply to any application for the purchase of the land, being an application made in respect of the land or any part of it within 12 months after the end of that prescribed period.
(4) Any land to which a certificate given by the Corporation under subclause (1) relates must not, during the prescribed period referred to in subclause (3), be disposed of except with the consent in writing of the Corporation, and a lease of any such land must not, during that prescribed period, be granted or extended, except with such a consent.
(5) A failure to comply with the provisions of subclause (1) does not affect the validity of any title granted pursuant to an application referred to in that subclause.
(6) Subclause (1) does not apply to an application for the purchase of land leased solely for the purpose of tree-farming.
(7) If the Corporation decides not to object to the application, the Corporation may certify to the prescribed officer to that effect and may, if it thinks fit, certify that clause 5 is not to apply to the land concerned.
(1916 Act, s 25F)
(1) On land becoming purchase-tenure land, there is (unless the Corporation has certified under clause 4(7) that this clause is not to apply to the land) reserved to the Crown for the enjoyment of the Corporation or, if a timber licence or forest products licence is issued in respect of that land, for the enjoyment of the holder of the licence, a profit à prendre conferring on the Corporation or that holder, as the case may be, the right, whether or not the balance of purchase money is paid or the land is under the provisions of the Real Property Act 1900 , to take timber or forest products from that land to the exclusion of any person who, but for this subclause, would be entitled to take the timber or forest products.
(2) Subject to clause 8, a profit à prendre reserved in respect of any land expires at the end of a period of 10 years from the date on which the land became purchase-tenure land.
(3) Except as otherwise provided by this Act, the Corporation or the holder of a timber licence or forest products licence entitled to the enjoyment of a profit à prendre is not liable to make any payment in respect of the rights conferred by the profit à prendre.
(4) Without derogating from the rights conferred by law on persons entitled to the enjoyment of profits à prendre, the Corporation, or holder of a timber licence or forest products licence, entitled to the enjoyment of a profit à prendre reserved in respect of any land may, during the currency of the profit à prendre, and with or without vehicles, machinery and equipment, enter and occupy the land affected by the profit à prendre for the purpose of removing, treating, processing or protecting the timber or forest products the subject of the profit à prendre for the purpose of constructing roads, bridges, gates and ramps and incidental works that, in the opinion of the Corporation, are necessary to enable the timber or forest products to be removed from the land. However, nothing in this subclause authorises the holder of a licence to contravene any conditions or limitations of that licence.
(5) A profit à prendre reserved in respect of any land does not confer the right to take from the land any trees which, in the opinion of the Corporation--(a) have been planted or established and have been maintained by careful tending and improvement as a woodlot or forest or for the purpose of tree-farming or have been planted or established as a windbreak or for the beautification of the land, or(b) have been established on land that is the subject of a forestry right, or(c) are growing on land that has been substantially improved for farming purposes and which, subject to subclause (6), are necessary for shade or shelter or for the purpose of the farming, improvement or protection of the land.
(6) The restriction of a profit à prendre imposed by subclause (5)(c) extends only to trees selected by the Corporation and having a total timber content not exceeding 150 cubic metres, as determined by the Corporation.
(7) The reservation in respect of any land of a profit à prendre does not prevent the owner of that land from taking timber or forest products for the purpose of erecting fences on the land or, with the consent in writing of the Corporation, for building or other purposes on the land.
(8) Every estate or interest acquired by an agreement for the disposition of purchase-tenure land which has not been brought under the provisions of the Real Property Act 1900 or by a transfer or conveyance of any such land is, despite any other law, subject to any rights under a profit à prendre affecting the land.
(1916 Act, s 25G)
(1) The Corporation may enter into an agreement, containing such terms and conditions as may be agreed, to sell to the owner of any purchase-tenure land the subsisting rights of the Corporation under a profit à prendre reserved in respect of that land.
(2) The price at which the subsisting rights of the Corporation under a profit à prendre may be agreed to be sold under subclause (1) is to be such amount as the Corporation determines would have been received by it by way of a resource acquisition fee if the timber and forest products the subject of those rights had been taken pursuant to a timber licence or forest products licence.
(1916
Act, s 25H)
If the Corporation removes any timber or forest products pursuant to clause
5(1) or issues a timber licence or forest products licence for the removal of
any timber or forest products pursuant to that subclause, it must as far as is
practicable remove, or it must impose conditions requiring the holder of the
licence as far as practicable to remove, the timber or forest products in one
continuous operation or in one continuous program of operations.
(1916 Act, s 25I)
(1) If--(a) the Corporation is of the opinion that the timber and forest products the subject of a profit à prendre reserved in respect of any land have been substantially taken from that land before the expiration of the profit à prendre as referred to in clause 5(2), or(b) the Corporation is of the opinion that by reason of the small quantity or inferior quality of the timber or forest products the subject of any such profit à prendre it is unlikely that the timber or forest products would be taken by the Crown or the holder of a timber licence or forest products licence before that expiration, or(c) an agreement to sell the subsisting rights of the Corporation under any such profit à prendre has been entered into under clause 6, and no timber licence or forest products licence remains in force in respect of the land,the Corporation is to execute a certificate, in the form prescribed by the regulations, certifying that the land is freed from the profit à prendre. On the execution of such a certificate, the Crown is taken to have released the land from the burden of the profit à prendre.
(2) The Corporation must, after the execution of any such certificate in respect of any land--(a) if the land is not under the provisions of the Real Property Act 1900 --lodge a copy of the certificate with the Registrar-General who is to record in the record of Crown holdings which are not under that Act, in such manner as the Registrar-General considers proper, the release of the profit à prendre, and(b) if the land is under the provisions of the Real Property Act 1900 --lodge with the Registrar-General in a form approved by the Registrar-General a copy of the certificate and on receipt of it the Registrar-General is, under section 32 of that Act, to record in the Register kept under that Act, in such manner as the Registrar-General considers proper, the release of the profit à prendre, and(c) if the certificate was executed on application made by the owner of the land--furnish to the owner a copy of the certificate.