New South Wales Consolidated Acts

GLEN DAVIS ACT 1939 - SECT 19

19 Exclusion of minerals etc

(1) A sale, lease or other disposal of land under this Act, where:

(a) the land was contracted to be sold, the lease was commenced or the disposal took place before the commencement of Schedule 1 to the Miscellaneous Acts (Crown Land Titles) Amendment Act 1980 , and

(b) a Crown grant had not issued in respect of the land before that commencement,

does not include the sale, lease or disposal of any minerals contained in the land, being minerals defined by or under the Mining Act 1973 or the Coal Mining Act 1973 as at the time when a folio of the Register kept under the Real Property Act 1900 is first created in respect of the land.

(2) A sale, lease or other disposal of land under this Act, where the land is contracted to be sold, the lease is commenced or the disposal takes place on or after the commencement of Schedule 1 to the Miscellaneous Acts (Crown Land Titles) Amendment Act 1980 does not include the sale, lease or disposal of any minerals contained in the land, being minerals defined by or under the Mining Act 1973 or the Coal Mining Act 1973 as at the time when the land is contracted to be sold, the lease is commenced or the disposal takes place, as the case may require.

(3) Upon:

(a) the creation of a folio of the Register kept under the Real Property Act 1900 in respect of land sold, leased or otherwise disposed of under this Act, being the first folio of that Register created in respect of that land, or

(b) the execution of an instrument evidencing a sale, lease or other disposal of land under this Act,

that land shall, if the Minister has so determined before that creation or execution, be subject to such reservations and exceptions as may by the Minister be deemed expedient in the public interest.

(4) Subsection (3) does not apply to a sale, lease or other disposal of land in respect of which a Crown grant was issued under this Act as in force before the commencement of Schedule 1 to the Miscellaneous Acts (Crown Land Titles) Amendment Act 1980 .