SCHEDULE 3 - Consequential Amendments

Section 40

Crown Lands Act 1976

1.    Section 6 is amended as follows:

(a) by omitting "Crown" and substituting "(1) Crown" ;

(b) by inserting the following subsection:

(2)  Nothing in subsection (1) is to be taken as limiting the operation of any provision of the Crown Lands (Shack Sites) Act 1997 in relation to the sale of a shack site under that Act.

2.    Section 48B(2) is amended by inserting "or the Crown Lands (Shack Sites) Act 1997 " after "Act" .

Land Titles Act 1980

1.    Section 27A is amended by inserting after subsection (5) the following subsections:

(6)  In an application made under subsection (2) , the Director-General of Lands may request the Recorder to note on the relevant folio that the land is subject to any limitation, exception, reservation, condition or restriction in accordance with the Crown Lands Act 1976 and any other limitation, exception, reservation, condition, restriction, covenant or easement as the Director-General of Lands may require or as is created.

(7)  Where on the commencement of the Crown Lands (Shack Sites) Act 1997 the Crown is the registered proprietor of any land, that land is subject to any limitation, exception, reservation, condition or restriction that is noted on the relevant folio.

(8)  On application by the Director-General of Lands, the Recorder may amend any limitation, exception, reservation, condition or restriction noted on the folio.

(9)  A transfer of any land of which the Crown is the registered proprietor is, unless the parties otherwise agree, to be subject to any limitation, exception, reservation, condition, restriction, covenant or easement that is noted on the relevant folio under this section.

(10)  Where the Recorder brings land under this Act pursuant to an application made under subsection (2) , the application is taken to be a registered dealing.

Land Use Planning and Approvals Act 1993

1.    Section 78(1) is amended by inserting "and must do so if it has made the agreement with an owner of land in respect of which a determination under section 4(1)(c) of the Crown Lands (Shack Sites) Act 1997 has been made" after "relates".