Part 5Planning
provisions
13Plan
The Minister may cause a plan or plans to be made
in relation to any land acquired by him under this Act, and may in such plan
or plans indicate:
(a)
the proposed roads and proposed reserves for
public recreation or other public purposes, including any roads or any such
reserves which are additional to those shown on the plan referred to in
section eleven of this Act,
(b)
the parts of such land which are proposed to be
set apart as sites for:
(i)
residences,
(ii)
shops,
(iii)
business premises,
(iv)
other buildings,
(c)
the parts of such land which are proposed to be
set apart for:
(i)
religious purposes,
(ii)
charitable purposes,
(iii)
municipal purposes,
(iv)
any other public purpose of a like
character.
14Dedication of
roads
The Governor may, by proclamation published in
the Gazette, declare any road constructed by the Minister on land acquired by
him under this Act, to be a public road.
Thereupon such road shall, notwithstanding
anything contained in the Local Government Act, be a public road within the
meaning of that Act.
15Trustees of
reserves
(1)
The Minister may, by notification in the Gazette,
appoint the council of the area within which any reserve referred to in
paragraph (a) of section thirteen of this Act is situate, to be the trustees
of such reserve.
(2)
Upon the publication of such notification the
reserve shall be a public reserve within the meaning of the Local Government
Act.
(3)
(4)
The Minister may transfer to the Council such
estate in the land accompanied by such powers and with such conditions as the
Minister may think fit and as may be specified in the instrument of
transfer.
s 15: Am 1980 No 196,
Sch 1.
16Leases
(1)
The Minister may lease any land acquired by him
under this Act, subject to such reservations and conditions and for such term
as he may think fit.
(2)
Every lease made under this section shall be made
to take effect in possession not later than three months after its
date.
(3)
(a)
Every lease made under this section shall reserve
the best rent that can reasonably be obtained regard being had to the
circumstances of the case.
(b)
This subsection shall not apply to or in respect
of a lease where, in the opinion of the Minister, the land comprised in the
lease is to be used exclusively for charitable, patriotic or other public
purposes.
(4)
Every lease made under this section shall contain
a condition of re-entry on the rent not being paid within a time therein
specified, and the covenants implied by section eighty-four of the Conveyancing
Act 1919–1939 shall not be excluded
therefrom.
(5)
Every lease made under this section shall be in
writing and shall, subject to this section, contain such provisions as the
Minister thinks fit and shall include a provision that the land, and buildings
(if any), or any part thereof shall not be sublet and the lease shall not be
assigned without the leave of the Minister, which leave the Minister may in
his absolute discretion grant or withhold.
17Power to
sell
(1)
The Minister may, by public auction or private
treaty, sell any land acquired by him under this Act to any person upon such
terms and conditions as he may think fit.
(2)
Without prejudice to the generality of subsection
one of this section the conditions of any such sale may include:
(a)
a condition that the land shall not be used for
any purpose other than a specified purpose,
(b)
a condition that the land shall not be subdivided
without the consent in writing of the Minister,
(c)
a condition that a building of a specified
character or class only shall be erected on the land and/or that a building of
a specified character or class shall be erected on the land within a specified
time,
(d)
a condition providing for the forfeiture of the
land upon breach of any specified condition,
(e)
any other condition which the Minister considers
necessary for the carrying out of the objects and purposes of this
Act.
(3)
The conditions referred to in paragraphs (a),
(b), (c) and (d) of subsection two of this section are in this Part referred
to as special
conditions.
(4)
Subject to the provisions of this Part of this
Act a special condition:
(a)
shall bind the land to which the special
condition relates,
(b)
shall not cease to bind such land upon its
becoming freehold or its being brought under the provisions of the Real Property Act
1900.
s 17: Am 1980 No 196,
Sch 1.
17AModification of certain
special conditions
(1)
(a)
Where any land has been sold under this Part upon
terms and conditions which include a special condition in or to the effect of
the form set out in the Fifth Schedule to this Act the Minister may, by
instrument under his official seal, modify that special condition by
permitting the use of any other material or materials in addition to or in
lieu of the materials specified in that special condition.
(b)
The power conferred by paragraph (a) of this
subsection may be exercised in respect of land so sold, either before or after
the land has been brought under the provisions of the Real
Property Act 1900.
(c)
A special condition binding any land shall not be
modified under this subsection except with the consent of the owner of the
land.
(d)
The instrument of modification shall be in or to
the effect of the prescribed form.
(e)
Where a special condition binding any land is
modified under this subsection either before or after the land has been
brought under the provisions of the Real Property Act
1900, the provisions of subsection four of section
seventeen of this Act shall apply to and in respect of the special condition
as so modified.
(f)
Where a special condition binding on any land is
modified under this section after the land has been brought under the
provisions of the Real Property Act
1900, the Registrar-General may make every such entry,
cancellation and correction in the Register kept under that Act as shall
appear to the Registrar-General to be necessary or proper to give effect to
the instrument by which such special condition is
modified.
(2)
Where any land has been offered for sale under
this Part upon terms and conditions which include a special condition in or to
the effect of the form set out in the Fifth Schedule to this Act and has not
been sold, or where the contract for sale of any land sold under this Part has
been rescinded or any land so sold has been forfeited the Minister may upon
any sale or resale of such land include in the terms and conditions a special
condition being the aforesaid special condition modified in the way referred
to in paragraph (a) of subsection one of this section.
(3)
Where any land has been sold under this Part upon
terms and conditions which include special conditions to the effect
that:
(a)
the land shall not be used for any purpose other
than the purpose of a shop or the purpose of a shop and residence or the
purpose of a shop and business offices or the purpose of a shop and residence
and business offices, and
(b)
the purchaser shall, within a period of twelve
months from the date of sale, commence the erection and construction of a
building appropriate to the purpose or one of the purposes for which the land
may be used, and shall thereafter proceed with such erection and construction
so that such building shall be completed within a period of eighteen months
from the date of sale, the power conferred by section twenty-two of this Act
shall, with respect to land sold subject to the special condition referred to
in paragraph (a) of this subsection, extend to authorise the Minister to vary
the special condition referred to in paragraph (b) of this subsection so
as:
(i)
to permit of an extension of the time for
commencing the erection and construction of a specified part of the building,
and of the time within which the same is to be completed,
and
(ii)
to provide for the commencement of the erection
and construction of the remainder of the building, and for the completion of
such remainder within a time or times to be determined in such manner as may
be specified in the instrument of variation; and the determination of such
time or times may, if the Minister thinks fit, be made by reference to the
date of the termination of any war in which His Majesty is engaged at the
commencement of the Glen Davis (Amendment) Act
1943.
This subsection shall not be construed as
affecting the construction of section twenty-two of this Act in its
application to and in respect of any special condition other than special
conditions of the nature referred to in this subsection.
(4)
Where any land has been offered for sale under
this Part upon terms and conditions which include special conditions of the
nature referred to in subsection three of this section, and has not been sold,
or where the contract for sale of any land sold under this Part has been
rescinded, or where any land sold has been forfeited, the Minister may upon
any sale or resale of such land include in the terms and conditions a special
condition, being the special condition referred to in paragraph (b) of
subsection three of this section varied in the manner and to the extent
referred to in that subsection.
s 17A: Ins 1943 No
20, sec 2 (a). Am 1980 No 196, Sch 1.
17BCreation of folio of Register
not to affect conditions etc
(1)
Except in so far as a contrary intention
appears:
(a)
any covenants, conditions, reservations or
provisions attaching or applying to land by virtue of this Act or an
instrument made under this Act, and
(b)
any provisions of this Act or an instrument made
under this Act applying to land,
shall:
(c)
not cease to attach or apply, and shall be deemed
never to have ceased to attach or apply, to the land by reason only of the
issue of an instrument of title or the creation of a folio of the Register
kept under the Real Property Act
1900 whether before or after the commencement of Schedule
1 to the Miscellaneous Acts (Crown Land Titles) Amendment Act
1980 in respect of the land, and
(d)
to the extent that they are applicable, attach or
apply not only to the land as a whole, but also to each and every part of the
land.
(2)
The provisions of subsection (1) apply in
addition to and not in derogation of any other provisions of this
Act.
s 17B: Ins 1980 No
196, Sch 1.
17CRemoval of conditions
etc
(1)
The Minister may:
(a)
before 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, direct in writing that any covenant, condition, reservation
or provision attaching or applying to the land shall cease to attach or apply
to the land upon the creation of the folio, and
(b)
after 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, direct in writing that any covenant, condition, reservation
or provision attaching or applying to the land shall cease to attach or apply
to the land as from the date of the direction.
(2)
The Registrar-General shall give effect to a
direction given under subsection (1).
s 17C: Ins 1980 No
196, Sch 1.
18Breach of conditions in
contract of sale
(1)
In the event of the breach or non-observance of
any of the terms or conditions contained in a contract for the sale of any
land made under this Part of this Act, it shall be lawful for the Minister, by
notification published in the Gazette, to declare the contract to be rescinded
and thereupon the contract shall be rescinded and all moneys paid to the
Minister thereunder shall be forfeited.
The rescission shall not operate to extinguish
the obligation to pay any moneys which are due and payable to the Minister at
the date of the notification.
(2)
The acceptance by or on behalf of the Minister of
any moneys payable to him under the contract shall not be held to operate as a
waiver of the breach or non-observance of any term or condition contained in
the contract.
19Exclusion 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.
s 19: Subst 1980 No
196, Sch 1.
19AEstate in
land
A person who has purchased, or contracted to
purchase, land under this Act has, subject to this Act, an estate in fee
simple in the land.
s 19A: Ins 1980 No
196, Sch 1.
20Forfeiture
(1)
Where land becomes liable to be forfeited under
this Act such forfeiture may be declared by the Minister by notification
published in the Gazette.
(2)
Where land which is under the provisions of the
Real Property Act 1900 is forfeited
pursuant to this section the Registrar-General may, upon the application of
the Minister and upon production of the Gazette notification declaring such
forfeiture, make every such entry, cancellation and correction in the Register
kept under that Act as shall appear to the Registrar-General to be necessary
or proper.
ss 20–23: Am
1980 No 196, Sch 1.
21Effect of cancellation of
contract and forfeiture of land
(1)
Where a contract for sale is rescinded pursuant
to section eighteen of this Act the land to which the contract related may be
disposed of by the Minister under this Part.
(2)
Where land is forfeited pursuant to section
twenty of this Act the land shall revest in His Majesty, His Heirs and
Successors according to law.
The land so revested in His Majesty shall not be
available for the purposes of the Crown Lands Consolidation Act
1913.
Lands so revested in His Majesty may be disposed
of by the Minister under this Part.
ss 20–23: Am
1980 No 196, Sch 1.
22Variation of special
conditions
(1)
Where the Minister is satisfied that, having
regard to the circumstances of the case, it is just and reasonable so to do,
he may, by instrument under his official seal, cancel or vary any special
condition which binds any land.
(2)
The instrument shall be in or to the effect of
the prescribed form.
(3)
A special condition binding any land shall not be
cancelled or varied under this section except with the consent of the owner of
the land.
(4)
Where a special condition binding any land is
varied under this section the provisions of subsection four of section
seventeen of this Act shall apply to and in respect of the special condition
as so varied.
(5)
Where a special condition binding on any land
which is under the provisions of the Real Property Act
1900 is cancelled or varied under this section, the
Registrar-General may make every such entry, cancellation and correction in
the Register kept under that Act as shall appear to the Registrar-General to
be necessary or proper to give effect to the instrument by which such special
condition is cancelled or varied.
ss 20–23: Am
1980 No 196, Sch 1.
23Land for charitable and
municipal purposes
(1)
Any land acquired by the Minister under this Act
may be transferred by him, with or without consideration, to such person or
body of persons as he may nominate for the purpose, as a site to be used for
religious, charitable or municipal purposes or other public purposes of a like
character.
(2)
Land transferred under subsection (1) shall be
subject to:
(a)
(b)
a condition binding the land, which shall be a
special condition within the meaning of this Act, for the erection within a
specified time of a building according to plans and specifications approved by
the Minister, and
(c)
a condition binding the land, which shall be a
special condition within the meaning of this Act, providing that the land
shall not be used for purposes other than those specified,
and
(d)
a condition of forfeiture on the breach or
non-observance of any specified condition, being a condition referred to in
paragraph (b) or paragraph (c) of this subsection.
ss 20–23: Am
1980 No 196, Sch 1.
24Crown grant of hotel
site
(1)
As soon as practicable after the commencement of
this Act a Crown grant of the lands described in the Fourth Schedule to this
Act shall be issued to William Joseph Lees of Mount Victoria, licensed
publican, his heirs and successors forever.
(2)
The Crown grant issued under this section shall
contain:
(a)
the reservation of minerals referred to in
paragraph (a) of subsection two of section nineteen of this Act, and such
other reservations and exceptions as may, by the Governor, be deemed expedient
in the public interest,
(b)
a condition binding the land, which shall be a
special condition within the meaning of this Act, for the construction, within
twelve months after the date of the Crown grant, upon the lands thereby
granted, of buildings in accordance with the plans and information lodged with
the licensing court for the Hartley licensing district held at Lithgow on the
twenty-eighth day of September, one thousand nine hundred and thirty-nine, in
connection with an application by Edith Mary Gardiner the licensee of the
Mount Victoria Hotel situated at Mount Victoria in the said licensing district
for the conditional removal of such licence to premises proposed to be erected
at Glen Davis in the said licensing district upon the lands described in such
application,
(c)
a condition binding the land, which shall be a
special condition within the meaning of this Act, providing that the land
shall not, after a specified date, be used for any purpose other than as
licensed premises in respect of which a publican’s licence is
held,
(d)
a condition of forfeiture:
(i)
on the breach or non-observance of any specified
condition being a condition referred to in paragraph (a) of this subsection,
or
(ii)
on the breach or non-observance of any condition
referred to in paragraph (b) or paragraph (c) of this subsection,
or
(iii)
in the event of the land ceasing to be premises
in respect of which a publican’s licence is
held.
25Power to remit amounts and
extend times
The Minister may:
(a)
remit any part of the amount due under any
contract for the sale of land under this Part of this Act,
(b)
extend the period provided in any such contract
for the payment of any purchase money.
26Remedies
(1)
Where, by virtue of this Act or of the operation
of any instrument made or executed under this Act, the Minister is entitled to
the possession of any land and the person in the occupation or use of such
land, or any other person, refuses to give up possession thereof or hinders
the Minister from entering upon or taking possession of the same, the Minister
may issue a warrant to the Sheriff to deliver possession of the same to the
person appointed in such warrant to receive the same.
(2)
Upon the receipt of such warrant the Sheriff
shall deliver possession of such lands accordingly and the cost accruing by
reason of the issuing and execution of such warrant to be settled by the
Sheriff shall be paid by the person refusing to give
possession.