Schedule 4Exempt
contracts, options and land
sections 6, 15, 17 and
19
Part 1
sections 15 and 17
1
A contract between the owners of adjoining land
that only results in an adjustment of a common boundary.
2
A contract between co-owners, within the meaning
of the Act, Part 4, Division 6, providing for the acquisition by 1 or more
co-owners of the whole or part of another co-owner’s share or
interest.
3
A contract for the sale of land to Transport for
NSW if the contract is for the acquisition of land for the purposes of the
Roads Act 1993.
4
A contract for the sale of the fee simple in the
whole or part of land the subject of a lease, holding or tenure under the
Crown Lands (Continued Tenures) Act
1989 or the Western Lands Act
1901, the tenure being continued in force by the Crown Land Management Act 2016,
Schedules 1 and 3, to the holder of the lease, holding or
tenure.
5
A contract for the sale of the whole or part of a
former public road if—
(a)
Crown land forms part of the former public road,
or
(b)
the land that forms part of the former public
road is vested in a council.
Note—
See the Roads Act
1993, sections 42 and 43.
6
A contract for the sale of land entered into by
the Planning Ministerial Corporation, within the meaning of the Environmental Planning and Assessment Act
1979, under that Act, Schedule 2, clause
31.
7
A contract for the sale of land entered into by
the Minister administering the Heritage Act
1977 under the Heritage Act
1977, section 112.
Part 2
sections 6 and 15
8
A contract arising from the exercise of an option
to purchase land, if the option is contained in a will or
lease.
9
A contract arising from the exercise of an option
to purchase land, other than an option specified in item 8 or an option that
is void under the Act, section 66ZG, if the proposed contract and the
prescribed documents are attached to the option.
10
A contract arising from the exercise of an option
to purchase land, other than residential property, if the terms of the option
prevent exercise of the option earlier than 3 months after the date on which
it is granted.
Part 3
section 17
11
A contract arising from the exercise of an option
to purchase land, if the option is contained in a will or
lease.
12
A contract arising from the exercise of another
option to purchase land, not including an option that is void under section
66ZG of the Act, if the proposed contract and the prescribed documents are
attached to the option.
Part 4
section 19
13
An option to purchase land, if the exercise of
the option would result in a contract listed in this Schedule, Part
1.
14
An option to purchase land, if the option is
contained in a will or a lease.
Part 5
sections 15, 17 and
19
15
An estate or interest created by or subsisting
because of a mortgage, easement, permissive occupancy or profit à
prendre.
16
An interest under a lease other
than—
(a)
a lease with an unexpired term, including a term
for which the lease may be renewed at the option of the lessee, of more than
25 years, or
(b)
a lease of Crown land with an unexpired term of
more than 5 years, or
(c)
a perpetual lease or other lease from the Crown
with an unexpired term of more than 5 years, or
(d)
a lease of a lot in a leasehold strata
scheme.