(1) The provisions of the specified in Schedule 2 (and any regulations under that Act having effect for the purposes of those provisions) apply to and in respect of land in the Western Division in the same way as they apply to and in respect of land in the Eastern and Central Division. Crown Lands Act 1989
(1) There is to be a Western Lands Advisory Council. (2) The Western Lands Advisory Council is to have 15 members appointed by the Minister, and of whom:
(a) four are to be appointed to represent lessees in the Western Division:
(i) 2 being nominees of the Western Division Council of the NSW Farmers’ Association, and (ii) one being the nominee of The Pastoralists’ Association of West Darling, and (iii) one being a person who is independent of each of the associations referred to in subparagraphs (i) and (ii), and (b) two are to be appointed to represent the interests of local councils, each being a nominee of the Local Government and Shires Association of New South Wales, and (c) two are to be appointed to represent the interests of Aboriginal people, of whom one is to be appointed on the nomination of the New South Wales Aboriginal Land Council, and (d) one is to be appointed on the nomination of the Nature Conservation Council of New South Wales to represent the interests of environment protection groups, and (e) one is to be appointed to represent the interests of the Western Region Local Board under the , and Local Land Services Act 2013 (f) one is to be appointed to represent the interests of the Minister for Climate Change and the Environment, and (g) one is to be appointed to represent the interests of the Minister for Primary Industries, and (g1) one is to be appointed to represent the interests of the Minister for Mineral Resources, and (h) one is to be the Commissioner, and (i) one is to be appointed as an independent chairperson for the Council.
(1) In this section, determine includes redetermine, assess, inquire into, report upon, recommend and any other prescribed act or proceeding.(2) Where:
(a) by or under this Act, it is provided that the Civil and Administrative Tribunal shall determine any matter, and (b) the applicant or lessee who would be affected by the determination, if made, agrees in writing to the Minister’s dispensing with that determination or determining that matter in a specified manner, the Minister may, without the holding of a hearing, dispense with that determination or determine that matter in the specified manner, as the case may be. (3) Where, in the opinion of the Minister, any person other than an applicant or a lessee would be directly affected by a determination by the Civil and Administrative Tribunal of any matter, if made, the Minister shall not take any action under subsection (2) in relation to the determination unless that person agrees in writing to that action being taken.
(1) The Commissioner may from time to time, by order in writing, direct that:
(a) the boundaries of any leased land, or any specified part of those boundaries, or (b) any specified part or parts of leased land, be fenced within such period, and with such kind of fencing, as is specified in the order. (2) An order under subsection (1) (a) may apportion the costs of complying with the order between the lessee of the leased land concerned and the owner or lessee of any adjoining land along the boundaries of that land.
(1) This section applies to:
(a) a lease expressed to be granted or issued for the purpose of grazing, and (b) any other lease not being a lease expressed to be granted or issued for the purpose of agriculture, grazing and agriculture combined or mixed farming or for any similar purpose or purposes. (1A) This section also applies to any other class of land in the Western Division prescribed for the purposes of this section. (2) In this section: cultivate , in relation to land:
(a) includes the preparation of the land for cultivation and the further cultivation of the land if it has previously been cultivated, and (b) does not include any clearing of native vegetation, or clearing of State protected land, to which the condition referred to in section 18DB (3) applies. occupier means the person who, under the Crown Lands Acts, theor the Commons Management Act 1989 : Local Land Services Act 2013
(a) is the holder of a permissive occupancy, a licence, a conditional lease or any other prescribed tenure, or (b) has the care, control and management of land prescribed for the purposes of this section as referred to in subsection (1A). (3) Except in such circumstances as may be prescribed, the lessee of land the subject of a lease to which this section applies, or the occupier of any other land to which this section applies, shall not cultivate any part of the leased or occupied land unless:
(a) the Commissioner has consented in writing to the cultivation of that part, and (b) the consent is in force, and (c) any condition to which the consent is subject under subsection (6) is complied with. (4) Application for consent under this section shall be made to the Commissioner in a form approved by the Commissioner and shall be accompanied by the prescribed fee. (5) The Commissioner shall not give consent under this section without having first referred the application for consent to the Commissioner of the Soil Conservation Service appointed under the , for consideration and advice. Soil Conservation Act 1938 (6) The Commissioner may give consent under this section unconditionally or subject to such conditions as the Commissioner may specify in the instrument of consent or may refuse consent.
(1) This section applies to any lease granted or issued for any purpose under this Act (whether before or after the commencement of this section) unless the land leased has an area of 0.5 hectares or less.
(1) The holder of a lease may apply in the approved form and prescribed manner to have such lease extended to a lease in perpetuity. The application shall be accompanied by the prescribed fee. If a certificate of title has issued in respect of the lease it shall be forwarded with the application. (1A) The Minister may, in the Minister’s absolute discretion, refuse to grant any such application. No other provision of this Act shall be construed so as to prejudice or affect the generality of this subsection. (2) The Minister on the recommendation of the Secretary may grant the application as to the whole or part of the land in the lease. The following provisions shall apply in respect of every such application:
(a) an application under this section shall not be entertained where the granting of the same appears to be contrary to the public interest or to be otherwise undesirable, (b) (c) an application shall not be granted in respect of such part of the land comprised in the lease as is:
(i) reserved from sale, lease or licence under any Act—unless the Minister so approves, (ii) within a State forest or timber or forest reserve—unless the Forestry Corporation so approves, (iii) within an area over which, by virtue of the provisions of the or any instrument under that Act, an authority or claim, or a particular authority or claim, under that Act cannot be granted or registered—unless the Secretary so approves, Mining Act 1992 (d), (e) (f) an application may be withdrawn with the consent of the Minister and upon payment of the costs incurred in dealing with the application.
(1) The holder of a lease under this Act may, with the Minister’s approval, subdivide land comprised in the lease. (2) An application for approval is to be made in the form approved by the Minister. (3) The applicant is required to meet all reasonable costs incurred in dealing with the application. (4) The Minister may, in the Minister’s absolute discretion, refuse the application or approve the subdivision either conditionally or unconditionally.
(1) Land held under a lease:
(a) in the case of land under the , may not be transferred, and Real Property Act 1900 (b) in the case of any other land, may not be conveyed, except with the consent of the Minister. (2) A conveyance effected in contravention of subsection (1) (b) is void for all purposes. (3) In the case of land:
(a) that has an area of not more than 4,050 square metres, and (b) that is the subject of a lease for residential, business, motel, community or other such purposes, the Minister may, by notice published in the Gazette, declare that consent to the transfer or conveyance of the land is not required under this section. (4) If any land to which such a notice relates is land under the , the Registrar-General must make an appropriate recording in respect of that land in the Register kept under that Act. Real Property Act 1900 (5) Subsections (1) and (2) do not apply to:
(a) any transfer of a sublease or mortgage, or (b) any conveyance effected for the purpose of creating, assigning or extinguishing a sublease, mortgage or easement, or (c) any land the subject of a notice referred to in subsection (3).
In this Part: financial year means the year commencing 1 July.intensive agriculture includes irrigated farming, feedlot farming, aquaculture, pisciculture and any other activity declared by the regulations to be intensive agriculture.rehabilitation means any activity that results in an improvement in the condition and functioning of the natural environment.rural holding means the aggregate of all lands:
(a) that are held by the same person under one or more rural leases, and (b) that, in the opinion of the Commissioner, comprise a single holding, regardless of whether or not the lands are contiguous with each other. rural lease means any lease of a kind declared under section 27D to be a rural lease for the purposes of this Part.scaling factor , for any financial year, means the scaling factor determined by the regulations for that year or, if no such factor is determined, the scaling factor determined by the regulations for the previous financial year.urban lease means any lease of a kind declared under section 27D to be an urban lease for the purposes of this Part, and includes any lease that is not declared under that section to be either a rural lease or an urban lease.
(1) As soon as practicable after 1 April in each year, the Commissioner must cause an assessment to be made of the annual rent payable for each rural holding for the financial year commencing next 1 July.
(1) As soon as practicable after 1 April in each year, the Commissioner must cause an assessment to be made of the annual rent payable for each urban lease for the financial year commencing next 1 July.
(1) The Minister may, in such manner as the Minister determines, dispose of Crown land by way of a lease for:
(a) grazing, or (b) agriculture, or (c) agriculture and grazing combined, or (d) mixed farming, or (e) a purpose similar to a purpose referred to in paragraphs (a)–(d), or (e1) the use of land for the purposes of carbon sequestration within the meaning of section 87A of the (including for plantation purposes), or for any such purpose combined with any one or more of the other purposes referred to in this subsection, or Conveyancing Act 1919 (f) any other purpose declared by the Minister, by order published in the Gazette and for the time being in force, to be a purpose for which a lease may be granted under this section. (1A) If the Minister makes an order under subsection (1) (f) with respect to a particular lease purpose, the Minister must also make an order under section 27D declaring that a lease for that purpose is either a rural lease or an urban lease for the purposes of Part 6. (1B) The purposes listed in subsection (1) (a)–(e1) do not limit the purposes for which a declaration may be made under subsection (1) (f). (2) A disposal of Crown land under this section may be effected on such terms and conditions determined by the Minister as are not inconsistent with this section or with section 18E.
(1) This section applies to a lease, other than a lease in perpetuity, granted under section 28A.
(1) The Minister may:
(a) accept a surrender of the whole or any part of a lease under this Act, and (b) under section 18FA or 28A, grant a new lease, or new leases, of the surrendered land on such terms and conditions as the Minister thinks fit.
(1) The Minister may enter into an agreement with the owner or lessee of land in the Western Division for the purpose of carrying into effect any scheme with respect to the productivity, conservation, environmental protection or monitoring of land in the Western Division.
(1) The Minister may, by notice published in the Gazette, withdraw from lease, for the purpose of its being dedicated as a public road, any land that, in the Minister’s opinion, is being used by the public as a road.
(1) The Minister may, by instrument lodged with the Registrar-General, create the following easements over land within the Western Division that, in the Minister’s opinion, is being used as a road or track:
(a) an easement in the nature of a right of way, (b) such other easements as are appropriate to the construction and maintenance of a right of way. (2) Such an instrument:
(a) may not be lodged with respect to freehold land, and (b) may only be made with respect to land held under a lease on the application of the lessee or lessees of the land, and (c) must specify the beneficiary of the easement or the land to which the benefit of the easement is appurtenant. (3) An instrument lodged under subsection (1) is to be made by reference to a plan that is registered or recorded under Division 3 of Part 23 of the . Conveyancing Act 1919 (4) On receiving an instrument lodged under subsection (1), the Registrar-General may record such particulars of the creation of the special easement as the Registrar-General considers necessary in any folio of the Register relating to land which, in the Registrar-General’s opinion, is affected by the creation of the easement. (5) No duty is payable under the in respect of an instrument lodged under subsection (1). Duties Act 1997
(1) On the application of:
(a) each beneficiary of a special easement, and (b) in the case of a special easement over land held under a lease, each lessee of the land, the Minister may, by instrument lodged with the Registrar-General, release the easement.
(1) This section applies to land situated within the prescribed distance of the fenced portion of the State boundary. (2) The Minister may, by notice published in the Gazette, declare that the following easements are vested in the Wild Dog Destruction Board over land to which this section applies:
(a) an easement for repairs in relation to the Border Fences, (b) a right of access in relation to the Border Fences, (c) such other easements as are appropriate to the maintenance of those fences and that right of access. (3) The power conferred on the Minister by subsection (2) may only be exercised in relation to freehold land with the consent of each person having an estate or interest in that land.
(1) A person who has an estate or interest in any freehold land over which a fencing easement is created, or who, but for this Act, would have had such an estate or interest, is entitled to receive compensation from the Crown in respect of the creation of the easement.
(1) The Minister may, by notice published in the Gazette, declare that any fencing easement that is vested in the Wild Dog Destruction Board is extinguished.
(1) The Minister may:
(a) on application made in the approved form, and (b) on such terms and conditions as the Minister determines, grant a forestry right in respect of land held under a lease, but only with the consent of the lessee of that land. (2) In the case of land that is the subject of a lease in perpetuity, the Minister may, on such terms and conditions as the Minister determines, consent to the lessee granting a forestry right in respect of the land the subject of the lease.
(1) The Minister may, by notification in the Gazette, declare any land to be a development district for the purposes of this Part. (2) Such a declaration must designate the purposes for which a special purpose lease may be granted over land in the development district established by the declaration.
(1) The Minister may, in accordance with section 34 or 34A of the , lease any Crown land within a development district for the purpose of enabling development for a designated purpose to be carried out on that land. Crown Lands Act 1989 (2) Despite subsection (1), a lease may not be granted under this section in respect of any land the subject of:
(a) a mining lease under the , or Mining Act 1992 (b) a production lease under the , Petroleum (Onshore) Act 1991 except with the consent of the Minister administering the Act concerned.
(1) The following provisions apply to a special purpose lease over land the subject of a general purpose lease, regardless of the order in which those leases were granted:
(a) the special purpose lease is (or remains) a lease even though it does not confer (or no longer confers) exclusive possession on the lessee under that lease, (b) the special purpose lease is taken to include a condition prohibiting the lessee under that lease from exercising any of the rights conferred by that lease over any part of the land held under the general purpose lease:
(i) on which, or within 200 metres of which, is situated any dwelling-house, or (ii) on which, or within 50 metres of which, is situated any garden, or (iii) on which is situated any significant improvement, except with the written consent of the lessee under the general purpose lease, (c) the special purpose lease is taken to include a further condition prohibiting the lessee under that lease from unreasonably withholding any consent referred to in section 35XD (1) (c). (2) A written consent given for the purposes of subsection (1) (b) by the lessee under a general purpose lease is irrevocable and binds each successor in title to the land the subject of that lease.
(1) Where, under this Act or the regulations thereunder or under any instrument under this Act, any sums are made payable at recurring times, the Minister may, if of the opinion that it is expedient for administrative purposes to do so, in writing direct that those sums or any of them, whether or not they have, or any of them has, then become due and payable, shall be payable at such altered times recurring at the same intervals as the Minister may specify in the direction.
(1) For the purposes of this section:
(a) holding means a holding of a prescribed class, and(b) the amount due for payment in respect of a holding includes any amount that would, but for a deferment, postponement or funding granted or directed under this Act or the Crown Lands Acts, be due for payment in respect of the holding. (2) A person who is the holder of a holding is liable to pay in respect of that holding any amount:
(a) due for payment under this Act, the Crown Lands Acts, the regulations under those Acts or any condition attaching to the holding, and (b) unpaid when the person became the holder. (3) If a person who is a holder pays, in respect of a holding, an amount (other than an amount that is attributable to rent or to interest charged under section 36C or to penalty interest for late payment charged under a condition attached to the holding) that, before the person became the holder of the holding, was due and unpaid under:
(a) this Act, (b) the Crown Lands Acts, (c) the regulations under this Act or the Crown Lands Acts, or (d) any condition attached to the holding, the person may recover the amount as a debt owed by the person who was the holder of the holding when the amount became due. (4) If a person who is a holder pays, in respect of a holding, any amount:
(a) that is attributable to rent or to interest charged under section 36C or to penalty interest for late payment charged under a condition attached to that holding, and (b) that, before the person became the holder of the holding, was due and unpaid under this Act, the Crown Lands Acts, the regulations under those Acts or any condition attached to the holding, the person may recover an amount calculated under subsection (5) as a debt owed by the person who was the holder of that holding during the period in respect of which the amount paid was due.
(1) The Minister may, by notification published in the Gazette, withdraw from lease (whether the lease was granted or issued before or after the commencement of this section) any land required for any purpose for the time being declared by the Minister, by notification in the Gazette, to be a public purpose within the meaning of this section.
(1) The Governor may withdraw the whole or any part of the land comprised in any lease under this Act in any case in which in the Governor’s opinion such land is required for the purpose of settlement, and in connection with such withdrawal shall acquire any freehold portions owned by the lessee and situated within and used in conjunction with such lease or part. On publication in the Gazette of such withdrawal or acquisition, the land is taken to be Crown lands. Unless otherwise agreed to, the lessee shall be allowed not less than six months from the date of the publication in the Gazette of the withdrawal within which to remove the lessee’s stock and plant from the land so withdrawn or acquired, and shall pay rent at the same rate per hectare as under the lease. (1A) Compensation is payable for land withdrawn or acquired under this section, subject to (in the case of a lease) the conditions attaching to the lease or the provisions applying to the lease.
(1) Where a lessee contravenes, whether by act or omission, any condition of a lease under this Act, the Commissioner may serve on the lessee a notice in writing requiring the lessee:
(a) to comply with the condition, and (b) to take such measures to rectify the contravention as the Commissioner considers appropriate and as are specified in the notice.
(1) A lessee who contravenes, whether by act or omission, any of the following conditions of a lease is guilty of an offence and liable to a maximum penalty not exceeding the amount of maximum penalty specified opposite the condition:
(a) (a1) The prohibition in section 18DA (3) (cultivating land without consent of Commissioner or contrary to a condition to which consent is subject)—maximum penalty: 100 penalty units. (b) The condition in section 18D (1) (d) (directions of Commissioner for protection of land)—maximum penalty: 100 penalty units. (c) The condition in section 18D (1) (h) (repairs to improvements)—maximum penalty: 100 penalty units. (d) The condition in section 18A (fencing)—maximum penalty: 100 penalty units. (e) The condition in section 18D (1) (f) (erection of building without approval)—maximum penalty: 20 penalty units. (f) (g) The condition in section 18D (1) (i) (returns etc to be furnished to Commissioner)—maximum penalty: 10 penalty units. (h) The condition in section 18D (1) (g) (gates to be erected on public roads)—maximum penalty: 10 penalty units. (i) A condition of the lease that is prescribed by the regulations made under this Act for the purpose of this section—maximum penalty: 5 penalty units. (2) A lessee who fails to comply with a notice under section 47 in connection with a contravention of any of the following conditions of the lease is guilty of an offence and liable to a penalty not exceeding 100 penalty units:
(a) The prohibition in section 18DA (3) (cultivating land without consent of Commissioner or contrary to a condition to which consent is subject). (b) (c) The use of the land under lease for a purpose that is not a purpose for which the lease was granted or issued.
(1) Proceedings for an offence against this Act or the regulations made under this Act shall be dealt with summarily before the Local Court.
(Section 2A)
(Section 2B)
(Section 8B)