Schedule 2 Amendment of Crown Lands (Continued Tenures) Act 1989
(Section 4)
Omit the definition of Department from section 3 (1). Insert instead:Department means the Department of Lands.
[2] Section 4A Application of Part
Insert after section 4A (1):(1A) Section 4C also applies in respect of a permissive occupancy, other than a permissive occupancy situated in the Western Division.
Insert “The regulations may also apply the provisions of section 4C, with or without modification, in respect of permissive occupancies situated in the Western Division.” after “the Western Division.”
Insert “or permissive occupancy” after “lease”.
Omit the note at the end of the section.
[6] Section 4C Adjustment of annual rent in line with Consumer Price Index—rent subject to redetermination
Omit section 4C (1). Insert instead:(1) The annual rent of a lease (except a lease the rent of which is not subject to redetermination) or permissive occupancy at a due date that is the effective date of a redetermination of the rent of the lease or permissive occupancy, or that is the next due date after a mid-term redetermination of the rent of the lease or permissive occupancy, is:(a) the rent as so redetermined, or(b) if the minimum rent at that due date exceeds the rent as so redetermined, the minimum rent.
Insert “or permissive occupancy” after “lease” wherever occurring.
Insert after clause 12 (1):(1A) Despite subclause (1), if the Independent Pricing and Regulatory Tribunal makes a recommendation in relation to the rent of a lease (or any class of lease), the Minister may, in redetermining the rent of any lease that is the subject of the recommendation, apply the recommendation.(1B) If the recommendation of the Independent Pricing and Regulatory Tribunal is applied by the Minister in redetermining the rent concerned, the local land board and the Land and Environment Court are, despite subclause (1), to apply the recommendation in determining any appeal against the Minister’s decision.
[9] Schedule 7 Purchase of land held under lease
Insert after clause 5 (4) of Part 1:(4A) Despite subclause (4), if the Minister, in connection with the grant of an application to purchase land, imposes a restriction on use or public positive covenant in accordance with Part 4A of the Principal Act, the land remains vested in the Crown, or otherwise held on behalf of the Crown, until such time as the restriction on use or public positive covenant has been recorded on the relevant folio of the Register.
[10] Schedule 7, Part 2, clause 3 (4A)
Insert after clause 3 (4):(4A) Despite subclause (4), if the Minister, in connection with the grant of an application to purchase land, imposes a restriction on use or public positive covenant in accordance with Part 4A of the Principal Act, the land remains vested in the Crown, or otherwise held on behalf of the Crown, until such time as the restriction on use or public positive covenant has been recorded on the relevant folio of the Register.
[11] Schedule 7A Purchase of perpetual leases—special arrangements
Omit Part 4.
[12] Schedule 7A, clause 9 Consultation and concurrence requirements in relation to certain leases
Insert “in accordance with Part 4A of the Principal Act” after “covenants” in clause 9 (1) (b).
[13] Schedule 7A, clause 9 (2)
Omit the subclause. Insert instead:(2) If, in relation to the purchase of land comprised in a lease to which this Schedule applies, a covenant preventing or restricting subdivision is imposed by the Minister in accordance with section 77B of the Principal Act, the Minister is required to obtain the concurrence of each relevant Minister before:(a) consenting to the subdivision of the land, or(b) releasing, varying, rescinding or revoking any such covenant, or(c) granting concurrence under section 28 (4) of the Environmental Planning and Assessment Act 1979 in relation to a provision of an environmental planning instrument that affects the operation of any such covenant.
Insert after clause 9:10 Concurrence requirements in relation to national parks, wilderness areas and other prescribed land
(1) This clause applies to any lease to which this Schedule applies that:(a) adjoins or abuts, or is within 100 metres of, land reserved or dedicated under the National Parks and Wildlife Act 1974, or(b) is within, or comprises or contains, or is part of, or adjoins or abuts, or is within 100 metres of:(i) a wilderness area within the meaning of the Wilderness Act 1987, or(ii) land that is for the time being identified as wilderness under that Act, or(c) comprises or contains land prescribed by the regulations.(2) In relation to land comprised in a lease to which this clause applies, the Minister is required to obtain the concurrence of each relevant Minister (as referred to in clause 9) before:(a) releasing, varying, rescinding or revoking a covenant that has been imposed on the land, or(b) approving any act, matter or thing that would, but for the approval, contravene any such covenant, or(c) granting concurrence under section 28 (4) of the Environmental Planning and Assessment Act 1979 in relation to a provision of an environmental planning instrument that affects the operation of a covenant that has been imposed on the land.(3) In this clause:covenant means a restriction on use or public positive covenant imposed in accordance with Part 4A of the Principal Act.
[15] Schedule 8 Savings and transitional provisions
Insert at the end of clause 1 (1):
[16] Schedule 8, Part 4, clause 9
Omit the clause. Insert instead:9 Application of changes to purchase and instalment provisions
(1) Schedule 7A, as inserted by the amending Act, extends to an application to purchase that was made, but not approved by the Minister, before 1 July 2004.(2) Part 1B of this Act, as inserted by the amending Act, extends to an incomplete purchase that had effect immediately before 1 July 2004.(3) This clause, as substituted by the Crown Lands Legislation Amendment Act 2005, is taken to have commenced on 1 July 2004.
Omit the clause.
Insert after Part 4:Part 5 Provisions consequent on enactment of Crown Lands Legislation Amendment Act 2005
In this Part:amending Act means the Crown Lands Legislation Amendment Act 2005.
15 Determination or redetermination of rents
The amendments made to clause 12 of Schedule 5 by the amending Act apply in relation to determinations or redeterminations of rent by the Minister whether before or after the commencement of those amendments.16 Applications to purchase land held under lease
The amendments made to Schedules 7 and 7A by the amending Act extend to applications to purchase land that were made, but not approved by the Minister, before the commencement of those amendments.