Part 4 Sale, lease etc of Crown land
34 Powers of Minister in relation to Crown land
(1) The Minister may, in such manner and subject to such terms and conditions as the Minister determines:(a) sell, lease, exchange or otherwise dispose of or deal with Crown land, or(b) grant easements or rights-of-way over, or licences or permits in respect of, Crown land,on behalf of the Crown.(2) (Repealed)(3) The Minister may not, under subsection (1):(a) sell or exchange Crown land,(b) lease Crown land for a term exceeding 5 years, or(c) lease Crown land for a term that, by the exercise of an option, could exceed 5 years,unless the relevant date for the sale, exchange or lease is at least 14 days after notice of intention to sell, exchange or lease the land has been published in a newspaper circulating in the locality in which the land is situated or in a newspaper circulating generally in the State.(4) For the purposes of subsection (3) the relevant date:(a) for a sale or exchange by private treaty is the date on which the Minister enters into a contract to sell or exchange the land,(b) for a sale by auction is the date of the auction,(c) for a sale by tender is the closing date for tenders,(d) for a sale by ballot is the closing date for nominations for the ballot, and(e) for a lease is the date on which the lease is granted.(5) If, under subsection (1), Crown land:(a) is offered for sale by auction and is not sold at the auction,(b) is offered for sale by tender and no tender is received or accepted, or(c) is offered for sale by ballot and no nomination of the ballot is received or accepted,subsection (3) does not apply to a sale of the land by private treaty.(6) This section does not authorise the sale of Crown land which is reserved for a public purpose.(7) Crown land the subject of a special purpose lease within the meaning of Division 3A may be leased under this section, but only if the granting of a lease under this section is authorised by, and complies with, the terms of the special purpose lease.
34A Special provisions relating to Minister’s powers over Crown reserves
(1) Despite any other provision of this Act, the Minister may grant a lease, licence or permit in respect of, or an easement or right-of-way over, a Crown reserve for the purposes of any facility or infrastructure or for any other purpose the Minister thinks fit. Any such lease, licence, permit, easement or right-of-way is referred to in this section as a relevant interest.(2) The following provisions apply in relation to the granting of a relevant interest:(a) the Minister is to consult the following persons or bodies before granting the relevant interest:(i) the person or body managing the affairs of the reserve trust (if any) appointed under Part 5 as trustee of the Crown reserve that is the subject of the relevant interest,(ii) if the Crown reserve is being used or occupied by, or is being administered by, a government agency—the Minister to whom that agency is responsible,(b) if the Crown reserve is to be used or occupied under the relevant interest for any purpose other than the declared purpose (as defined in section 112A) of the reserve—the Minister is to specify, by notice published in the Gazette, the purposes for which the Crown reserve is to be used or occupied under the relevant interest,(c) the Minister is not to grant the relevant interest unless the Minister:(i) is satisfied that it is in the public interest to grant the instrument, and(ii) has had due regard to the principles of Crown land management.(3) Failure to comply with subsection (2) (a) does not affect the validity of the relevant interest concerned.(4) The proceeds from a relevant interest are to be applied as directed by the Minister.(5) Without limiting subsection (4), any such direction by the Minister may include any of the following:(a) a direction that the proceeds (or part of the proceeds) be paid to the Consolidated Fund or to the Public Reserves Management Fund constituted under the Public Reserves Management Fund Act 1987,(b) in the case of a relevant interest granted in respect of a Crown reserve for which a reserve trust has been appointed as trustee under Part 5—a direction that the proceeds (or part of the proceeds) be paid to the reserve trust or to another reserve trust,(c) in the case of a relevant interest granted in respect of a travelling stock reserve under the care, control and management of a livestock health and pest authority—a direction that the proceeds (or part of the proceeds) be paid to that livestock health and pest authority,(d) in the case of a Crown reserve referred to in subsection (2) (a) (ii)—a direction that the proceeds (or part of the proceeds) be paid to the relevant government agency.(6) The provisions of:(a) Divisions 3 and 3A apply in relation to a lease granted under this section, and(b) Division 4 apply in relation to a licence granted under this section, and(c) Division 5 apply in relation to an easement granted under this section as though the easement was granted or created under that Division, and(d) Division 6 apply in relation to a permit granted under this section as though the permit was granted under that Division.Accordingly, in relation to the granting of a relevant instrument, a reference in Divisions 3–6 to Crown land includes a reference to a Crown reserve.
(6A) Nothing in this section affects the operation of section 35.(7) In this section:Crown reserve means land that is, or is part of, a reserve within the meaning of Part 5, and includes:
(a) land within a travelling stock reserve, or(b) land within any other reserves for public purposes under the control of trustees or other authorities.(8) For the avoidance of any doubt, the power of the Minister to grant a relevant interest in respect of a Crown reserve under this section includes the power to enter into an agreement for such a relevant interest.(9) A Crown reserve the subject of a special purpose lease within the meaning of Division 3A may be leased under this section, but only if the granting of a lease under this section is authorised by, and complies with, the terms of the special purpose lease.
(1) The powers of the Minister under this Part may not be exercised in respect of Crown land unless the Minister is satisfied that the land has been assessed under Part 3.(2) Subsection (1) does not apply if:(a) the Minister is satisfied that it is in the public interest to exercise the powers without assessing the land under Part 3 and the Minister, in exercising the powers, has had due regard to the principles of Crown land management, or(b) the powers are to be exercised in respect of the grant of:(i) an enclosure permit, or(ii) a licence which does not authorise the erection of a structure other than fencing or the removal of material.
Division 2 Sales of Crown land
36 Conditions that may be included in contracts of sale
(1) The Minister may include in a contract of sale of Crown land, or impose in connection with the grant of an application to purchase land that is the subject of a holding within the meaning of the Crown Lands (Continued Tenures) Act 1989, such conditions as the Minister determines including, but without being limited to:(a) a condition for or with respect to the erection of a building on the land by the purchaser within a specified period,(b) a condition for or with respect to an option or right for the Minister to repurchase the land on behalf of the Crown, or(c) both of the conditions referred to in paragraphs (a) and (b).(2) Without affecting the generality of subsection (1), conditions relating to the option or right of repurchase may:(a) confer the option or right if the purchaser has failed to comply with a condition,(b) confer the option or right if the purchaser wishes to sell or otherwise dispose of the land before the expiration of a specified period,(c) require the purchaser to pay to the Minister an amount determined in a specified manner if the Minister does not exercise the option or right, and(d) provide for the determination of the repurchase price.(3) A condition included in a contract of sale of land does not merge in the transfer of title to the land on completion of the sale.(4) The Registrar-General shall, at the request of the Minister, make in the Register a recording to signify:(a) that land specified in the request is held subject to a condition, or(b) that such a recording has ceased to have effect.(5) The Minister shall not make a request under subsection (4) (a) except for the purpose of ensuring compliance with the conditions in the contract of sale under which the land was sold, but the Registrar-General is not concerned to inquire whether any such request has been made for the purpose.
37 Imposition of conditions on sale of certain land
(1) In this section, a reference to a purchaser, in relation to land, is a reference to a purchaser of the land from the Crown.(2) The Registrar-General shall, at the request of the Minister, make a recording in the Register to signify:(a) that Crown land specified in the request, being land of which the State of New South Wales is then the registered proprietor, is, on a sale to a purchaser, to be held subject to conditions specified or referred to in the request, or(b) that such a recording has ceased to have effect.(3) The conditions may include any conditions the Minister is authorised by section 36 to include in a contract for the sale of land.(4) If a recording under subsection (2) (a) has been made in respect of any land (being a recording that has not ceased to have effect) and the Minister subsequently enters into a contract for the sale of the land, each condition to which the recording relates has effect as a condition of the contract for the sale of the land.(5) A condition which has effect as a condition of a contract of sale of land does not merge in the transfer of title to the land on completion of the sale.
38 Restrictions on transfer of certain land
The Registrar-General shall, at the request of the Minister, make a recording in the Register to signify:(a) that Crown land specified in the request, being land of which the State of New South Wales is then the registered proprietor, is held subject to the restriction that, unless a specified condition has been complied with, the land may not be transferred without the consent of the Minister, or(b) that such a recording has ceased to have effect.
39 Effect of recording in Register
If a recording under section 36 (4) (a), 37 (2) (a) or 38 (a) has been made in respect of any land, the Registrar-General may not register under the Real Property Act 1900 a transfer of the land to or by a person other than the Minister if:(a) the recording still has effect in respect of the land, and(b) the consent of the Minister to the transfer has not been given.Note. Section 183A applies in relation to a condition that is subject to a recording referred to in this section.
40 Securing payment by way of mortgage etc
The Ministerial Corporation may on behalf of the Crown take a mortgage from a purchaser of land from the Crown in respect of any part of the purchase price of the land or other money due to the Crown.
Division 3 Leases of Crown land
The term of a lease of Crown land (including any option for the grant of a further term) granted by the Minister is not to exceed 100 years.
42 Certain dealings to be leases
A disposition of Crown land by the Minister on behalf of the Crown, expressed to be a lease, is a lease even if exclusive possession of the land is not conferred on any person.
43 Application of Conveyancing Act 1919
The Minister may, in granting a lease of Crown land, include in the lease a condition excluding the operation of any specified provisions of the Conveyancing Act 1919 in respect of the lease.
(1) The Registrar-General shall, at the request of the Minister, make a recording in the Register to signify:(a) that a lease specified in the request is held subject to the restriction that the lease may not be:(i) transferred or sub-leased, or(ii) dealt with in any other specified manner,without the consent of the Minister, or(b) that such a recording has ceased to have effect.(2) If a recording under subsection (1) has been made in respect of a lease, the Registrar-General may not register under the Real Property Act 1900 any dealing referred to in the recording if:(a) the recording still has effect in respect of the lease, and(b) the consent of the Minister to the dealing has not been given.
(1) The holder of a lease (whether granted under this Act or the Crown Lands (Continued Tenures) Act 1989) may grant a sublease to enable the carrying out of a filming project, but only with the consent of the Minister and on such terms and conditions as the Minister determines.(2) Subsection (1) does not require the consent of the Minister if the terms of the lease permit the grant of a sublease without the Minister’s consent and use of the land for the purpose of a filming project is authorised by the lease or is generally consistent with the purposes for which the land may be used under the lease.(3) Consent may be given to the grant of a sublease under subsection (1) that will enable the carrying out of a filming project, and the sublease may be granted, despite any provision to the contrary in the lease.
Division 3A Development districts and special purpose leases
In this Division:designated purpose, in relation to a development district, means a purpose designated for the district under section 44B as a purpose for which a special purpose lease may be granted over land in that district.
development has the same meaning as in the Environmental Planning and Assessment Act 1979.
development district means land the subject of a declaration under section 44B.
general purpose lease means any lease, other than a special purpose lease, granted under this Act or under the Crown Lands (Continued Tenures) Act 1989, and includes an incomplete purchase under the Crown Lands (Continued Tenures) Act 1989.
significant improvement means any substantial building, dam, reservoir, contour bank, graded bank, levee, water disposal area, tree plantation, soil conservation work or other valuable work or structure.
special purpose lease means a lease granted under section 44C.
(1) The Minister may, by notification in the Gazette, declare any land within the Western Division or the Eastern and Central Division to be a development district for the purposes of this Division.(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.(3) A purpose may not be designated under subsection (2) unless it is an approved purpose.(4) The following purposes are approved for the purposes of subsection (3):(a) the construction and operation of facilities for the harnessing of energy from any source (including the sun or wind) and its conversion into electrical energy,(b) such other purposes as may be approved by proclamation on the recommendation of the Minister.(5) A recommendation for such a proclamation may not be made unless the Minister has consulted with the Minister administering the Environmental Planning and Assessment Act 1979 as to the terms of the recommendation, but a proclamation is not invalid merely because this requirement is not complied with.(6) The Minister may, by notification in the Gazette, alter the boundaries of, or abolish, any development district or, subject to subsections (3) and (4), vary the designated purposes for the district.(7) A special purpose lease is not affected merely because the whole or any part of the land over which it is granted ceases to be in a development district as a result of a notification referred to in subsection (6).
44C Minister may grant special purpose leases
(1) The Minister may, in accordance with section 34 or 34A, 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.(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 Mining Act 1992, or(b) a production lease under the Petroleum (Onshore) Act 1991,except with the consent of the Minister administering the Act concerned.(3) The maximum term for which a lease may be granted under this section (including the period of any option to renew) is 100 years.(4) Crown land that is the subject of a general purpose lease may be leased under this section, but only with the written consent of the lessee under the general purpose lease.(5) A written consent given for the purposes of subsection (4) by the lessee under a general purpose lease is irrevocable and binds each successor in title to the land the subject of that lease.
44D Provisions applicable to general purpose lease over land subject to special purpose lease
(1) The following provisions apply to a general purpose lease over land the subject of a special purpose lease, regardless of the order in which those leases were granted:(a) the general purpose lease (not being an incomplete purchase under the Crown Lands (Continued Tenures) Act 1989) 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 general purpose lease is taken to include a condition prohibiting the lessee under that lease from doing anything that has the effect of restricting or impeding the lessee under the special purpose lease from exercising the rights conferred by that lease,(c) the general purpose lease is taken to include a further condition prohibiting the lessee under that lease from carrying out development for the purposes of any dwelling-house, garden or significant improvement on any land to which both leases apply except with the written consent of the lessee under the special purpose lease.(2) Any sublease of a general purpose lease is taken to include the conditions that, pursuant to this section, are taken to be included in the general purpose lease.(3) This section applies to a general purpose lease, and any sublease of that lease, only for so long as the land over which it is granted remains subject to a special purpose lease.
44E Provisions applicable to special purpose lease over land subject to general purpose lease
(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 44D (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.(3) The provisions of subsection (1) (b) (i) and (ii) do not prevent the lessee under the special purpose lease from travelling along any road or track that is within 200 metres or 50 metres, respectively, of a dwelling-house or garden referred to in those subparagraphs.(4) A special purpose lease over land the subject of a general purpose lease may include conditions agreed to between each of the lessees under those leases.(5) Any sublease of a special purpose lease is taken to include the conditions that, pursuant to this section, are included, or taken to be included, in the special purpose lease.(6) Any condition of the kind referred to in subsection (4):(a) that is included in a special purpose lease over land the subject of a general purpose lease, or(b) that, pursuant to subsection (5), is taken to be included in a sublease of a special purpose lease over land the subject of a general purpose lease,is enforceable, as between the lessees and sublessees for the time being under those leases, as if it were contained in a deed entered into between them.(7) This section applies to a special purpose lease, and any sublease of that lease, only for so long as the land over which it is granted remains subject to a general purpose lease.
(1) Without limiting section 34A, a licence may authorise the use or occupation of Crown land for such purposes as the Minister thinks fit.(2) A licence may be granted for such term as the Minister thinks fit.(3) Subject to section 49, the Minister may grant a licence for any purpose over Crown land that is the subject of a lease granted under this Part or the Crown Lands (Continued Tenures) Act 1989, but only with the consent of the lessee.(4) Subject to section 49, the holder of a lease referred to in subsection (3) may grant a licence over Crown land the subject of the lease to enable the carrying out of a filming project, but only with the consent of the Minister and on such terms and conditions as the Minister determines.(5) Subsection (4) does not require the consent of the Minister if the terms of the lease permit the grant of a licence without the Minister’s consent and use of the land for the purpose of a filming project is authorised by the lease or is generally consistent with the purposes for which the land may be used under the lease.(6) Consent may be given to the grant of a licence under subsection (4) that will enable the carrying out of a filming project, and the licence may be granted, despite any provision to the contrary in the lease.Note. This subsection also applies to licences in respect of Crown reserves. See section 34A (6) (b).
46 Certain dealings to be licences
A disposition of Crown land by the Minister on behalf of the Crown, expressed to be a licence, is a licence even if exclusive possession of the land is conferred on a person.
(1) A licence (other than a licence granted under section 45 (4) by the holder of a lease) is revocable at will by the Minister or on such notice as may be specified in the licence.(2) Compensation is not payable on the revocation of a licence even if the licence is revoked before the expiration of its term.
48 Restrictions on transfer of licences
(1) A licence may be transferred only if:(a) the conditions of the licence permit the licence to be transferred, and(b) the licence specifies a parcel of land that benefits from the licence (the benefited land), and(c) the licence is transferred to the owner or holder of the benefited land.(2) If the licence is, at any time, held by a person who is not the owner or holder of the benefited land, the Minister may revoke the licence without notice. Compensation is not payable on the revocation of the licence.(3) This section does not apply in relation to a licence authorising the use or occupation of Crown land for the purposes of constructing, operating or maintaining telecommunications infrastructure.
(1) The holder of a licence may, with the consent of the Minister, grant a sublicence but only if the conditions of the licence permit the granting of the sublicence.(2) A sublicence is subject to such conditions as the Minister thinks fit to impose.(3) A sublicence is not transferable.(4) Subsection (1) does not prevent the grant, with the consent of the Minister, of a sublicence that will enable the carrying out of a filming project.
49 Licences for removal of certain minerals
(1) A licence to remove gravel, sand, stone, shells or other substances, being minerals within the meaning of the Mining Act 1992 or the Offshore Minerals Act 1999, may not be granted except with the approval of the Minister administering the Act concerned.(2) The Minister administering the Mining Act 1992 or the Minister administering the Offshore Minerals Act 1999, as the case requires may waive compliance with the requirements of this section in such circumstances or cases, and to such extent, as the Minister thinks fit.(3) A licence to remove gravel, sand, loam, stone, clay, shells or other prescribed material (not being minerals within the meaning of the Mining Act 1992 or the Offshore Minerals Act 1999) may be granted over Crown land even if it is held under a lease granted under this Act or referred to in the Crown Lands (Continued Tenures) Act 1989.
(1) A licence may be granted subject to the payment of such rent, royalty, fees or other amount as the Minister may determine in respect of the licence.(2) The conditions attached to a licence may include such provisions for the determination or redetermination of any rent, royalty, fee or other amounts as the Minister thinks fit.
In this Division:easement includes an easement without a dominant tenement referred to in section 88A of the Conveyancing Act 1919.
holder, in relation to:
(a) any prescribed land (other than land referred to in paragraph (b)), means the person who is registered in an official record as the holder of the land and, if the person appears to be a mortgagee, includes the person who, according to that record, appears to be the mortgagor, and(b) any prescribed land which has been brought under the provisions of the Real Property Act 1900 (other than land of which The State of New South Wales is the registered proprietor) means any person recorded in the folio of the Register relating to the land as the holder of a lease from the Crown over the land or as a mortgagee of such a lease.prescribed land means Crown land or land dedicated for a public purpose, except:
(a) land subject to the provisions of the Real Property Act 1900 (other than land of which The State of New South Wales is the registered proprietor),(b) land comprised in a lease in perpetuity, and(c) (Repealed)
(1) The Minister may:(a) if prescribed land is subject to the provisions of the Real Property Act 1900—create an easement over the land in the way provided in that Act or in section 88B of the Conveyancing Act 1919, and(b) if prescribed land is not subject to the provisions of the Real Property Act 1900—create an easement over the land:(i) in the way provided in section 88B of the Conveyancing Act 1919, or(ii) by notification in the Gazette.(2) The Minister may create the easement on such terms, and subject to such conditions as the Minister thinks fit, including terms and conditions relating to the payment of compensation to the Crown.(3) The benefit of an easement created under this section may be annexed to land even if, at the time the easement is created, the land is vested in the Crown.(4) An easement created under this section is not extinguished because the land having the benefit of the easement or the burden of the easement becomes, or both become, vested in the Crown.(5) Sections 88A and 181A of the Conveyancing Act 1919 apply to a notification or instrument purporting to create an easement under this section.(6) Section 89 of the Conveyancing Act 1919 applies to an easement created under this section.
(1) Where an easement benefiting any Crown land or other land vested in the Crown has been created in respect of the land, the Minister may, at any time:(a) if the land is subject to the provisions of the Real Property Act 1900—release, in accordance with that Act, the easement benefiting the land, or(b) if the land is not subject to the provisions of the Real Property Act 1900—release the easement benefiting the land by notification in the Gazette.(2) Nothing in this Division affects any right of any other person to release an easement created under this Division.
54 Effective date of creation or release of easements
The creation or release of an easement by notification in the Gazette under this Division takes effect on the date of publication of the notification or on a later date specified in the notification.
55 Consent of holders required
(1) The Minister shall not create or release an easement under this Division unless the Minister is satisfied:(a) in the case of the creation of an easement over prescribed land—that the holder (if any) for the time being of the land has consented to the creation of the easement, or(b) in the case of the release of an easement over prescribed land—that the holder (if any) for the time being of the land having the benefit of the easement has consented to the release of the easement.(2) If the Minister purports to create or release an easement under this Division, it shall be conclusively presumed that this section has been complied with in relation to the creation or release.
56 Creation of easements for public access
(1) There shall be an easement called an easement for public access.(2) An easement for public access may be created for the benefit of the Crown without a dominant tenement.(3) An easement for public access may be created:(a) over Crown land proposed to be sold under this Act—by the Minister at any time before the sale,(a1) over land dedicated under this Act for a public purpose—by the Minister,(a2) over Crown land authorised to be sold or transferred by the Minister under any other Act—by the Minister at any time before the sale or transfer,(b) over land held under lease from the Crown—by the Minister with the consent of the lessee, or(c) over freehold land—by the owner.(4) An easement for public access may be created:(a) if the land is subject to the provisions of the Real Property Act 1900—in the way provided in that Act or in section 88B of the Conveyancing Act 1919, or(b) if the land is not subject to the provisions of the Real Property Act 1900—in the way provided in section 88B of the Conveyancing Act 1919.(5) An easement for public access may be defined by reference to a natural or physical feature as it exists from time to time.
57 Rights of public to use easements for public access
(1) An easement for public access confers on the public a right to enter the subject land and to carry on any activity other than a prescribed activity.(2) A person shall not carry on a prescribed activity on land the subject of an easement for public access.Maximum penalty—subsection (2): 5 penalty units.
58 Rights of owners or lessees of affected land
(1) An owner or lessee whose land is affected by an easement for public access:(a) may erect a fence or gate on the land the subject of the easement if it does not unduly hinder public entry to the land, and(b) may not erect any structure, other than a fence or gate or a structure of a prescribed type, on the land the subject of the easement without the written consent of the Minister.(2) Section 158 (removal of unauthorised structures) applies in respect of structures erected on land the subject of an easement for public access in the same way as it applies in respect of structures erected on public land.(3) An owner or lessee who suffers damage caused by a person using an easement for public access contrary to this Act or the regulations may recover damages from the person.(4) In this section:structure includes any ditch, canal or other excavation.
59 Recording of particulars in the Register
If an easement is created or released under this Division in respect of land subject to the provisions of the Real Property Act 1900, the Registrar-General may record such particulars of the creation or release 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 or release of the easement.
Division 5A Carbon sequestration and related forestry rights
In this Division:carbon sequestration right and forestry right have the same meanings as in section 87A of the Conveyancing Act 1919.
Note. A forestry right is defined in section 87A of the Conveyancing Act 1919 to include a carbon sequestration right in relation to land (carbon sequestration being the process by which a tree or forest absorbs carbon dioxide from the atmosphere). This Division applies to a forestry right only to the extent that it consists in whole or in part of a carbon sequestration right.A forestry right is, for all purposes, taken to be a profit à prendre (see section 88AB of the Conveyancing Act 1919).
Crown land includes any land dedicated under this Act for a public purpose.
(1) This Division applies only in relation to the granting and creation of a forestry right to the extent that it consists in whole or in part of a carbon sequestration right.(2) Nothing in this Division limits the power of the Minister to otherwise deal with Crown land.
59C Granting and creation of carbon sequestration and related forestry rights
(1) The Minister may, on such terms and conditions as the Minister determines, grant a forestry right in respect of Crown land.(2) In the case of a Crown reserve, the provisions of section 34A apply to and in respect of the granting by the Minister of a forestry right in respect of the reserve as if the forestry right were a relevant interest as referred to in that section.(3) In the case of Crown land that is the subject of a perpetual lease, 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.(4) The lessee of any land that is the subject of a perpetual lease may, with the consent of the Minister under subsection (3), grant a forestry right in respect of the land on such terms and conditions as the Minister determines.(5) A forestry right referred to in this section:(a) is, in the case of land that is subject to the provisions of the Real Property Act 1900, created in the way provided in that Act or in section 88B of the Conveyancing Act 1919, or(b) is, in the case of land that is not subject to the provisions of the Real Property Act 1900, created:(i) in the way provided in section 88B of the Conveyancing Act 1919, or(ii) if the Minister so consents, by instrument registered in the General Register of Deeds, or(iii) by notification in the Gazette (except in the case of a forestry right granted by a perpetual lessee).(6) Without limiting the terms and conditions that may be determined by the Minister under this section, any such terms and conditions may restrict any dealings in the forestry right concerned.(7) The Minister may not grant a forestry right in respect of Crown land unless the Minister is satisfied that any lessee of the land has consented to the forestry right being granted.(8) Before granting a forestry right in respect of Crown land that is Crown-timber land within the meaning of the Forestry Act 2012 (or before consenting to the granting of any such forestry right), the Minister must consult the Minister administering the Forestry Act 2012.Note. In the case of Crown-timber land that is a State forest or timber reserve, it is the Forestry Corporation that may grant a forestry right in respect of the land.(9) Without limiting the operation of Division 4 of Part 6 of the Conveyancing Act 1919, restrictions on the use of land and covenants may, in accordance with that Division, be imposed on Crown land that is the subject of a forestry right granted under this section.
Division 6 Enclosure of roads and watercourses
In this Division:enclosure permit means a permit to enclose a road or watercourse or part of a road or watercourse.
land includes land comprised in a holding (other than a permissive occupancy under the Crown Lands (Continued Tenures) Act 1989 or a licence under this Act) and freehold land.
road means a road vested in the Crown and any other land vested in the Crown and indicated on official maps or plans as being reserved for a road or defined or left as a road:
(a) in a subdivision of Crown land,(b) in the measurement or granting of Crown land, or(c) as a consequence of an approval by the Minister.
61 Enclosure of roads or watercourses on application
(1) The Minister may, on application being made by a holder of land, grant to the holder a permit to enclose wholly or in part any road or watercourse by which the land is traversed or bounded, subject to payment of such annual rent as may be determined by the Minister.(2) An enclosure permit may be granted subject to:(a) conditions relating to the payment of rent,(b) conditions requiring the erection of gates or the provision of some other means of access or both (so as not to interfere unnecessarily with any traffic), and(c) such other conditions as the Minister determines.
62 Enclosure of additional roads or watercourses
(1) An enclosure permit, and the conditions to which the permit is subject, may be varied by the Minister if the holder desires to enclose, or has enclosed, any additional road or watercourse.(2) On making a variation, the Minister shall determine the annual rent payable in respect of the additional road or watercourse.
63 Unauthorised enclosure of roads or watercourses
(1) A holder of land is liable to pay an annual rent determined by the Minister for a road or watercourse by which the land is traversed or bounded if:(a) the road or watercourse is enclosed as if it were part of the land held, and(b) the enclosure was effected (whether before or after the commencement of this section) without the permission of the Minister.(2) If the road or watercourse is additional to any road or watercourse the subject of an enclosure permit granted in respect of the same land, the Minister may determine the annual rent payable in respect of the additional road or watercourse.(3) A determination of rent under this section in respect of a road or watercourse has effect as an enclosure permit granted to the holder of the land.(4) The Minister may impose conditions in respect of a road or watercourse enclosed as referred to in this section in the same way as the Minister may impose conditions in respect of a road or watercourse enclosed on the application of a holder.(5) This section does not affect the Minister’s power to take action under section 158 (removal of unauthorised structures) in respect of any enclosure of a road or watercourse or any structure on a road or watercourse.
64 Transfer of land with which enclosure permit held
(1) If an enclosure permit has been granted to a holder of land in respect of a road or watercourse and the land is subsequently transferred:(a) the permit remains in force, and(b) the holder for the time being of the land is liable for payment of rent (including arrears of rent and interest) in respect of the enclosure.(2) The transferee shall, in the prescribed manner and within the prescribed time, notify the Department of the date of the transfer and the transferee’s name and address.Maximum penalty—subsection (2): 5 penalty units.
65 Subdivision of land with which road or watercourse is enclosed
(1) This section applies where:(a) an enclosure permit has been granted to a holder of land in respect of a road or watercourse, and(b) the land is subsequently subdivided and transferred in such a way that parts of the road or watercourse traverse or bound parts of the land held by different holders.(2) If this section applies:(a) an enclosure permit shall be taken to have been granted to each different holder in respect of the parts of the road or watercourse,(b) the holder of each enclosure permit shall pay rent at the same rate per hectare as applied to the original enclosure permit before the subdivision (subject to any prescribed minimum rent), and(c) the Minister may impose conditions in respect of each enclosure permit in the same way as the Minister may impose conditions in respect of a road or watercourse enclosed on the application of a holder.
66 Cancellation of enclosure permit etc
(1) The Minister may:(a) cancel an enclosure permit or direct that section 63 does not apply to an enclosure, or both, and(b) order any fence, gate or other structure on any road or watercourse to be removed by the former holder of the enclosure permit within a stated period.(2) A person to whom an order under subsection (1) (b) is applicable shall, on being served with the order, comply with the order.Maximum penalty—subsection (2): 5 penalty units.
67 Cancellation or variation of enclosure permit on acquisition of adjacent land, closing of road etc
(1) An enclosure permit authorising the enclosure of a road or watercourse as if it were part of any land shall be cancelled or varied by the Minister on:(a) the acquisition by the Crown or any public authority of the land,(b) if the land is comprised in a holding—the determination or forfeiture of the holding,(c) the road being closed or being dedicated as a public road, or(d) the road or watercourse ceasing to be enclosed.(2) A cancellation or variation takes effect from such date, whether before or after the decision to cancel or vary, as may be determined by the Minister.(3) If a permit is varied, the rental shall be at the same rate per hectare as it was before the variation (subject to any prescribed minimum rent).(4) If a forfeiture of a holding is reversed, the Minister may also reverse any cancellation or variation of a permit to enclose a road or watercourse as if it were part of the holding.(5) A reversal of a cancellation or variation relates back to the date of the cancellation or variation.
(1) On application by the holder of 2 or more enclosure permits, the Minister may, subject to such conditions as the Minister considers necessary, authorise the amalgamation of the permits.(2) On the amalgamation of permits, the permits have effect as one permit for the purposes of this Division.(3) The annual rent in respect of amalgamated permits is:(a) the sum of the separate rents of the permits, or(b) if one or more of the permits is held at a minimum rent, such amount (not in excess of the sum of the separate rents of the permits) as the Minister may determine.
69 Application for direction to erect gates etc
(1) Any person may apply for a direction by a local land board under section 70.(2) The Minister, the applicant and any permit holder who may be affected by a direction is entitled to be heard or represented before the local land board hearing the application.
70 Minister or local land board may direct erection of gates etc
(1) After an enclosure permit has been granted, the Minister may, or a local land board on application may, direct:(a) that such gates or other means of access, or both, as the Minister or the local land board considers necessary be erected, provided, made or replaced so as not to interfere unnecessarily with any traffic on the road, or(b) that any fence, gate or other structure (or part of or thing attached to a fence, gate or other structure) by which the road or watercourse is enclosed be removed or replaced as specified in the direction.(2) Notice of the terms of a direction shall be served on the holder of the permit.(3) Unless it is sooner revoked:(a) a direction to which there is no objection takes effect as from the expiration of 28 days from the date of service of the notice, and(b) a direction to which there is an objection takes effect, or if varied takes effect as varied, as from the date of the Minister’s or board’s decision on the objection.(4) A person shall not fail to comply with an effective direction given to the person under this section.Maximum penalty—subsection (4): 5 penalty units.
71 Objections to Minister’s direction
(1) The holder of an enclosure permit may, within 28 days after service of a notice of a direction given by the Minister under section 70, lodge with the Minister a written objection to the direction.(2) The Minister shall refer any objection to a local land board for inquiry and report under section 22 (1).(3) The objector and any person nominated by the Minister are entitled to be heard or represented before the local land board inquiry.(4) The local land board shall make a recommendation to the Minister as to whether the direction should be confirmed, varied or revoked.(5) After considering the local land board’s recommendation, the Minister may either confirm, vary or revoke the direction.(6) An objection to a direction may not be lodged under this section if:(a) the matter has already been considered by a local land board,(b) the direction is in accordance with the local land board’s recommendation, and(c) prior notice of the local land board hearing was given to the holder of the permit.
72 Cultivation of enclosed roads
(1) The Minister may, in relation to an enclosure permit for a road:(a) dispense with any requirement to erect gates or provide other means of access in connection with the enclosure of the road, and(b) authorise, as a term of the permit, the cultivation of the land enclosed,for such period and on such conditions as the Minister may specify.(2) The Minister may give a dispensation and authority under subsection (1) only if satisfied that:(a) the provision of public access to the enclosed road is not justified during a particular period, and(b) suspension of public access to the road would facilitate the cultivation of adjoining land by the holder of the enclosure permit.(3) On the giving of a dispensation and authority the road is freed from any rights of the public or any person to the use of the road, as a road, for the duration of the dispensation and authority.(4) Conditions imposed under subsection (1) may include a condition requiring the holder to provide, to the satisfaction of the Minister and for the duration of the dispensation and authority, alternative public access through adjacent land of the holder.(5) The rights of the public or any person to use access provided under subsection (4) are the same as those applicable to the enclosed road to which the access is alternative.(6) The Minister may not exercise the powers under subsection (1) unless 21 days’ notice inviting objections to the proposal has been given in a local newspaper and the Minister has considered any objections received.(7) The Minister may cancel a dispensation and authority on being satisfied that the conditions have not been complied with or on giving 6 months’ (or such shorter period as may be prescribed) notice to the holder of the enclosure permit.(8) The Minister may, when a dispensation and authority are given or at any time while a dispensation and authority are in force, redetermine the rent of the enclosure permit.(9) An authority under this section to cultivate land does not authorise the carrying on of any activity prohibited under any other Act.
For the purposes of any law relating to dividing fences, the holder of a permit to enclose a road or watercourse shall be taken to be the owner or lessee, as the case may require, of the land enclosed.
If:(a) under this Division, the Minister directs a gate to be erected,(b) a gate is erected in accordance with the direction, and(c) the Minister has, in the direction, specified that the gate, when erected, is to be a public gate within the meaning of the Roads Act 1993,the gate is a public gate within the meaning of that Act.
Division 7 Vesting of land in councils
In this Division:area has the same meaning as it has in the Local Government Act 1993.
council has the same meaning as it has in the Local Government Act 1993.
prescribed land means land that is within a reserve or is Crown land not within a reserve and, in either case, is not:
(a) land reserved or dedicated under the National Parks and Wildlife Act 1974 or declared to be a protected archaeological area, a wildlife refuge or a wildlife management area under that Act, or(b) land in respect of which any Act (other than this Act) provides that the land is to be used for a purpose referred to in that other Act or is not to be used for any purpose other than a purpose referred to in that other Act.reserve has the same meaning as it has in Part 5.
76 Vesting of certain land in councils
(1) Subject to section 35 (which relates to assessment of land under Part 3), the Minister may, by notification in the Gazette, vest any prescribed land in a council for an estate in fee simple if the Minister is of the opinion that:(a) the land:(i) is a public reserve within the meaning of the Local Government Act 1993 or is suitable for use as such a public reserve, or(ii) is used, or is suitable for use, for any other purpose for which land may be acquired by a council under the Local Government Act 1993, and(b) it is proper that, having regard to the purpose (if any) for which the land is used, the land should be vested in the council.(2) Land shall not be vested under this section in a council unless:(a) the council agrees, and(b) the land is wholly within the area of the council.(3) The land vested may be limited to:(a) the surface of the land, or(b) the surface of the land and a stated depth below.(4) A notification under subsection (1) shall include a reservation of all minerals in the land and such other reservations and exceptions as the Minister considers to be expedient in the public interest.(5) A vesting of land under this section takes effect subject to the reservations and exceptions contained in the notification by which the vesting is effected.(6) The Minister may, in a notification under subsection (1), declare the vested land to be a public reserve for the purposes of the Local Government Act 1993.(7) If land comprising the whole of a reserve is vested in a council under this section and there were trustees of the reserve holding office immediately before the vesting, the provisions of section 125 (1) and (3), as modified by any agreement under subsection (8), have effect as if:(a) the reserve had been added under Part 5 to another reserve,(b) a reference in section 125 (3) to the former trustee were a reference to the trustees so holding office, and(c) a reference in section 125 (3) to the new trustee were a reference to the council.(8) Before a reserve referred to in subsection (7) is vested in a council under this section, the Minister and the council may agree to except specified assets, debts and liabilities from the operation of section 125 (3).(9) A notification under subsection (1) takes effect on and from the date of publication or a later date specified in the notification.
(1) On land being vested in a council by a notification under section 76:(a) the land shall be taken to have been acquired under the Local Government Act 1993 and to have been classified as community land under that Act,(b) any dedication or reservation is revoked to the extent to which it affects the land,(c) a provision for forfeiture or reverter in respect of any breach or non-performance of a condition, trust or proviso:(i) contained in a Crown grant, or(ii) contained or referred to in a folio of the Register created in respect of the land,shall be taken to have been released by the Crown to the extent to which it affects the land,(d) if a person was trustee of all or any part of the land immediately before the notification took effect, the person ceases to be such a trustee, and(e) any by-laws that, immediately before the notification took effect, applied to all or any of the land are repealed in so far as they applied to the land.(2) If, by the operation of section 125, a lease of, or a licence in respect of, land vested in a council under section 76 is taken to have been granted by the council, the lease or licence continues in force and shall be taken to have been granted:(a) if the council granted the lease or licence in its capacity as trustee of the reserve—by the council otherwise than in that capacity, or(b) in any other case—by the council,despite any condition of the lease or licence and despite section 109, any Act or any other law.(3) The revocation of a dedication or reservation in respect of any land under subsection (1) does not effect a revocation of a Crown grant or certificate of title issued, or a folio of the Register created, in respect of that land.