Division 1 Acquisition etc of land
134 Power of Minister to accept gifts of land
(1) The Minister may acquire any land by gift or devise and may agree to the conditions of the gift or devise.(2) The rule of law against remoteness of vesting does not apply to any condition to which the Minister has agreed.(3) Subject to subsection (5), land acquired under this section or, where the land is or is to be divided into separate parts, each part of the land shall:(a) be dedicated under section 80 or reserved under section 87, and(b) be subject to the provisions of this Act:(i) applicable to land dedicated under section 80 or reserved under section 87, as the case may be, or(ii) if the dedication or reservation of the land is revoked under this Act—applicable to land formerly dedicated under section 80 or formerly reserved under section 87, as the case may be.(4) For the purposes of subsection (3) (a), land, or a part of land, acquired under this section is Crown land.(5) Land acquired under this section may not be dealt with in breach of a condition to which the Minister has agreed.(6) If a condition to which the Minister has agreed so provides:(a) any part or parts of land acquired under this section may be used by any person in accordance with that condition to the exclusion or partial exclusion of the public, and(b) the rights and powers of the Minister or of any other person under this Act may not be exercised in respect of land acquired under this section or may not be exercised in respect of the land to the extent specified in the condition.(7) Despite anything in this or any other Act or any rule of law:(a) the Minister may transfer land acquired under this section, or grant a lease, permit, licence or easement of or in respect of the land, in accordance with a condition to which the Minister has agreed, and(b) the land may be transferred, or the lease, permit, licence or easement may be granted, without consideration, if the condition so provides, or for such consideration as is provided for in the condition.(8) If a condition of a gift or devise of land to which the Minister has agreed so provides, the Minister may pay the cost or part of the cost of the transfer of the land to the Minister and of any subsequent dealing with the land.(9) A condition of a gift or devise of land has no effect for the purposes of this section unless it is expressed in writing in the agreement under which, or the instrument by which, the land is given or devised.
135 Acquisition of land for public purpose
(1) The Minister may acquire land (including an interest in land), for any public purpose, by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.(2) For the purposes of the Public Works Act 1912, any such acquisition of land is taken to be for an authorised work and the Minister is, in relation to that authorised work, taken to be the Constructing Authority.(3) Sections 34, 35, 36 and 37 of the Public Works Act 1912 do not apply in respect of works constructed under this Act.
136 Withdrawal from lease or licence for public purposes
(1) The Minister may, by notification in the Gazette, withdraw from any lease or licence under this Act or the Crown Lands (Continued Tenures) Act 1989 any land required for a public purpose.(2) A withdrawal does not operate to extinguish any debt to the Crown relating to the land withdrawn, except to the extent to which the Minister directs.(3) The Minister may, by notification in the Gazette, revoke or modify any withdrawal.(4) Subject to the conditions attaching to, or the provisions applying to, a lease or licence, compensation is payable for land withdrawn under this section.(5) The provisions of the Land Acquisition (Just Terms Compensation) Act 1991 relating to the payment of compensation for land acquired by compulsory process apply, with such modifications as may be prescribed, to the payment of compensation under this section.(6) On the withdrawal of land from a lease or licence, the Minister may:(a) if the rent payable in respect of the lease or licence is subject to periodic redetermination—redetermine the rent and adjust (in proportion to the land withdrawn) any other money payable in respect of the lease or licence, or(b) if the rent is not subject to periodic redetermination—proportionately adjust:(i) the rent and any other money payable in respect of the lease or licence, and(ii) if the withdrawal is from a lease—any rent base for the lease.(7) If part of a rent base apportioned under subsection (6) to a lease is less than the minimum rent base, that part of the rent base is increased to the minimum rent base.(8) For the purposes of the Crown Lands (Continued Tenures) Act 1989, a part of a rent base apportioned under subsection (6) to a lease (or, if subsection (7) applies, the minimum rent base) is taken:(a) if section 4D of that Act applies in respect of the lease, to be the annual rent of the lease as at the last due date occurring before 1 July 2004, and(b) if clause 5 of Schedule 5 to that Act applies in respect of the lease, to be the annual rent of the lease as at the date of commencement of that clause.(9) The provisions of Division 3 relating to:(a) the redetermination of the rent of leases, and(b) objections and appeals against redeterminations of rent,apply to the redetermination of the rent of a lease under this section as if the conditions of the lease provided for the redetermination.(10) In this section:minimum rent base means, if Division 2A of Part 7 applies to the lease $350 or, if that Division does not apply in respect of the lease, $100.
(1) The holder of any land or of any lease from the Crown under this Act or the Crown Lands (Continued Tenures) Act 1989 may, with the consent of the Minister, surrender the whole or a part of the land or lease to the Crown.(2) A surrender does not operate to extinguish any debt to the Crown relating to the land or lease surrendered, except to the extent to which the Minister directs.(3) On surrender, the land or the land leased (to the extent to which it is not Crown land) becomes Crown land.(4) With the agreement of the lessee, the Minister may adjust the rent of a lease on surrender of part of the land leased.
138 Certain land may be declared to be Crown land
(1) If any land was or is, before or after the commencement of this section:(a) acquired by compulsory process for any public purpose and vested in a Minister of the Crown on behalf of the Crown by or under the authority of an Act,(b) acquired by or on behalf of the Crown by gift or otherwise, or(c) acquired by compulsory process and vested in a public authority, or otherwise acquired by or vested in a public authority, by or under the authority of an Act,the Minister may, by notification in the Gazette, declare the land to be Crown land.(2) The declaration may be limited to the surface of the land or to the surface and to such depth below the surface as is stated in the notification.(3) A declaration may not be made in respect of land vested in or acquired by or on behalf of a public authority without the consent of the public authority.(4) A declaration:(a) may contain provisions relating to the discontinuation or continuation of any interests affecting the land, and(b) has effect according to its tenor.(5) In this section:public authority means:
(a) the Water Administration Ministerial Corporation,(b) a council as defined in the Local Government Act 1993,(c) a livestock health and pest authority,(d) a reserve trust established under Part 5, or(e) a public body declared by the Minister, by order published in the Gazette, to be a public authority for the purposes of this section.
Division 1A Transfer or vesting of certain land to or in Crown
In this Division:institution has the same meaning as in the Trustees of Schools of Arts Enabling Act 1902.
private trust land means any land (other than public trust land) reserved, dedicated or granted under any Act or instrument, or otherwise held, for the purposes of an institution.
public trust land means any land reserved, dedicated or granted under any Act or instrument, or otherwise held, for the purposes of an institution and which:
(a) is Crown land (or land otherwise vested in the Crown), or(b) was Crown land (or land otherwise vested in the Crown) before being reserved, dedicated, granted or held for the purposes of an institution.trustees of private trust land or public trust land means the majority of the trustees for the time being of that land.
138B Transfer of private trust land to Crown by agreement with trustees
(1) The Minister and the trustees of private trust land may enter into an agreement for the land to be transferred to the Crown.(2) Any such agreement may specify a purpose for which the land is to be used after it is transferred to the Crown.(3) The trustees may enter into any such agreement to transfer private trust land, and the agreement has effect, despite the terms and provisions of any Act, deed, reservation, dedication, grant or other instrument relating to the land.(4) The Minister is to comply as far as practicable with the agreement.
138C Vesting of public trust land in Crown by agreement with trustees
(1) The Minister and the trustees of public trust land may enter into an agreement for the land to be vested in the Crown.(2) Any such agreement may specify a purpose for which the land is to be used after it is vested in the Crown.(3) The trustees may enter into any such agreement for the vesting of public trust land in the Crown, and the agreement has effect, despite the terms and provisions of any Act, deed, reservation, dedication, grant or other instrument relating to the land.(4) The Minister is to comply as far as practicable with the agreement.(5) If an agreement is entered into under this section, the Minister may, by notification in the Gazette, vest the land in the Crown.(6) If the notification specifies a public purpose for which the land is to be reserved (being a public purpose for the purposes of section 87), the land is, on publication of the notification, taken to be reserved under Part 5 for that purpose.
138D Revocation of reservation or dedication of public trust land
(1) The Minister may, by notification in the Gazette:(a) revoke the reservation or dedication of any public trust land, and(b) vest the land in the Crown.(2) If the notification specifies a public purpose for which the land is to be reserved (being a public purpose for the purposes of section 87), the land is, on publication of the notification, taken to be reserved under Part 5 for that purpose.
138E Consultation in relation to transfer or vesting of land
(1) The Minister may, before any private trust land is transferred to, or any public trust land is vested in, the Crown under this Division:(a) cause an advertisement of the proposed transfer or vesting to be published in a newspaper circulating in the area in which the land is situated, and(b) cause a notice of the proposed transfer or vesting to be placed in or on the land, and(c) refer the matter to a local land board for a report.(2) Any such advertisement or notice may invite submissions on the proposed transfer or vesting to be made to the Minister within such time as is specified in the advertisement or notice.(3) The Minister is to take into account any submissions received on the proposed transfer or vesting, and any local land board report on the matter, before deciding to proceed with the proposed transfer or vesting.
138F Effect of transfer or vesting of land
(1) Any land that is transferred to, or vested in, the Crown under this Division:(a) becomes Crown land, and(b) is freed and discharged from any trusts, estates, interests, reservations, dedications, conditions, restrictions and provisions affecting the land.(2) Subsection (1) (b) is subject to sections 138B (4) and 138C (4).(3) Any land that is vested in the Crown under this Division is vested without the need for any further conveyance, transfer, assignment, assurance or declaration.(4) If any land that is transferred to, or vested in, the Crown under this Division is reserved for a public purpose, the reservation does not operate to reserve the land for the purposes of an institution under the Trustees of Schools of Arts Enabling Act 1902.(5) On the transfer or vesting of any private trust land or public trust land to or in the Crown under this Division, the following provisions have effect:(a) any assets, rights or liabilities in relation to the land, or in relation to the trustees of the land in their capacity as trustees, become the assets, rights or liabilities of the Crown,(b) all proceedings relating to those assets, rights and liabilities that were commenced by or against the trustees before the transfer or vesting are taken to be proceedings pending by or against the Crown,(c) any act, matter or thing done or omitted to be done in relation to those assets, rights and liabilities by, to or in respect of the trustees before the transfer or vesting is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted to be done by, to or in respect of the Crown.(6) In this section:assets means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes securities, choses in action and documents.
liabilities means any liabilities, debts or obligations (whether present or future and whether vested or contingent).
rights means any rights, powers, privileges or immunities (whether present or future and whether vested or contingent).
138G Provisions relating to assessment of transferred or vested land
(1) Any private trust land or public trust land may be assessed under Part 3 before the land is transferred to, or vested in, the Crown under this Division even though the land is not Crown land at the time when the assessment is carried out.(2) An assessment under Part 3 is not required in relation to the reservation of any land transferred to or vested in the Crown under this Division if the Minister is satisfied that the public purpose (if any) for which the land is to be reserved is the same, or substantially the same, as the purpose for which the land was reserved, dedicated, granted or held, or otherwise used, before being transferred or vested under this Division.
Division 2 Alteration of conditions etc
139 Alteration of conditions or purposes and suspension etc of conditions
(1) On application by, or with the consent of, the holder, the Minister may direct that:(a) the conditions attaching to a holding or land, or(b) the purpose of a holding,be conditionally or unconditionally altered, modified, added to or revoked.(2) On application by the holder, the Minister may exempt (either permanently or temporarily and to such extent as may be specified) the holder from complying with a condition attaching to a holding or land.(3) An exemption may be conditional or unconditional.(4) If any such exemption, alteration, modification, addition or revocation is made, the Minister may redetermine the rent in respect of a holding for the remainder of the current rent redetermination period applicable to the holding.
(1) The Minister may direct that any covenant, condition, reservation or provision attaching or applying to a holding or land shall cease to attach or apply to the holding or land.(2) This section is subject to clauses 9 (2) and 10 (2) of Schedule 7A to the Crown Lands (Continued Tenures) Act 1989.
The Registrar-General shall make such recordings in the Register as are necessary to give effect to a direction under this Division of which the Registrar-General is notified.
(1) The annual rent of a holding or an enclosure permit is not in any case to be less than the minimum rent as at the date the rent is due and payable.(2) If the annual rent of a holding or an enclosure permit on a due date is less than the minimum rent as at that due date, the annual rent is increased to the minimum rent.(3) For the purpose of this Division, the minimum rent of a holding or an enclosure permit at each due date is determined in accordance with the following formula:
where:M represents the minimum rent.
B represents the minimum rent base.
C represents the Consumer Price Index number for the last quarter for which such a number was published before the due date for the rent.
D represents the Consumer Price Index number for the last quarter for which such a number was published before the rent base adjustment date.
(4) In this section:holding does not include an incomplete purchase under the Crown Lands (Continued Tenures) Act 1989.
minimum rent base means $350 or such higher amount as the regulations may from time to time prescribe.
rent base adjustment date means 1 July 2004 or, if the minimum rent base is prescribed by the regulations, the date prescribed by the regulations as the rent base adjustment date.
Note. For holdings and permits in force before 1 July 2004, the minimum rent provisions above are phased-in. See Part 4 of Schedule 8.
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(1) The operation of this Division in respect of the rent of a holding or enclosure permit is not a redetermination of the rent for the purposes of this Act or any of the Crown Lands Acts.(2) This Division has effect despite any condition to which a holding or enclosure permit is subject.
141D Division does not apply in respect of Western Division
(1) Subject to this section, this Division does not apply in respect of the following:(a) holdings situated in the Western Division,(b) enclosure permits in the Western Division granted under this Act.(2) The regulations may apply the provisions of this Division, with or without modification, in respect of holdings or enclosure permits referred to in subsection (1).(3) If the regulations apply the provisions of this Division in respect of holdings or enclosure permits referred to in subsection (1), the regulations may modify the application of section 136 or Division 2B in respect of the holdings or enclosure permits.
In this Division, a reference to a holding includes a reference to a Commonwealth lease.
Division 2B Minimum rent—Western Division
141F Minimum rent—Western Division
(1) Subject to this section, this Division applies in respect of the following:(a) holdings situated in the Western Division (except a lease the rent of which is not subject to redetermination),(b) enclosure permits in the Western Division granted under this Act.(2) The annual rent of a holding or an enclosure permit to which this Division applies is not in any case to be less than the amount prescribed by the regulations for the purposes of this section as at the date the rent is due and payable.(3) If the annual rent of a holding or an enclosure permit to which this Division applies is, on a due date, less than the amount prescribed as referred to in subsection (2), the annual rent is increased to that prescribed amount.(4) The application of this Division is subject to any regulations under Division 2A.(5) In this section:holding does not include an incomplete purchase under the Crown Lands (Continued Tenures) Act 1989.
Note. See clauses 4 and 5 of Schedule 5 to the Crown Lands (Continued Tenures) Act 1989 in relation to minimum rents for leases of land situated in the Western Division, if the rent is not subject to redetermination.
(1) The operation of this Division in respect of the rent of a holding or an enclosure permit is not a redetermination of the rent for the purposes of this Act or any of the Crown Lands Acts.(2) This Division has effect despite any condition to which a holding or an enclosure permit is subject.
Division 3 Determination of rent
142 Objections and appeals against determinations or redeterminations of rent
(1) This Division applies to:(a) a lease or licence the conditions of which provide for the redetermination of the rent by the Minister (unless those conditions provide that this section is not to apply to the lease or licence), and(a1) a redetermination of rent under Division 3A, and(b) a redetermination of the rent of a lease or licence under section 136 (6) (a), and(c) a determination or redetermination of rent under section 61, 62, 63 or 72 (enclosure permits).(2) The Minister shall give notice of a determination or redetermination of the rent of a lease, licence or enclosure permit to the holder.(3) The notice must indicate that the holder may object to the determined or redetermined rent.(4) The Minister shall consider any objection lodged and by written notice inform the objector:(a) whether the determined or redetermined rent is to stand or be varied, and(b) of the name of the tribunal to which, under subsection (5), the objector may appeal if dissatisfied with the Minister’s decision.(5) An appeal against the Minister’s decision lies:(a) to the local land board if the determined or redetermined annual rent does not exceed $10,000 or such greater amount as may be prescribed, or(b) in any other case, to the Land and Environment Court.(6) On such an appeal, the local land board or the Court may affirm the Minister’s determination or redetermination or substitute its own.(7) A redetermination of rent of a lease or licence takes effect in accordance with the conditions of the lease or licence even if an objection or an appeal has been lodged.(8) A determination or redetermination of rent by the Minister under section 61, 62, 63 or 72 (enclosure permits) takes effect from the date of the determination even if an objection or an appeal has been lodged.(8A) A redetermination of rent under Division 3A takes effect from the date of the redetermination even if an objection or appeal has been lodged.(9) On completion of the objection and appeal process, any necessary adjustments may be made.
143 Determination or redetermination of rent—principles
(1) In redetermining the rent of a lease or licence (the conditions of which provide for the redetermination of the rent) or determining or redetermining rent for the purposes of section 61, 62, 63 or 72 (enclosure permits), the Minister, the local land board and the Land and Environment Court shall apply the following principles:(a) the rent shall be the market rent for the land comprised in the lease, licence or enclosure permit having regard to any restrictions, conditions or terms to which it is subject,(b) any improvements on the land which were made by the holder, or are owned or in the course of being purchased from the Crown by the holder, shall be disregarded,(c) regard may be had to any additional value which, because of the lease, licence or enclosure permit, has accrued, or may reasonably be expected to accrue, to other land held by the holder,(d) regard may be had to the duration of the time for which the rent determined will be payable.(2) Despite subsection (1), if the Independent Pricing and Regulatory Tribunal makes a recommendation in relation to the rent of any such lease, licence or enclosure permit (or class of any such lease, licence or enclosure permit), the Minister may:(a) in redetermining the rent of any lease or licence that is the subject of the recommendation, or(b) in determining or redetermining the rent of any enclosure permit that is the subject of the recommendation,apply the recommendation.(3) If the recommendation of the Independent Pricing and Regulatory Tribunal is applied by the Minister in determining or redetermining the rent concerned, the local land board and the Land and Environment Court are, despite subsection (1), to apply the recommendation in determining any appeal against the Minister’s decision.(4) This section also applies in relation to the redetermination under Division 3A of the rent of a licence or enclosure permit.
Division 3A Redetermination and adjustment of rents for licences and enclosure permits
(1) This Division applies to any licence under this Act, or enclosure permit within the meaning of Division 6 of Part 4, that is subject to the payment of any rent.(2) The rent of any such licence or enclosure permit is subject to redetermination by the Minister in accordance with this Division despite:(a) any term or condition to which the licence or permit is subject, or(b) any other provision of this Act.
143B Minister may redetermine rents for licences and enclosure permits
(1) The Minister may, as provided by this section, redetermine the rent payable in respect of a licence or enclosure permit to which this Division applies.(2) A redetermination of the rent of a licence or enclosure permit is to be made in respect of each rent review date.(3) The rent review dates for a licence or enclosure permit are as follows:(a) if the effective date of the last redetermination of the rent of the licence or enclosure permit was not more than 3 years before the commencement of this section:(i) the first rent review date is the first due date in respect of the rent occurring on or after the commencement of this section that is not less than 3 years after the effective date of that redetermination (or such later due date as may be determined by the Minister), and(ii) thereafter, rent review dates fall on the third anniversary of the previous rent review date,(b) if paragraph (a) does not apply or if there has been no redetermination of the rent of the licence or enclosure permit:(i) in the case of a licence or enclosure permit in force before the commencement of this section:(A) the first rent review date is the first due date in respect of the rent occurring on or after the commencement of this section (or such later due date as may be determined by the Minister), and(B) thereafter, rent review dates fall on the third anniversary of the previous rent review date, or(ii) in the case of a licence or enclosure permit that commences on or after the commencement of this section:(A) the first rent review date is the first due date in respect of the rent occurring not less than 3 years after the commencement of the licence or enclosure permit (or such other due date as may be determined by the Minister), and(B) thereafter, rent review dates fall on the third anniversary of the previous rent review date.(4) A redetermination of rent in respect of the first rent review date for a licence or enclosure permit under this section:(a) may be made at any time before the first rent review date or within 6 months after the first rent review date, and, if so made, takes effect on the first rent review date, and(b) may be made more than 6 months after the first rent review date but, if so made, takes effect from the date of the redetermination.(5) A redetermination of rent in respect of any other rent review date for a licence or enclosure permit under this section:(a) may be made within 6 months before or after a rent review date and, if so made, takes effect on the rent review date, and(b) may be made more than 6 months after a rent review date but, if so made, takes effect from the date of the redetermination.(6) Despite subsections (2) and (3), the Minister may redetermine the rent of a licence or enclosure permit to which this Division applies on an annual basis, or at such other intervals as the Minister determines, starting from such date as the Minister thinks fit.
143C Adjustment of rent in line with Consumer Price Index
(1) In this section:existing licence or permit means a licence or enclosure permit in force immediately before the commencement of this section.
mid-term redetermination of rent is a redetermination of rent that takes effect on any date other than the due date for the rent.
minimum rent has the same meaning as in Division 2A.
new licence or permit means a licence or enclosure permit that commences after the commencement of this section.
(2) The rent of a licence or enclosure permit at a due date that is the effective date of a redetermination of the rent of the licence or permit, or that is the next due date after a mid-term redetermination of the rent of the licence or permit, 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.(3) The rent of a licence or enclosure permit at any other due date is:(a) the CPI adjusted rent at that due date or, if the Minister so determines, the rent as redetermined under subsection (2), or(b) if the minimum rent at that due date exceeds the CPI adjusted rent, the minimum rent.(4) The CPI adjusted rent is to be determined in accordance with the following formula:
where:R represents the CPI adjusted rent.
A represents the determined rent, being:
(a) in the case of an existing licence or permit—the rent as at the last due date before the commencement of this section, or as at the effective date of the last redetermination of rent to take effect on or before the due date, whichever is later, or(b) in the case of a new licence or permit—the rent set as at the commencement of the licence or permit, or as at the effective date of the last redetermination of rent to take effect on or before the due date, whichever is later.C represents the Consumer Price Index number for the last quarter for which such a number was published before the due date for the rent.
D represents the Consumer Price Index number for the last quarter for which such a number:
(a) in the case of an existing licence or permit—was published before the last due date before the commencement of this section, or as at the effective date of the last redetermination of rent to take effect on or before the due date, whichever is later, or(b) in the case of a new licence or permit—was published before the commencement of the licence or permit, or as at the effective date of the last redetermination of rent to take effect on or before the due date, whichever is later.(5) Despite subsections (2) and (3), if a mid-term redetermination of rent is made, the rent as so redetermined may be charged, on a pro rata basis, in respect of the period commencing on the date the redetermination takes effect and ending on the next due date in respect of the rent, and the rent payable may be adjusted by the Minister as appropriate (even if the rent in respect of that period has already been paid in advance).(6) The operation of this section in respect of the rent of a licence or enclosure permit is not a redetermination of the rent for the purposes of this Act.
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143D Division does not apply in respect of Western Division
(1) Subject to this section, this Division does not apply in respect of licences or enclosure permits situated in the Western Division.(2) The regulations may apply the provisions of this Division, with or without modification, in respect of licences or enclosure permits situated in the Western Division.(3) If the regulations apply the provisions of this Division in respect of licences or enclosure permits situated in the Western Division, the regulations may modify the application of any other provision of this Act in respect of those licences or enclosure permits.
144 Liability of incoming holder to pay arrears
(1) For the purposes of this section:(a) holding means a holding of a prescribed class or an enclosure permit, and(b) an 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 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 the holding any amount that, when the person became the holder, was due and unpaid under:(a) the Crown Lands Acts,(b) the regulations under those Acts, or(c) a condition attached to the holding.(3) If a person who is a holder pays, in respect of a holding, any amount (other than an amount that is attributable to rent or to interest charged under section 148) that before the person became the holder of the holding, was due and unpaid under:(a) the Crown Lands Acts,(b) the regulations under those Acts, or(c) a 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 148, and(b) that, before the person became the holder of the holding, was due and unpaid under the Crown Lands Acts, the regulations under those Acts or a 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 the holding during the period in respect of which the amount paid was due.(5) The amount recoverable from a person under subsection (4) is the remainder after deducting from the amount paid any part of it that, calculated on a daily basis, would be attributable to a period when the person was not the holder.(6) For the purposes of, but without limiting, subsections (3), (4) and (5), a person:(a) is a holder during a period determined under subsection (7), and(b) is not a holder during a period determined under subsection (8).(7) The period determined under this subsection:(a) begins when the person acquires a right to be registered or recorded as the holder of an estate or interest in the holding, and(b) ends when the person is registered or recorded as the holder of the estate or interest.(8) The period determined under this subsection:(a) begins when another person acquires a right to be registered or recorded as the holder of an estate or interest in the holding, and(b) ends when the other person is registered or recorded as the holder of the estate or interest.(9) Nothing in this section affects any agreement or any rule of law or equity with respect to the ultimate liability for payment of any amount due in respect of a holding.
145 Certificate as to amount due
(1) The Minister or a prescribed authority or person may, in respect of any holding, issue a certificate as to the amounts payable to the Crown under the Crown Lands Acts, the regulations under those Acts or any condition attached to the holding.(2) A certificate under this section is admissible in any legal proceedings as evidence of the matters certified.(3) In this section:holding includes:
(a) an enclosure permit, and(b) a lease to the Commonwealth under Part 8 of Schedule 2 to the Crown Lands (Continued Tenures) Act 1989, and(c) any tenure, lease, licence or permit granted under the Crown Lands Acts which ceased to exist before the commencement of this Act.
(1) Subject to subsection (3), money payable under the Crown Lands Acts is a debt due to the Crown and is recoverable by the Minister as such a debt.(2) A certificate of the Minister that a stated amount of money is payable under the Crown Lands Acts by a named person is, in any proceedings instituted against the person for the recovery of that money, evidence of the matters stated.(3) Money payable to a reserve trust under this Act or the by-laws may be recovered by the trust as a debt.
(1) Interest accrues day by day on any amount payable to the Crown under the Crown Lands Acts and unpaid 28 days (or such other period as may be prescribed by the regulations) after the due date.(2) The interest shall be calculated as from the due date at the rate applying under an Act repealed by this Act or at the rate prescribed for the purpose of this subsection (whichever is applicable) during the period in which the amount was outstanding.(3) This section does not apply to an amount that has become payable to the Crown in respect of an incomplete purchase because the purchase has been transferred.
149 Forfeiture etc not to extinguish debts
The forfeiture, termination or expiration of a holding or the cancellation or variation of an enclosure permit does not operate to extinguish any debt to the Crown in respect of the holding or permit unless the Minister otherwise approves.
150 Postponement, waiver etc of payments
(1) If the Minister so directs:(a) payment of the whole or part of any amount payable to the Crown under the Crown Lands Acts is postponed or is waived,(b) the whole or part of any debt to the Crown under the Crown Lands Acts is extinguished,(c) the whole or part of any amount paid to the Crown under the Crown Lands Acts shall be refunded,(d) the instalments payable to the Crown in respect of a purchase of land or in respect of any other debt payable to the Crown are varied or interest only may be paid instead of instalments,(e) any interest is, or any fees, deposits, costs or other amounts payable to the Crown under the Crown Lands Acts are, varied, or(f) the whole or part of any amount payable to the Crown under the Crown Lands Acts shall be funded and made payable as a separate debt.(2) A direction in respect of an amount may be unconditional or may be subject to conditions, including conditions:(a) requiring payment of interest on the amount at a rate not exceeding the prescribed rate, or(b) requiring payment of the amount in some other manner than that required under the Crown Lands Acts.(3) The Minister may amend or revoke a direction.
The Minister may, on such conditions as the Minister thinks fit, grant a rebate of rent in respect of a prescribed class of holder or in respect of a holding which is used for a prescribed purpose.
152 Alteration of due dates for payments
(1) The Minister may, if satisfied that it is expedient for administrative purposes to do so, direct that any amounts payable at recurring times under the Crown Lands Acts be payable at such altered times (recurring at the same intervals) as are specified in the direction.(2) A direction may be given in respect of amounts whether or not they have become payable.(3) If it is necessary to pay a proportionate part of an amount because a time of payment has been altered, it is payable at a time directed by the Minister.(4) Notice of a direction shall be given to the holder for the time being of the holding or enclosure permit in respect of which the amount is payable.(5) A direction:(a) may be given in respect of all holdings or enclosure permits, any class of holding or enclosure permit or a particular holding or enclosure permit,(b) on notice being given as required, has effect according to its tenor,(c) may be given from time to time, and(d) may be amended or revoked by the Minister.
Division 5 Protection of public land
In a provision of this Division:authorised person means:
(a) a member of the Police Force,(b) a person holding an office, position or rank prescribed for the purposes of this definition, or(c) a person authorised by the Minister for the purposes of the provision.erection, in relation to a structure, includes any work carried out in creating the structure.
interfere, in relation to a substance on public land, includes removing, cutting, digging up, disturbing, displacing, stacking and heaping the substance.
public land means Crown land or land within a reserve as defined in Part 5 or any other land granted, dedicated or reserved for a public purpose.
structure includes:
(a) any building,(b) any post, pile, stake, pipe, chain, wire or any other thing that is fixed to the soil or to anything fixed to the soil,(c) any roadwork, pathway or paving,(d) any works for the reclamation of land that are or are liable to be, or would, but for the reclamation, be or be liable to be, covered wholly or partly by water, and(e) any excavation works, drain, canal, sump or foundation, whether lined or unlined.substance, in relation to public land, includes plants, trees, timber, turf, stone, clay, shells, earth, sand and gravel.
vacant public land means public land which is not held under lease or licence from the Crown or from the trustees of the land.
(1) Nothing in this Division affects any other law applying to public land, but a person is not liable to be punished twice for an act or omission that constitutes an offence under both this Division and any other law.(2) Regulations or by-laws applying to public land may contain provisions having the effect of authorising any act or omission that would, but for the by-laws and this subsection, constitute an offence arising under this Division.(3) Nothing in this section authorises the making of regulations or by-laws that could not be made if this section were not in force.
(1) A person shall not, without lawful authority:(a) reside on public land,(b) erect a structure on public land,(c) graze stock on public land,(d) drive stock on public land,(e) clear, dig up or cultivate public land,(f) enclose public land (other than a road or watercourse to which section 63 applies),(g) fail to pay any rent due and payable in respect of the enclosure of public land that is a road or watercourse,(h) interfere with any substance, whether on or in, or forming part of, public land, or(i) deposit or leave on public land:(i) any rubbish, litter, refuse, dead animal, filth or other similar matter, or(ii) any matter of a prescribed class or description, whether or not of a kind referred to in subparagraph (i),except in a place or receptacle provided for the purpose.Maximum penalty: 20 penalty units.
(2) A person shall not cause to be done anything that is prohibited by subsection (1) (b)–(f), (h) or (i).Maximum penalty: 20 penalty units.
(3) In proceedings for an offence under this section, the defendant has the onus of proving lawful authority in relation to the act or omission giving rise to the alleged offence.(4) It is a sufficient defence to a prosecution for an offence arising under subsection (1) (e) or (h) if the defendant establishes that the activity with which he or she is charged was carried out in the course of fossicking, as referred to in section 12 (1) of the Mining Act 1992.
156 Unauthorised use of structures or land
(1) The Minister:(a) may cause a notice to be served on a person prohibiting the person, without lawful authority, from making use of any structure erected on public land or from carrying on any prescribed activity on public land, or(b) may cause a notice to be displayed in a conspicuous place on or near public land prohibiting persons generally, without lawful authority, from making use of any structure or carrying on any prescribed activity on the land.(2) A person on whom a notice is served shall not, without lawful authority, make use of the structure or carry on the activity to which the notice relates after the expiration of a period specified in the notice.Maximum penalty: 20 penalty units.
(3) A person shall not, without lawful authority, make use of a structure or carry on a prescribed activity on public land if that use or activity is prohibited by a notice displayed in a conspicuous place on or near the land.Maximum penalty: 20 penalty units.
(4) In proceedings for an offence under this section, the defendant has the onus of proving lawful authority in relation to the act or omission giving rise to the alleged offence.
(1) In addition to any penalty imposed for an offence arising under section 155 or 156, a person convicted of the offence is liable to pay such amount by way of compensation (including an amount in substitution for rent that might otherwise have been payable) as the court before which the person is convicted may order.(2) Any amount ordered to be paid shall be paid by the offender to the clerk of the court for payment to the Director-General.(3) An order under this section is taken to be a fine for the purposes of the Fines Act 1996.(4) An order made by a court under section 10 of the Crimes (Sentencing Procedure) Act 1999 in any proceedings for an offence referred to in subsection (1) operates for the purposes of that subsection as a conviction for the offence.
158 Removal of unauthorised structures
(1) For the purposes of this section, a structure is on public land without lawful authority if it is:(a) a structure the erection of which was not, at the time of its erection, authorised by or under the provisions of this or any other Act (other than Part 11 or 12A of the Local Government Act 1919, Part 1 of Chapter 7 of the Local Government Act 1993 or the Environmental Planning and Assessment Act 1979), not being a structure referred to in paragraph (b), or(b) a structure:(i) the erection or use of which was authorised by or under the provisions of this or any other Act (other than Part 11 or 12A of the Local Government Act 1919, Part 1 of Chapter 7 of the Local Government Act 1993 or the Environmental Planning and Assessment Act 1979),(ii) that is or was required, by or under those provisions, to be removed at or within a specified time, and(iii) that has not been so removed.(2) The Minister may cause any structure that is on public land without lawful authority to be removed, together with the contents of the structure.(3) The Minister may cause to be displayed or published a notice requiring any person:(a) who claims to have authority to erect, maintain or use a structure erected on any public land, or any part of the structure, or(b) who claims any interest in the structure,to deliver to the Minister a statement in writing signed by the person stating by what authority the person erected or is entitled to maintain or use the structure or part or by what authority the person claims any interest in the structure.(4) The notice shall be:(a) displayed on or adjacent to the structure, or(b) published in a local newspaper or such other newspaper (if any) as the Minister may determine.(5) A person who, within 1 month after display or publication of the notice, fails to deliver the statement to the Minister has no claim against the Minister or any other person removing the structure or contents.(6) The Minister may cause anything removed under this section:(a) to be destroyed, sold or stored,(b) to be returned to a person considered by the Minister to be its owner, or(c) if it is stored under paragraph (a) and not returned under paragraph (b)—to be destroyed or sold.(7) The Minister may, on condition that it be removed, sell anything that the Minister may cause to be removed under this section.(8) The Minister may recover as a debt due to the Crown the expenses incurred in the removal, destruction, sale or storage of the structure, part or contents:(a) if the structure or part was erected without lawful authority—from the person who erected the structure or caused it to be erected,(b) whether the structure or part was erected with or without lawful authority—from the person who has made use of the structure:(i) if a notice was served on the person under section 156 (1) in respect of the structure—after the expiration of the period specified in the notice, or(ii) if a notice was displayed or published under this section in respect of the structure and it is proved that the person knew, or ought reasonably to have known, of the notice—after the expiration of a period of 1 month after which it was displayed or published,(c) if the structure is a structure referred to in subsection (1) (b)—from the person who was required, by or under the provisions referred to in subsection (1) (b), to remove the structure, or(d) if the expenses are recoverable under paragraphs (a), (b) and (c) from more than one of those persons—from both or all of them jointly and each of them severally.
159 Removal of trespassers from public land
(1) An authorised person may issue to a person, and file in the Local Court, an application notice:(a) alleging that the person is in unlawful occupation of public land or is unlawfully using public land, and(b) requiring the person to appear before the Local Court at a specified date, time and place.(2) Unlawful occupation or use includes occupation or use purporting to be under a forfeited or expired holding.(3) On appearance of a person in answer to an application notice (or on proof of service of the notice on the person or at the person’s last known place of residence or business), the Local Court shall hear and inquire into the subject-matter of the notice.(4) On being satisfied as to truth of the matters alleged in an application notice, the Local Court shall issue a warrant addressed to any authorised person requiring and authorising the person to:(a) dispossess and remove the person in unlawful occupation of, or unlawfully using, the land,(b) remove any buildings or goods from the land, and(c) take possession of the land on behalf of the Crown.(5) The Local Court, for any reason it thinks fit, may order that the execution of a warrant be delayed for a specified time.(6) In proceedings under this section the Local Court may make such orders as to the payment of costs as to the Court seem just and reasonable.
160 Vehicles on vacant public land
(1) In this section:vehicle includes:
(a) a motor car, motor carriage, motor cycle or other apparatus propelled on land, snow or ice wholly or partly by volatile spirit, steam, gas, oil or electricity,(b) a boat or other object that, while floating on water or submerged, whether wholly or partly, under water, is wholly or partly used for the conveyance of persons or things,(c) an apparatus that, while propelled in the air by human or mechanical power or by the wind, is wholly or partly used for the conveyance of persons or things,(d) an apparatus propelled on land, snow or ice by human or animal power or by the wind, and(e) a trailer or caravan, whether or not it is in the course of being towed.(2) A reference in this section to the Minister includes, if the reference is in relation to land in respect of which a reserve trust has been appointed, a reference to the reserve trust.(3) The Minister may give such directions as to the bringing of vehicles into, and the use and parking or mooring of vehicles in, any vacant public land as the Minister thinks fit, and any such direction:(a) may be limited as to time, place or subject-matter, and(b) may be varied or revoked by the Minister.(4) A direction given under subsection (3) has effect only while there is erected or displayed on or near, or marked on, the land to which the direction relates a sign that is notice of the direction.(5) The direction appearing on a sign that is:(a) erected or displayed on or near, or(b) marked on,any vacant public land with the authority of the Minister has effect as a direction, for the time being in force, given under subsection (3) in relation to the land, and the sign is, for the purposes of subsection (4), notice of that direction.(6) A person shall not contravene a direction having effect under this section.Maximum penalty: 5 penalty units.
(7) A person shall not interfere with, alter or remove any sign erected or displayed with the authority of the Minister on or near, or marked with that authority on, vacant public land.Maximum penalty: 5 penalty units.
(8) Nothing in this section affects any other provision of this or any other Act, or of any by-law, so far as the provision has effect in relation to vehicles on vacant public land.(9) An allegation, in an information in respect of an offence under this section:(a) that a sign was erected, displayed or marked with the authority of the Minister or the Minister’s delegate, or(b) that a sign was interfered with, altered or removed without the authority of the Minister or the Minister’s delegate,is evidence of the truth of the allegation.
161 Liability of vehicle owner for certain offences
(1) If an offence against section 160 (6) occurs in relation to a vehicle, the person who at the time of the offence is the owner of the vehicle is, by virtue of this section, guilty of an offence against the subsection as if the person were the actual offender unless:(a) the offence is dealt with under section 162 and the person satisfies an authorised person described in the notice served under that section that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used, or(b) the court is satisfied that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used.(2) Nothing in this section affects the liability of the actual offender but if a penalty has been imposed on or recovered from any person in relation to the offence no further penalty may be imposed on or recovered from any other person for the offence.(3) An owner of a vehicle is not, under subsection (1), guilty of an offence if:(a) the offence is dealt with under section 162 and the owner:(i) within 21 days after service on the owner of a notice under that section alleging that the owner has been guilty of the offence, supplies by statutory declaration to an authorised person described in the notice the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence, or(ii) satisfies that authorised person that the owner did not know and could not with reasonable diligence have found out that name and address, or(b) the owner:(i) within 21 days after service on the owner of a summons in respect of the offence, supplies by statutory declaration to the informant the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence, or(ii) satisfies the court that the owner did not know and could not with reasonable diligence have found out that name and address.(4) If a statutory declaration under subsection (3) is produced in any proceedings against the person named in the declaration that relate to the offence in respect of which it was supplied it is evidence that that person was in charge of the vehicle at all relevant times relating to the offence.(5) A statutory declaration which relates to more than one offence is not a statutory declaration for the purposes of subsection (3).(6) In this section:owner of a vehicle includes the responsible person for the vehicle within the meaning of the Road Transport (General) Act 2005.
registered means registered under the Road Transport (Vehicle Registration) Act 1997.
trader’s plate means a trader’s plate within the meaning of the Road Transport (Vehicle Registration) Act 1997.
162 Penalty notices for certain offences
(1) An authorised person may serve a penalty notice on anyone who appears to the authorised person to have committed an offence under this Act, the regulations or the by-laws made under section 128, being an offence prescribed by the regulations for the purposes of this section.(2) A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person may pay, within the time and to the person specified in the notice, the amount of penalty prescribed by the regulations for the offence if dealt with under this section.(3) A penalty notice:(a) may be served personally or by post, or(b) if it relates to an offence of which the owner of a vehicle is guilty under section 161, may be served by leaving it on, or attaching it to, the vehicle addressed to “the owner” (without stating the name or address of the owner).(4) If the amount of penalty prescribed for an alleged offence is paid under this section, no person is liable to any further proceedings for the alleged offence.(5) Payment under this section shall not be regarded as an admission of liability for the purpose of, nor in any way affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.(6) The regulations may:(a) prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence,(b) prescribe the amount of penalty payable for the offence if dealt with under this section, and(c) prescribe different amounts of penalties for different offences or classes of offences.(7) The amount of a penalty prescribed under this section for an offence shall not exceed the maximum amount of penalty which could be imposed for the offence by a court.(8) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings which may be taken in respect of offences.
(1) For the purposes of the Impounding Act 1993, the Minister is the occupier of vacant public land.(2) An authorised person may exercise any power conferred on the Minister by the operation of this section.(3) An authorised person may, on behalf of the Minister, take proceedings for the trespass committed on the vacant public land by animals impounded by virtue of this section.(4) For the purposes of subsection (3), the Minister shall be taken to be in exclusive possession of vacant public land.(5) This section:(a) does not prevent an information being laid for an offence against section 155, or(b) affect any proceedings for such an offence.
167 Requirement to state name and address
(1) In this section:motor vehicle means a motor car, motor carriage, motor cycle or other apparatus propelled wholly or partly by volatile spirit, steam, gas, oil or electricity.
(2) An authorised person may require a person whom the authorised person suspects on reasonable grounds to be offending against this Act, the regulations or the by-laws to state his or her full name and place of residence.(3) An authorised person may require the driver of a motor vehicle on vacant public land to produce his or her driver licence and to state his or her full name and place of residence.(4) A person shall not:(a) fail or refuse to comply with a requirement under this section, or(b) in purported compliance with such a requirement, state a name that is not the person’s name or a place of abode that is not the person’s place of abode.Maximum penalty—subsection (4): 5 penalty units.
168 Obstruction of authorised persons
(1) A person shall not obstruct entry to public land by an authorised person who produces evidence of authority to enter the land.Maximum penalty: 10 penalty units.
(2) It is a defence to a prosecution under this section if it is proved that:(a) the authorised person did not have reasonable cause to enter the land, and(b) the defendant had a right to obstruct entry to the land.
Division 5A Powers to enter and inspect land and to obtain information
In this Division:Crown Lands Acts includes the Hay Irrigation Act 1902.
Crown tenure means any of the following:
(a) a holding,(b) an enclosure permit,(c) a Commonwealth lease,(d) a lease under the Hay Irrigation Act 1902,(e) any lease or licence granted in respect of a reserve within the meaning of Part 5.landholder means any person who, whether by reason of ownership or otherwise, is in lawful occupation or possession, or has lawful management or control, of private land or land that is the subject of, or is comprised in, a Crown tenure.
private land means any land (other than Crown land) that:
(a) is subject to a restriction on use (including a restriction relating to subdivision or separate dealing) or public positive covenant imposed, or taken to have been imposed, by the Minister under Part 4A whether before or after the commencement of this Division, or(b) is held subject to a recorded condition (whether recorded before or after the commencement of this Division).recorded condition means a condition to which a recording under section 36 (4) (a), 37 (2) (a) or 38 (a) relates.
168B Appointment of authorised inspectors
(1) The Minister may appoint any member of staff of the Department or of any other government agency, or of a local council, as an authorised inspector for the purposes of this Division.(2) The authority of an authorised inspector may be limited by the relevant instrument of appointment to the functions specified in the instrument of appointment.(3) An authorised inspector cannot exercise the functions of an authorised inspector under this Division unless the inspector is in possession of an identification card issued by the Director-General.(4) In the course of exercising the functions of an authorised inspector under this Division, the inspector must, if requested to do so by any person who is subject to the exercise of the function, produce the inspector’s identification card to the person.
168C Powers of entry and inspection in relation to land
(1) An authorised inspector may:(a) enter any land that is the subject of a Crown tenure for the purpose of determining whether the landholder is complying with:(i) the terms and conditions of the tenure, or(ii) any of the requirements of the Crown Lands Acts that apply in relation to the land, and(b) enter any private land, at any reasonable time, for the purpose of:(i) monitoring or reviewing the effectiveness of the measures imposed by the restriction on use or covenant, or by the recorded condition, to or in respect of which the land is subject, or(ii) determining whether the landholder is complying with the restriction on use or covenant, or the recorded condition, to or in respect of which the land is subject, and(c) enter any other land owned or occupied by a landholder for the purpose of gaining access to land that is the subject of a Crown tenure, or is private land, owned or occupied by that landholder.(2) An authorised inspector may enter land under subsection (1) only if:(a) the landholder consents, or(b) the Director-General has authorised the entry onto the land.(3) An authorised inspector may, while on any land that the inspector has entered under subsection (1) (a) or (b):(a) conduct such investigations, make such inquiries, examinations and inspections, and take such samples and recordings (including photographs), as the inspector considers necessary, and(b) require the landholder or any other person to produce to the inspector any records or documents that may relate to any of the purposes for which the inspector may enter land, and(c) require the landholder or any other person to provide such reasonable assistance and facilities as may be requested by the inspector to exercise the inspector’s functions under this section.(4) A person may accompany an authorised inspector and take all reasonable steps to assist an inspector in the exercise of the inspector’s functions under this section if the inspector is of the opinion that the person is capable of providing assistance to the inspector in the exercise of those functions.(5) An authorised inspector is not entitled to enter any part of premises used only for residential purposes except with the consent of the landholder.(6) A person who, without reasonable excuse:(a) obstructs an authorised inspector in the exercise of the inspector’s functions under this section, or(b) fails or refuses to comply with a requirement made by an authorised inspector under this section,is guilty of an offence.Maximum penalty: 100 penalty units.
(7) For the purposes of subsection (6), obstruct includes delay, threaten or hinder.
168D Power to obtain information
(1) In this section:relevant information means any information about:
(a) a possible contravention of the Crown Lands Acts or the regulations under any of the Crown Lands Acts, or(b) any other matter relating to a purpose for which an authorised inspector may enter land under section 168C (1) (a) or (b).(2) The Director-General may, by notice in writing served on a person, require the person:(a) to give to an authorised inspector, orally or in writing signed by the person (or, if the person is a corporation, by a competent officer) and within the time and in the manner specified in the notice, any relevant information of which the person has knowledge, or(b) to produce to an authorised inspector, in accordance with the notice, any document containing relevant information.(3) An authorised inspector may inspect a document produced in response to such a notice and may make copies of, or take extracts or notes from, the document.(4) A person must not, without reasonable excuse:(a) fail to comply with such a notice to the extent that the person is capable of complying with it, or(b) in purported compliance with such a notice, give information or an answer to a question, or produce a document, knowing that it is false or misleading in a material particular.Maximum penalty: 100 penalty units.
(5) A person is not excused from giving information, answering questions or producing documents under this section on the ground that the information, answers or documents may tend to incriminate the person.(6) Any information or document obtained from a natural person under this section is not admissible against the person in criminal proceedings other than proceedings for an offence under this section.
168E Arrangements with other government agencies
(1) The Director-General may enter into an arrangement with the head of any government agency, or with a local council, for a member of staff of the government agency or council to exercise the powers of an authorised inspector under this Division.(2) A member of staff of a government agency or local council who exercises any such powers in accordance with such an arrangement is taken to be an authorised inspector for the purposes of this Act.
Division 6 Legal and evidentiary provisions
A person who has acquired land from the Crown by way of purchase or exchange (other than a person who has acquired land under a lease from the Crown by way of exchange) under this Act has an estate fee simple in the land.
170 Limitation on acquisition of title by possession against the Crown
(1) Title to any land of the Crown which has been:(a) set out as a road under an Act or in connection with the alienation of land of the Crown,(b) left between Crown grants for use as a road or driftway,(c) dedicated under the Crown Lands Acts or any other Act for a public purpose, or(d) reserved in a Crown grant or recorded in a folio of the Register as being reserved to the Crown,may not, on the basis of adverse possession, be asserted or established against the Crown or any persons holding the land in trust for a public purpose.(2) Title to any land of the Crown reserved under the Crown Lands Acts or any other Act for a public purpose (not being land referred to in subsection (1)) may not, on the basis of adverse possession, be asserted or established against the Crown or any persons holding the land in trust for that public purpose.(3) Title to any other Crown land may not, on the basis of adverse possession, be asserted or established against the Crown.(4) This section does not affect the operation of section 46B of the Real Property Act 1900.(5) This section does not affect the title to any land:(a) which has, in any proceedings to which the Crown has been a party, been held not to be land of the Crown:(i) before the date of assent to the Crown Lands (Amendment) Act 1931 in the case of land referred to in subsection (1),(ii) before the date of assent to the Crown Lands (Amendment) Act 1977 in the case of land referred to in subsection (2), or(iii) before the date of commencement of Schedule 4 (11) to the Crown Lands (Miscellaneous Provisions) Amendment Act 1982 in the case of land referred to in subsection (3), or(b) which the Crown was debarred from recovering by the operation of the Crown Suits Act 1769 or the Limitation Act 1969:(i) at the date of assent to the Crown Lands (Amendment) Act 1931 in the case of land referred to in subsection (1),(ii) at the date of assent to the Crown Lands (Amendment) Act 1977 in the case of land referred to in subsection (2), or(iii) at the date of commencement of Schedule 4 (11) to the Crown Lands (Miscellaneous Provisions) Amendment Act 1982 in the case of land referred to in subsection (3).
171 Exclusion of minerals, other reservations, exceptions etc
(1) A sale, lease or other disposal of land by a reserve trust under Part 5 of this Act or by the Crown under this Act or the Crown Lands (Continued Tenures) Act 1989 does not include the sale, lease or disposal of any minerals contained in the land, being minerals within the definition of mineral in section 3 (1) at the time when the land is contracted to be sold, the lease is commenced or the disposal takes place.(2) On creating a folio of the Register in respect of land under this Act or the Crown Lands (Continued Tenures) Act 1989, the Registrar-General shall record any qualification required by the Minister and notified to the Registrar-General.(3) A sale, lease or other disposal of land under this Act or the Crown Lands (Continued Tenures) Act 1989 is subject to any qualification approved by the Minister.(4) In this section:qualification means:
(a) a reservation or exception considered by the Minister to be in the public interest, or(b) without affecting any liability under the Mine Subsidence Compensation Act 1961—a condition having the effect of protecting the Crown and any mining lessee against any other liability that could arise from a subsidence as a result of mining operations.
172 Land with boundaries to lakes, roads etc
(1) In this section:alienated (except in subsection (7)) means sold, leased or otherwise disposed of under the Crown Lands Acts or any other Act relating to the alienation of land of the Crown.
bank means the limit of the bed of a lake or river.
bed means the whole of the soil of a lake or river including that portion:
(a) which is alternately covered and left bare with an increase or diminution in the supply of water, and(b) which is adequate to contain the lake or river at its average or mean stage without reference to extraordinary freshets in time of flood or to extreme droughts.lake includes a permanent or temporary lagoon or similar collection of water not contained in an artificial work.
river includes any stream of water, whether perennial or intermittent, flowing in a natural channel, and any affluent, confluent, branch or other stream into or from which the river flows.
(2) The boundary of any land which is alienated by the Crown and which is described or alienated:(a) as bounded by, by reference to, or by the margin or bank, of a non-tidal lake, or(b) by metes expressed or shown to run to a lake or to the margin or bank of a lake,shall be taken to be the bank of the lake at the time of the Crown survey for the purposes of the alienation.(3) Title to land comprising the bed of a non-tidal lake does not pass, and never has passed, by any alienation of land adjoining the lake:(a) as bounded by, by reference to, or by the margin or bank of, the lake, or(b) by metes expressed or shown to run to the lake or to the margin or bank of the lake,and no person is, by being the owner of land so alienated, entitled to any rights of access over, or to the use of, any part of the bed.(4) The doctrine of accretion does not apply, and never has applied, to a non-tidal lake.(5) A person is not, by being the owner of land sold, leased or otherwise disposed of under this Act or the Crown Lands (Continued Tenures) Act 1989:(a) as bounded by, by reference to, or by the margin or bank of, a river, or(b) by metes expressed or shown to run to a river or to the margin or bank of a river,entitled to any rights of access over, or to the use of, any part of the bed of the river.(6) Subsection (5) does not apply to the owner of land sold under the Crown Lands (Continued Tenures) Act 1989 if the land:(a) was, at the time of the sale, held as a conditional lease, homestead selection, homestead farm, week-end lease, conditional purchase lease, settlement purchase lease, closer settlement lease or group purchase lease under the Crown Lands Acts, and(b) was held as that holding before the bed of the adjoining river was reserved from sale or lease under the Crown Lands Acts.(7) If, before the commencement of this section:(a) the bed of a river was reserved from sale or lease under the Crown Lands Acts, and(b) land adjoining the river was subsequently alienated (including alienation under any form of tenure under the Crown Lands Acts or any other Act relating to the alienation of land of the Crown):a person is not, by being the owner of the land, entitled to any rights of access over, or to the use of, any part of the bed of the river.(i) as bounded by, by reference to, or by the margin or bank of the river, or(ii) by metes expressed or shown to run to the river or to the margin or bank of the river,(8) If any land is or was alienated by the Crown with a boundary adjoining, or as bounded by, a road created by the Crown, no part of the road passes, or shall be taken ever to have passed, with the land.(9) Nothing in this section affects any rights acquired under the Water Management Act 2000.
173 Evidence of land being measured
(1) A measurement of Crown land is not effective until the plan of the measurement has been approved by an officer authorised by the Minister.(2) The signature of an authorised officer on a plan is evidence that the plan has been approved by the officer.
174 Ownership of improvements on forfeiture etc
(1) On forfeiture, surrender or other determination of a holding all improvements on the land become, subject to this section and any provision or condition of the holding, the property of the Crown and no compensation is payable for those improvements.(2) On application made within 1 month of the forfeiture, surrender or determination the Minister may permit the former holder to remove from the land any improvements effected or owned by the holder or the holder’s predecessors in title.(3) On removal of improvements under this section the Crown ceases to have (and shall be taken never to have had) any right to the improvements.
Proceedings for an offence against this Act, the Crown Lands (Continued Tenures) Act 1989 or the regulations shall be dealt with summarily before the Local Court.
(1) If a corporation contravenes, whether by act or omission, any provision of this Act, the Crown Lands (Continued Tenures) Act 1989 or a regulation, each person who is:(a) a director of the corporation, or(b) concerned in the management of the corporation,shall be taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.(2) A person may, under subsection (1), be proceeded against and convicted for a contravention of a provision whether or not the corporation has been proceeded against or been convicted for a contravention of the same provision.(3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation against this Act or the regulations.
177 Certificate as to status of land etc
(1) A certificate signed by the Minister certifying that, at a stated time or during a stated period:(a) specified land was, or was not, Crown land,(b) specified land was, or was not, granted, reserved or dedicated for a public purpose,(c) specified land was, or was not, a reserve within the meaning of Part 5,(d) specified land was, or was not, land in respect of which a notification under section 18 (4) (application of protection of public land provisions to other land) was in force,(e) specified land was, or was not, the subject of a holding or a specified class of holding,(f) a holding was, or was not, subject to a specified condition, or(g) a named person was, or was not, the holder of a holding,is, in any legal proceedings, admissible as evidence of the matters certified.(2) If the court before which any legal proceedings are brought is satisfied that the proceedings were brought wholly or partly for the purpose of determining title to land, a certificate under subsection (1) is not admissible in the proceedings.(3) In this section:holding includes:
(a) an enclosure permit, and(b) a lease to the Commonwealth under Part 8 of Schedule 2 to the Crown Lands (Continued Tenures) Act 1989, and(c) any tenure, lease, licence or permit granted under the Crown Lands Acts which ceased to exist before the commencement of this Act.
178 Certificate evidence as to authorised persons and inspectors
(1) A certificate:(a) signed by the Minister, and(b) certifying that a named person is, or was at a stated time or during a stated period, an authorised person for the purposes of a specified provision of this Act,is, in any legal proceedings, admissible as evidence of the matters certified.(2) A certificate signed by the Director-General and certifying that a named person is, or was at a stated time or during a stated period, an authorised inspector is, in any legal proceedings, admissible as evidence of the matters certified.
179 Removal of recordings in Register
If the Minister is satisfied that a covenant, condition, reservation or provision is no longer applicable to a holding or land the Minister may inform the Registrar-General accordingly and the Registrar-General may amend the Register in accordance with that information.
(1) The Minister may delegate to a person the exercise of any of the Minister’s functions other than this power of delegation.(2) The Lands Administration Ministerial Corporation may delegate to a person the exercise of any of its functions other than this power of delegation.(3) The Director-General may delegate to the holder of any office under the Minister’s administration the exercise of any of the Director-General’s functions, including (unless the instrument of delegation to the Director-General otherwise provides) a function delegated to the Director-General under this section.(4) If the exercise of a function is delegated under this section, the function may be exercised whether or not the delegator holds office at the time of the exercise.(5) In this section, a reference to functions is a reference to functions conferred or imposed by or under this Act or the Crown Lands (Continued Tenures) Act 1989.
A fee may be charged, of such amount as may be approved by the Minister from time to time, for services provided by the Department in connection with Crown lands.
180B GST may be added to certain amounts
(1) If GST is payable in respect of any sale, rent or other matter under the Crown Lands Acts (including any fee charged under section 180A), the amount payable under the Crown Lands Acts in respect of the sale, rent or other matter may be increased to cover the cost of GST payable.(2) In this section, Crown Lands Acts includes the Hay Irrigation Act 1902.
180C Payments due under the Act
(1) Any payment due under this Act must be made as a single payment when due.(2) However, the Minister may accept a payment by instalments on any basis that the Minister determines is appropriate.
(1) If by or under this Act or the Crown Lands (Continued Tenures) Act 1989 a notice, order or other document is required to be given to or served on any person, the notice, order or other document may be given or served:(a) in the case of a person other than a corporation:(i) by delivering it to the person, or(ii) by posting it to the address, if any, specified by the person for the giving of notices or service of documents under either of those Acts or, if no such address is specified, to the person’s usual or last known place of residence or last known place of business, or(b) in the case of a corporation:(i) by leaving it at the registered office of the corporation with a person apparently not less than 16 years of age and apparently in the service of the corporation, or(ii) by posting it to the address, if any, specified by the corporation for the giving of notices or service of documents under this Act or, if no such address is specified, to the last known place of business of the corporation.(2) A notice, order or other document sent by post in accordance with subsection (1) is, unless evidence sufficient to raise doubt is adduced to the contrary, taken to have been given or served on the fourth working day after it was sent.
181A General provisions applicable to CPI adjustment
(1) This section applies in respect of a provision of this Act that provides for the adjustment of an amount by reference to the Consumer Price Index (a CPI adjustment provision).(2) If a CPI adjustment provision requires regard to be had to a Consumer Price Index number published before a due date in respect of rent, regard may be had to the last Index number so published before a notice or invoice of the rent payable by the person liable to pay the rent is sent to the person concerned.(3) If the Australian Statistician publishes a Consumer Price Index number in respect of a particular quarter after the notice or invoice is sent:(a) except as provided by paragraph (b)—the publication of the later Index number is to be disregarded, or(b) if the Minister so directs—regard is to be had to the later and not to the earlier Index number.(4) If the Australian Statistician publishes a Consumer Price Index number in respect of a particular quarter in substitution for a Consumer Price Index number previously published in respect of that quarter:(a) except as provided by paragraph (b)—the publication of the later Index number is to be disregarded, or(b) if the Minister so directs—regard is to be had to the later and not to the earlier Index number.(5) If the reference base for the Consumer Price Index is changed, regard is to be had only to Index numbers published in terms of the new reference base or to Index numbers converted to the new reference base in accordance with an arithmetical conversion factor specified by the Australian Statistician.(6) An adjustment under a CPI adjustment provision is to be made to the nearest whole dollar.
182 Minister may require information to be furnished etc
(1) If the Minister has reason to believe that a person is capable of giving information or producing or making available books or documents relating to:(a) the value of materials taken from land the subject of a lease or licence (where any rent, royalty or other payment in respect of the lease or licence is based on that value), or(b) the income derived from any business or undertaking carried out on land the subject of a lease or licence (where any rent or other payment in respect of the lease or licence is based on that income),the Minister may cause to be served on the person a written notice requiring the person to act as provided by subsection (2).(2) The notice may require the person to:(a) provide in writing, within the period and in the manner stated in the notice, any information referred to in subsection (1),(b) attend before a person named in the notice at a stated time and place and answer questions relating to the value of the materials taken or the income derived from the business or undertaking, or(c) produce or make available to a person named in the notice at a stated time and place books or documents in the person’s custody or control relating to the value of the materials taken or the income derived from the business or undertaking.(3) A person is not excused from providing information, answering a question or producing or making available books or documents when required to do so on the ground that:(a) the information provided,(b) the answer to the question, or(c) the production of, or making available, any books or documents,might tend to incriminate the person or make the person liable to a penalty.(4) Anything a person is required to do by the operation of subsection (3) is inadmissible in evidence against the person in any proceedings other than proceedings for an offence against section 183.(5) A person may make copies of, or take extracts from, books or documents produced or made available to the person under this section.
183 Failing to furnish information etc
A person shall not:(a) refuse or fail to comply with a requirement under section 182 to the extent to which the person is capable of complying with it,(b) in purported compliance with such a requirement, furnish information knowing it to be false or misleading in a material particular,(c) when attending before a person in compliance with such a requirement, make a statement knowing it to be false or misleading in a material particular, or(d) when producing or making available books or documents in compliance with such a requirement, produce or make available books or documents knowing them to be false or misleading in a material particular.Maximum penalty: 20 penalty units.
183A Application of Environmental Planning and Assessment Act 1979
(1) In this section:prescribed instrument means:
(a) a condition to which a recording under section 36 (4) (a), 37 (2) (a) or 38 (a) relates, or(b) a restriction on use or public positive covenant imposed in accordance with Part 4A.(2) For the purposes of section 28 of the Environmental Planning and Assessment Act 1979:(a) a prescribed instrument is taken to be a regulatory instrument, and(b) the Minister is responsible for the administration of such a regulatory instrument.Note. Section 28 of the Environmental Planning and Assessment Act 1979 allows an environmental planning instrument to suspend the operation of a regulatory instrument for the purpose of enabling development to be carried out. Such a suspension cannot be given effect to without the concurrence in writing of the Minister responsible for the administration of the regulatory instrument.(3) In relation to any particular prescribed instrument, a provision of an environmental planning instrument made under section 28 of the Environmental Planning and Assessment Act 1979 and in force:(a) immediately before the commencement of this section, or(b) immediately before the prescribed instrument takes effect,does not affect the operation of the prescribed instrument unless the provision is subsequently amended to expressly affect the operation of the prescribed instrument.
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to the following:(a) the functions of officers employed or acting in the administration or execution of this Act,(b) the procedure to be followed in or in connection with an inquiry held or to be held under this Act,(c) the circumstances in which fees, costs or deposits may be charged or required and the amount of any such fees, costs or deposits,(d) authorising the waiver or refund of the whole or any part of any fees, costs, deposits, interest or rent paid or payable under this Act,(e) determining the person to whom a refund of any fee, cost, deposit, interest or rent is payable,(f) prescribing the periods within which, and the manner in which, notices may be given and objections and appeals may be made,(g) the keeping of records and books of account, the furnishing of returns and records and the inspection of, and the taking of extracts from, records or books,(h) the making of searches in connection with holdings, the issue of certificates relating to holdings and the effect of those certificates,(i) proceedings before local land boards, sittings of local land boards and the members and Chairpersons of local land boards,(j) the establishment of land offices and their functions and hours of business,(k) the alteration, abolition, establishment and definition of land districts,(l) applications for land and procedures in respect of conflicting applications,(m) the manner of, and the places and time for, the payment of rent, purchase money or other money,(n) the payment, by an incoming holder, of the value of any improvements on Crown land to the owner of those improvements,(o) the form and lodgment of, and manner of dealing with, applications, dealings, instruments or documents relating to land,(p) the execution of applications, dealings, instruments or documents relating to land,(q) the powers and functions of the Registrar-General in respect of applications, dealings, instruments or documents relating to land.(2) A regulation may create an offence punishable by a maximum penalty not exceeding 5 penalty units.
(1) No compensation is payable by or on behalf of the Crown because of the enactment or operation of the amendments made to the Crown Lands Acts, or to any other Act, by any of the following Acts, or as a consequence of that enactment or operation:(a) the Crown Lands Legislation Amendment (Budget) Act 2004,(b) the Crown Lands Legislation Amendment Act 2005.(2) The operation of those amendments is not to be regarded as a breach of contract.(3) In this section:compensation includes damages or any other form of monetary compensation.
the Crown means the Crown within the meaning of the Crown Proceedings Act 1988, and includes an officer of the Department.
(1) The Acts specified in Schedule 7 are repealed.(2) All regulations in force under those Acts are repealed.
186 Savings, transitional and other provisions
Schedule 8 has effect.