Crown Lands Act 1989 No 6
Historical version for 6 July 2009 to 27 April 2010 (accessed 23 December 2014 at 10:28) Current version
Part 7Division 7

Division 7 General provisions

180   Delegation

(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.

180A   Fees for services

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.

181   Notices

(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.

184   Regulations

(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.

184A   Compensation not payable

(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.

185   Repeals

(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.
Top of page