This Act may be cited as the Crown Lands (Continued Tenures) Act 1989.
This Act commences on a day or days to be appointed by proclamation.
(1) In this Act:
dealing means a dealing with land.
Department means the Land and Property Management Authority.
holding means an incomplete purchase, a perpetual lease, a term lease or a special lease.
incomplete purchase means:(a) a tenure listed in Part 1 of Schedule 1,(b) a purchase under Schedule 7 of land comprised in a perpetual lease, a term lease or a special lease,(c) a purchase under section 28BB of the Western Lands Act 1901 (after the commencement of Part 1 of Schedule 1) of land comprised in a lease under that Act,(d) a tenure created by a subdivision of:(i) a tenure listed in Part 1 of Schedule 1 to this Act, or(ii) a purchase referred to in paragraph (b) or (c), or(e) a tenure created by a redesign of an incomplete purchase in an irrigation area under section 16, as in force before its repeal,to which either or both of the following provisions apply:(f) the payment of the purchase price or any other amount due to the Crown in respect of the tenure or purchase is not complete,(g) if the land comprised in the tenure or purchase has been sold subject to conditions which are recorded in the Register, those conditions have not been performed or complied with.
minimum annual instalment has the meaning given by Part 1B.
minimum half-yearly instalment has the meaning given by Part 1B.
permissive occupancy means:(a) a permissive occupancy or permission to occupy Crown land granted under section 136K of the Crown Lands Consolidation Act 1913, or(b) a permit to occupy land granted under section 39 of the Closer Settlement Act 1904,and in force immediately before the commencement of section 11.
perpetual lease means:(a) a tenure listed in Part 2 of Schedule 1 and in force immediately before the commencement of that Part,(b) a tenure created by a subdivision of such a tenure, or(c) a tenure created by a redesign of a perpetual lease in an irrigation area under section 16, as in force before its repeal.
Principal Act means the Crown Lands Act 1989.
public purpose, in relation to a provision of this Act, means any purpose for the time being declared by the Minister, by notification in the Gazette, to be a public purpose for the purposes of the provision.
special lease means a special lease granted under the Crown Lands Consolidation Act 1913 and in force immediately before the commencement of section 10 or a special lease created by a subdivision of such a lease.
term lease means a tenure listed in Part 3 of Schedule 1 and in force immediately before the commencement of section 8 or a tenure created by a subdivision of such a tenure.
the Register means the Register kept under the Real Property Act 1900.
Water Administration Ministerial Corporation means the corporation of that name constituted by the Water Management Act 2000.(2) Expressions used in this Act have the same meaning as they have in the Principal Act unless a contrary intention appears.(3) In this Act:(a) a reference to a function includes a reference to a power, authority and duty, and(b) a reference to the exercise of a function includes, in relation to a duty, a reference to the performance of the duty.(4) Notes included in this Act do not form part of this Act.
This Act applies to and in respect of:(a) land in the Eastern and Central Division (and land in special land districts that are not in the Eastern and Central Division),(b) holdings and permissive occupancies created under the Crown Lands Acts and situated in the Western Division,(c) incomplete purchases of land formerly comprised in leases under the Western Lands Act 1901 and land formerly comprised in those incomplete purchases, and(d) land formerly comprised in incomplete purchases created under the Crown Lands Acts and situated in the Western Division.