Schedule 7A Purchase of perpetual leases—special arrangements
(Clause 4A of Part 2 of Schedule 2)
(1) This Schedule applies to a perpetual lease the rent of which is not, as at 1 July 2004, subject to redetermination.(2) This Schedule supplements Schedule 7 in relation to the purchase of land subject to a lease referred to in subclause (1). However, in the event of any inconsistency between this Schedule and Schedule 7, this Schedule prevails.(3) Subject to subclause (4), this Schedule does not apply to a perpetual lease of land situated in the Western Division.(4) The regulations may apply this Schedule, with or without modifications, in respect of a perpetual lease of land situated in the Western Division.(5) For avoidance of doubt, the rent of a lease is not to be regarded as being subject to redetermination merely because the holder of the lease had the option, at or before 1 July 2004, of applying to the Minister for a redetermination of rent under clause 10 of Schedule 5. However, such a lease is to be regarded as being subject to redetermination if such an application was granted before 1 July 2004.
Part 2 Special arrangements for purchase
2 Lease holders to be given notice of special arrangements
(1) The Minister may, by notice in writing given to the holder of a lease to which this Schedule applies, invite the holder of the lease to apply to purchase the land comprised in the lease.(2) The notice (referred to in this Schedule as a special purchase notice) is to advise the holder of the lease of the effect of this Schedule with regard to the purchase price of the land and redetermination of rent.(3) A special purchase notice is to be in such form as the Minister approves.
(1) The purchase price of the land comprised in a lease to which this Schedule applies is the special purchase price, or the purchase price that would apply under Schedule 7 but for this Schedule, whichever is the lower.(2) The special purchase price is 3 per cent of the land value of the land (within the meaning of the Valuation of Land Act 1916) as at the date the application to purchase the land is made under Schedule 7.(3) For the purpose of determining the special purchase price, if the land value of the land is entered in the Register of Land Values kept under the Valuation of Land Act 1916 as at the date of an application to purchase the land, the land value at that date is taken to be the value so entered in the Register.(4) This clause does not apply in respect of an application for purchase made before 1 July 2004.
Part 3 Redetermination of rent
4 Annual rent of land becomes subject to redetermination if not purchased
(1) The rent of a lease to which this Schedule applies becomes subject to redetermination at the end of the period of 2 years (the 2-year period) after a special purchase notice is given to the holder of the lease, subject to this clause.(2) If an application is made by the holder of the lease, or a transferee, to purchase the whole of the land comprised in the lease before the end of the 2-year period, and the application is not determined by the end of that period, the Minister may, despite clause 5, defer or waive the redetermination of the rent for such period as the Minister considers appropriate.(3) If an application is made by the holder of the lease, or a transferee, to purchase the whole of the land comprised in the lease before the end of the 2-year period, and the application is refused by the Minister under Schedule 7, the rent of the lease, following redetermination to market rent by the Minister, is to be discounted, as the Minister considers appropriate, so that the holder of the lease is not required to pay such part of that market rent as exceeds the base amount.(4) If an application is made by the holder of the lease, or a transferee, to purchase the whole of the land comprised in the lease before the end of the 2-year period, and the application as to part of the land is refused by the Minister under Schedule 7, the rent of that part of the lease, following redetermination to market rent by the Minister, is to be discounted, as the Minister considers appropriate, so that the holder of the lease is not required to pay such part of that market rent as exceeds the base amount.(5) For the purposes of this clause, the base amount is the amount of rent that the Minister determines the holder would have been required to pay on a due date for rent in respect of the lease, or part of the lease, if the annual rent of the lease or part had not become subject to redetermination and had been determined in accordance with section 4D.
5 Provisions applicable to redeterminations
(1) If the rent of a lease becomes subject to redetermination under this Schedule, the Minister is to redetermine the rent payable in respect of the lease as provided by this clause.(2) A redetermination of rent is to be made, as provided by this clause, in respect of each rent review date.(3) Rent review dates for the lease are as follows:(a) the first rent review date is the first due date in respect of the rent occurring on or after the end of the 2-year period (referred to in clause 4), or such later due date as may be determined by the Minister,(b) thereafter, rent review dates fall on each third anniversary of the previous rent review date.(4) A redetermination of rent in respect of the first rent review date for a lease under this clause:(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 lease under this clause:(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) Any redetermination of rent or adjustment of rent following a redetermination does not become due and payable, for the purpose of calculating interest, until the date notified to the holder of the lease by the Minister as being the due date in respect of the rent or adjustment.(7) For avoidance of doubt, this clause does not affect the operation of clauses 11 and 12 of Schedule 5 in respect of a lease.
6–8(Repealed)
9 Consultation and concurrence requirements in relation to certain leases
(1) If an application is made to purchase land comprised in a lease to which this Schedule applies, and the lease is a Crown-lease, a settlement lease or a prickly-pear lease, the Minister is to consult with each of the relevant Ministers before making any of the following decisions:(a) a decision to grant or refuse the application,(b) a decision to impose restrictions or public positive covenants in accordance with Part 4A of the Principal Act on the land the subject of the application,(c) a decision to release, vary, rescind or revoke any such restriction or covenant,(d) a decision to grant concurrence under section 28 (4) of the Environmental Planning and Assessment Act 1979 in relation to a provision of an environmental planning instrument that affects the operation of a restriction or covenant imposed by the Minister in accordance with this Schedule.(2) If, in relation to the purchase of land comprised in a lease to which this Schedule applies, a covenant preventing or restricting subdivision is imposed by the Minister in accordance with section 77B of the Principal Act, the Minister is required to obtain the concurrence of each relevant Minister before:(a) consenting to the subdivision of the land, or(b) releasing, varying, rescinding or revoking any such covenant, or(c) granting concurrence under section 28 (4) of the Environmental Planning and Assessment Act 1979 in relation to a provision of an environmental planning instrument that affects the operation of any such covenant.(3) For the purposes of this clause, each of the following Ministers is a relevant Minister:(a) the Minister administering the National Parks and Wildlife Act 1974,(b) the Minister administering the Threatened Species Conservation Act 1995,(c) the Minister administering the Wilderness Act 1987.
10 Concurrence requirements in relation to national parks, wilderness areas and other prescribed land
(1) This clause applies to any lease to which this Schedule applies that:(a) adjoins or abuts, or is within 100 metres of, land reserved or dedicated under the National Parks and Wildlife Act 1974, or(b) is within, or comprises or contains, or is part of, or adjoins or abuts, or is within 100 metres of:(i) a wilderness area within the meaning of the Wilderness Act 1987, or(ii) land that is for the time being identified as wilderness under that Act, or(c) comprises or contains land prescribed by the regulations.(2) In relation to land comprised in a lease to which this clause applies, the Minister is required to obtain the concurrence of each relevant Minister (as referred to in clause 9) before:(a) releasing, varying, rescinding or revoking a covenant that has been imposed on the land, or(b) approving any act, matter or thing that would, but for the approval, contravene any such covenant, or(c) granting concurrence under section 28 (4) of the Environmental Planning and Assessment Act 1979 in relation to a provision of an environmental planning instrument that affects the operation of a covenant that has been imposed on the land.(3) In this clause:covenant means a restriction on use or public positive covenant imposed in accordance with Part 4A of the Principal Act.