Crown Lands and Irrigation Legislation Amendment (Removal of Transfer Restrictions) Act 1997 (NSW)
New South Wales
Crown Lands and Irrigation
Legislation Amendment (Removal of
Transfer Restrictions) Act 1997No 111
Contents
Page
1 Name of Act 2 2 Commencement 2 3 Amendment of Crown Lands (Continued Tenures) Act 1989 No 7 2 4 Amendment of Hay Irrigation Act 1902 No 57 2 5 Amendment of Wentworth Irrigation Act 1890 54 Vic No 7 2 Schedules
1 Amendment of Crown Lands (Continued Tenures) Act
1989 3 2
Amendment of Hay Irrigation Act 1902 8 3
Amendment of Wentworth Irrigation Act 1890 11
New South Wales
Crown Lands and Irrigation
Legislation Amendment (Removal of
Transfer Restrictions) Act 1997No 111
Act No 111, 1997
An Act to amend the Crown Lands (Continued Tenures) Act 1989, the Hay Irrigation Act 1902 and the Wentworth Irrigation Act 1890 so as to remove certain restrictions on the transfer of land; and for other purposes. [Assented to 9 December 1997]
| Section 1 | Crown Lands and Irrigation Legislation Amendment (Removal of Transfer Restrictions) Act 1997 No 111 |
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Crown Lands and Irrigation Legislation
Amendment (Removal of Transfer Restrictions) Act 1997.
2 Commencement
This Act commences on the date of assent.
3 Amendment of Crown Lands (Continued Tenures) Act 1989 No 7
The Crown Lands (Continued Tenures) Act 1989 is amended as set out in Schedule 1.
Amendment of Hay Irrigation Act 1902 No 57
The Hay Irrigation Act 1902 is amended as set out in Schedule 2.
5 Amendment of Wentworth Irrigation Act 1890 54 Vic No 7
The Wentworth Irrigation Act 1890 is amended as set out in
Schedule 3.Crown Lands and Irrigation Legislation Amendment (Removal of Transfer Restrictions) Act 1997 No 111
Amendment of Crown Lands (Continued Tenures) Act 1989 Schedule 1 Schedule 1 Amendment of Crown Lands
(Continued Tenures) Act 1989
(Section 3)
Section 3 Definitions
Omit “ , a yearly lease” from the definition of holding in section
3 (1).
Section 3 (1), definitions of “quarry licence” and “yearly lease” Omit the definitions.
Section 4 Application of Act
Omit “ , permissive occupancies and quarry licences” from section
4 (b).Insert instead “and permissive occupancies”.
Section 5 Continued tenures
Omit “ , occupancy or licence” from section 5 (2).
Insert instead “or occupancy”.
Section 5 (4)
Omit “, yearly lease” from paragraph (b) of the definition of tenure.
Section 5 (4)
Omit paragraph (d) from the definition of tenure.
Section 6 Incomplete purchases etc Omit section 6 (2) and (4).
Section 9 Yearly leases
Omit the section.
Section 12 Quarry licences
Omit the section.
Crown Lands and Irrigation Legislation Amendment (Removal of Transfer Restrictions) Act 1997 No 111
| Schedule 1 | Amendment of Crown Lands (Continued Tenures) Act 1989 |
Section 14 Freehold land acquired by way of exchange- transfer restrictions
Omit the section.
Section 15 Land held with closer settlement build-up holdings- transfer restrictions
Omit the section.
Schedule 1 Continued tenures
Omit Part 4.
Schedule 2 Provisions applicable to continued tenures etc
Omit clause 2 (b) and (c) of Part 1.
Schedule 2, Part 4
Omit the Part.
Schedule 2, Part 7
Omit the Part.
Schedule 3 Transfer restrictions
Omit “(Sections 14, 15, Parts 1–3, 5 of Schedule 2, clause 7 (3) of
Schedule 7)” from the heading to Schedule 3. Insert instead “(Parts 2, 3 and 5 of Schedule 2)”.
Schedule 3, Part 1, clause 1
Omit “ , or formerly comprised, in a holding”.
Insert instead “in a perpetual lease, a term lease or a special lease”.
Schedule 3, Part 1
Omit clause 1 (b).
Crown Lands and Irrigation Legislation Amendment (Removal of Transfer Restrictions) Act 1997 No 111
Amendment of Crown Lands (Continued Tenures) Act 1989 Schedule 1 Schedule 3, Part 1
Omit clause 2 (2) (b).
Schedule 3, Part 1
Omit “comprised, or formerly comprised, in an incomplete purchase or” from clause 2 (2) (c).
Schedule 3, Part 1
Omit clause 5 (2)–(6).
Schedule 3 , Part 1
Omit clauses 6 and 7.
Schedule 3 , Part 1
Omit clause 8 (2A), (2B), (3) and (4).
Schedule 3, Part 1
Omit clause 9.
Schedule 3, Part 2 heading
Omit “, auction and tender purchases and town land leases and purchases”.
Insert instead “and town land leases”.
Schedule 3, Part 2
Omit “, or formerly comprised,” from clause 1 .
Schedule 3, Part 2
Omit clause 1 (b).
Crown Lands and Irrigation Legislation Amendment (Removal of Transfer Restrictions) Act 1997 NO 111
| Schedule 1 | Amendment of Crown Lands (Continued Tenures) Act 1989 |
Schedule 3 , Part 2
Omit “comprised, or formerly comprised, in an incomplete purchase or” from clause 2 (2) (b).
Schedule 3, Part 2
Omit clause 6 (3).
Schedule 3, Part 2
Omit clause 6 (5) (b) and (c).
Schedule 3, Part 3
Omit the Part.
Schedule 4 Subdivision of holdings
Omit “irrigation areas” from the heading to clause 6.
Insert instead “special land districts”.
Schedule 4, clause 6
Insert “(as in force before its amendment by the Crown Lands and Irrigation Legislation Amendment (Removal of Transfer Restrictions) Act 1997)” after “Schedule 3 (removal of restrictions on transfer)”.
Schedule 5 Rent etc Omit “ , a yearly lease” from clause 1 (1).
Schedule 5, clause 7
Omit the clause.
Schedule 7 Purchase of land held under lease
Omit clause 7 of Part 1.
Crown Lands and Irrigation Legislation Amendment (Removal of Transfer Restrictions) Act 1997 No 111
Amendment of Crown Lands (Continued Tenures) Act 1989 Schedule 1 Schedule 7, Part 2
Omit clause 5.
Schedule 8 Savings and transitional provisions
Insert at the end of clause 1 (1):
Schedule 1 to the Crown Lands and Irrigation LegislationAmendment (Removal of Transfer Restrictions) Act 1997
Schedule 8, Part 3 Insert at the end of the Schedule:
Part 3 Provisions consequent on enactment of Crown Lands and Irrigation Legislation Amendment (Removal of Transfer Restrictions) Act 1997
4 Definition
In this Part:
amending Act means the Crown Lands and Irrigation Legislation Amendment (Removal of Transfer Restrictions) Act 1997.
5 Applications for consent to transfer
An application for consent made under clause 4 of Part 1 of Schedule 3 that was not determined before the amendment of clause 5 of Part 1 of Schedule 3 by Schedule 1 [21] to the amending Act is to be dealt with under clause 5 of Part 1 of Schedule 3 as so amended.
6 Certain references on folios of the Register. to cease to
have effect
On commencement of the amending Act, any reference to Part 1 or 2 of Schedule 3 on a folio of the Register created in respect of an incomplete purchase or land formerly comprised in an incomplete purchase ceases to have effect in respect of that purchase or land.
Crown Lands and Irrigation Legislation Amendment (Removal of Transfer Restrictions) Act 1997 No 111
| Schedule 2 | Amendment of Hay Irrigation Act 1902 |
| Schedule 2 | Amendment of Hay Irrigation Act 1902 |
(Section 4)
Section 19A Power to sell land
Omit “Minister” from section 19A (7) (b).
Insert instead “Ministerial Corporation”.
Section 19B Purchase price of leased lands
Omit “Minister’s” from section 19B (4) (b).
Insert instead “Ministerial Corporation’s”.
Section 20 Application of Part
Omit section 20 (c).
Section 21 Consent to transfer
Omit section 21 (2) (b).
Section 24 Dealing with applications
Omit “due to the Minister or the Ministerial Corporation” from
section 24 (2) (a).
Insert instead “due to the Ministerial Corporation”.
Section 24 (2) (a)
Omit “required to be paid by the Minister or the Ministerial
Corporation”.
Insert instead “required by the Ministerial Corporation to be paid”.
Section 24 (2) (b)
Insert “if the land is land in the course of purchase in fee simple from the Ministerial Corporation,” before “the proposed transferee”.
Section 24 (2) (b) (i)
Omit “Minister or”.
Crown Lands and Irrigation Legislation Amendment (Removal of Transfer Restrictions) Act 1997 No 111
Amendment of Hay Irrigation Act 1902 Schedule 2 Section 24 (2) (b) (i)
Omit “Minister as the Minister may require or to the”.
Section 24 (3)–(7)
Omit the subsections.
Section 25 Restrictions on exercise of mortgagee’s powers
Omit the section.
Section 26 Devolution under a will or on intestacy
Omit the section.
Section 27 Removal of restrictions
Omit the section.
Section 28 Valuation of land
Omit the section.
Section 28A Savings and transitional provisions
Omit the section.
Section 30 Omit the section. Insert instead:
30 Savings and transitional provisions
The Third and Fourth Schedules have effect.
Fourth Schedule Savings and transitional provisions
Omit “(Section 28A)” from the heading to the Schedule.
Insert instead “(Section 30)”.
Crown Lands and Irrigation Legislation Amendment (Removal of Transfer Restrictions) Act 1997 No 111
| Schedule 2 | Amendment of Hay irrigation Act 1902 |
Fourth Schedule
Insert at the end of clause 1 (1):
Schedule 2 to the Crown Lands and Irrigation Legislation Amendment (Removal of Transfer
Restrictions) Act 1997
Fourth Schedule, clause 3 heading
Omit “removal of transfer restrictions”.
Insert instead “consent to transfer”.
Fourth Schedule, clause 3
Omit “under Part 3”. Insert instead “under section 23”.
Fourth Schedule, Part 3
Insert at the end of the Schedule:
Part 3
Provisions consequent on enactment of Crown Lands and Irrigation Legislation Amendment (Removal of Transfer
Restrictions) Act 1997
4 Definition
In this Part:
amending Act means the Crown Lands and Irrigation Legislation Amendment (Removal of Transfer Restrictions) Act 1997.
5 Applications for consent to transfer
An application for consent made under section 23 that was not determined before the amendment of section 24 by Schedule 2 [10] to the amending Act is to be dealt with under section 24 as so amended.
Crown Lands and Irrigation Legislation Amendment (Removal of Transfer Restrictions) Act 1997 No 111
Amendment of Wentworth Irrigation Act 1890 Schedule 3 Schedule 3 Amendment of Wentworth irrigation
Act 1890
(Section 5)
Section 22B Power to sell land
Omit “Minister” from section 22B (7) (b).
Insert instead “Ministerial Corporation”.
Section 22C Purchase price of leased lands
Omit “Minister’s” from section 22C (4) (b).
Insert instead “Ministerial Corporation’s”.
Section 23 Application of Part
Omit section 23 (c).
Section 24 Consent to transfer
Omit section 24 (2) (b).
Section 27 Dealing with applications
Omit “due to the Minister or the Ministerial Corporation” from
section 27 (2) (a).Insert instead “due to the Ministerial Corporation”.
Section 27 (2) (a) Omit “required to be paid by the Minister or the Ministerial
Corporation”.Insert instead “required by the Ministerial Corporation to be paid”.
Section 27 (2) (b)
Insert “if the land is land in the course of purchase in fee simple from the Ministerial Corporation,” before “the proposed transferee”.
Crown Lands and Irrigation Legislation Amendment (Removal of Transfer Restrictions) Act 1997 No 111
| Schedule 3 | Amendment of Wentworth Irrigation Act 1890 |
Section 27 (2) (b) (i)
Omit “Minister or”.
Section 27 (2) (b) (i)
Omit “Minister as the Minister may require or to the”.
Section 27 (3)–(7)
Omit the subsections.
Section 28 Restrictions on exercise of mortgagee’s powers
Omit the section.
Section 29 Devolution under a will or on intestacy
Omit the section.
Section 30 Removal of restrictions
Omit the section.
Section 31 Valuation of land
Omit the section.
Section 32 Savings and transitional provisions Omit the section.
Section 35
Omit the section. Insert instead:
35 Savings and transitional provisions
Schedules 2 and 3 have effect.
Crown Lands and Irrigation Legislation Amendment (Removal of Transfer Restrictions) Act 1997 No 111
Amendment of Wentworth Irrigation Act 1890 Schedule 3 [17] Schedule 3 Savings and transitional provisions
Omit “(Section 32)” from the heading to the Schedule.
Insert instead “(Section 35)”.[18] Schedule 3
Insert at the end of clause 1 (1):
Schedule 3 to the Crown Lands and Irrigation
Legislation Amendment (Removal of Transfer
Restrictions) Act 1997
[19] Schedule 3, clause 3 heading
Omit “removal of transfer restrictions”.
Insert instead “consent to transfer”.[20] Schedule 3, clause 3
Omit “under Part 3”. Insert instead “under section 26”.
[21] Schedule 3, Part 3
Insert at the end of the Schedule:
Part 3
Provisions consequent on enactment of Crown Lands and Irrigation Legislation Amendment (Removal of Transfer
Restrictions) Act 1997
4 Definition
In this Part:
amending Act means the Crown Lands and Irrigation Legislation Amendment (Removal of Transfer Restrictions) Act 1997.
Crown Lands and Irrigation Legislation Amendment (Removal of Transfer Restrictions) Act 1997 No 111
| Schedule 3 | Amendment of Wentworth irrigation Act 1890 |
5 Applications for consent to transfer
An application for consent made under section 26 that was not determined before the amendment of section 27 by Schedule 3 [10] to the amending Act is to be dealt with under section 27 as so amended.
[Minister’s second reading speech made in—
Legislative Assembly on 12 November 1997
Legislative Council on 26 November 1997]
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