Crown Lands and Irrigation Legislation Amendment (Transfer Restrictions) Act 1997 (NSW)
New South Wales
Crown Lands and Irrigation
Legislation Amendment (Transfer
Restrictions) Act 1997 No 67
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 7 3
Amendment of Wentworth Irrigation Act 1890 16
New South Wales
Crown Lands and Irrigation
Legislation Amendment (TransferRestrictions) Act 1997 No 67
Act No 67, 1997
An Act to amend the Crown Lands (Continued Tenures) Act 1989, the Hay
Irrigation Act I902 and the Wentworth Irrigation Act 1890 in relation to the
removal of certain restrictions on the transfer of land; and for other purposes.
[Assented to 10 July 1997]
| S e c t i o n 1 | Crown Lands and Irrigation Legislation Amendment (Transfer Restrictions) Act 1997 No 67 |
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Crown Lands and Irrigation Legislation
Amendment (Transfer Restrictions) Act 1997.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
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 (Transfer Restrictions) Act 1997 No 67
Amendment of Crown Lands (Continued Tenures) Act 1989 Schedule 1 Schedule 1 Amendment of Crown Lands
(Continued Tenures) Act 1989
(Section 3)
Section 19
Insert after section 18:
19 Savings and transitional provisions
Schedule 8 has effect.
Schedule 2 Provisions applicable to continued tenures etc
Omit clause 8 of Part 1.
Schedule 2, Part 2
Omit clause 7.
Schedule 3 Transfer restrictions
Omit “(other than an incomplete purchase in a special land district)” from clause 2 (2) (b) of Part 1.
Schedule 3, Part 1
Omit “(other than land in a special land district)” from clause 2
(2) (c). Schedule 3, Part 1
Omit clause 5 (5) (b).
Schedule 3, Part 1
Omit “(other than land in a special land district)” from clause 8 (1).
Crown Lands and Irrigation Legislation Amendment (Transfer Restrictions) Act 1997 No 67
| Schedule 1 | Amendment of Crown Lands (Continued Tenures) Act 1989 |
Schedule 3, Part 1
Insert after clause 8 (2):
(2A) Such a certificate may also be issued by the Minister if
(a)
the land was formerly comprised in an irrigation farm purchase or in an incomplete purchase under this Act of land comprised in an irrigation farm lease, and
(b) the land does not exceed 2 hectares in area. (2B) Such a certificate may also be issued by the Minister if
(a)
the land was formerly comprised in a non-irrigable purchase or in an incomplete purchase under this Act of land comprised in a non-irrigable lease, and
(b)
the land is, in the opinion of the Minister, primarily suitable for residential, commercial, industrial or business purposes, and
(c)
the land is declared by the Minister, by notification published in the Gazette, to be non-farming land.
Schedule 3, Part 1
Omit clause 10.
Schedule 3, Part 2
Omit “(other than land in a special land district)” from clause 2
(2) (b).Schedule 4 Subdivision of holdings
Omit “clause 10” from clause 6. Insert instead “clause 8”.
Schedule 7 Purchase of land held under lease
Omit clause 7 of Part 2.
Crown Lands and Irrigation Legislation Amendment (Transfer Restrictions) Act 1997 No 67
Amendment of Crown Lands (Continued Tenures) Act 1989 Schedule 1 [13] Schedule 8
Insert after Schedule 7:
Schedule 8 Savings and transitional provisions
(Section 19)
Part 1 General 1 Savings and transitional regulations
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of:
Schedule 1 to the Crown Lands and Irrigation
Legislation Amendment (Transfer Restrictions) Act 1997
Such a provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
To the extent to which such a provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a)
to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b)
to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Provisions consequent on enactment of Crown Lands and Irrigation Legislation Amendment (Transfer Restrictions) Act 1997 2 Definition
In this Part:
amending Act means the Crown Lands and Irrigation Legislation Amendment (Transfer Restrictions) Act 1997.
Crown Lands and lrrigation Legislation Amendment (Transfer Restrictions) Act 1997 No 67
Schedule 1 Amendment of Crown Lands (Continued Tenures) Act 1989 3 Applications for removal of certain restrictions on
transfer
An application for a certificate from the Minister made under clause 10 of Part 1 of Schedule 3 that was not determined before the repeal of that clause by Schedule 1 [9] to the amending Act is taken to be an application made under clause 8 of Part 1 of Schedule 3 as amended by Schedule 1 [7] and [8] to the amending Act.
Crown Lands and Irrigation Legislation Amendment (Transfer Restrictions) Act 1997 No 67
Amendment of Hay Irrigation Act 1902 Schedule 2 Schedule 2 Amendment of Hay Irrigation Act 1902
(Section 4)
[1] Section 17A Restrictions as to assigns of holdings
Omit the section.
[2] Part 3 (sections 20-28)
Insert after section 19C:
Part 3 Transfer restrictions 20 Application of Part This Part applies to the following land:
(a)
a lease from the Ministerial Corporation of land within the Area,
(b)
land within the Area in course of purchase in fee simple from the Ministerial Corporation,
(c)
land within the Area, the fee simple of which was transferred from the Ministerial Corporation before the commencement of this Part.
21 Consent to transfer
(1)
Land to which this Part applies may not be transferred, leased, subleased, assigned or otherwise dealt with without the written consent of the Ministerial Corporation.
(2) Subsection (1) does not apply to:
(a) a mortgage or discharge of mortgage, or (b)
a lease of land the fee simple of which has been transferred from the Ministerial Corporation, or
(c)
a transfer to a Minister on behalf of the Crown or to a public authority.
Crown Lands and Irrigation Legislation Amendment (Transfer Restrictions) Act 1997 No 67
| Schedule 2 | Amendment of Hay Irrigation Act 1902 |
(3) In this section:
public authority means:
(a) a council within the meaning of the Local
Government Act 1993, or
(b)
a public body declared by the Minister, by order published in the Gazette, to be a public authority for the purposes of this section.
22 Invalidation of certain dealings
A transfer, lease, sublease, assignment or other dealing in contravention of this Part is not valid for any purpose.
23 Application for consent
An application for consent is to be made as prescribed by the regulations.
24 Dealing with applications
(1) The Ministerial Corporation has discretion to give or refuse consent to a dealing with land to which this Part applies. (2) The Ministerial Corporation may not consent to a dealing unless and until the Ministerial Corporation is satisfied that:
(a) the whole of any money due to the Minister or the Ministerial Corporation in respect of the land the subject of the dealing, or such portion of that sum as may be required to be paid by the Minister or the Ministerial Corporation, has been paid, and (b) the proposed transferee or assignee: (i) has signed an agreement that all money (if any) remaining owing to the Minister or Ministerial Corporation in respect of the land is to be paid by that person and that the person will execute such security for the payment of all money owing to the Minister as the Minister may require or to the Ministerial Corporation as the Ministerial Corporation may require, and
(ii) has executed such security.
Crown Lands and Irrigation Legislation Amendment (Transfer Restrictions) Act 1997 No 67
Amendment of Hay Irrigation Act 1902 Schedule 2
(3)
The Ministerial Corporation may not consent to a dealing if, in the Ministerial Corporation’s opinion, the dealing will result in any one person holding an area of land that is substantially in excess of a home maintenance area.
(4) Subsection (3) does not prevent the Ministerial
Corporation consenting to a dealing if
(a) the dealing is required by a court order, or (b) the parcel of land involved is a small holding, or (c)
the land is land referred to in subsection (5) and the Ministerial Corporation is of the opinion that the dealing would be in the best interests of land utilisation even though it would result in the proposed transferee holding substantially more than a home maintenance area, or
(d)
the land is of a class prescribed by the regulations or is to be used for a purpose prescribed by the regulations.
(5) The land referred to in this subsection is land that, in the
opinion of the Ministerial Corporation:
(a)
has, as its best practicable use, and is required for, the exploitation of its timber or its reafforestation for the production of commercial timber, or
(b)
is required in order to establish, maintain, expand or develop an industry, or
(c)
is required for any special purpose approved by the Ministerial Corporation, or
(d)
is of inferior character, or is rough or undeveloped, or has poor access or other disadvantage, and the dealing is the best practicable way of ensuring its development, or
(e)
cannot reasonably be disposed of otherwise than by the proposed dealing.
Crown Lands and lrrigation Legislation Amendment (Transfer Restrictions) Act 1997 No 67
| Schedule 2 | Amendment of Hay Irrigation Act 1902 |
(6)
In determining whether an area of land is or is not substantially in excess of a home maintenance area, the Ministerial Corporation must not take into account any land held under a lease then having less than 5 years to run (unless the lease confers a right to purchase the freehold).
(7) In this section: home maintenance area means an area which, when used for the purpose for which it is reasonably fitted, would be sufficient for the maintenance in average seasons and circumstances of an average family.
25 Restrictions on exercise of mortgagee’s powers
A mortgagee who exercises a power to enter into possession of mortgaged land may hold the land for 3 years or such longer period as the Ministerial Corporation approves.
A mortgagee may not, without the Ministerial
Corporation’s consent:
(a) enter into possession of the same mortgaged land more than once, or (b) obtain an order for foreclosure. A dealing with land by a mortgagee as such is subject to any other provision of this Part.
mortgaged land does not, during the period for which the If a mortgagee who has entered into possession of mortgagee is entitled to hold the land, transfer the land or obtain an order for foreclosure:
(a) the estate or interest of the mortgagee and any other person in the land may be forfeited to the Crown, or (b) if the land is land from which the Ministerial Corporation may, under this Part, remove restrictions on a transfer or other dealing, the Ministerial Corporation may certify that this Part has ceased to apply to the land.
Crown Lands and Irrigation Legislation Amendment (Transfer Restrictions) Act 1997 No 67
Amendment of Hay Irrigation Act 1902 Schedule 2
(5) If the Ministerial Corporation gives a certificate under
subsection (4) (b):
(a)
the mortgagee becomes liable to pay to the Crown any amount that would have been payable had the holder of the land applied for a certificate under this Part dispensing with the Ministerial Corporation’s consent to a transfer of the land, and
(b)
the amount is payable not later than 3 months after demand for the payment is made.
26 Devolution under a will or on intestacy
(1)
A person on whom land to which this Part applies devolves under a will or on intestacy may hold the land for 3 years, or such longer period as the Ministerial Corporation approves, after the death of the testator or intestate.
(2)
If the person does not, within that period, sell the land or obtain the Ministerial Corporation’s consent to hold the land:
(a)
the estate or interest of that and any other person in the land may be forfeited to the Crown, or
(b)
if the land is land from which the Ministerial corporation may, under this Part, remove the transfer restrictions, the Ministerial Corporation may certify that this Part has ceased to apply to the land.
(3) If the Ministerial Corporation gives a certificate under
subsection (2) (b):
(a)
the holder of the land is liable to pay to the Crown any amount that would have been payable had the holder applied for a certificate dispensing with the Ministerial Corporation’s consent to a transfer of the land, and
(b)
that amount is payable not later than 3 months after demand for the payment is made.
(4) Any dealing with the land under this section is subject to
the other provisions of this Part.
Crown Lands and Irrigation Legislation Amendment (Transfer Restrictions) Act 1997 No 67
| Schedule 2 | Amendment of Hay irrigation Act 1902 |
(5)
Section 24 applies to an application under subsection (2) for the Ministerial Corporation’s consent to hold land in the same way as it applies to an application for consent to a dealing.
27 Removal of restrictions
A holder of land to which this Part applies may apply to the Ministerial Corporation for the issue of a certificate that the land may be transferred, leased, subleased, assigned or otherwise dealt with without the consent of the Ministerial Corporation.
Such a certificate may be issued by the Ministerial Corporation if the fee simple of the land has been transferred from the Ministerial Corporation and:
(a) the land does not exceed 2 hectares in area, or (b) an amount equivalent to 3 per cent of the land value of the land (as shown in a current notice of valuation issued by the Valuer-General under section 28) is paid to the Crown. The Ministerial Corporation is to deduct from the amount referred to in subsection (2) any fee paid by the applicant to the Valuer-General in respect of the notice of valuation.
If the Ministerial Corporation issues a certificate under this section in respect of any land, the Ministerial Corporation’s consent is not required to any subsequent
dealing with, the land. transfer, lease, sublease or assignment of, or other The effect of the issue of a certificate is to be recorded by the Registrar-General in the Register kept under the
Real Property Act 1900. In this section:
holder includes a mortgagee in possession.
Crown Lands and Irrigation Legislation Amendment (Transfer Restrictions) Act 1997 No 67
Amendment of Hay Irrigation Act 1902 Schedule 2 28 Valuation of land
In this section:
holder includes a mortgagee in possession.
land value has the same meaning as it has in the Valuation of Land Act 1916. On application, the Valuer-General:
(a)
is to determine (as at the date on which the application is made) the land value of any land to which this Part applies, and
(b)
is to issue to the applicant (and, if the applicant is not the holder, to the holder) a notice of the valuation.
The provisions of Parts 3 (Notices and objections) and 4 (Appeals to the Land and Environment Court) of the
Valuation of Land Act 1916 apply to a valuation under this section in the same way as they apply to a valuation
under that Act.A reference in Part 3 of the Valuation of Land Act 1916 to the owner of a freehold estate includes, for the purposes of this section, a reference to a holder of land to which this Part applies.
A notice of valuation remains current for a period of 1 year from the date of issue or for such other period as
may be prescribed by the regulations.
If an objection is lodged, the period referred to in
objection is finally dealt with. subsection (5) commences from the date on which the Except as provided by this section, the Valuation of Land Act 1916 (section 79 excepted) does not apply to a A determination of land value under this section may be
used for the purposes of this Part only.valuation under this section. section is to pay to the Valuer-General such fees as may be determined by the Valuer-General.
Crown Lands and Irrigation Legislation Amendment (Transfer Restrictions) Act 1997 No 67
| Schedule 2 | Amendment of Hay Irrigation Act 1902 |
Part 4, heading
Insert “Part 4 Miscellaneous” before section 29.
[4] Section 28A
Insert before section 29:
28A Savings and transitional provisions
The Fourth Schedule has effect.
[5] Fourth Schedule
Insert after the Third Schedule:
Fourth Schedule Savings and transitional provisions (Section 28A)
Part 1 General 1 Savings and transitional regulations
(1) The regulations may contain provisions of a savings or
transitional nature consequent on the enactment ofSchedule 2 to the Crown Lands and Irrigation Legislation Amendment (Transfer Restrictions) Act I997 (2)
Such a provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3)
To the extent to which such a provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a)
to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
Crown Lands and Irrigation Legislation Amendment (Transfer Restrictions) Act 1997 No 67
Amendment of Hay Irrigation Act 1902 Schedule 2
(b)
to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Part 2
Provisions consequent on enactment of Crown Lands and Irrigation Legislation Amendment (Transfer Restrictions) Act 1997
2 Definition
In this Part:
amending Act means the Crown Lands and Irrigation Legislation Amendment (Transfer Restrictions) Act 1997.
3 Applications for removal of transfer restrictions
An application for consent made under section 17A that was not determined before the repeal of that section by Schedule 2 [l] to the amending Act is taken to be an application made under Part 3 as inserted by Schedule 2 [2] to the amending Act.
Crown Lands and lrrigation Legislation Amendment (Transfer Restrictions) Act 1997 No 67
| Schedule 3 | Amendment of Wentworth Irrigation Act 1890 |
| Schedule 3 | Amendment of Wentworth Irrigation Act 1890 |
(Section 5)
Preamble
Omit “the Schedule”. Insert instead “Schedule 1”.
Section 22A Restrictions as to assigns of holdings
Omit the section.
Part 3 (sections 23-31)
Insert after section 22D:
Part 3 Transfer restrictions 23 Application of Part This Part applies to the following land:
(a)
a lease from the Ministerial Corporation of land within the Area,
(b)
land within the Area in course of purchase in fee simple from the Ministerial Corporation,
(c)
land within the Area, the fee simple of which was transferred from the Ministerial Corporation before the commencement of this Part.
24 Consent to transfer
(1)
Land to which this Part applies may not be transferred, leased, subleased, assigned or otherwise dealt with without the written consent of the Ministerial Corporation.
(2) Subsection ( l ) does not apply to:
(a) a mortgage or discharge of mortgage, or (b)
a lease of land the fee simple of which has been transferred from the Ministerial Corporation, or
(c)
a transfer to a Minister on behalf of the Crown or to a public authority.
Crown Lands and Irrigation Legislation Amendment (Transfer Restrictions) Act 1997 No 67
Amendment of Wentworth irrigation Act 1890 Schedule 3
(3) In this section:
public authority means:
(a) a council within the meaning of the Local
Government Act 1993, or (b)
a public body declared by the Minister, by order published in the Gazette, to be a public authority for the purposes of this section.
25 Invalidation of certain dealings
A transfer, lease, sublease, assignment or other dealing
in contravention of this Part is not valid for any purpose.
26 Application for consent
An application for consent is to be made as prescribed by the regulations.
27 Dealing with applications
(1) The Ministerial Corporation has discretion to give or refuse consent to a dealing with land to which this Part applies. (2) The Ministerial Corporation may not consent to a dealing unless and until the Ministerial Corporation is satisfied that:
(a) the whole of any money due to the Minister or the Ministerial Corporation in respect of the land the subject of the dealing, or such portion of that sum as may be required to be paid by the Minister or the Ministerial Corporation, has been paid, and (b) the proposed transferee or assignee: (i) has signed an agreement that all money (if any) remaining owing to the Minister or Ministerial Corporation in respect of the land is to be paid by that person and that the person will execute such security for the payment of all money owing to the Minister as the Minister may require or to the Ministerial Corporation as the Ministerial Corporation may require, and
(ii) has executed such security.
Crown Lands and Irrigation Legislation Amendment (Transfer Restrictions) Act 1997 No 67
| Schedule 3 | Amendment of Wentworth Irrigation Act 1890 |
(3) The Ministerial Corporation may not consent to a dealing if, in the Ministerial Corporation’s opinion, the dealing will result in any one person holding an area of land that is substantially in excess of a home maintenance area. (4) Subsection (3) does not prevent the Ministerial
Corporation consenting to a dealing if
(a) the dealing is required by a court order, or (b) the parcel of land involved is a small holding, or (c) the land is land referred to in subsection (5) and the Ministerial Corporation is of the opinion that the dealing would be in the best interests of land utilisation even though it would result in the proposed transferee holding substantially more than a home maintenance area, or (d) the land is of a class prescribed by the regulations or is to be used for a purpose prescribed by the regulations. (5) The land referred to in this subsection is land that, in the
opinion of the Ministerial Corporation:has, as its best practicable use, and is required for, the exploitation of its timber or its reafforestation for the production of commercial timber, or
is required in order to establish, maintain, expand
or develop an industry, or
is required for any special purpose approved by
the Ministerial Corporation, or
is of inferior character, or is rough or
undeveloped, or has poor access or other
disadvantage, and the dealing is the bestpracticable way of ensuring its development, or
by the proposed dealing. cannot reasonably be disposed of otherwise than
(6)
In determining whether an area of land is or is not substantially in excess of a home maintenance area, the Ministerial Corporation must not take into account any
Crown Lands and lrrigation Legislation Amendment (Transfer Restrictions) Act 1997 No 67
Amendment of Wentworth Irrigation Act 1890 Schedule 3 land held under a lease then having less than 5 years to
run (unless the lease confers a right to purchase the
freehold).
(7) In this section: home maintenance area means an area which, when used for the purpose for which it is reasonably fitted, would be sufficient for the maintenance in average seasons and circumstances of an average family.
28 Restrictions on exercise of mortgagee’s powers A mortgagee who exercises a power to enter into possession of mortgaged land may hold the land for 3 years or such longer period as the Ministerial Corporation approves.
A mortgagee may not, without the Ministerial
Corporation’s consent:
(a) enter into possession of the same mortgaged land more than once, or (b) obtain an order for foreclosure. A dealing with land by a mortgagee as such is subject to mortgaged land does not, during the period for which the mortgagee is entitled to hold the land, transfer the land or obtain an order for foreclosure:
any other provision of this Part.
(a)
the estate or interest of the mortgagee and any other person in the land may be forfeited to the Crown, or
(b) if the land is land from which the Ministerial
Corporation may, under this Part, remove
restrictions on a transfer or other dealing, the Ministerial Corporation may certify that this Part has ceased to apply to the land.
If the Ministerial Corporation gives a certificate under subsection (4) (b):
(a)
the mortgagee becomes liable to pay to the Crown any amount that would have been payable had the
Crown Lands and Irrigation Legislation Amendment (Transfer Restrictions) Act 1997 No 67
| Schedule 3 | Amendment of Wentworth Irrigation Act 1890 |
holder of the land applied for a certificate under this Part dispensing with the Ministerial Corporation’s consent to a transfer of the land, and
(b)
the amount is payable not later than 3 months after demand for the payment is made.
29 Devolution under a will or on intestacy
(1)
A person on whom land to which this Part applies devolves under a will or on intestacy may hold the land for 3 years, or such longer period as the Ministerial Corporation approves, after the death of the testator or intestate.
(2)
If the person does not, within that period, sell the land or obtain the Ministerial Corporation’s consent to hold the land:
(a)
the estate or interest of that and any other person in the land may be forfeited to the Crown, or
(b)
if the land is land from which the Ministerial Corporation may, under this Part, remove the transfer restrictions, the Ministerial Corporation may certify that this Part has ceased to apply to the land.
(3) If the Ministerial Corporation gives a certificate under
subsection (2) (b):
(a)
the holder of the land is liable to pay to the Crown any amount that would have been payable had the holder applied for a certificate dispensing with the Ministerial Corporation’s consent to a transfer of the land, and
(b)
that amount is payable not later than 3 months after demand for the payment is made.
(4) Any dealing with the land under this section is subject to
the other provisions of this Part.(5)
Section 27 applies to an application under subsection (2) for the Ministerial Corporation’s consent to hold land in the same way as it applies to an application for consent to a dealing.
Crown Lands and Irrigation Legislation Amendment (Transfer Restrictions) Act 1997 No 67
Amendment of Wentworth Irrigation Act 1890 Schedule 3 30 Removal of restrictions
A holder of land to which this Part applies may apply to the Ministerial Corporation for the issue of a certificate that the land may be transferred, leased, subleased, assigned or otherwise dealt with without the consent of the Ministerial Corporation.
Such a certificate may be issued by the Ministerial corporation if the fee simple in the land has been transferred from the Ministerial Corporation and:
(a) the land does not exceed 2 hectares in area, or (b) an amount equivalent to 3 per cent of the land value of the land (as shown in a current notice of valuation issued by the Valuer-General under section 31) is paid to the Crown. The Ministerial Corporation is to deduct from the amount referred to in subsection (2) any fee paid by the applicant to the Valuer-General in respect of the notice of valuation.
If the Ministerial Corporation issues a certificate under this section in respect of any land, the Ministerial Corporation’s consent is not required to any subsequent transfer, lease, sublease or assignment of, or other dealing with, the land.
The effect of the issue of a certificate is to be recorded
by the Registrar-General in the Register kept under the Real Property Act 1900. In this section:
holder includes a mortgagee in possession.
31 Valuation of land
(1) In this section: holder includes a mortgagee in possession. land value has the same meaning as it has in the Valuation of Land Act 1916.
Crown Lands and lrrigation Legislation Amendment (Transfer Restrictions) Act 1997 No 67
| Schedule 3 | Amendment of Wentworth Irrigation Act 1890 |
On application, the Valuer-General:
(a) is to determine (as at the date on which the application is made) the land value of any land to which this Part applies, and (b) is to issue to the applicant (and, if the applicant is not the holder, to the holder) a notice of the valuation. The provisions of Parts 3 (Notices and objections) and 4 (Appeals to the Land and Environment Court) of the
Valuation of Land Act 1916 apply to a valuation under
this section in the same way as they apply to a valuation
under that Act.A reference in Part 3 of the Valuation of Land Act 1916 to the owner of a freehold estate includes, for the purposes of this section, a reference to a holder of land to which this Part applies.
A notice of valuation remains current for a period of 1 year from the date of issue or for such other period as may be prescribed by the regulations.
If an objection is lodged, the period referred to in subsection (5) commences from the date on which the objection is finally dealt with.
Except as provided by this section, the Valuation of Land
Act 1916 (section 79 excepted) does not apply to a
valuation under this section. A determination of land value under this section may be used for the purposes of this Part only.
An applicant for a determination of land value under this section is to pay to the Valuer-General such fees as may be determined by the Valuer-General.
[4] Part 4, heading
Insert “Part 4 Miscellaneous” before section 33.
Crown Lands and Irrigation Legislation Amendment (Transfer Restrictions) Act 1997 No 67
Amendment of Wentworth Irrigation Act 1890 Schedule 3 [5] Section 32
Insert before section 33:
32 Savings and transitional provisions
Schedule 3 has effect.
[6] Schedule 3
Insert after Schedule 2:
Schedule 3 Savings and transitional provisions
(Section 32)
Part 1 General 1 Savings and transitional regulations
(1) The regulations may contain provisions of a savings or
transitional nature consequent on the enactment ofSchedule 3 to the Crown Lands and Irrigation Legislation Amendment (Transfer Restrictions) Act 1997 (2)
Such a provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3)
To the extent to which such a provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a)
to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b)
to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Crown Lands and Irrigation Legislation Amendment (Transfer Restrictions) Act 1997 No 67
| Schedule 3 | Amendment of Wentworth Irrigation Act 1890 |
Part 2
Provisions consequent on enactment of Crown Lands and Irrigation Legislation Amendment (Transfer Restrictions) Act 1997
2 Definition
In this Part:
amending Act means the Crown Lands and Irrigation Legislation Amendment (Transfer Restrictions) Act 1997.
3 Applications for removal of transfer restrictions
An application for consent made under section 22A that was not determined before the repeal of that section by Schedule 3 [2] to the amending Act is taken to be an application made under Part 3 as inserted by Schedule 3 [3] to the amending Act.
[Minister’s second reading speech made in—
Legislative Assembly on 17 June 1997
Legislative Council on 27 June 1997]
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