Crown Lands (Land Titles) Amendment Act 1980 (NSW)
C R O W N L A N D S ( L A N D TITLES) A M E N D M E N T
A C T , 1980 , N o . 194
ANNO VICESIMO NONO
ELIZABETHE II REGINE
Act N o . 1 9 4 , 1980 .
An Act to amend the Crown Lands Consolidation Act, 1913, consequent on and in connection with the enactment of the Real Property (Crown Land Titles) Amendment Act, 1980. [Assented to, 22nd December, 1980.]
BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—
1. Amendment Act, 1980". This Act may be cited as the "Crown Lands (Land Titles) 2. (1) This section and section 1 shall commence on the
date of assent to this Act.
(2) Except as provided in subsection ( 1 ) , this Act shall
commence on the day appointed and notified under section 2 (2 )
of the Real Property (Crown Land Titles) Amendment Act, 1980.3. The Crown Lands Consolidation Act, 1913, is referred to
in this Act as the Principal Act.
4. This Act contains the following Schedules :—
SCHEDULE 1 . — A M E N D M E N T S TO PARTS I AND II OF THE
PRINCIPAL A C T .
SCHEDULE 2 . — A M E N D M E N T S TO PART III OF THE P R I N
CIPAL A C T .
SCHEDULE 3 . — A M E N D M E N T S TO PARTS I I I A , H I B AND
IIIc OF THE PRINCIPAL A C T .
SCHEDULE 4 . — A M E N D M E N T S TO PART IV OF THE P R I N
CIPAL A C T .
SCHEDULE 5 . — A M E N D M E N T S TO PART V OF THE P R I N
CIPAL A C T .
S C H E D U L E 6 . — A M E N D M E N T S T O P A R T V B O F T H E P R I N
C I P A L A C T .
S C H E D U L E 7 . — A M E N D M E N T S T O P A R T V I O F T H E P R I N
C I P A L A C T .
S C H E D U L E 8 . — A M E N D M E N T S T O P A R T V I I O F T H E P R I N
C I P A L A C T .
S C H E D U L E 9 . — A M E N D M E N T S T O P A R T V I I I O F T H E P R I N
C I P A L A C T .
S C H E D U L E 1 0 . — A M E N D M E N T S T O P A R T I X O F T H E P R I N
C I P A L A C T .
5 . T h e Pr inc ipa l A c t is a m e n d e d in the m a n n e r set forth in
Schedules 1 - 1 0 .
S C H E D U L E 1 .
A M E N D M E N T S T O P A R T S I A N D I I O F T H E P R I N C I P A L A C T .
| ( 1 ) | ( a ) Section | 5 | ( 1 ) , definition | of " C r o w n | L a n d s " — |
O m i t "g ran ted o r lawfully con t rac ted to b e gran ted in fee-simple", insert ins tead "lawfully con t rac ted to
b e sold".
( b ) Sect ion 5 ( 1 ) , definition of " T h e R e g i s t e r " —
After the definition of " S u b u r b a n ho ld ing" , insert : —
" T h e Regis te r" means the Register kep t u n d e r the
R e a l P r o p e r t y Ac t , 1 9 0 0 .
90245 H - 2 / 3 4
S C H E D U L E 1—cont inued .
A M E N D M E N T S T O P A R T S I A N D I I O F T H E
P R I N C I P A L A C T — c o n t i n u e d .
( 2 ) Section 6 —
O m i t the section, insert instead : —
6. ( 1 ) This sect ion shall b e cons t rued subject to the
provisions of sections 2 and 4 .
( 2 ) C r o w n lands shall no t be sold, leased, dedica ted
o r reserved o r otherwise deal t with unless the sale, lease, dedica t ion or reservat ion or o ther deal ing is author ised by this Ac t .
( 3 ) T h e Minis ter o r the Commiss ion , on behalf of
the Crown , m a y sell, lease, dedica te , reserve or m a k e any o ther disposit ion of C r o w n land in any case where the sale, lease, dedica t ion, reservat ion or o ther disposit ion by the Minis ter o r the Commiss ion , as the case may be , is author ised by this Ac t , bu t only for some estate, interest o r purpose author ised by this Ac t and subject in every case to its provisions.
( 4 ) C r o w n land shall no t cease to be C r o w n land
by reason only of the crea t ion in respect of it of a folio of the Regis ter in the n a m e of " T h e State of N e w South
Wales" .
( 5 ) A p e r s o n —
( a ) w h o has purchased , o r con t rac ted to purchase ,
land from the C r o w n ; or
( b ) w h o has acqui red land from the C r o w n by way of exchange (o the r t han a person w h o has acqui red land unde r a lease from the C r o w n by
way of e x c h a n g e ) ,
unde r the C r o w n L a n d s Acts has , subject to this Act , an estate in fee s imple in the land.
S C H E D U L E 1—continued.
A M E N D M E N T S T O P A R T S I A N D I I O F T H E
P R I N C I P A L A C T — c o n t i n u e d .
| ( 3 ) | Sect ion 1 5 — |
O m i t "certificates of confo rmi ty—".
S C H E D U L E 2 .
A M E N D M E N T S T O P A R T I I I O F T H E P R I N C I P A L A C T .
| ( 1 ) | ( a ) | Section 2 3 A ( 7 ) ( a ) — |
Omi t " the Gove rno r may issue a C r o w n gran t or the Minis ter may grant a lease, permit , l icense or ease men t of or in respect of land acquired unde r subsection ( 1 ) " , insert instead " the Minis ter may transfer land acquired unde r subsect ion ( 1 ) , or gran t a lease, permit , license or easement of or in respect of
the land ," .
( b ) Section 2 3 A ( 7 ) ( b ) — Omi t "Crown grant may be issued", insert instead
" land may be t ransferred".
| ( 2 ) | ( a ) Section 24 C D - |
O m i t " , and may at any t ime thereafter be g ran ted for such purposes in fee-simple".
( b ) Section 24 ( 2 ) — O m i t "and may at any t ime thereafter be granted for the same purposes in fee-simple".
S C H E D U L E 2—con t inued .
A M E N D M E N T S T O P A R T I I I O F T H E P R I N C I P A L A C T — c o n t i n u e d .
( c ) Section 2 4 ( 5 ) — Omi t the subsect ion.
( d ) Section 2 4 ( 6 ) , definition of "closer set t lement l a n d s " — F r o m p a r a g r a p h ( b ) , omit "gran ted or lawfully cont rac ted to be gran ted in fee-simple", insert instead "sold or lawfully con t rac ted to be sold".
( 3 ) ( a ) Section 2 5 — Omi t "grants may be issued and ins t ruments executed, as the c i rcumstances of each case" , insert instead " ins t ruments may be executed as the c i rcumstances" .
( b ) Section 2 5 — O m i t "which after dedica t ion has been or shall be gran ted by the Crown , and to any land which, after g ran t by the Crown , has been or shall be resumed purchased o r otherwise acqui red by the Crown , and dedica ted or gran ted" , insert instead "in respect of which, after dedicat ion, a C r o w n gran t has issued or there has been or is c rea ted a folio of the Register, and to any land which, after al ienation by the Crown, has been o r is resumed, purchased or otherwise acquired
by the Crown , and dedica ted" . ( c ) Section 2 5 — Omit "reserved dedicated or g ran ted" , insert instead
"reserved or dedica ted" .
( d ) Section 2 5 —
Omi t "or g ran t and dedica t ion ," .
S C H E D U L E 3 .
A M E N D M E N T S T O P A R T S I I I A , I I I B A N D I I I C O F T H E
P R I N C I P A L A C T .
| ( 1 ) | ( a ) | Section 3 7 B ( 9 ) — |
Omit " C r o w n grant" .
( b ) Section 3 7 B ( 9 ) — O m i t "reservat ion, g ran t or vesting", insert instead
"reservat ion or vest ing".
| ( 2 ) | Sect ion 37KK ( 1 ) | ( b ) — |
Omi t ", granted" .
| ( 3 ) | ( a ) | Section 37QQ ( 3 ) — |
O m i t " L a n d s within a reserve m a y be granted in fee s imple", insert instead " T h e Minister may transfer to a person an estate in fee simple in lands within a reserve".
( b ) Section 3 7 Q Q ( 4 ) —
O m i t "gran ted" , insert instead " t ransferred" .
( c ) Section 37QQ ( 4 ) ( a ) —
Omi t "grant" , insert ins tead "transfer".
| ( 4 ) | Section 3 7 x x | ( 1 ) | ( a ) — |
Omi t ", g ran ted" .
| ( 5 ) | Section 37YY ( 1 ) | ( a ) — |
O m i t ", g r an t ed" wherever occurr ing.
S C H E D U L E 3—cont inued .
A M E N D M E N T S T O P A R T S I I I A , I I I B A N D I I I C
O F T H E P R I N C I P A L A C T — c o n t i n u e d .
( 6 ) ( a ) Section 3 7 B B B ( 1 ) ( c ) — After " in any C r o w n gran t" , insert "or con ta ined or referred to in a folio of the Register crea ted in respect of the lands" .
( b ) Section 3 7 B B B ( 1 ) ( c ) —
O m i t " the gran t" , insert instead "it".
( c ) Sect ion 3 7 B B B ( 4 ) — After "issued", insert " , o r a folio of the Register c rea ted ," .
S C H E D U L E 4.
A M E N D M E N T S T O P A R T I V O F T H E P R I N C I P A L A C T .
( 1 ) Section 5 2 —
After " app roved form." , insert : —
If a certificate of title has issued in respect of the lease it shall be forwarded with the appl ica t ion.
( 2 ) Section 5 3 — Omi t the section.
( 3 ) Sections 56 , 5 6 A —
O m i t the sections. S C H E D U L E 4—continued.
| A M E N D M E N T S | T O P A R T | I V | O F | T H E P R I N C I P A L | A C T — c o n t i n u e d . |
| ( 4 ) | ( a ) | Section 57 ( 1 ) ( a 1 ) — |
O m i t t he pa rag raph , insert ins tead : —
( a l ) If t he perpe tua l lease g ran t or a certificate of title has issued in respect of the condi t ional lease it shall be forwarded with the applica t ion.
( b ) Section 57 ( 1 ) ( b ) — O m i t ", and the cha i rman shall within the prescribed t ime thereafter issue a certificate of such confirma t ion".
( c ) Section 57 ( 3 A ) —
O m i t the subsect ion.
| ( 5 ) | Section 6 2 — |
O m i t " and the Gove rno r may g ran t " wherever occurr ing .
| ( 6 ) | Section 64A ( 1 ) — |
O m i t "or agreement , or contract , whether before or after
grant and" , insert instead "ag reement or cont rac t" .
| ( 7 ) | Section 6 4 F ( 3 ) — |
Omi t the subsection.
| ( 8 ) | ( a ) | Section 6 5 — |
O m i t " a n d of the deed fee may be gran ted" , insert instead "may be sold".
S C H E D U L E 4—con t inued .
A M E N D M E N T S T O P A R T I V O F T H E P R I N C I P A L A C T — c o n t i n u e d .
( b ) Section 6 5 —
O m i t "gran t ing" , insert instead "sa le" .
( c ) Section 6 5 —
O m i t "shall e m p o w e r the Gove rno r to grant" , insert ins tead "author izes the sale of".
( 9 ) Section 66 ( 3 ) — O m i t " and the deed fee".
( 1 0 ) ( a ) Section 6 7 — O m i t " together with the deed fee".
( b ) Section 6 7 — Omi t " , deed fee".
( 1 1 ) ( a ) Section 68 ( 3 ) — O m i t " , and upon due complet ion thereof ( the amoun t hereinbefore provided and the deed fee having been duly pa id ) a C r o w n gran t of the land so reclaimed
shall be issued. P rov ided that if par t of the rec lamation is, within the period allowed for the complet ion of the rec lamat ion , car r ied out to the satisfaction of the Minis ter within the Met ropo l i t an land district and elsewhere of the local land boa rd , the Minis ter may approve of the issue of a C r o w n gran t of the pa r t of the land so reclaimed and subject to paymen t of any further sum required for deed fee or costs such C r o w n grant shall be issued. The gran t shall embody the terms and condi t ions subject to which the author i ty was given, or such of them as require to be so embodied" .
S C H E D U L E 4—continued.
| A M E N D M E N T S | T O P A R T | I V | O F T H E P R I N C I P A L | AcT—continued. |
( b ) Section 68 ( 3 A ) - ( 3 D ) — After section 68 ( 3 ) , insert : —
F o r the purposes of section 6 ( 5 ) , a purchase of the whole of the land within a rec lamat ion author ized unde r this section shall, subject to the a m o u n t referred to in subsect ion ( 2 ) having been paid in respect of the rec lamat ion , be deemed to be com pleted upon complet ion of the rec lamat ion to the satisfaction of the Minis ter or of the local land boa rd as referred to in subsection ( 3 ) .
( 3 A )
( 3 B ) If par t of a rec lamat ion author ized under this section is, within the period allowed for the comple t ion of the rec lamat ion , carr ied out to the satisfaction of the Minis ter within the Met ropo l i t an land district and elsewhere of the local land board , the Minis ter may, subject t o —
(a) the amount referred to in subsection (2) having been pa id in respect of the
rec lamat ion ; and (b) payment of any further sum required for
costs, approve of the comple t ion of the purchase of the land
within tha t par t of the rec lamat ion .
( 3 c ) F o r the purposes of section 6 ( 5 ) , a purchase of the land within par t of a rec lamat ion author ized unde r this section shall be deemed to be completed upon the Minister 's approving of the complet ion of the purchase of the land as referred to in subsection
( 3 B ) .
S C H E D U L E 4—continued.
A M E N D M E N T S T O P A R T I V O F T H E P R I N C I P A L A C T — c o n t i n u e d .
( 3 D ) L a n d disposed of unde r this section shall be held subject to the terms and condi t ions to which the author i ty to reclaim was given or to such of them as
the Minis ter de termines .
( c ) Section 68 ( 4 ) — Omi t "Minis ter approves of the issue of a Crown grant of par t of the land pursuan t to the proviso to sub section ( 3 ) the right to purchase that par t of the land within the author i ty to reclaim and not the subject of such C r o w n grant" , insert instead "Minister , in accordance with subsection ( 3 B ) , approves of the complet ion of the purchase of land within par t of a rec lamat ion author ized unde r this section, the right to purchase the residue of the land within the authori ty
to rec la im".
( 1 2 ) ( a ) Section 69A, short h e a d i n g —
O m i t "o r lease", insert instead ", lease, etc., of land".
( b ) Section 6 9 A ( 1 ) —
Omit " ( o t h e r than grants of lands so s o l d ) " .
( c ) Section 6 9 A ( 2 ) — Omi t the subsect ion, insert instead : —
( 2 ) Where , in pursuance of any agreement
be tween the State and the C o m m o n w e a l t h ( inc luding
an agreement executed before the c o m m e n c e m e n t of
Schedule 4 to the C r o w n L a n d s ( L a n d Ti t les)
A m e n d m e n t Act , 1 9 8 0 ) , C r o w n land or land dedi
ca ted for any publ ic purpose is to be t ransferred from
the State to the C o m m o n w e a l t h , the Minis ter shall
S C H E D U L E 4—con t inued .
| A M E N D M E N T S | T O P A R T | I V | O F | T H E P R I N C I P A L | A C T — c o n t i n u e d . |
have power to so transfer an estate in fee simple, or a lesser estate, as the case may requi re , in tha t land and to execute in connec t ion with tha t transfer such
ins t ruments as may be considered necessary.
| ( 1 3 ) | Section 75 ( 1 ) — |
O m i t "var ied" , insert instead "a l tered" .
| ( 1 4 ) | ( a ) | Section 7 5 A ( 3 A ) — |
After section 7 5 A ( 3 ) , insert : —
( 3 A ) If a certificate of title has issued in respect
of the lease it shall be forwarded with the appl icat ion.
( b ) Section 7 5 A ( 7 ) —
O m i t "var ied" , insert instead "a l tered" .
( c ) Section 7 5 A ( 1 2 ) — O m i t "after the issue of a perpe tua l lease grant , if any,", insert instead " u p o n the br inging of the land comprised in the lease unde r the provisions of the Real P roper ty Act , 1900 , whether before or after the c o m m e n c e m e n t of Schedule 4 to the C r o w n L a n d s
( L a n d Ti t les) A m e n d m e n t Act , 1980 , " .
| ( 1 5 ) | ( a ) | Section 7 5 B ( 7 ) — |
Omit "var ied" , insert ins tead "a l te red" .
( b ) Section 7 5 B ( 1 1 ) — Omit "after the issue of a perpetual lease grant , it any," , insert instead " u p o n the br inging of the land compr ised in the lease unde r the provisions of the Rea l Proper ty Act . 1900, whether before or after the c o m m e n c e m e n t of Schedule 4 to the Crown Lands
( L a n d Ti t les) A m e n d m e n t Act , 1980," .
S C H E D U L E 4—continued.
A M E N D M E N T S T O P A R T IV O F T H E P R I N C I P A L A C T — c o n t i n u e d .
( 1 6 ) Section 7 5 D —
O m i t the section.
( 1 7 ) ( a ) Sect ion 81 ( 2 ) — After " inquiry and repor t . " , insert "If a certificate of title has issued in respect of the lease it shall be
forwarded with the appl icat ion." .
( b ) Section 81 ( 3 ) —
O m i t " s t a m p duty and deed fee", insert ins tead " and s t amp duty" .
( 1 8 ) ( a ) Section 8 2 A ( j ) — O m i t "If a perpe tua l lease gran t has been issued in respect of the lease a sur render thereof to the C r o w n in the approved form shall be executed and forwarded with the appl icat ion. If the appl icat ion is wholly refused, the sur render shall be deemed to have had no effect and the appl icant or his mor tgagee shall be enti t led to have the gran t and the sur render r e tu rned to h im." , insert ins tead "If the perpe tua l lease grant or certificate of title has issued in respect of the lease
it shall be forwarded with the appl icat ion." . ( b ) Section 8 2 A ( j ) —
O m i t "deed fee and" .
( c ) Section 82A ( j a ) —
O m i t the pa rag raph .
( 1 9 ) Section 8 2 B —
O m i t the section.
S C H E D U L E 5.
A M E N D M E N T S T O P A R T V O F T H E P R I N C I P A L A C T .
( 1 ) Sect ion 89 ( 1 ) ( a ) — O m i t "g ran ted" , insert ins tead "sold".
( 2 ) ( a ) Section 9 1 , short h e a d i n g —
O m i t the short heading , insert ins tead : —
Conditions homestead
attaching
to a
selection.
( b ) Section 91 (1)- O m i t " T h e appl icant for a homes tead selection shall per form to the satisfaction of the local l and b o a r d the following condi t ions , which shall b e t aken to be condi t ions precedent to the r ight to a gran t" , insert ins tead " T h e holder of a homes tead selection shall
per form the following condi t ions" .
( c ) Sect ion 91 ( 1 ) ( a ) , ( b ) —
O m i t the pa rag raphs .
( d ) Section 91 ( 1 ) ( e ) — O m i t "be 1 per cent of the capi tal va lue of the b lock unti l the expira t ion of 5 years after the appl ica t ion or unti l the issue of the grant , whichever event shall first h a p p e n ; and if the per iod of 5 years expires before the issue of the grant , t hen the a m o u n t of such ren t shall be 2 per cent of such capi tal value, and shall so con t inue until a ren t of a similar a m o u n t becomes payable unde r the g ran t" , insert instead ", subject to this Act , b e 2\ per cent of the capital value of the b lock" .
S C H E D U L E 5 — c o n t i n u e d .
A M E N D M E N T S T O P A R T V O F T H E P R I N C I P A L A C T — c o n t i n u e d .
( e ) Sect ion 9 1 ( 2 ) —
O m i t "app l ican t for", insert ins tead "holder of".
(f) Section 9 1 ( 3 ) —
O m i t the subsect ion.
( 3 ) Sect ion 9 2 — Omi t the sect ion and the short head ing there to , insert
instead : —
Forfeiture of homestead selections.
92. ( 1 ) If, at any t ime, the local land b o a r d is no(
satisfied tha t any condi t ion a t tach ing to a homes tead selec t ion, o ther than the paymen t of rent , has been duly performed, the homes tead selection shall be liable to be forfeited.
( 2 ) Where the rent payab le in respect of a h o m e
stead selection has not been duly paid, the homesteau
selection shall be liable to be forfeited.
( 3 ) A reference in subsection ( 2 ) to a homestead
selection includes a reference to a homes tead grant or a homes tead selection which is subject to the provision:
the Real P rope r ty Act , 1900 .
( 4 ) ( a ) Section 9 3 , short head ing — Omit the short heading , insert instead : —
homestead selections: miscellaneous
(b) Section 93 ( 1 ) , ( 2 ) -
Omi t the subsectionsS C H E D U L E 5—con t inued .
| A M E N D M E N T S | T O | P A R T | V | O F | T H E | P R I N C I P A L | A C T — c o n t i n u e d . |
( c ) Section 93 ( 3 ) — Omit " T h e grant of a homes tead selection may conta in" , insert instead "If the Minister has so deter mined, the homes tead selection shall, upon the creat ion of a folio of the Register in respect of it, be subject to" .
( d ) Section 93 ( 3 ) —
Omi t "Governor" , insert instead "Minis ter" .
( e ) Section 93 ( 6 ) — Omi t the subsection.
( f) Section 93 ( 7 ) — Omi t "may with the consent of the Gove rno r sur render the said lands to the C r o w n by an instru ment in the prescr ibed form", insert ins tead "or a homes tead selection which is subject to the provisions of the Rea l P roper ty Ac t , 1900 , may , with the consent of the Minister, sur render the lands to the C r o w n by an ins t rument in the approved form".
( 5 ) ( a ) Section 97 ( 1 A ) — Omit "and for the gran t issued for the same" ,
( b ) Section 97 ( 3 ) — Omi t the subsect ion.
( 6 ) Section 101 ( 1 A ) — O m i t "after the issue of a perpe tua l lease grant , if any,"', insert instead "upon the bringing of the land comprised in the lease under the provisions of the Real Proper ty Act , 1900, whether before or after the c o m m e n c e m e n t of
Schedule 5 to the Crown Lands ( L a n d Ti t les) A m e n d m e n t
Act , 1980 ," .
S C H E D U L E 5 — c o n t i n u e d .
A M E N D M E N T S T O P A R T V O F T H E P R I N C I P A L A C T — c o n t i n u e d .
(7) Section 1 0 3 A —
O m i t the section.
( 8 ) Section 1 0 8 A —
O m i t the section.
( 9 ) ( a ) Section 109 ( 2 ) — O m i t "If the perpe tua l lease gran t has been issued in respect of the lease a sur render thereof to the Crown in the approved form shall be executed and forwarded with the appl icat ion. If the appl icat ion is disallowed, the sur render shall be deemed to have had no effect and the appl icant o r his mor tgagee shall be entit led to have the gran t and the sur render re turned to him.'", insert instead "If the perpe tua l lease gran t or a cer tificate of title has issued in respect of the lease it shall
be forwarded with the appl ica t ion." .
( b ) Section 109 ( 3 ) — O m i t " a consol idated C r o w n gran t will be issued", insert instead "1 folio of the Register is to be created" .
( 1 0 ) Sect ion 1 1 2 —
Omi t the section. ( 1 1 ) Section 118A ( 4 ) —
O m i t the subsect ion. ( 1 2 )
Sect ion 119A ( 6 ) — O m i t "whe ther the gran t has or has no t issued", insert instead ", whe ther the homes tead farm or holding has or has not been b rough t unde r the provisions of the Real
P rope r ty Ac t , 1900 , " .
S C H E D U L E 5—con t inued .
| A M E N D M E N T S | T O | P A R T | V | O F | T H E | P R I N C I P A L | A C T — - c o n t i n u e d . |
| ( 1 3 ) | ( a ) | Sect ion | 1 2 3 , shor t | h e a d i n g — |
O m i t "Issue of perpetual lease grants for", insert ins tead "Title to".
( b ) Sect ion 123 ( 2 ) — Omi t the subsection.
| ( 1 4 ) | ( a ) | Section | 128 , short | h e a d i n g — |
O m i t the short head ing , insert ins tead : —
Title to suburban holdings.
( b ) Section 128 ( 2 ) , ( 3 ) —
O m i t the subsect ions.
| ( 1 5 ) | ( a ) | Sect ion 129B ( 1 ) ( a ) — |
O m i t "If the perpe tua l lease g ran t has been issued there shall b e forwarded a sur render thereof to the Crown ." , insert ins tead "If a pe rpe tua l lease g ran t or certificate of title has issued in respect of the hold ing
it shall b e forwarded wi th the appl ica t ion ." .
( b ) Section 1 2 9 B ( 1 ) ( h ) —
O m i t " t h e g ran t is issued", insert ins tead " those con
dit ions have b e e n compl ied wi th" .
( c ) Sect ion 1 2 9 B ( 1 ) ( i ) —
O m i t the p a r a g r a p h .
( d ) Sect ion 1 2 9 B ( 1 ) ( k ) — O m i t " p u r c h a s e d " where firstly occurr ing , insert ins tead " in the course of purchase , o r the purchase
of which has been comple ted ," .
S C H E D U L E 5—continued.
A M E N D M E N T S T O P A R T V O F T H E P R I N C I P A L A C T — c o n t i n u e d .
( e ) Section 129B ( 1 ) ( k ) — After "gran t or refuse his consent . " , insert : —
T h e provisions of this p a r a g r a p h shall con t inue to apply to land no twi ths tanding tha t the l and has been b rough t unde r the provisions of the Real P roper ty
Ac t , 1900 .
(f) Section 129B ( 1 ) ( k ) — O m i t "shall apply whe ther a g ran t has or has not issued bu t shall no t apply to the transfer of", insert ins tead "shall not apply to the transfer of any land within or formerly wi thin" .
( g ) Section 129B ( 1 ) ( k ) ( i i ) , ( i i i ) , ( i v ) —
O m i t the subpa rag raphs , insert instead : — (i i ) a purchase of the whole or pa r t of a suburban
holding (no t being a purchase referred to in
s u b p a r a g r a p h ( i ) ) w h e r e —
(a) the Minister is satisfied that the con dit ions a t tach ing to tha t purchase ,
o ther t han the paymen t of the pu r - chase money , have been compl ied
wi th;
(b) the balance of purchase money and such o ther money as may b e due and
payable have been pa id ; and( c )
t he Minis ter , upon appl icat ion being m a d e as prescr ibed and p a y m e n t of an a m o u n t equivalent to 5 per cent or. where some o ther pe rcen tage is prescr ibed, that o ther percentage of
S C H E D U L E 5—cont inued .
| A M E N D M E N T S | T O | P A R T | V | O F | T H E P R I N C I P A L | A C T — c o n t i n u e d . |
the un improved value of the land pur chased, certifies in the approved form tha t tha t land may be transferred with out his consent .
( h ) Section 129B ( 1 ) ( k ) —
Omi t " subpa rag raph ( i i i) or ( iv) ( c ) " , insert instead
" subpa rag raph ( i i ) " .
( i ) Section 129B ( 1 ) ( k ) — Omit " T h e Minis ter may, in respect of any land or parcel of land to which subpa rag raph ( i i i) relates, so certify in the case of a grant or subdivision m a d e before the c o m m e n c e m e n t of section 2 of the Crown L a n d s and Othe r Acts ( A m e n d m e n t ) Act. 1970, as well as in the case of a gran t or subdivision made
after such commencemen t . " .
( j ) Section 129B ( 1 ) (k ) - Omi t " U p o n the issue of any certificate under sub- pa rag raph ( i i i ) " . insert instead "Where a certificate is
issued under subparagraph ( i i ) in respect of land Real Proper ty Act . 1900". which has b e e n brought under the provisions of the
( k ) Section 129B (1) (k )
Omit "kept under the Real Property Act, 1 9 0 0 . " .
(l): Section 129B ( 1 ) (k)
Omi t " subparagraph ( iv) in respect of purchase" , insert instead " subparagraph ( i i i ) repect of land which has not been brought under the pro- visions of the Real Property Ac t . 1900' '
S C H E D U L E 5—con t inued .
A M E N D M E N T S T O P A R T V O F T H E P R I N C I P A L A C T — c o n t i n u e d .
( m ) Section 1 2 9 B ( 1 ) ( k ) — Omi t "purchase (before issue of the C r o w n grant in
respect t h e r e o f ) " , insert instead " land" .
( n ) Section 129B ( 1 ) ( k ) — Omi t : —
(i i ) before issue of the C r o w n gran t in respect of that purchase , cause those par t iculars to be endorsed on tha t g ran t in a form approved by
the Regis t ra r -Genera l .
insert instead : —
(ii) cause a notification in a form approved by the
Regis t ra r -Genera l to be delivered to the Regis t ra r -Genera l w h o shall, upon creat ion of a folio of the Register in respect of tha t land, record in the Regis ter such par t iculars relat ing to the notification as may be prescr ibed.
( 1 6 ) Section 1 3 4 —
After "approved form." , insert : —
If a certificate of title has issued in respect of the lease
it shall be forwarded with the appl icat ion.
( 1 7 ) Section 1 3 4 B — Omi t the section.
( 1 8 ) ( a ) Section 1 3 6 F , shor t h e a d i n g —
Omi t "Issue of perpetual lease grants for", insert instead "Title to".
S C H E D U L E 5—continued.
A M E N D M E N T S T O P A R T V O F T H E P R I N C I P A L A C T — c o n t i n u e d .
( b ) Section 1 3 6 F ( 2 ) —
O m i t the subsect ion.
( 1 9 ) ( a ) Section 1 3 6 H — After "shall join in the appl icat ion." , insert "If the perpetual lease grant or a certificate of title has issued in respect of the lease it shall be forwarded with the appl icat ion." .
( b ) Section 1 3 6 H —
Omi t "deed fee and" .
S C H E D U L E 6.
A M E N D M E N T S TO P A R T V B O F T H E P R I N C I P A L A C T .
( 1 ) Section 1 3 6 L ( 1 ) , definition of " h o l d e r " — O m i t the definition, insert instead : —
"holder" , in re la t ion t o —
( a ) any prescr ibed lands (o the r t h a n lands referred to in p a r a g r a p h ( b ) ) , means the person w h o is registered in the books of the D e p a r t m e n t of L a n d s , the Wate r Resources Commiss ion or the Weste rn L a n d s Commiss ioner as the holder of those lands and , where tha t person appears to be a mor tgagee , includes the person who , according to those books , appears to be the mor tgagor ; and
S C H E D U L E 6—cont inued .
A M E N D M E N T S T O P A R T V B O F T H E P R I N C I P A L A C T — c o n t i n u e d .
(b) any prescribed lands which have been b rough t unde r the provisions of the Rea l P roper ty Act , 1900 , and of which " T h e State of N e w South W a l e s " is the registered propr ie tor , means any person recorded in the folio of the Register relat ing to those lands as the holder of a lease from the C r o w n over those lands and includes any person recorded in tha t folio as a mor tgagee of such a lease;
( 2 ) Sect ion 1 3 6 L ( 1 ) , definition of "prescr ibed l a n d s " —
F r o m p a r a g r a p h ( a ) , omi t "g ran ted in fee simple", insert instead "sold".
( 3 ) Sect ion 1 3 6 L ( 1 ) , definition of "prescr ibed l a n d s " — In p a r a g r a p h ( b ) , after " 1 9 0 0 " , insert ", o ther than lands of which 'The State of N e w South Wales ' is the registered propr ie tor" .
(4) Section 136L ( 2 ) , ( 2 A ) , ( 3 ) , ( 4 ) , ( 5 ) -
Omi t section 136I ( 2 ) ( 5 ) , insert instead
(2 ) Subject to subsection ( 3 ) , the Minister m a y —
(a)
where prescribed lands are subject to the pro- visions of the Real P rope r ty Act. 1900 - create easements over those lands in the manne r provided in that Act or in section 88B of the Conveyanc ing Act. 1919; and
S C H E D U L E 6—cont inued .
| A M E N D M E N T S | T O P A R T | V B | O F | T H E P R I N C I P A L | A C T — c o n t i n u e d . |
(b) where prescribed lands are not subject to the
provisions of the Rea l P roper ty Act , 1 9 0 0 — create easements over those l a n d s —
( i ) in the m a n n e r provided in section 88B
of the Conveyanc ing Act , 1 9 1 9 ; or
( i i ) by notification publ ished in the Gaze t te under this section.
( 2 A ) Subject to subsection ( 3 ) , the Minis ter may, at
any t ime that any lands having the benefit of an easement (be ing an easement g ran ted unde r subsection ( 2 ) before the c o m m e n c e m e n t of Schedule 6 to the C r o w n Lands
( L a n d Ti t les) A m e n d m e n t Act , 1980 , or c rea ted under
subsect ion ( 2 ) on or after that c o m m e n c e m e n t ) are vested
in Her M a j e s t y —
(a) where the lands are subject to the provisions of the Real P roper ty Act , 1900—re lease , in accordance with tha t Act , the easement bene fiting those lands ; and
( b )
where the lands are not subject to the provisions of the Real P roper ty Act , 1900—re lease the easement benefiting those lands by notification publ ished in the Gaze t t e unde r this section.
( 3 ) T h e Minister shall not create or release ease ments under this section unless he is satisfied—
(a) in the case of the creation of an easement over prescribed l a n d s — t h a t any holder for the time being of the lands has consented to the creat ion of the easement ; or
( b ) in the case of the release of an e a s e m e n t — t h a t any holder for the t ime being of the lands having the benefit of the easement has consented to the release of the easement .
S C H E D U L E 6—cont inued .
A M E N D M E N T S T O P A R T V B O F T H E P R I N C I P A L A C T — c o n t i n u e d .
( 4 ) T h e Minis ter m a y —
(a) create an easement as referred to in this section subject to such condi t ions as he thinks fit, including condi t ions relat ing to the paymen t of
compensa t ion to the C r o w n ; and (b) create an easement as referred to in this section in such terms as he thinks fit.
( 5 ) T h e creat ion of an easement under subsection ( 2 ) ( b ) ( i i ) or the release of an easement under subsection ( 2 A ) ( b ) takes effect on the da te of publ icat ion of the notification of the crea t ion or release, as the case may be, in the Gaze t te or on a later da te specified in the notification.
( 5 ) Section 1 3 6 L ( 6 ) , ( 7 ) —
Omi t "g ran ted" wherever occurr ing , insert instead "crea ted" .
( 6 ) Section 1 3 6 L ( 8 ) — Omit "purpor t ing to grant" , insert instead "or ins t rument
purpor t ing to c rea te" .
( 7 ) Section 1 3 6 L ( 9 ) —
Omi t "gran ted" , insert instead "c rea ted" .
( 8 ) Section 1 3 6 L ( 1 0 ) —
Omi t "gran ted" , insert instead "crea ted" . S C H E D U L E 6—cont inued .
A M E N D M E N T S T O P A R T V B O F T H E P R I N C I P A L A C T — c o n t i n u e d .
( 9 ) Section 1 3 6 L ( 1 1 ) , ( 1 2 ) —
Omi t section 1 3 6 L ( 1 1 ) , insert ins tead : —
( 1 1 ) W h e r e the Minis ter purpor t s to create or release an easement unde r this section, it shall be conclusively p resumed that subsect ion ( 3 ) has been compl ied with in relat ion to tha t creat ion or release.
( 1 2 ) Where an easement is created or released under this section in respect of lands subject to the provisions of the Rea l Proper ty Act , 1900 , the Regis t ra r -Genera l may record such par t iculars of the creat ion or release as he considers necessary in any folio of the Register re la t ing to lands which, in his opinion, are affected by the creat ion or release.
S C H E D U L E 7.
A M E N D M E N T S T O P A R T V I O F T H E P R I N C I P A L A C T .
( 1 ) ( a ) Section 142 ( 5 A ) —
Omi t the subsection.
( b ) Section 142 ( 6 ) ( e ) — Omi t "after the grant in fee-simple has issued", insert instead " u p o n the comple t ion of the purchase o r the br inging of the land comprised in the purchase under the provisions of the Rea l P roper ty Ac t , 1900 ,
whe ther before or after the c o m m e n c e m e n t of
Schedule 7 to the C r o w n L a n d s ( L a n d Ti t les)
A m e n d m e n t Ac t , 1980" .
S C H E D U L E 7 — c o n t i n u e d .
A M E N D M E N T S T O P A R T V I O F T H E P R I N C I P A L A C T — c o n t i n u e d .
( c ) Section 142 ( 6 ) ( f ) — Omi t ", whether or not the grant has issued,".
( d ) Section !42 ( 6 ) ( g ) —
Omi t the pa rag raph .
( e ) Section 142 ( 8 ) — Omit the subsection.
( f) Section 142 ( 9 ) , ( 9 A ) , ( 9 B ) , ( 1 0 ) , ( I D -
Omi t section 142 ( 9 ) and ( 1 0 ) , insert instead : —
( 9 ) A n irr igat ion farm purchase of land w h e r e — ( a ) the land was con t rac ted to b e sold before
the c o m m e n c e m e n t of Schedule 7 to the C r o w n L a n d s ( L a n d Ti t les) A m e n d m e n t
Act , 1 9 8 0 ; and
( b ) a C r o w n gran t h a d not issued in respect of
the land before tha t c o m m e n c e m e n t , does no t inc lude the purchase of any minerals con ta ined in the land, being minerals defined by or unde r
the Min ing Act , 1 9 7 3 , or the Coal Min ing Ac t , 1 9 7 3 , as at the t ime when a folio of the Register is first
c rea ted in respect of the land.
( 9 A ) A n irr igat ion farm purchase of land, where the land is con t rac ted to be sold on or after the c o m m e n c e m e n t of Schedule 7 to the C r o w n L a n d s ( L a n d Ti t les) A m e n d m e n t Ac t , 1980 , does not include the purchase of any minerals conta ined in the land, being minerals defined by or unde r the Min ing Act , 1 9 7 3 , or the Coal Min ing Act , 1 9 7 3 . as at the t ime when the land is cont rac ted to be sold.
S C H E D U L E 7—con t inued .
| A M E N D M E N T S | T O P A R T | V I | O F | T H E P R I N C I P A L | A C T — c o n t i n u e d . |
( 9 B ) T h e land comprised , or formerly comprised , in an irr igat ion farm purchase shall be subject to such condi t ions as the Minis ter may de te rmine secur ing u p o n the land so m u c h of any ra te or charge for water m a d e and levied unde r the provisions of the I r r igat ion Act , 1912 , as is due in respect of water r ights which are a fixed charge or for water supplied in respect of water r ights a t tached to the land which are not a fixed charge .
( 1 0 ) U p o n —
(a) the creation of a folio of the Register in respect of land comprised, or formerly comprised, in an irr igat ion farm purchase , being the first folio of the Register c rea ted in respect of tha t l and ; or
( b )
the execut ion of an ins t rument evidencing
the sale by the C r o w n of tha t land,
tha t l and shall , if the Minis ter has so de te rmined before tha t creat ion or execut ion, be subject to such
reservat ions and except ions as may by the Minis ter
be deemed expedient in the publ ic interest .
( 1 1 ) Subsect ions ( 9 B ) and ( 1 0 ) do not apply to an i rr igat ion fa rm purchase in respect of which a C r o w n gran t was issued unde r this section as in force before the c o m m e n c e m e n t of Schedule 7 to the Crown
L a n d s ( L a n d Ti t les) A m e n d m e n t Act , 1980 .
S C H E D U L E 7 — c o n t i n u e d .
A M E N D M E N T S T O P A R T V I O F T H E P R I N C I P A L A C T — c o n t i n u e d .
( 2 ) ( a ) Sect ion 1 4 2 B ( 7 ) —
O m i t t he subsect ion. ( b ) Sect ion 142B ( 8 ) - ( 8 c ) —
O m i t section 1 4 2 B ( 8 ) a n d ( 8 A ) , insert instead : —
( 8 ) A town land purchase of l and w h e r e —
( a ) t he l and was con t rac ted to be sold before
the c o m m e n c e m e n t of Schedule 7 to the
C r o w n L a n d s ( L a n d Ti t les) A m e n d m e n t
Act , 1 9 8 0 ; and
( b ) a C r o w n gran t h a d no t issued in respect of
the land before tha t c o m m e n c e m e n t ,
does no t include the purchase of any minerals con ta ined in the land, being minerals defined by or under
the Min ing Ac t , 1 9 7 3 , o r the Coa l Min ing Ac t , 1 9 7 3 , as at the t ime w h e n a folio of the Regis ter is first
c rea ted in respect of the land.
( 8 A ) A town land purchase of land, where the land
is cont rac ted to be sold on or after the commencemen t of Schedule 7 to the C r o w n L a n d s ( L a n d Tit les) A m e n d m e n t Ac t , 1980 , does no t inc lude the purchase of any minerals conta ined in the land, being minerals
defined by or unde r the Min ing Ac t , 1 9 7 3 , or the Coal
Min ing Ac t , 1 9 7 3 , as at the t ime w h e n the land is cont rac ted to be sold.
( 8 B ) U p o n — (a) the creation of a folio of the Register in respect of land comprised , or formerly comprised , in a town land purchase , being the first folio of the Regis ter created in respect of tha t l and ; or
( b )
the execut ion of an ins t rument evidencing the sale by the C r o w n of that land,
S C H E D U L E 7—con t inued .
| A M E N D M E N T S | T O P A R T | V I | O F | T H E P R I N C I P A L | ACT— - con t inued . |
tha t land shall, if the Minis ter has so determined before that creat ion or execut ion, be subject to such reservat ions and exceptions as m a y by the Minister be deemed expedient in the public interest.
( 8 c ) Subsection ( 8 B ) does not apply to a town land purchase in respect of which a C r o w n gran t was issued under this section as in force before the com mencemen t of Schedule 7 to the C r o w n L a n d s ( L a n d
Ti t les) A m e n d m e n t Act , 1980 .
( c ) Section 142B ( I D -
Omit the subsection.
( d ) Section 142B ( 1 2 ) — Omit "after the issue of the gran t in fee-simple,", insert instead "upon the comple t ion of the purchase or the br inging of the land compr ised in the purchase unde r the provisions of the Rea l P roper ty Ac t , 1900,
whether before or after the c o m m e n c e m e n t of
Schedule 7 to the C r o w n L a n d s ( L a n d Ti t les)
A m e n d m e n t Act , 1980 , " .
( e ) Section 142B ( 1 4 ) — After " ( 1 3 ) " , insert ", as in force before the com- mencemen t of Schedule 7 to the C r o w n L a n d s ( L a n d
Ti t les) A m e n d m e n t Act , 1 9 8 0 . " .
| ( 3 ) | Section | 1 4 2 c — |
O m i t the section.
S C H E D U L E 7—con t inued .
A M E N D M E N T S T O P A R T V I O F T H E P R I N C I P A L A C T — c o n t i n u e d .
( 4 ) ( a ) Section 142D ( 9 A ) ( a ) — Omi t ", whether or not the perpetual lease grant has issued,".
( b ) Section 142D ( 9 A ) ( b ) —
O m i t the pa rag raph .
( c ) Section 142D ( 1 0 ) ( b ) — Omi t "'issue of the perpetual lease gran t and shall so apply whether the perpe tua l lease gran t was issued before o r is issued", insert ins tead " l and compr ised in the lease has been b rought unde r the provisions of the Rea l P roper ty Ac t , 1900 , and shall so apply whe ther the land was brought unde r the provisions of that A c t before or" .
( d ) Section 142D (11)- Omit the subsect ion.
( e ) Section 142D ( 1 2 ) - ( 1 6 ) —
O m i t section 142D ( 1 2 ) , insert instead : — ( 1 2 ) A lease of land referred to in subsect ion ( 2 ) ,
w h e r e —
( a ) the lease c o m m e n c e d before the c o m m e n c e
m e n t of Schedule 7 to the C r o w n L a n d s ( L a n d Ti t les) A m e n d m e n t Act , 1 9 8 0 ; and
( b ) a C r o w n gran t had no t issued in respect of
the lease before tha t c o m m e n c e m e n t , does not include any minerals conta ined in the land, being minerals defined by or unde r the Min ing Act , 1 9 7 3 , or the Coal Min ing Act . 1 9 7 3 , as at the time when a folio of the Register is first created in respect of the land.
S C H E D U L E 7 — c o n t i n u e d .
A M E N D M E N T S T O P A R T V I O F T H E P R I N C I P A L A C T — c o n t i n u e d . ( 1 3 ) A lease of land referred to in subsection ( 2 ) , where the lease commenced on or after the c o m m e n c e m e n t of Schedule 7 to the C r o w n L a n d s ( L a n d Ti t les) A m e n d m e n t Act , 1980 , does not include any minerals conta ined in the land, being
minerals defined by or unde r the Min ing Ac t , 1 9 7 3 ,
or the Coal Min ing Act , 1 9 7 3 , as at the t ime when the lease commenced . ( 1 4 ) A lease of l and referred to in subsect ion ( 2 ) shall be subject to such condi t ions as the Minis ter may de te rmine securing upon the land so m u c h of any ra te or charge for water m a d e and levied under the provisions of the I r r iga t ion Act , 1912 , as is due in respect of water rights which are a fixed charge or for water supplied in respect of water rights a t tached to the land which are not a fixed charge .
( 1 5 ) U p o n — (a) the creation of a folio of the Register in respect of a lease of land referred to in subsection ( 2 ) , be ing the first folio of the Register crea ted in respect of tha t l and ; or
( b )
the execut ion of an ins t rument evidencing a lease of l and referred to in subsection
( 2 ) ,
tha t land shall, if the Minis ter has so de termined before tha t creat ion or execut ion, be subject to such reservat ions and except ions as may by the Minister be deemed expedient in the publ ic interest .
( 1 6 ) Subsections ( 1 4 ) and ( 1 5 ) do not apply to
a lease of land in respect of which a C r o w n gran t was issued unde r this section as in force before the c o m m e n c e m e n t of Schedule 7 to the C r o w n L a n d s
( L a n d Ti t les) A m e n d m e n t Ac t , 1980 .
S C H E D U L E 7—con t inued .
A M E N D M E N T S T O P A R T VI O F T H E P R I N C I P A L A C T — c o n t i n u e d .
( 5 ) Sect ion 1 4 4 —
O m i t the section.
( 6 ) Section 144A ( 4 ) —
O m i t t he subsect ion, insert ins tead : —
( 4 ) In this section, "ho ld ing" i n c l u d e s —
(a) the land comprised in a purchase under this P a r t which has been comple ted ; and
( b ) the l and compr ised , o r formerly comprised , in a holding, being land which has been b rough t unde r the provisions of the Rea l P rope r ty Act , 1900 .
( 7 ) ( a ) Sect ion 1 4 4 c , shor t h e a d i n g —
O m i t "of a purchase the area of which", insert instead
"where the area of a purchase".
( b ) Sect ion 1 4 4 c ( 1 ) —
After " a n y pu rchase" , insert "o r former pu rchase" .
( c ) Sect ion 1 4 4 c ( 1 ) —
After " a n d " , inser t " , if t h e whole of the purchase money of the or iginal ho ld ing has no t been
pa id ," .
( d ) Sect ion 1 4 4 c C D -
O m i t "if any" .
( e ) Section 1 4 4 c ( 3 ) — Omi t " to the pu rchase" , insert ins tead " to the ho ld ing" .
S C H E D U L E 7—continued.
| A M E N D M E N T S | TO PART | V I OF THE PRINCIPAL | ACT—continued. |
(f) Section 144c ( 4 ) —
After "as added to", insert ", or, where the whole of the purchase money of the original holding has been paid, on the purchase money of the additional land,".
| (8) | (a) Section 144F ( 2 ) — |
Omit "whether before or after the issue of the per petual lease grant, or grant in fee-simple, as the case may be,".
(b) Section 144F ( 3 ) — Omit the subsection, insert instead :—
(3) The provisions of this section shall not cease to apply—
(a) in the case of a town land purchase—upon the completion of the purchase or the bringing of the land comprised in the pur chase under the provisions of the Real Property Act, 1900; and
(b) in the case of a town land lease—upon the bringing of the land comprised in the lease under the provisions of the Real Property
Act, 1900,
whether before or after the commencement of Schedule 7 to the Crown Lands (Land Titles) Amendment Act, 1980.
(9) (a) Section 145 ( 2 ) —
Omit "Where a perpetual lease grant has issued, the grant shall be lodged with the notice, together with a surrender in the approved form which shall take effect only upon the conversion being effected.".
90245 H - 2 / 3 5
SCHEDULE 7—continued.
A M E N D M E N T S TO PART V I OF THE PRINCIPAL ACT—continued.
(b) Section 145 ( 2 A ) — After section 145 ( 2 ) , insert :—
(2A) Where a perpetual lease grant or certificate of title has issued in respect of the holding to be converted, the grant or certificate shall be lodged with the notification under subsection ( 2 ) .
(c) Section 145 (5) ( e ) — Omit "in respect of which a perpetual lease grant has been issued", insert instead "which has been brought under the provisions of the Real Property Act, 1900,".
(d) Section 145 (5) (e) —
Omit "issue of such perpetual lease grant", insert instead "lease was brought under the provisions of that Act".
(e) Section 145 (5) (g) —
Omit the paragraph.
(f) Section 145 (5) (h) —
Omit ", (f) and ( g ) ' \ insert instead "and (f)" .
(10) Section 145A ( 7 ) — Omit the subsection, insert instead :— (7) The provisions of this section shall not cease to
apply—
(a) in the case of a purchase—upon the completion of the purchase or the bringing of the land com prised in the purchase under the provisions of the Real Property Act, 1900; and
SCHEDULE 7—continued.
| A M E N D M E N T S | TO PART | V I OF THE PRINCIPAL | ACT—continued. |
(b) in the case of a lease—upon the bringing of the land comprised in the lease under the provisions
of the Real Property Act, 1900,
whether before or after the commencement of Schedule 7
to the Crown Lands (Land Titles) Amendment Act, 1980.
(11) Section 145B ( 4 ) —
Omit the subsection.
| (12) | Section | 146 ( 5 ) - ( 7 ) — |
Omit the subsections, insert instead :—
(5) The Commission may exclude from the subdivision such land as the Commission considers necessary for roads of access to the subdivided portions or for channels or drainage.
(6) Any land excluded under subsection (5) shall be deemed to have been surrendered to the Crown and shall become Crown land free of any claim thereto by the holder of the lease or purchase or to any compensation in respect
thereof or to tenant-right in any improvements thereon.
(7) The provisions of this section— (a)
shall apply, and shall be deemed never to have ceased to apply, to land comprised in a lease brought under the provisions of the Real Property Act, 1900, before the commencement of Schedule 7 to the Crown Lands (Land Titles) Amendment Act, 1980; and
(b)
shall not cease to apply to land comprised in a purchase or lease upon the bringing of that land under the provisions of the Real Property Act,
SCHEDULE 7—continued.
A M E N D M E N T S TO PART V I OF THE PRINCIPAL ACT—continued. 1900, after the commencement of Schedule 7 to the Crown Lands (Land Titles) Amendment Act, 1980.
(13) (a ) Section 146B, short heading—
Omit the short heading, insert instead :—
Subdivision of land held in fee simple.
(b) Section 146B ( 1 ) —
Omit "a grant in fee-simple has been issued, either before or after the date of the commencement of the Irrigation (Amendment) Act, 1941", insert instead "an estate in fee simple is held, other than land to which section 146 applies".
(c) Section 146B ( 4 ) , (4A) — Omit section 146B ( 4 ) , insert instead :—
(4) The Commission may exclude from the sub division such land as the Commission considers neces sary for roads of access to the subdivided portions or for channels or drainage.
(4A) Any land excluded under subsection (4) shall be deemed to have been surrendered to the Crown and shall become Crown land free of any claim thereto by any person, and no person shall be entitled to any compensation in respect of the land or any improvements thereon.
(14) Section 147 (6) —
Omit the subsection.
SCHEDULE 7—continued.
| A M E N D M E N T S | TO PART | V I OF THE PRINCIPAL | ACT—continued. |
(15) Section 147J ( 6 ) —
Omit "142c, 142D, 144", insert instead "142D".
SCHEDULE 8.
A M E N D M E N T S TO PART V I I OF THE PRINCIPAL A C T .
(1 ) Section 155B—
Omit the section.
(2) Section 158 ( 3 ) —
Omit "(whether a grant has or has not issued)" wherever occurring, insert instead "(whether the land therein has or has not been brought under the provisions of the Real Property Act, 1900)" .
SCHEDULE 9.
A M E N D M E N T S TO PART V I I I OF THE PRINCIPAL A C T .
(1) (a) Section 163—
Omit ", and the grant of the conditional purchase or homestead selection, when issued, shall include such added land".
SCHEDULE 9—continued.
A M E N D M E N T S TO PART V I I I OF THE PRINCIPAL ACT—continued. (b) Section 1 6 3 —
Omit "the grant in respect of any conditional pur chase or homestead selection has been issued", insert instead "the land comprised in any conditional pur chase or homestead selection has been brought under the provisions of the Real Property Act, 1 9 0 0 " .
(c) Section 1 6 3 —
Omit "grant had not been issued", insert instead "land had not been brought under the provisions of that Act".
( 2 ) Section 1 6 5 (1)-
Omit "(until the grant thereof)".
( 3 ) (a) Section 1 7 3 A ( 1 ) —
Omit "(iii) or ( iv)", insert instead " ( i i ) " .
(b) Section 1 7 3 A ( 1 ) — Omit " ( 6 A ) or".
(c) Section 1 7 3 A C D -
Omit " ( 4 ) or".
(d) Section 173A ( 1 ) —
Omit " ( 5 ) or".
SCHEDULE 9—continued.
| A M E N D M E N T S | TO PART | V I I I | OF THE PRINCIPAL | ACT—continued. |
(4) Section 178 (4) —
Omit :—
"in pursuance of this subsection the Minister dispenses with conditions attached to a holding the local land board may issue the like certificate as to compliance with conditions as it may have issued if the conditions dispensed with had been fulfilled :
Provided that where the Minister dispenses with any conditions under this subsection subject to conditions which he may impose, the local land board shall not issue such certificate until the board finds that the conditions imposed by the Minister have been fulfilled :
Provided further that where".
| (5) Section 180B | (1)- |
Omit "(before or after grant) or a lease (whether a per petual lease grant has or has not issued)", insert instead "or a lease".
| (6) | Section 1 8 1 — |
Omit "selection or grant, or", insert instead "selection,".
(7) Section 181A—
After section 181, insert :—
Conditions, reservations and provisions generally.
SCHEDULE 9—continued.
A M E N D M E N T S TO PART V I I I OF THE PRINCIPAL ACT—continued. 181A. (1) Except in so far as a contrary intention appears—
(a) any covenants, conditions, terms, reservations, restrictions or provisions attaching or applying to land by virtue of this Act or an instrument made under this Act; and
(b) any provisions of this Act or an instrument made under this Act applying to land,
shall—
(c) not cease to attach or apply, and shall be deemed never to have ceased to attach or apply, to the land by reason only of the issue of an instrument of title or the creation of a folio of the Register, whether before or after the commencement of Schedule 9 to the Crown Lands (Land Titles) Amendment Act, 1980, in respect of the land; and
(d) to the extent that they are applicable, attach or apply not only to the land as a whole, but also
to each and every part of the land.
(2) The provisions of subsection (1) apply in
addition to and not in derogation of any other provisions
(8) (a) Section 182, short heading— of this Act.
Omit "Leases—".
(b) Section 182 (1)- Omit "homestead selection or lease", insert instead "holding (other than a holding within an irrigation area)".
SCHEDULE 9—continued.
| A M E N D M E N T S | TO PART | V I I I | OF THE PRINCIPAL | ACT—continued. |
(c) Section 182 ( 2 ) , ( 3 ) — Omit section 182 ( 2 ) , insert instead :—
(2) The Minister may—
(a)
before the creation of a folio of the Register in respect of a holding (including a holding within an irrigation area) , direct in writing that any covenant, condition, reservation or provision of the holding shall cease to attach or apply to the holding upon the creation of the folio; and
(b)
after the creation of a folio of the Register in respect of a holding (including a holding within an irrigation area) , direct in writing that any covenant, condition, reservation or provision of the holding shall cease to attach or apply to the holding as from the date of the direction.
(3) The Registrar-General shall give effect to a
direction given under subsection ( 2 ) .
(9) (a) Section 183, short heading—
Omit "or grants".
(b) Section 183 ( 1 ) —
Omit "or grant" wherever occurring.
(c) Section 183 (1) —
Omit "a consolidated Crown grant will be issued for", insert instead "1 folio of the Register is to be created in respect of".
S C H E D U L E 9—continued.
A M E N D M E N T S TO PART V I I I OF THE PRINCIPAL ACT—continued.
(d) Section 183 (1)- Omit "With any application for conversion of a home stead grant or of a homestead farm in respect of which the perpetual lease grant has been issued there shall be forwarded a surrender of such grant to the Crown. Such surrender shall be in the approved form:", insert instead "Where a Crown grant or certificate of title has issued in respect of the homestead selection or homestead farm it shall be forwarded with the application for conversion :".
(e) Section 183 ( 3 ) -
Omit "or grant" wherever occurring.
(f) Section 183 (4) —
Omit "1964, or the grant issued for the same," wherever occurring, insert instead "1964,".
(g) Section 183 (4) —
Omit "selection or the grant issued for the same", insert instead "selection".
(h) Section 183 (4) — Omit "or grant" wherever occurring.
(i) Section 183 ( 4 ) —
Omit "execution of the grant", insert instead "creation of a folio of the Register in respect of the homestead selection".
(j) Section 183 ( 6 ) . (6A) . (71 — Omit "or gram" wherever occurring.
SCHEDULE 9—continued.
| A M E N D M E N T S TO PART VIII OF THE PRINCIPAL | ACT—continued. |
(k) Section 183 (7) —
Omit "or homestead grant" wherever occurring.
(1) Section 183 ( 7 ) —
Omit "whether the perpetual lease grant has or has not issued".
(m)
Section 183 (7)— Omit "or grants".
(10) (a) Section 184 (1) (g1) —
Omit the paragraph, insert instead :—
( g l ) If the perpetual lease grant or a certificate of title has issued in respect of either the settle ment lease or Crown-lease it shall be for warded with the application.
(b) Section 184 (1) ( h ) —
Omit "a consolidated Crown grant will be issued
for", insert instead "1 folio of the Register is to be created in respect of".
(11) (a) Section 190 (3) —
Omit "has been issued in respect of the lease a surrender thereof to the Crown in the approved form shall be executed and forwarded with the application. If the application is wholly refused, the surrender shall be deemed to have had no effect and the appli cant or his mortgagee shall be entitled to have the
SCHEDULE 9—continued.
A M E N D M E N T S TO PART V I I I OF THE PRINCIPAL ACT—continued. grant and the surrender returned to him", insert instead "or a certificate of title has issued in respect of the lease it shall be forwarded with the applica tion".
(b) Section 190 ( 6 A ) —
Omit the subsection.
(12) (a ) Section 193A ( 4 ) — Omit "has been issued in respect of the lease a surrender thereof to the Crown in the approved form shall be executed and forwarded with the application. If the application is wholly disallowed, the surrender shall be deemed to have had no effect and the appli cant or his mortgagee shall be entitled to have the grant and the surrender returned to him", insert instead "or a certificate of title has issued in respect of the lease it shall be forwarded with the applica tion".
(b) Section 193A ( 6 ) —
Omit the subsection, insert instead :—
(6) The part of the land comprised in the prickly- pear lease for which the application has been con firmed shall from the date of application be deemed to be withdrawn from the prickly-pear lease, but otherwise the lease shall, subject to the rent being reduced proportionately, remain in full force and effect.
(13) Section 194c—
Omit the section.
SCHEDULE 9—continued.
| A M E N D M E N T S | TO PART | V I I I | OF THE PRINCIPAL | ACT—continued. |
(14) (a) Section 195 ( 1 ) -
Omit "of which a grant in fee-simple has been issued or may be called for", insert instead "held in fee simple".
(b) Section 195 ( 1 ) —
Omit "The Governor may issue such grants as may be necessary.", insert instead "The Minister may execute on behalf of the Crown transfers of Crown lands exchanged for the purposes of this section.".
(c) Section 195 ( 2 ) —
Omit "if upon payment of such balance, with or with out interest thereon, the right to a grant of the said lands in fee-simple will become absolute, and for the Governor to grant Crown lands in exchange", insert instead "and for the Minister to exchange Crown lands".
(d) Section 195 ( 2 ) —
Omit "a grant of the Crown lands allotted in exchange shall not be issued", insert instead "the Crown lands shall not be allotted in exchange".
(e) Section 195 ( 4 ) — Omit "granted", insert instead "exchanged".
(f) Section 195 ( 4 ) —
Omit "any grant is issued", insert instead "the exchange is effected".
(g) Section 195 ( 5 ) —
Omit "kept under the Real Property Act, 1900,".
S C H E D U L E 9—continued.
A M E N D M E N T S TO PART V I I I OF THE PRINCIPAL ACT—continued. (15) (a) Section 197 ( 1 ) —
Omit "granting in fee-simple, or for any less estate", insert instead "the transfer of an estate in fee simple, or of a less estate in".
(b) Section 197 ( 1 ) —
Omit "granted" wherever occurring, insert instead
"exchanged".
(c) Section 197 ( 1 ) —
Omit " A n d the Governor may make all grants of lands exchanged for the purposes of this section.", insert instead : —
The Minister may execute on behalf of the Crown transfers of Crown lands exchanged for the purposes of this section.
(16) Section 199— Omit "ungranted homestead selection", insert instead ".
(17) Section 205 ( 1 ) — homestead selection not subject to the provisions of the Real Property Act, 1900,". Omit "before the grant thereof". (18) (a) Section 206 ( 1 ) — Omit "before the grant thereof".
SCHEDULE 9—continued.
| A M E N D M E N T S | TO PART | V I I I | OF THE PRINCIPAL | ACT—continued. |
(b) Section 206 ( 3 ) —
Omit "if a certificate of conformity has not been issued in respect of such additional conditional pur chase", insert instead "in respect of which the con ditions have not been complied with".
(c) Section 206 ( 4 ) —
After "auction purchase", insert ", an after-auction purchase, a tender purchase or an after-tender purchase".
(19) Section 207—
Omit "(whether ungranted or granted)".
| (20) | (a) Section 2 0 8 — |
Omit "ungranted" where firstly occurring.
(b) Section 2 0 8 —
Omit :— And when the forfeiture of any conditional pur chase or ungranted homestead selection or lease shall have been waived, and the conditions, if any, of such waiver shall have been performed, the holder of such conditional purchase or homestead selection or lease shall, if otherwise entitled thereto, be entitled to receive a certificate of conformity in respect of the same, notwithstanding that such certificate may have previously been applied for and refused.
SCHEDULE 9—continued.
A M E N D M E N T S TO PART VIII OF THE PRINCIPAL ACT—continued. (21) Section 210— Omit "conditional lease homestead farm suburban holding Crown-lease week-end lease or holding within an irrigation area or (until the grant thereof) homestead selection", insert instead ", suburban holding, Crown-lease or holding within an irrigation area".
(22) Section 219 ( 2 ) —
Omit "purchase homestead selection (until the grant thereof)", insert instead "purchase,".
(23) Section 222 ( 3 ) —
After "homestead grant", insert "or a homestead selection which is subject to the provisions of the Real Property Act, 1900,".
(24) Section 229 ( 4 ) —
After section 229 ( 3 ) , insert :—
(4) If a certificate of title has issued in respect of thespecial lease or residential lease it shall be forwarded with
the application for extension of the term. (25) (a) Section 234, short heading—
Before "Crown", insert "Alienation of land and".
(b) Section 234 ( 1 ) —
Omit "Crown grant issued after the passing of this Act", insert instead "alienation of land under this Act".
SCHEDULE 9—continued.
| A M E N D M E N T S | TO PART | V I I I | OF THE PRINCIPAL | ACT—continued. |
| ( 2 6 ) | Section 2 3 5 — |
Omit the section and the short heading thereto, insert instead :—
Exclusion of minerals, etc.
( 1 ) A conditional purchase made under the Code of 1 8 6 1 - 8 0 , not being a conditional purchase for mining purposes, does not include the purchase of any minerals which the land may contain, being minerals within the definition of "minerals" in section 5 ( 1 ) as at the time when a folio of the Register is first created in respect of the land.
2 3 5 .
(2) A conditional purchase for mining purposes, whether made in the first instance for mining purposes or converted before or after the passing of this Act into a conditional purchase for those purposes, does not include the purchase of any gold contained in the land.
( 3 ) Subject to subsection ( 2 ) , a sale, lease or
other disposal of land by the Crown—
(a)
under the authority of the Code of 1 8 8 4 - 1 9 1 2 ; or
(b) under the authority of this Act, where—
(i) the land was contracted to be sold, the
lease was commenced or the disposal took place before the commencement of Schedule 9 to the Crown Lands (Land Titles) Amendment Act, 1 9 8 0 ; and (ii) a Crown grant had not issued in respect
of the land before that commencement,
does not include the sale, lease or disposal of any minerals contained in the land, being minerals within the definition of "minerals" in section 5 ( 1 ) as at the time when a folio of the Register is first created in respect of the land.
S C H E D U L E 9—continued.
A M E N D M E N T S TO PART V I I I OF THE PRINCIPAL ACT—continued. (4) A sale, lease or other disposal of land by the Crown under the authority of this Act, where the land is contracted to be sold, the lease is commenced or the disposal takes place on or after the commencement of Schedule 9 to the Crown Lands (Land Titles) Amendment Act. 1980. does not include the sale, lease or disposal of any minerals contained in the land, being minerals within the definition of "minerals" in section 5 (1) as at the time when the land is contracted to be sold, the lease is com menced or the disposal takes place, as the case may require.
(5) Upon—
(a) the creation of a folio of the Register in respect of land sold, leased or otherwise disposed of by
the Crown under the authority of the Code of
1884-1912 or this Act, being the first folio of the Register created in respect of that land; or
(b) the execution of an instrument evidencing a sale, lease or other disposal of land by the Crown under the authority of the Code of 1884-1912 or this Act,
that land shall, if the Minister has so determined before that creation or execution, be subject to such reservations
and exceptions as may by the Minister be deemed expedient in the public interest. (6) Upon—
(a) the creation of a folio of the Register in respect of land. the sale or lease or homestead selection of which under this Act is limited to the surface only of the land or to the surface and to a speci fied depth below the surface. being the first folio of the Register created in respect of that land : or
SCHEDULE 9—continued.
| A M E N D M E N T S TO PARI | VIII OF THE PRINCIPAL | ACT—continued. |
(b) the execution of an instrument evidencing such a sale or lease of land by the Crown or the transfer by the Crown of land comprised in such a homestead selection,
that land shall, if (he Minister has so determined before that creation or execution, be subject to a condition pro tecting the Crown and any mining lessee against any claim whatsoever in the event of subsidence taking place as a result of nnning operations.
(7) The provisions of subsection (6) shall not relieve the Crov r, or any mining lessee from any liability to which the Crown or mining lessee may be subject by virtue of the provisions of the Mine Subsidence Compen sation Act. 1961.
(8) A condition attached to land in accordance
with subsection (6) has effect according to its tenor.
(9) In any folio of the Register created in respect of land affected by a profit a prendre reserved to the Crown under section 25F of the Forestry Act, 1916, there shall be recorded a statement that, or to the effect that, the land is so affected and any such recording shall have effect as ii the reservation of that profit a prendre had been included in an instrument of conveyance or transfer
from the Crown.
(10) Subsections ( 1 ) . ( 2 ) , ( 5 ) . (6) and (9)
do not apply to a sale, lease or other disposal of land in respect of which a Crown grant was issued under this section as in force before the commencement of Schedule 9 to the Crown Lands (Land Titles) Amendment Act, 1980.
(27) Section 235A ( 7 ) —
Omit "kept under the Real Property Act, 1900,".
SCHEDULE 9—continued.
A M E N D M E N T S TO PART V I I I OF THE PRINCIPAL ACT—continued.
( 2 8 ) Section 2 3 5 B ( 1 ) (d) — After "grant", insert "or recorded in any folio of the
Register as being reserved to the Crown".
( 2 9 ) Section 2 5 0 ( 1 ) ( d ) —
Omit the paragraph, insert instead :—
(d) refer t o—
(i) any conditional purchase in respect of which
the purchase money and all other money payable to the Crown have been paid and the conditions, other than payment of money, attaching to the purchase have been complied with: or
(ii) any homestead selection in respect of which
money due to the Crown has been paid and the conditions, other than payment of money, attaching to the homestead selection have been complied with,
at the date of the trespass :
( 3 0 ) (a) Section 257— Omit "in respect of which a certificate of conformity has been issued".
(b) Section 257—
Omit :—
After subdivision the certificate of conformity shall in the case of a conditional purchase be surrendered and a new certificate issued for each portion.
SCHEDULE 9—continued.
| A M E N D M E N T S | TO PART | V I I I | OF THE PRINCIPAL | ACT—continued. |
In the case of a subdivision of a homestead grant or a perpetual lease grant the consent of the Minister shall be in the approved form.
Where the consent is given the Registrar-General may register such instruments affecting the various portions of the grant as conform to the consent and may create for each of those portions a folio of the Register kept under the Real Property Act, 1900. The Registrar-General may also make such recordings in that Register and on the relevant grant or cer tificate of title as may be necessary with respect to areas which the consent shows as having been excluded from the subdivision for roads of access and which are deemed to be surrendered to the Crown.
A folio of that Register created for portion of a homestead grant, other than a folio created for a lot in a strata plan registered under the Strata Titles Act, 1973, shall expressly refer to the grant; to section 93 and also to section 272 if that section affected the grant—and a folio of that Register for portion of a perpetual lease grant shall expressly refer to the grant and to section 274 where the grant is of a homestead farm if that section affected the grant, and to section 274 where the grant is of a Crown-lease if that section
is of a conditional lease if that section affected the affected the grant, and to section 272 where the grant grant, and to section 272 where the grant is of a settlement lease if that section affected the grant or, as the case may be, to the provision of such grant securing that the lessee shall not assign (except by way of mortgage or discharge of mortgage) or sublet the land comprised in such lease without the Minister's consent, and to section 129 where the grant is of a suburban holding to the transfer of which the consent of the Minister is required under that section, and
SCHEDULE 9—continued.
A M E N D M E N T S TO PART V I I I OF THE PRINCIPAL ACT—continued. to sections 265 and 272 where the grant is of a conditional purchase lease if those sections affected the grant, and to, as the case may be, either section
75A (12) or 75B (11) where the grant is of a special
lease, and to section 82A (h) where the grant is of a town-lands lease, and to section 274A where the grant is of a week-end lease to the transfer of which the consent of the Minister is required under that section.
A folio of that Register created by virtue of this section shall be subject to the conditions of the grant and to the provisions of the sections of this Act which are referred to in the folio and to the pro visions of this Act to which the grant would have been subject had the subdivision not been effected.
(31) (a) Section 259 ( 1 ) — Omit "purchase lease or license or ungranted home stead selection", insert instead "purchase, homestead
selection, lease or license (not being a purchase, homestead selection, lease or license that has been brought under the provisions of the Real Property Act, 1900)". (b) Section 259 ( 3 ) —
Omit "before grant", insert instead "(being land that has not been brought under the provisions of the Real Property Act. 1900)".
SCHEDULE 9—continued.
| A M E N D M E N T S | TO PART V I I I | OF THE PRINCIPAL | ACT—continued. |
| (32) | Section 2 6 1 — |
Omit "if made by a person not under legal disability shall subject to the provisions and conditions of this Act", insert instead ", if made under this Act by a person not under legal disability, shall, subject to the provisions and con ditions of this Act,".
(33) (a) Section 265 (1) —
Omit "This restriction shall not cease to apply after the issue of a perpetual lease grant, if any, in respect of any such conditional purchase lease or conditional lease but such restriction shall cease to affect any such conditional purchase when the grant thereof has been issued.", insert instead "This restriction shall cease to affect a conditional purchase if the purchase money and other money due to the Crown have been paid and all other conditions attaching to the pur chase have been complied with.".
(b) Section 265 (2) —
Omit ", in any case where the certificate of fulfilment of conditions has been issued in respect of the holding".
(34) (a) Section 268 ( 1 ) — Omit "or grants".
(b) Section 268 ( 4 ) —
Omit ". Crown grants,".
(35) (a) Section 270 (1) —
Omit "'.».hatsoever", insert instead "under this Act".
SCHEDULE 9—continued.
A M E N D M E N T S TO PART V I I I OF THE PRINCIPAL ACT—continued.
(b) Section 270 ( 1 ) — Omit "Upon any such sale transfer or disposition of the estate or interest of a conditional purchaser before the issue of the certificate of conformity in respect of the conditional purchase the conditional purchase may be transferred to the purchaser but may not be again transferred except in similar circumstances until after such certificate has been issued.".
(36) Section 271 (1) —
Omit ", whether granted or ungranted,".
(37) (a) Section 272 ( 5 ) , ( 6 ) . (6A) — Omit the subsections, insert instead :—
(5) No transfer or conveyance or assignment in contravention of the provisions of this section shall be valid for any purpose.
(6) Subject to subsection ( 6 E ) , the provisions of this section shall continue to apply to any land com
prised, or formerly comprised, in a holding referred to in subsection (1) notwithstanding that that land has been brought under the provisions of the Real Property Act, 1900. (6A) Subject to subsections (6E) and ( 9 ) , the provisions of this section apply to any land formerly comprised in an original or additional conditional purchase referred to in subsection (1) in the same way as they apply to an original or additional conditional purchase. SCHEDULE 9—continued.
| A M E N D M E N T S | TO PART | V I I I | OF THE PRINCIPAL | ACT—continued. |
(b) Section 272 ( 6 B ) — Omit "such original or additional conditional purchase (not being a conditional purchase specified in sub- section ( 8 ) ) " , insert instead "land comprised, or formerly comprised, in any such original or additional conditional purchase (not being land comprised, or formerly comprised, in a conditional purchase as
specified in subsection ( 8 ) ) " .
(c) Section 272 (6B) (a) —
Omit the paragraph.
(d) Section 272 (6B) ( b ) , ( c ) — Omit the paragraphs, insert instead :—
(b) the Minister is satisfied that all conditions, other than payment of money due to the
Crown, have been complied with;(c) the balance of purchase money and such other money as may be payable to the Crown have
been paid; and
(e) Section 272 (6B) (d) —
Omit "purchased".
(f) Section 272 (6B) (d) —
Omit "conditional purchase", insert instead "land".
(g) Section 272 ( 6 E ) , ( 6 F ) — Omit the subsections, insert instead :—
(6E) Any land to which a certificate issued under
subsection (6B) (d) relates may be transferred or
otherwise dealt with without recourse to this section
SCHEDULE 9—continued.
A M E N D M E N T S TO PART V I I I OF THE PRINCIPAL ACT—continued. whether the certificate was issued before or after the commencement of Schedule 9 to the Crown Lands (Land Titles) Amendment Act, 1980.
( 6 F ) Where a certificate is issued under subsection (6B) (d) in respect of land, the Minister shall—
(a) where the land has been brought under the provisions of the Real Property Act, 1900 —cause a notification in a form approved by the Registrar-General to be delivered to the Registrar-General who shall record in the Register such particulars relating to the notification as may be prescribed and shall, unless he dispenses with the produc tion of the relevant certificate of title or Crown grant, record thereon those par ticulars; and (b) where the land has not been brought under the provisions of the Real Property Act. 1900— (i) cause to be endorsed on the prin cipal record that is kept in the Department of Lands in relation to
the land such particulars relating to the issue of that certificate as may
be prescribed; and(ii) cause a notification in a form approved by the Registrar-General to be delivered to the Registrar- General who shall, upon creation of a folio of the Register in respect of the land, record in the Register such particulars relating to the notifica tion as may be prescribed.
SCHEDULE 9—continued.
| A M E N D M E N T S | TO PART | V I I I | OF THE PRINCIPAL | ACT—continued. |
(h) Section 272 ( 8 ) — Omit "(whether a grant in respect of the same has or has not issued) or any parcel of land being part of that comprised in a grant of a conditional pur chase,", insert instead "or any parcel of land being part of that formerly comprised in a conditional purchase".
(i) Section 272 ( 9 ) —
After section 272 ( 8 ) , insert :—
(9) A reference in this section to land formerly comprised in a holding does not include a reference to land comprised in a homestead farm which is a conversion of a holding.
(38) Section 274 (4) —
Omit "after the issue of a perpetual lease grant, if any,", insert instead "to a holding upon the bringing of the land comprised therein under the provisions of the Real Property Act, 1900, whether before or after the commencement of Schedule 9 to the Crown Lands (Land Titles) Amendment Act, 1980,".
| (39) (a) Section 274A (2) — |
After "section 136H,", insert "being land that is not subject to the provisions of the Real Property Act, 1900,".
(b) Section 274A (2) —
Omit "issue of the grant in fee simple", insert instead "it is brought under the provisions of the Real Property Act, 1900".
SCHEDULE 9—continued.
A M E N D M E N T S TO PART V I I I OF THE PRINCIPAL ACT—continued.
(40) (a) Section 274B ( 1 ) — Omit the subsection, insert instead :—
( 1 ) Where— (a) any lands have been sold by auction or tender under Part IV, or by way of after- auction purchase or after-tender purchase; and
(b) the whole of the purchase money and such other money as may be payable to the Crown in respect of the lands have not been paid or any condition subject to which the lands were sold remains to be complied with,
the lands or any part thereof may, subject to sub
section ( 2 ) , be transferred.
(b) Section 274B ( 3 ) —
Omit "any lands".(c) Section 274B (3) ( a ) —
Before "have", insert "any lands".
(d) Section 274B (3) ( b ) —
Before "were", insert "the lands".
(e) Section 274B (3) ( c ) — Omit the paragraph, insert instead :—
(c) the whole of the purchase money and such other money as may be payable to the Crown in respect of the lands have been paid and the conditions subject to which the lands were sold have been complied with,
SCHEDULE 9—continued.
| A M E N D M E N T S TO PART VIII OF THE PRINCIPAL | ACT—continued. |
(f) Section 274B ( 1 0 ) —
Omit the subsection.SCHEDULE 10.
A M E N D M E N T S TO PART IX OF THE PRINCIPAL A C T .
(1) Section 286—
Omit the section.
| (2) | Section 2 9 1 — |
Omit the section.
(3) Section 302 (6) —
Omit the paragraph, insert instead :—
(6) The whole of the purchase money or any number of the instalments of the purchase money may be paid at any time.
| (4) | Section 3 0 5 — |
Omit the section.
(5) (a) Section 307 (1) ( a l ) —
Omit the paragraph, insert instead :—
( a l ) If the perpetual lease grant or a certificate of title has issued in respect of the lease it shall be forwarded with the application.
SCHEDULE 10—continued.
A M E N D M E N T S TO PART I X OF THE PRINCIPAL ACT—continued.
(b) Section 307 (1) ( b ) — Omit ", and the chairman shall within the prescribed time thereafter issue a certificate of such confirma tion".
(c) Section 307 (3A) —
Omit the subsection.
(6) Section 3 1 1 — Omit "sections 52 and 56A", insert instead "section 52".
(7) Section 319—
Omit "in respect of which homestead grants have been executed under section 93" , insert instead "which have been brought under the provisions of the Real Property Act, 1900".
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