National Parks and Wildlife (Leases) Amendment Act 1990 (NSW)

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NATIONAL PARKS AND WILDLIFE (LEASES) AMENDMENT

ACT 1990 No. 106
NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title
2. Commencement
3. Amendment of National Parks and Wildlife Act 1974 NO. 80

SCHEDULE 1-AMENDMENTS

NATIONAL PARKS AND WILDLIFE (LEASES)

AMENDMENT ACT 1990 No. 106

NEW SOUTH WALES

Act No. 106, 1990

An Act to amend the National Parks and Wildlife Act 1974 with
respect to the granting of leases and with respect to the application to lands reserved or dedicated under that Act of certain provisions of the Local Government Act 1919. [Assented to 13 December 1990]
National Parks and Wildlife (Leases) Amendment 1990

The Legislature of New South Wales enacts:

Short title
1. This Act may be cited as the National Parks and Wildlife (Leases)
Amendment Act 1990.
Commencement
2. This Act commences on a day or days to be appointed by
proclamation.
Amendment of National Parks and Wildlife Act 1974 No. 80
3. The National Parks and Wildlife Act 1974 is amended as set out in
Schedule 1.

SCHEDULE l-AMENDMENTS

(Sec. 3)

(1) Section 151 (Leases of and licences over lands in a national
park, historic site, nature reserve or state game reserve):

In section 151 (4), after “149”, insert “or 151A”.

(2) Section 151A:
After section 151, insert:
New head leases for certain lands
151A. (1) The Minister may grant leases (in this section referred to as “head leases”) in respect of the lands the subject of any or all of the leases mentioned in Schedule 15, whether or not those lands are still the subject of the leases
so mentioned.
(2) On the granting of a head lease, the following provisions have effect with respect to such of the leases mentioned in Schedule 15 as apply to the land the subject of the head lease:

(a) the lease is taken to be varied by substituting the name
of the head lessee for that of the lessor;

National Parks and Wildlife (Leases) Amendment 1990

SCHEDULE 1—AMENDMENT—continued

(b) the lease is taken to become a sublease (in this section referred to as a “statutory sublease”) of the head lease;
(c) except as otherwise provided by the regulations-the lease continues to have effect according to its tenor;
(d) any proceedings under the lease in relation to any matter arising before the head lease was granted are to
be commenced or maintained by or against the lessor as if the lease had not been varied as referred to in
paragraph (a).

(3) If a head lease is granted to a person in respect of land the subject of a lease mentioned in Schedule 15 of which the person is the sole lessee, the lease so mentioned is, by virtue of the granting of the head lease, extinguished.
(4) A head lease is taken to include a condition to the effect that the head lessee must not:

(a) assign or mortgage the head lessee’s interest in the lease to any other person; or
(b) exercise any right of forfeiture or termination in respect of any statutory sublease of the lease; or
(c) vary any rent payable under any statutory sublease of
the lease,

except with the prior consent in writing of the Minister, and that any purported assignment, mortgage, forfeiture, termination or variation of rent that does not have such consent is void.
(5) A head lease is not affected merely because a lease mentioned in Schedule 15 ceases to have effect (whether by reason of expiry, surrender, termination, forfeiture or otherwise) while the head lease is in force.
(6) If a head lease ceases to have effect (whether by reason of expiry, surrender, termination, forfeiture or otherwise) the following provisions have effect with respect to any statutory sublease of the head lease:

(a)

the sublease is taken to be varied by substituting the title of the Minister for the name of the head lessee;

(b)

the sublease is taken to cease to be a statutory sublease and to become a lease granted under section 15 1;

National Parks and Wildlife (Leases) Amendment 1990