28BApplication of new purchase provisions and other provisions of Act during transitional purchase period

#### 28B Application of new purchase provisions and other provisions of Act during transitional purchase period 28B Application of new purchase provisions and other provisions of Act during transitional purchase period > > (1) During the transitional purchase period— > > > > > (a) Schedule 4 (Purchasable leases) to this Act applies only in relation to the purchase of land under leases (or formerly under leases) granted under the [Western Lands Act 1901](/view/html/repealed/current/act-1901-070), but does not apply in relation to land under tenures to which Schedules 1 and 2 to this Act will apply on and from the repeal day, and > > > > > (b) the new purchase provisions and the commenced ancillary provisions apply instead of the old purchase provisions except to the extent that the new purchase provisions or commenced ancillary provisions provide for the application of the old purchase provisions, and > > > > > (c) the commenced ancillary provisions have effect during the transitional purchase period only for the purposes of the application or administration of the new purchase provisions, and > > > > > (d) if a purchase application is granted under the new purchase provisions in respect of land under a lease granted under the [Western Lands Act 1901](/view/html/repealed/current/act-1901-070), section 18G of that Act ceases to apply to the land on the granting of the application, and > > > > > (e) the new purchase provisions and commenced ancillary provisions have effect subject to the modifications specified by subclause (2). > > > (2) The following modifications to this Act apply during the transitional purchase period— > > > > > (a) purchase applications cannot be made or granted under Schedule 4 in respect of land under leases that are not Western lands perpetual leases or continued Western lands term leases, > > > > > (b) a reference in Schedule 4 to Western Crown land is to be read as being a reference to Crown land within the meaning of the [Crown Lands Act 1989](/view/html/repealed/current/act-1989-006) that is within the Western Division (as defined in that Act), > > > > > (c) a reference in Schedule 4 to a purchasable lease is to be read as being a reference only to Western lands perpetual leases or continued Western lands term leases, > > > > > (d) a reference in Schedule 4 to a continued term lease in its application to leases over Western Crown land is to be read as a reference to a continued Western lands term lease, > > > > > (e) in Schedule 4, the commenced ancillary provisions and any provision applied by paragraph (f)— > > > > > > > (i) a reference to Crown land is to be read as reference to Crown land within the meaning of the [Crown Lands Act 1989](/view/html/repealed/current/act-1989-006), and > > > > > > > (ii) a reference to the Western Division is to be read as reference to the Western Division as defined in the [Crown Lands Act 1989](/view/html/repealed/current/act-1989-006), > > > > > (f) subject to subclause (1) and paragraphs (a)–(e) of this subclause, the following provisions of this Act apply in relation to the new purchase provisions even if they have not commenced— > > > > > > > (i) any relevant definitions in Part 1 of this Act, > > > > > > > (ii) any relevant definitions in Schedule 3 to this Act. > > > (3) To avoid doubt, nothing in this clause affects the application or operation of— > > > > > (a) the applied Crown Lands Act provisions (except section 40A of those provisions), or > > > > > (b) the [Western Lands Act 1901](/view/html/repealed/current/act-1901-070) (except the old purchase provisions and section 18G of that Act). > > > > Note. > > > > For example, the applied Crown Lands Act provisions will continue to authorise the Minister to sell Crown land in the Western Division during the transitional purchase period.