40Purchase applications

40 Purchase applications

40 Purchase applications

(1) For the purposes of clause 5 of Schedule 4 to the Act, the Minister must take into account each of the following considerations in determining whether to grant or refuse a purchase application under Schedule 4 to the Act for Crown land under a Western lands perpetual lease within the meaning of that Schedule—

(a) whether the land has areas developed for agricultural uses (including dry land or irrigated cultivation, agriculture, horticulture, viticulture or similar uses),

(b) whether the land has legal access,

(c) whether the land contains travelling stock reserves,

(d) whether the land has any easements or third party access arrangements,

(e) whether there are any outstanding compliance issues associated with the land,

(f) whether there are any outstanding payments owing on the land,

(g) whether the land has extractive materials required by the State,

(h) whether the land is likely to be required for a future public purpose,

(i) whether any part of the land is protected for environmental or conservation purposes (such as conservation reserves or environmental offsets),

(j) whether the land is likely to be required for public infrastructure.

(2) If a purchase application is made under Schedule 4 to the Act after the commencement of that Schedule for a lease that is mortgaged, the application must be endorsed with the mortgagee’s consent.

(3) If the fee for the application is in excess of the cost of dealing with the application, the balance must be applied, firstly, to any duty payable and, secondly, to payment of any amount due on the purchase.