This Act authorises the Commonwealth to acquire, plan, develop, lease, sell and otherwise deal with specified land at Glen Davis, and it ratifies a 1939 agreement varying an earlier National Oil agreement. The Minister and Governor make the acquisition, sale and registration decisions, and land dealings may be subject to binding special conditions (use, building materials, forfeiture). Owners, purchasers and occupiers bear the costs of purchase, compliance, penalties and possible forfeiture; the Registrar‑General and local council have notification and registration roles.
Mechanically, the Glen Davis Act 1939 (the Act) does four principal things. First, it ratifies and gives state-law effect to an intergovernmental agreement recorded in the First Schedule, conditional on Commonwealth parliamentary approval (s 1(3); First Schedule). Second, it creates a legal regime for the State Minister to take, hold, plan, develop, lease, sell, forfeit and otherwise manage a defined block of land described in the Second Schedule, including powers to appropriate or resume that land under the Public Works Act 1912 and to vest it in the Minister (s 6(1)-(6); s 6(4)(a)-(b)). Third, it embeds planning and land‑disposal rules: the Minister can make plans indicating roads, reserves and land uses (s 13), dedicate constructed roads as public roads (s 14), appoint local councils as reserve trustees (s 15), lease land (s 16), sell land subject to special conditions (s 17) and vary or remove those conditions under controlled procedures (ss 17A, 17B, 17C, 22). Fourth, it inserts a disposal pathway for town lands and a process by which town lands may be declared Crown land where owners seek to divest or rates are long overdue (Part 5A, ss 26A-26O), including a no‑compensation rule for that divesting (s 26M).
Several consequential mechanisms follow from those powers. The Minister is made a corporation sole to hold legal title and be capable of doing acts in that corporate name (s 27). The Act authorises the Minister to impose special conditions on disposals which bind land despite the issue of instruments of title or creation of folios under the Real Property Act 1900 (ss 17(4), 17B). The Act also provides summary enforcement measures and a monetary penalty regime for breach of special conditions (s 32), forfeiture and rescission procedures that operate by Gazette notice (ss 18, 20), and Registrar‑General directions to record entries necessary to give effect to forfeiture or modifications (ss 20, 17A(1)(f), 22(5), 26N).
Current sections
Direct links to the current provisions in Glen Davis Act 1939.
(2) This Act shall come into force on a day to be fixed by proclamation of the Governor published in the Gazette.
(3) The Governor may not make such proclamation unless he is satisfied that the Parliament of the Commonwealth has passed an Act approving of the agreement a copy of which is set out in the First Schedule to this Act.
(4) (Repealed)
s 1: Am 1974 No 61, sec 2 (a); 1999 No 31, Sch 5.44.
2
Definitions
2 Definitions
2 Definitions
In this Act, unless the context or subject matter otherwise indicates or requires:
Council means council as defined in the Local Government Act.
Prescribed means prescribed by this Act or by the regulations.
Regulations means regulations made under this Act.
Road means road, street, lane, highway, pathway or thoroughfare, including a bridge, culvert, causeway, ford, crossing, and the like on the line of a road through or over a watercourse.
The second agreement means the agreement a copy of which is set out in the First Schedule to this Act.
The Company means National Oil Proprietary Limited.
4
Approval of agreement and certain exclusions
4 Approval of agreement and certain exclusions
4 Approval of agreement and certain exclusions
(1) The second agreement is hereby approved and ratified.
(2) The Moratorium Act 1932, and any amendment thereof, shall not apply to the first agreement as varied by the second agreement.
(3) The first agreement, as varied by the second agreement, shall not require to be registered under Part 9 of the Companies Act 1936, or the Bills of Sale Act 1898–1938, but without any such registration the first agreement, as varied by the second agreement, shall, so far as any security on the Company’s property or undertaking is thereby conferred, be valid against the liquidator or any creditor of the Company.
5
5
5 (Repealed)
Part 3
Acquisition of land
Part 3 Acquisition of land
Part 3 Acquisition of land
6
Acquisition of land
6 Acquisition of land
6 Acquisition of land
(1) The Minister may, by appropriation or resumption, acquire the whole or any part of the land described in the Second Schedule to this Act, or any land adjoining the same or adjacent thereto, for the purposes of this Act.
(2) Where the Minister proposes to acquire land by appropriation or resumption he may make application to the Governor for the purpose.
(3) The Governor may authorise the appropriation or resumption of the land.
(4) Thereupon the Governor may:
(a) appropriate or resume the land by Gazette notification under Division 1 of Part 5 of the Public Works Act 1912, as amended by subsequent Acts,
(b) notify that the land is vested in the Minister.
(5) Thereupon the land shall vest in the Minister and his successors.
(6) For the purposes of the Public Works Act 1912, as amended by subsequent Acts, such appropriation or resumption shall be deemed to be for the purpose of carrying out an authorised work within the meaning of that Act.
7
Amendment of Act No 45, 1912, sec 124
7 Amendment of Act No 45, 1912, sec 124
7 Amendment of Act No 45, 1912, sec 124
For the purposes of this Part of this Act, but not otherwise, section one hundred and twenty-four of the Public Works Act 1912, as amended by subsequent Acts, is amended by omitting the words “at the time notice was given, or notification published, as the case may be,” and by inserting in lieu thereof the words “as at the twenty-third day of July, one thousand nine hundred and thirty-seven”.
8
Closing of reserved road
8 Closing of reserved road
8 Closing of reserved road
Upon the resumption of the land described in the Second Part of the Schedule to the agreement, the reserved road referred to in that Schedule shall, by virtue of this section, be closed and the rights, if any, therein of the public or any person shall thereupon be extinguished.
In this section the agreement means the agreement a copy of which is set out in the First Schedule to this Act.
9
Surrender of land to the Crown
9 Surrender of land to the Crown
9 Surrender of land to the Crown
The Minister may surrender to the Crown any land vested in him under this Part.
The surrender shall be evidenced by an instrument in the prescribed form which shall operate to revest the surrendered land in His Majesty, His Heirs and Successors according to law.
The land so becoming vested in His Majesty shall not be available for the purpose of the Crown Land Management Act 2016.
s 9: Am 1980 No 196, Sch 1; 2017 No 17, Sch 4.40 [1].
Part 4
Part 4
Part 4
10–12 (Repealed)
pt 4 (ss 10–12): Rep 2008 No 114, Sch 4.
Part 5
Planning provisions
Part 5 Planning provisions
Part 5 Planning provisions
13
Plan
13 Plan
13 Plan
The Minister may cause a plan or plans to be made in relation to any land acquired by him under this Act, and may in such plan or plans indicate:
(a) the proposed roads and proposed reserves for public recreation or other public purposes, including any roads or any such reserves which are additional to those shown on the plan referred to in section eleven of this Act,
(b) the parts of such land which are proposed to be set apart as sites for:
(i) residences,
(ii) shops,
(iii) business premises,
(iv) other buildings,
(c) the parts of such land which are proposed to be set apart for:
(i) religious purposes,
(ii) charitable purposes,
(iii) municipal purposes,
(iv) any other public purpose of a like character.
14
Dedication of roads
14 Dedication of roads
14 Dedication of roads
The Governor may, by proclamation published in the Gazette, declare any road constructed by the Minister on land acquired by him under this Act, to be a public road.
Thereupon such road shall, notwithstanding anything contained in the Local Government Act, be a public road within the meaning of that Act.
15
Trustees of reserves
15 Trustees of reserves
15 Trustees of reserves
(1) The Minister may, by notification in the Gazette, appoint the council of the area within which any reserve referred to in paragraph (a) of section thirteen of this Act is situate, to be the trustees of such reserve.
(2) Upon the publication of such notification the reserve shall be a public reserve within the meaning of the Local Government Act.
(3) (Repealed)
(4) The Minister may transfer to the Council such estate in the land accompanied by such powers and with such conditions as the Minister may think fit and as may be specified in the instrument of transfer.
s 15: Am 1980 No 196, Sch 1.
16
Leases
16 Leases
16 Leases
(1) The Minister may lease any land acquired by him under this Act, subject to such reservations and conditions and for such term as he may think fit.
(2) Every lease made under this section shall be made to take effect in possession not later than three months after its date.
(3)
(a) Every lease made under this section shall reserve the best rent that can reasonably be obtained regard being had to the circumstances of the case.
(b) This subsection shall not apply to or in respect of a lease where, in the opinion of the Minister, the land comprised in the lease is to be used exclusively for charitable, patriotic or other public purposes.
(4) Every lease made under this section shall contain a condition of re-entry on the rent not being paid within a time therein specified, and the covenants implied by section eighty-four of the Conveyancing Act 1919–1939 shall not be excluded therefrom.
(5) Every lease made under this section shall be in writing and shall, subject to this section, contain such provisions as the Minister thinks fit and shall include a provision that the land, and buildings (if any), or any part thereof shall not be sublet and the lease shall not be assigned without the leave of the Minister, which leave the Minister may in his absolute discretion grant or withhold.
17
Power to sell
17 Power to sell
17 Power to sell
(1) The Minister may, by public auction or private treaty, sell any land acquired by him under this Act to any person upon such terms and conditions as he may think fit.
(2) Without prejudice to the generality of subsection one of this section the conditions of any such sale may include:
(a) a condition that the land shall not be used for any purpose other than a specified purpose,
(b) a condition that the land shall not be subdivided without the consent in writing of the Minister,
(c) a condition that a building of a specified character or class only shall be erected on the land and/or that a building of a specified character or class shall be erected on the land within a specified time,
(d) a condition providing for the forfeiture of the land upon breach of any specified condition,
(e) any other condition which the Minister considers necessary for the carrying out of the objects and purposes of this Act.
(3) The conditions referred to in paragraphs (a), (b), (c) and (d) of subsection two of this section are in this Part referred to as special conditions.
(4) Subject to the provisions of this Part of this Act a special condition:
(a) shall bind the land to which the special condition relates,
(b) shall not cease to bind such land upon its becoming freehold or its being brought under the provisions of the Real Property Act 1900.
s 17: Am 1980 No 196, Sch 1.
17A
Modification of certain special conditions
17A Modification of certain special conditions
17A Modification of certain special conditions
(1)
(a) Where any land has been sold under this Part upon terms and conditions which include a special condition in or to the effect of the form set out in the Fifth Schedule to this Act the Minister may, by instrument under his official seal, modify that special condition by permitting the use of any other material or materials in addition to or in lieu of the materials specified in that special condition.
(b) The power conferred by paragraph (a) of this subsection may be exercised in respect of land so sold, either before or after the land has been brought under the provisions of the Real Property Act 1900.
(c) A special condition binding any land shall not be modified under this subsection except with the consent of the owner of the land.
(d) The instrument of modification shall be in or to the effect of the prescribed form.
(e) Where a special condition binding any land is modified under this subsection either before or after the land has been brought under the provisions of the Real Property Act 1900, the provisions of subsection four of section seventeen of this Act shall apply to and in respect of the special condition as so modified.
(f) Where a special condition binding on any land is modified under this section after the land has been brought under the provisions of the Real Property Act 1900, the Registrar-General may make every such entry, cancellation and correction in the Register kept under that Act as shall appear to the Registrar-General to be necessary or proper to give effect to the instrument by which such special condition is modified.
(2) Where any land has been offered for sale under this Part upon terms and conditions which include a special condition in or to the effect of the form set out in the Fifth Schedule to this Act and has not been sold, or where the contract for sale of any land sold under this Part has been rescinded or any land so sold has been forfeited the Minister may upon any sale or resale of such land include in the terms and conditions a special condition being the aforesaid special condition modified in the way referred to in paragraph (a) of subsection one of this section.
(3) Where any land has been sold under this Part upon terms and conditions which include special conditions to the effect that:
(a) the land shall not be used for any purpose other than the purpose of a shop or the purpose of a shop and residence or the purpose of a shop and business offices or the purpose of a shop and residence and business offices, and
(b) the purchaser shall, within a period of twelve months from the date of sale, commence the erection and construction of a building appropriate to the purpose or one of the purposes for which the land may be used, and shall thereafter proceed with such erection and construction so that such building shall be completed within a period of eighteen months from the date of sale, the power conferred by section twenty-two of this Act shall, with respect to land sold subject to the special condition referred to in paragraph (a) of this subsection, extend to authorise the Minister to vary the special condition referred to in paragraph (b) of this subsection so as:
(i) to permit of an extension of the time for commencing the erection and construction of a specified part of the building, and of the time within which the same is to be completed, and
(ii) to provide for the commencement of the erection and construction of the remainder of the building, and for the completion of such remainder within a time or times to be determined in such manner as may be specified in the instrument of variation; and the determination of such time or times may, if the Minister thinks fit, be made by reference to the date of the termination of any war in which His Majesty is engaged at the commencement of the Glen Davis (Amendment) Act 1943.
This subsection shall not be construed as affecting the construction of section twenty-two of this Act in its application to and in respect of any special condition other than special conditions of the nature referred to in this subsection.
(4) Where any land has been offered for sale under this Part upon terms and conditions which include special conditions of the nature referred to in subsection three of this section, and has not been sold, or where the contract for sale of any land sold under this Part has been rescinded, or where any land sold has been forfeited, the Minister may upon any sale or resale of such land include in the terms and conditions a special condition, being the special condition referred to in paragraph (b) of subsection three of this section varied in the manner and to the extent referred to in that subsection.
s 17A: Ins 1943 No 20, sec 2 (a). Am 1980 No 196, Sch 1.
17B
Creation of folio of Register not to affect conditions etc
17B Creation of folio of Register not to affect conditions etc
17B Creation of folio of Register not to affect conditions etc
(1) Except in so far as a contrary intention appears:
(a) any covenants, conditions, reservations 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 kept under the Real Property Act 1900 whether before or after the commencement of Schedule 1 to the Miscellaneous Acts (Crown 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 of this Act.
s 17B: Ins 1980 No 196, Sch 1.
17C
Removal of conditions etc
17C Removal of conditions etc
17C Removal of conditions etc
(1) The Minister may:
(a) before the creation of a folio of the Register kept under the Real Property Act 1900 in respect of land sold, leased or otherwise disposed of under this Act, direct in writing that any covenant, condition, reservation or provision attaching or applying to the land shall cease to attach or apply to the land upon the creation of the folio, and
(b) after the creation of a folio of the Register kept under the Real Property Act 1900 in respect of land sold, leased or otherwise disposed of under this Act, direct in writing that any covenant, condition, reservation or provision attaching or applying to the land shall cease to attach or apply to the land as from the date of the direction.
(2) The Registrar-General shall give effect to a direction given under subsection (1).
s 17C: Ins 1980 No 196, Sch 1.
18
Breach of conditions in contract of sale
18 Breach of conditions in contract of sale
18 Breach of conditions in contract of sale
(1) In the event of the breach or non-observance of any of the terms or conditions contained in a contract for the sale of any land made under this Part of this Act, it shall be lawful for the Minister, by notification published in the Gazette, to declare the contract to be rescinded and thereupon the contract shall be rescinded and all moneys paid to the Minister thereunder shall be forfeited.
The rescission shall not operate to extinguish the obligation to pay any moneys which are due and payable to the Minister at the date of the notification.
(2) The acceptance by or on behalf of the Minister of any moneys payable to him under the contract shall not be held to operate as a waiver of the breach or non-observance of any term or condition contained in the contract.
19
Exclusion of minerals etc
19 Exclusion of minerals etc
19 Exclusion of minerals etc
(1) A sale, lease or other disposal of land under this Act, where:
(b) 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 defined by or under the Mining Act 1973 or the Coal Mining Act 1973 as at the time when a folio of the Register kept under the Real Property Act 1900 is first created in respect of the land.
(2) A sale, lease or other disposal of land under 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 1 to the Miscellaneous Acts (Crown Land Titles) Amendment Act 1980 does not include the sale, lease or disposal of any minerals contained in the land, being minerals defined by or under the Mining Act 1973 or the Coal Mining Act 1973 as at the time when the land is contracted to be sold, the lease is commenced or the disposal takes place, as the case may require.
(3) Upon:
(a) the creation of a folio of the Register kept under the Real Property Act 1900 in respect of land sold, leased or otherwise disposed of under this Act, being the first folio of that Register created in respect of that land, or
(b) the execution of an instrument evidencing a sale, lease or other disposal of land under 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.
(4) Subsection (3) does not apply to a sale, lease or other disposal of land in respect of which a Crown grant was issued under this Act as in force before the commencement of Schedule 1 to the Miscellaneous Acts (Crown Land Titles) Amendment Act 1980.
s 19: Subst 1980 No 196, Sch 1.
19A
Estate in land
19A Estate in land
19A Estate in land
A person who has purchased, or contracted to purchase, land under this Act has, subject to this Act, an estate in fee simple in the land.
s 19A: Ins 1980 No 196, Sch 1.
20
Forfeiture
20 Forfeiture
20 Forfeiture
(1) Where land becomes liable to be forfeited under this Act such forfeiture may be declared by the Minister by notification published in the Gazette.
(2) Where land which is under the provisions of the Real Property Act 1900 is forfeited pursuant to this section the Registrar-General may, upon the application of the Minister and upon production of the Gazette notification declaring such forfeiture, make every such entry, cancellation and correction in the Register kept under that Act as shall appear to the Registrar-General to be necessary or proper.
s 20: Am 1980 No 196, Sch 1.
21
Effect of cancellation of contract and forfeiture of land
21 Effect of cancellation of contract and forfeiture of land
21 Effect of cancellation of contract and forfeiture of land
(1) Where a contract for sale is rescinded pursuant to section eighteen of this Act the land to which the contract related may be disposed of by the Minister under this Part.
(2) Where land is forfeited pursuant to section twenty of this Act the land shall revest in His Majesty, His Heirs and Successors according to law.
Lands so revested in His Majesty may be disposed of by the Minister under this Part.
s 21: Am 1980 No 196, Sch 1; 2017 No 17, Sch 4.40 [2].
22
Variation of special conditions
22 Variation of special conditions
22 Variation of special conditions
(1) Where the Minister is satisfied that, having regard to the circumstances of the case, it is just and reasonable so to do, he may, by instrument under his official seal, cancel or vary any special condition which binds any land.
(2) The instrument shall be in or to the effect of the prescribed form.
(3) A special condition binding any land shall not be cancelled or varied under this section except with the consent of the owner of the land.
(4) Where a special condition binding any land is varied under this section the provisions of subsection four of section seventeen of this Act shall apply to and in respect of the special condition as so varied.
(5) Where a special condition binding on any land which is under the provisions of the Real Property Act 1900 is cancelled or varied under this section, the Registrar-General may make every such entry, cancellation and correction in the Register kept under that Act as shall appear to the Registrar-General to be necessary or proper to give effect to the instrument by which such special condition is cancelled or varied.
s 22: Am 1980 No 196, Sch 1.
23
Land for charitable and municipal purposes
23 Land for charitable and municipal purposes
23 Land for charitable and municipal purposes
(1) Any land acquired by the Minister under this Act may be transferred by him, with or without consideration, to such person or body of persons as he may nominate for the purpose, as a site to be used for religious, charitable or municipal purposes or other public purposes of a like character.
(2) Land transferred under subsection (1) shall be subject to:
(a) (Repealed)
(b) a condition binding the land, which shall be a special condition within the meaning of this Act, for the erection within a specified time of a building according to plans and specifications approved by the Minister, and
(c) a condition binding the land, which shall be a special condition within the meaning of this Act, providing that the land shall not be used for purposes other than those specified, and
(d) a condition of forfeiture on the breach or non-observance of any specified condition, being a condition referred to in paragraph (b) or paragraph (c) of this subsection.
s 23: Am 1980 No 196, Sch 1.
24
Crown grant of hotel site
24 Crown grant of hotel site
24 Crown grant of hotel site
(1) As soon as practicable after the commencement of this Act a Crown grant of the lands described in the Fourth Schedule to this Act shall be issued to William Joseph Lees of Mount Victoria, licensed publican, his heirs and successors forever.
(2) The Crown grant issued under this section shall contain:
(a) the reservation of minerals referred to in paragraph (a) of subsection two of section nineteen of this Act, and such other reservations and exceptions as may, by the Governor, be deemed expedient in the public interest,
(b) a condition binding the land, which shall be a special condition within the meaning of this Act, for the construction, within twelve months after the date of the Crown grant, upon the lands thereby granted, of buildings in accordance with the plans and information lodged with the licensing court for the Hartley licensing district held at Lithgow on the twenty-eighth day of September, one thousand nine hundred and thirty-nine, in connection with an application by Edith Mary Gardiner the licensee of the Mount Victoria Hotel situated at Mount Victoria in the said licensing district for the conditional removal of such licence to premises proposed to be erected at Glen Davis in the said licensing district upon the lands described in such application,
(c) a condition binding the land, which shall be a special condition within the meaning of this Act, providing that the land shall not, after a specified date, be used for any purpose other than as licensed premises in respect of which a publican’s licence is held,
(d) a condition of forfeiture:
(i) on the breach or non-observance of any specified condition being a condition referred to in paragraph (a) of this subsection, or
(ii) on the breach or non-observance of any condition referred to in paragraph (b) or paragraph (c) of this subsection, or
(iii) in the event of the land ceasing to be premises in respect of which a publican’s licence is held.
25
Power to remit amounts and extend times
25 Power to remit amounts and extend times
25 Power to remit amounts and extend times
The Minister may:
(a) remit any part of the amount due under any contract for the sale of land under this Part of this Act,
(b) extend the period provided in any such contract for the payment of any purchase money.
26
Remedies
26 Remedies
26 Remedies
(1) Where, by virtue of this Act or of the operation of any instrument made or executed under this Act, the Minister is entitled to the possession of any land and the person in the occupation or use of such land, or any other person, refuses to give up possession thereof or hinders the Minister from entering upon or taking possession of the same, the Minister may issue a warrant to the Sheriff to deliver possession of the same to the person appointed in such warrant to receive the same.
(2) Upon the receipt of such warrant the Sheriff shall deliver possession of such lands accordingly and the cost accruing by reason of the issuing and execution of such warrant to be settled by the Sheriff shall be paid by the person refusing to give possession.
owner, in relation to town lands, includes every person who jointly or severally, whether at law or in equity:
(a) is entitled to town lands for any estate of freehold in possession, or
(b) is entitled to receive, or is in receipt of, or if the town lands were let to a tenant would be entitled to receive, the rents and profits thereof, whether as beneficial owner, trustee, mortgagee in possession or otherwise.
town lands means lands granted under Part 5 or any part of those lands.
s 26A: Ins 1974 No 61, sec 2 (b). Am 2017 No 17, Sch 4.40 [3].
26B
Notice by Minister of divesting
26B Notice by Minister of divesting
26B Notice by Minister of divesting
The Minister may give written notice to an owner of town lands that the owner may divest himself of his estate and interest in those lands in accordance with the provisions of this Part.
s 26B: Ins 1974 No 61, sec 2 (b).
26C
Notice by owner of divesting
26C Notice by owner of divesting
26C Notice by owner of divesting
An owner of town lands may give written notice to the Minister that he wishes to divest himself of his estate and interest in those lands in accordance with the provisions of this Part.
s 26C: Ins 1974 No 61, sec 2 (b).
26D
Search and notification
26D Search and notification
26D Search and notification
Upon the receipt of a notice under section 26C, the Minister shall, in respect of the lands to which that notice relates:
(a) cause a search to be made against those lands, and
(b) give written notification to any person who appears to have an estate or interest in those lands, other than the person from whom the notice under section 26C has been received, which shall:
(i) state that a notice has been received under section 26C,
(ii) state that the Minister may, on the expiration of a period of not less than thirty days from the date of the notification, declare those lands to be Crown land under section 26F,
(iii) inform the person to whom the notification is addressed that no compensation shall be payable to him on the making of a declaration under section 26F, and
(iv) inform the person to whom the notification is addressed of his right to object to the Minister under section 26E against the making of a declaration under section 26F in respect of those lands.
s 26D: Ins 1974 No 61, sec 2 (b). Am 2017 No 17, Sch 4.40 [4].
26E
Objections
26E Objections
26E Objections
(1) At any time during the period referred to in section 26D (b) (ii), a person who has or claims to have an estate or interest in the lands to which a notification referred to in section 26D (b) relates, may object in writing to the Minister against the making of a declaration under section 26F in respect of those lands.
(2) The Minister shall consider and determine all objections made under subsection (1) and shall notify each objector of his determination concerning the objection.
(3) The Minister shall not make a declaration under section 26F until such time as the period referred to in section 26D (b) (ii) has expired or until he has notified his determination of any objection made under subsection (1) to the objector, whichever shall last occur.
s 26E: Ins 1974 No 61, sec 2 (b).
26F
Minister may declare lands to be Crown land
26F Minister may declare lands to be Crown land
26F Minister may declare lands to be Crown land
Subject to sections 26C, 26D and 26E, the Minister may, if he is of the opinion that it is desirable to do so, declare, by notice published in the Gazette, town lands to be Crown land.
s 26F: Ins 1974 No 61, sec 2 (b). Am 2017 No 17, Sch 4.40 [5].
26G
Minister may declare lands to be Crown land where rates are overdue
26G Minister may declare lands to be Crown land where rates are overdue
26G Minister may declare lands to be Crown land where rates are overdue
Subject to sections 26H, 26I and 26J, where, before or after the commencement of the Glen Davis (Amendment) Act 1974 a rate levied under the Local Government Act in respect of town lands is overdue for more than five years, the Minister may, if he is of the opinion that it is desirable to do so, declare, by notice published in the Gazette, those town lands to be Crown land.
s 26G: Ins 1974 No 61, sec 2 (b). Am 2017 No 17, Sch 4.40 [6].
26H
Shire clerk’s certificate
26H Shire clerk’s certificate
26H Shire clerk’s certificate
The Minister shall not make a declaration under section 26G unless the shire clerk of the Blaxland Shire Council first certifies in writing what rates are due or payable to that Council in respect of the town lands, with particulars of the rates, when the rates were made and how levied and when they became due or payable.
s 26H: Ins 1974 No 61, sec 2 (b).
26I
Search and notification
26I Search and notification
26I Search and notification
Upon the receipt of a certificate from the shire clerk under section 26H, the Minister shall, in respect of the lands to which that certificate relates:
(a) cause a search to be made against those lands, and
(b) give written notification to any person who appears to have an estate or interest in those lands which shall:
(i) state that the Minister may, on the expiration of a period of not less than thirty days from the date of the notification, declare those lands to be Crown land under section 26G, and
(ii) inform the person to whom the notification is addressed of the provisions of section 26J.
s 26I: Ins 1974 No 61, sec 2 (b). Am 2017 No 17, Sch 4.40 [7].
26J
Payment of rates
26J Payment of rates
26J Payment of rates
Where, in respect of town lands, before the expiration of the period referred to in section 26I (b) (i):
(a) an overdue rate, and all other rates due and in arrears, are paid to the Blaxland Shire Council, or
(b) an arrangement satisfactory to the Blaxland Shire Council for repayment of the rates referred to in paragraph (a) is entered into by the owner,
the Minister shall not make a declaration under section 26G.
ss 26J–26O: Ins 1974 No 61, sec 2 (b).
26K
Making of declaration by Minister
26K Making of declaration by Minister
26K Making of declaration by Minister
The Minister may make a declaration in respect of town lands under section 26G notwithstanding that a notice has not been received from the owner of those town lands under section 26C.
ss 26J–26O: Ins 1974 No 61, sec 2 (b).
26L
Divesting of estate, interest etc in land on publication of notice
26L Divesting of estate, interest etc in land on publication of notice
26L Divesting of estate, interest etc in land on publication of notice
On the publication in the Gazette of a notice under section 26F or section 26G, in relation to the town lands described in that notice:
(a) any estate or interest therein which, immediately before the date of publication of the notice, was vested in or held by any person or body of persons shall be divested,
(b) any person or body referred to in paragraph (a) shall be discharged from any duties, liabilities or obligations existing immediately before the date of publication of the notice in respect thereof,
(c) any trusts, conditions, encumbrances, dedications or reservations affecting the town lands immediately before the date of publication of the notice shall be revoked and annulled, and
(d) notwithstanding the provisions of the Local Government Act, the Blaxland Shire Council shall write off all rates and charges due to it in respect thereof.
ss 26J–26O: Ins 1974 No 61, sec 2 (b).
26M
No compensation payable
26M No compensation payable
26M No compensation payable
No compensation shall be payable to any person or body of persons in respect of the divesting of any estate or interest under this Part.
ss 26J–26O: Ins 1974 No 61, sec 2 (b).
26N
Registrar-General shall make entries etc in Register
26N Registrar-General shall make entries etc in Register
26N Registrar-General shall make entries etc in Register
The Registrar-General shall make all such entries, recordings, notifications and cancellations in the Register kept by him under the Real Property Act 1900 as to him seem necessary or convenient in consequence of the enactment of this Part.
ss 26J–26O: Ins 1974 No 61, sec 2 (b).
26O
Service of notices
26O Service of notices
26O Service of notices
A notice or notification authorised or required to be given under this Part may be given as if it were a notice required to be served upon an owner of land by or under the Local Government Act.
ss 26J–26O: Ins 1974 No 61, sec 2 (b).
Part 6
Miscellaneous
Part 6 Miscellaneous
Part 6 Miscellaneous
27
Minister a body corporate
27 Minister a body corporate
27 Minister a body corporate
(1) For the purpose of facilitating the acquisition and disposal of land under this Act the Minister shall be a corporation sole under the name of “the Minister” and by that name shall have perpetual succession and an official seal and may sue and be sued in his corporate name and shall, for the purposes and subject to the provisions of this Act, be capable of purchasing, holding, granting, demising, disposing of or otherwise dealing with real and personal property, and of doing and suffering all such acts and things as bodies corporate may by law do and suffer.
(2) All courts and persons having by law or consent of parties authority to hear, receive, and examine evidence:
(a) shall take judicial notice of the official seal of the corporation sole affixed to any document, and
(b) shall, until the contrary be proved, presume that such seal was properly affixed thereto.
28
Statement for Parliament
28 Statement for Parliament
28 Statement for Parliament
As soon as practicable after the thirtieth day of June in each year the Minister shall prepare and lay before both Houses of Parliament a statement for the year ending on that date, showing:
(a) the moneys expended during such year under this Act in acquiring land and in carrying out any works on such land,
(b) the rentals contracted for, the amount of rent received and of arrears outstanding,
(c) the area of land appropriated and resumed under this Act and the value of such land,
(d) the area of land sold under this Act and the consideration for each sale,
(e) such other matters as are necessary for the survey of the Minister’s operations under this Act for the year.
29
29
29 (Repealed)
30
Constitution of municipality
30 Constitution of municipality
30 Constitution of municipality
(1) Notwithstanding anything contained in the Local Government Act the Governor may, by proclamation published in the Gazette, declare that the whole or any part of any land theretofore acquired by the Minister under this Act, together with such other lands (if any) as the Governor may think fit, shall, as from a date appointed in the proclamation, be constituted as a municipality within the meaning of the Local Government Act.
The corporate name of such municipality shall be “The Council of the Municipality of Glen Davis”.
(2) The Governor may, in and by the proclamation, appoint an administrator of such municipality.
(3) The Governor may, by such proclamation, or by any subsequent proclamation made by him from time to time and published in the Gazette, declare that until the first election of aldermen of the municipality is held all or any of the provisions of the Local Government Act or of any other Act as specified in the proclamation, in so far as they apply to a municipality or to the council thereof or to the area of a municipality, shall not apply to or in respect of the municipality constituted under this section.
(4) Upon the date appointed in the proclamation under subsection one of this section:
(a) the lands so constituted a municipality shall cease to be a part of the Shire of Blaxland,
(b) the council of such shire shall be deemed to be the council of that shire as altered by the taking away of such lands, and
(c) no reconstitution of the council or the area of the Shire of Blaxland shall be necessary.
(5) An administrator appointed under this section shall have the powers, duties and liabilities of a council, and shall be paid out of the general fund of the municipality such salary as the Governor may determine.
(6) The Governor may, by proclamation published in the Gazette, appoint a date upon which the first election of aldermen of the municipality shall be held.
(7) An administrator appointed by the Governor under this section may be removed by the Governor by proclamation published in the Gazette, and the Governor may, in like manner, appoint another administrator in his stead.
(8) An administrator appointed under this section shall cease to hold office as such upon the date upon which the first election of aldermen of the municipality is held.
31
No compensation payable on certain resumptions
31 No compensation payable on certain resumptions
31 No compensation payable on certain resumptions
No compensation shall be payable to any person or body of persons, corporate or unincorporate, in respect of the appropriation or resumption under this Act of any of the lands described in the Second Schedule to this Act.
32
Penalty
32 Penalty
32 Penalty
Any person who contravenes or fails to comply with any special condition attached to land by the operation of this Act, shall be liable, upon summary conviction, to a penalty not exceeding forty dollars, and where the contravention or failure is a continuing one, to a penalty not exceeding four dollars for each day during which such contravention or failure continues.
s 32: Am 1980 No 196, Sch 1.
33
Regulations
33 Regulations
33 Regulations
(1) The Governor may make regulations not inconsistent with this Act prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) The regulations may impose a penalty not exceeding one hundred dollars for any breach thereof.
(3), (4) (Repealed)
s 33: Am 1974 No 61, sec 2 (c); 1987 No 48, Sch 32.
Schedule 1
THE SCHEDULE REFERRED TO
Schedule 1 THE SCHEDULE REFERRED TO
First Schedule
MEMORANDUM OF AGREEMENT made the twenty-fifth day of October one thousand nine hundred and thirty-nine BETWEEN THE COMMONWEALTH OF AUSTRALIA (hereinafter called “the Commonwealth”) of the first part THE STATE OF NEW SOUTH WALES (hereinafter called “the State”) of the second part and NATIONAL OIL PROPRIETARY LIMITED (hereinafter called “the Company”) of the third part and intended to be read and construed as if endorsed upon the agreement made on the twenty-third day of July one thousand nine hundred and thirty-seven between the same parties as are parties hereto which was ratified by the National Oil Proprietary Limited Agreement Act 1937 of the Commonwealth and the National Oil Proprietary Limited Agreement Ratification Act 1937 of the State.
WHEREAS it is necessary to vary the said agreement as hereinafter mentioned NOW IT IS HEREBY AGREED as follows:—
(a)
Notwithstanding the terms of Clause 19 of the said agreement made the twenty-third day of July one thousand nine hundred and thirty-seven that clause and the other parts of that agreement shall be read and construed as if the Fourth Schedule to that agreement contained and had at the date of execution of such agreement contained words excluding from the said Fourth Schedule the lands described in the First Part of the Schedule to this agreement.
(b)
The Act of the State ratifying this agreement shall provide accordingly for the revocation of the reservation enacted by Section eight of the National Oil Proprietary Limited Agreement Ratification Act 1937 so far as concerns the land described in the First Part of the Schedule to this agreement.
(a)
Notwithstanding the provisions of Clause 12 of the said agreement made the twenty-third day of July one thousand nine hundred and thirty-seven and the terms of the Deed of Covenant and Charge dated the twenty-eighth day of March one thousand nine hundred and thirty-nine registered Number 868 Book 1841 made by the Company in favour of the Commonwealth the Prime Minister of the Commonwealth shall have power to release without any consideration the lands described in the Schedule hereto from the provisions of Clause 12 of the said agreement and of the said Deed of Covenant and Charge to the intent that such lands shall cease to be comprised in or subject to such Deed of Covenant and Charge and the Prime Minister may deliver up to the Company all documents of title to any of the said lands.
(b)
Notwithstanding the provisions of Clause 12 of the said agreement made the twenty-third day of July one thousand nine hundred and thirty-seven and the terms of the Deed of Covenant and Charge dated the twenty-eighth day of March one thousand nine hundred and thirty-nine registered Number 869 Book 1841 made by the Company in favour of the State the Premier of the State shall have power to release without any consideration the lands described in the Schedule hereto from the provisions of Clause 12 of the said agreement and of the said Deed of Covenant and Charge to the intent that such lands shall cease to be comprised in or subject to such Deed of Covenant and Charge and the Premier may deliver up to the Company all documents of title to any of the said lands.
In this agreement unless the context otherwise requires the expressions “Prime Minister” and “Premier” have the same respective meanings as they have in the said agreement dated the twenty-third day of July one thousand nine hundred and thirty-seven.
This agreement shall have no force or effect and shall not be binding on any party unless and until it is approved by the Parliaments of the Commonwealth and of the State.
IN WITNESS whereof the parties hereto have executed these presents the day and year first above written.
| SIGNED SEALED AND DELIVERED by THE HONOURABLE HATTIL SPENCER FOLL the Minister for the Interior of the Commonwealth of Australia for and on behalf of the Commonwealth of Australia in the presence of:H.E. STREET. | } | H.S. FOLL |
| SIGNED SEALED AND DELIVERED by THE HONOURABLE LEWIS ORMSBY MARTIN the Minister for Public Works of the State of New South Wales for and on behalf of the State in the presence of:R.A. JOHNSON. | } | L.O. MARTIN |
| THE COMMON SEAL OF NATIONAL OIL PROPRIETARY LIMITED was hereunto affixed by authority of the Board of Directors in the presence of:V.H. BARR SMITH. | } | (L.S.)GEO. F. DAVISDirector. |
THE SCHEDULE REFERRED TO
FIRST PART
All that piece or parcel of Crown land situate in the Shire of Blaxland, parish of Gindantherie, county of Cook and State of New South Wales, being part of M.L. 25, Lithgow Mining Division:—
Commencing at the south-western corner of portion 2, parish of Gindantherie; and bounded thence on the north by the southern boundary of that portion bearing 89 degrees 53 minutes 30 seconds 16 chains 3.7 links and part of the southern boundary of portion 3 bearing 89 degrees 57 minutes 30 seconds 12 chains 34.2 links; on the east by a line bearing 179 degrees 33 minutes 21 chains 55.8 links; on the south by a line bearing 270 degrees 48 chains 60.7 links to the eastern boundary of portion 7; on the west by part of that boundary bearing 6 minutes 11 chains 38.7 links to the south-western corner of portion 1; again on the north by the southern boundary of that portion, being lines successively bearing 89 degrees 45 minutes 30 seconds 15 chains 5.5 links and 89 degrees 43 minutes 10 seconds 5 chains 0.5 links; and again on the west by part of the eastern boundary of that portion bearing 359 degrees 52 minutes 45 seconds 10 chains 4.5 links to the point of commencement; having an area of 84 acres 34 3/4 perches or thereabouts.
SECOND PART
All that piece or parcel of land, having an area of 107 acres 1 rood 13 perches or thereabouts, situate in the Shire of Blaxland, parish of Gindantherie, county of Cook and State of New South Wales, being part of portions 1, 2 and 3:—
Commencing on the right bank of Capertee River at the north-eastern corner of the said portion 2; and bounded thence on the east by part of the eastern boundary of that portion bearing 179 degrees 52 minutes 45 seconds 21 chains 10.6 links; on the north by lines successively bearing 90 degrees 8 minutes 45 seconds 11 chains 43.6 links, 93 degrees 20 minutes 75.8 links, and 99 degrees 42 minutes 20 seconds 75.8 links; on the south-east by a line bearing 192 degrees 53 minutes 40 seconds 2 chains 87.9 links; on the east by a line bearing 179 degrees 33 minutes 8 chains 79.4 links to the southern boundary of the said portion 3; on the south by part of that boundary and the southern boundary of the said portion 2 bearing 269 degrees 57 minutes 30 seconds 12 chains 34.2 links and 269 degrees 53 minutes 30 seconds 16 chains 3.7 links respectively; again on the east by part of the eastern boundary of the said portion 1 bearing 179 degrees 52 minutes 45 seconds 10 chains 4.5 links to the south-eastern corner of that portion; again on the south by the southern boundary of that portion being lines successively bearing 269 degrees 43 minutes 10 seconds 5 chains 0.5 link and 269 degrees 45 minutes 30 seconds 15 chains 5.5 links; on the west by the western boundary of that portion bearing 360 degrees 20 chains 71.2 links to the right bank of Capertee River aforesaid; and generally on the north, north-west and north-east by that river downwards to the point of commencement; but excluding thereout the road, 2 chains wide and variable width, within the said portions 1, 2 and 3, and having an area of 7 acres 26 1/2 perches or thereabouts, which area has been deducted from the total.
Schedule 2
Description
Schedule 2 Description
Second Schedule
Description
All that piece or parcel of land situate in the Shire of Blaxland, parish of Gindantherie, county of Cook and State of New South Wales, being portions 1 and 2, part of portion 3 and part of M.L. 25, Lithgow Mining Division:—
Commencing on the right bank of Capertee River at the north-eastern corner of the said portion 2; and bounded thence on the east by part of the eastern boundary of that portion bearing 179 degrees 52 minutes 45 seconds 21 chains 10.6 links; on the north by lines successively bearing 90 degrees 8 minutes 45 seconds 11 chains 43.6 links, 93 degrees 20 minutes 75.8 links and 99 degrees 42 minutes 20 seconds 75.8 links; on the south-east by a line bearing 192 degrees 53 minutes 40 seconds 2 chains 87.9 links; on the east by a line bearing 179 degrees 33 minutes 30 chains 35.2 links; on the south by a line bearing 270 degrees 48 chains 60.7 links to the eastern boundary of portion 7; on the west by part of that boundary being lines successively bearing 6 minutes 11 chains 38.7 links and 360 degrees 20 chains 71.2 links to the right bank of Capertee River aforesaid; and generally on the north, north-west and north-east by that river downwards to the point of commencement:—and having an area of 198 acres 2 roods 34 1/4 perches or thereabouts.
Schedule 3
Schedule 3
Third Schedule (Repealed)
Schedule 4
Description of hotel site
Schedule 4 Description of hotel site
Fourth Schedule
Description of hotel site
An area of 2 acres comprising part of portion 2, parish of Gindantherie, county of Cook:—
Commencing within the said portion 2 at a point bearing 320 degrees 48 minutes 40 seconds and distant 1007.8 feet from the south-eastern corner of portion 2 and bounded thence on the south by a line bearing 270 degrees 8 minutes 45 seconds 330 feet; on the west by a line bearing 8 minutes 45 seconds 264 feet; on the north by a line bearing 90 degrees 8 minutes 45 seconds 330 feet; and on the east by a line bearing 180 degrees 8 minutes 45 seconds 264 feet to the point of commencement.
Schedule 5
Special condition
Schedule 5 Special condition
Fifth Schedule
Special condition
The outer part of the external walls of any main building shall be constructed of brick, stone and/or concrete and of no other material or materials whatsoever—and each building shall cost and be of a value of 900 dollars ($900) at the least.
Fifth Sch: Ins 1943 No 20, sec 2 (b).
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act and commencement
1 Name of Act and commencement
1 Name of Act and commencement
(1) This Act may be cited as the Glen Davis Act 1939.
(2) This Act shall come into force on a day to be fixed by proclamation of the Governor published in the Gazette.
(3) The Governor may not make such proclamation unless he is satisfied that the Parliament of the Commonwealth has passed an Act approving of the agreement a copy of which is set out in the First Schedule to this Act.
(4) (Repealed)
s 1: Am 1974 No 61, sec 2 (a); 1999 No 31, Sch 5.44.
2 Definitions
2 Definitions
2 Definitions
In this Act, unless the context or subject matter otherwise indicates or requires:
Council means council as defined in the Local Government Act.
Local Government Act means the Local Government Act 1919 as amended by subsequent Acts.
Prescribed means prescribed by this Act or by the regulations.
Regulations means regulations made under this Act.
Road means road, street, lane, highway, pathway or thoroughfare, including a bridge, culvert, causeway, ford, crossing, and the like on the line of a road through or over a watercourse.
Part 2 Ratification of agreement
Part 2 Ratification of agreement
Part 2 Ratification of agreement
3 Definitions
3 Definitions
3 Definitions
In this Part:
The first agreement means the agreement a copy of which is set out in the Schedule to the National Oil Proprietary Limited Agreement Ratification Act 1937.
The second agreement means the agreement a copy of which is set out in the First Schedule to this Act.
The Company means National Oil Proprietary Limited.
4 Approval of agreement and certain exclusions
4 Approval of agreement and certain exclusions
4 Approval of agreement and certain exclusions
The First Schedule records an agreement varying a prior 1937 agreement involving the Commonwealth, the State and National Oil Proprietary Limited. The Act expressly approves the “second agreement” and disapplies the Moratorium Act 1932 and some registration requirements so that, as varied, the first agreement and its security provisions remain valid against liquidators and creditors notwithstanding non‑registration (Part 2, ss 3-4).
Who pays, who decides and what changes in behaviour follow from these mechanics. The State (through the Minister) decides on acquisition, dedication, sale and lease terms and special conditions (ss 6, 13-17, 22). Owners and purchasers pay money under contracts for sale and may suffer forfeiture or divesting where conditions and rate obligations are not met (ss 18, 20, 26G, 26L). Local government actors are implicated as possible reserve trustees (s 15), as rate collectors whose certification triggers Crown land declarations (s 26H), and may be required to write off rates where the Minister declares town lands to be Crown land (s 26L(d)). Purchasers and owners face compliance burdens: adherence to special conditions (including building materials and values per the Fifth Schedule), payment schedules, and the duty to respond to notices; lessees need Ministerial consent to assign or sublet (s 16(5)). The Act also creates a concentration of benefit in specified parties: the First Schedule gives powers to the Commonwealth and State executives and the Company concerning release of lands from covenants and charges (First Schedule cl 2). The Crown’s reservation of minerals and the exclusion of minerals from sales are specifically preserved and defined by reference to mining statutes (s 19).
The Act operates largely through delegated executive choices and Gazette notices. Many operative steps require only Ministerial decision, instrument under seal, and publication in the Gazette (ss 6(4), 14, 17, 18(1), 20(1), 26F, 26G, 26L). That delegation concentrates decision rights in the Minister and through administrative offices such as the Registrar‑General and the Sheriff for possession enforcement (ss 26(1)-(2), 20(2)). The text supplies procedures for objections where owners are notified under Part 5A, but it also limits compensation in key instances (ss 26D(1)(iii), 26M, 31).
The remainder of this note explains the Act’s core concepts and provisions, cites specific sections where relevant, and analyses incentives, compliance burdens, and practical effects for affected parties.
Main concepts
The Act rests on a small set of recurring statutory concepts that govern acquisition, disposal, conditions on title, and executive administration. Each main concept appears in multiple sections; here they are set out with the operative mechanics and textual anchors.
Ratification and conditional commencement: s 1(1) provides the Act’s title and s 1(2) makes commencement subject to a Governor’s proclamation. Section 1(3) places a precondition on proclamation: the Governor may not proclaim commencement unless satisfied that the Parliament of the Commonwealth has passed an Act approving the agreement set out in the First Schedule. The First Schedule itself records the memorandum of agreement varying the 1937 intergovernmental arrangement.
Appropriation, resumption and vesting: The Minister may acquire by appropriation or resumption specified land described in the Second Schedule and adjacent land for the Act’s purposes (s 6(1)). The Governor authorises appropriation or resumption on application by the Minister (s 6(2)-(3)), and the Governor may appropriate or resume by Gazette notice and notify that the land is vested in the Minister (s 6(4)(a)-(b)). Upon that process, the land vests in the Minister and successors (s 6(5)). The Act expressly treats such appropriation or resumption as an “authorised work” within the Public Works Act 1912 for the purposes of that Act (s 6(6)).
Planning and public amenities: The Minister may prepare plans for acquired land showing proposed roads, reserves, and sites for residences, shops, business premises and other public or quasi‑public uses (s 13). The Governor may declare by Gazette that a road constructed by the Minister be a public road, and that declaration makes the road a public road notwithstanding provisions in the Local Government Act (s 14).
Trusteeship and local government involvement: The Minister may appoint the relevant council to be trustees of reserves (s 15(1)-(2)), transfer estate to the council with specified powers and conditions (s 15(4)), and in other sections the Act interacts with council duties (for example, the Blaxland Shire Council’s role in certifying rates under s 26H).
Disposals: Leases and sales are ministerial powers with conditions. The Minister may lease land with reservations, conditions and terms as he thinks fit, with leases to commence in possession within three months and to reserve best rent unless for charitable uses (s 16(1)-(4)). Sales may occur by auction or private treaty and may include special conditions restricting use, subdivision, building character and forfeiture provisions (s 17(1)-(2), (3)). Special conditions are defined and are intended to bind the land even upon conversion to freehold or registration under the Real Property Act (s 17(3)-(4)).
Special conditions and modification: Special conditions can be modified in limited ways. Section 17A permits modification where the special condition is in the form of the Fifth Schedule, allowing substitution of building materials with the owner’s consent and subject to prescribed instrument form. Section 22 allows the Minister, if satisfied it is just and reasonable and with the owner’s consent, to cancel or vary special conditions.
Persistence of conditions against folios and titles: Section 17B provides that covenants, conditions and provisions applying to land under the Act do not cease to attach or apply by virtue only of the issue of an instrument of title or the creation of a folio under the Real Property Act, and they may attach to parts as well as the whole. Section 17C gives the Minister power to direct that conditions cease to attach on folio creation or thereafter; the Registrar‑General must give effect to such direction.
Forfeiture, rescission and remedies: The Minister may rescind contracts and forfeit moneys by Gazette notification on breach of sale terms (s 18(1)), and acceptance of payments is not a waiver (s 18(2)). Forfeiture of land is declared by Gazette notification (s 20(1)) and the Registrar‑General is directed to make the necessary Register entries (s 20(2)). The Minister can use the Sheriff to obtain possession where occupiers refuse to yield (s 26(1)-(2)).
Exclusion and reservation of minerals: Sales, leases or disposals under the Act do not include minerals defined by the Mining Act 1973 or the Coal Mining Act 1973 in certain scenarios; s 19(1)-(2) excludes minerals where the contract or disposal was made before or on/after the commencement of the Miscellaneous Acts amendment schedule, defined by reference to when folios are created or contracts commenced. The Minister may determine reservations and exceptions in the public interest upon creation of a folio or execution of a disposal instrument (s 19(3)).
Estate in fee simple, Crown reinvestment and no compensation: A purchaser under the Act obtains a fee simple estate subject to the Act (s 19A). Where land is forfeited it revests in His Majesty and is not available for the purposes of the Crown Land Management Act 2016 (ss 20(2), 21). Section 31 states that no compensation is payable for appropriation or resumption of lands described in the Second Schedule. Part 5A provides for declaration of town lands as Crown land following specified procedures and makes explicit that no compensation is payable on divesting under that Part (s 26M).
Minister as corporation sole and reporting: The Minister is made a corporation sole to hold property, sue and be sued, and to use an official seal that courts must take judicial notice of (s 27). The Minister must prepare an annual statement for Parliament setting out expenditures, rentals, areas acquired and sold, and other operational matters (s 28).
Regulations and penalties: The Governor may make regulations permitted or necessary to carry out the Act (s 33(1)), with regulation‑level penalties up to $100 for breaches (s 33(2)). The Act itself sets a summary conviction penalty for contravening special conditions of up to $40 and $4 per day for continuing breaches (s 32).
These concepts combine to create an executive‑led land development and disposal framework tied to an intergovernmental agreement concerning development of the Glen Davis area and enabling the Minister broad authority to plan, encumber, and enforce conditions on Crown‑acquired land. The statutory design repeatedly prioritises ministerial instruments, Gazette publication, and use of the Registrar‑General and Sheriff as ministerial support mechanisms.
Who it affects
The Act affects a small set of identifiable actors, and for each actor the statute creates decision points, costs, and possible behavioural responses.
The Minister and the Minister’s office: The Minister is the primary decision‑maker. The Minister may apply to the Governor for appropriation or resumption (s 6(2)), decide to vest land in the Minister (s 6(4)(b)), make plans (s 13), appoint trustees and transfer estate to councils (s 15(1), (4)), lease and sell land with conditions (ss 16-17), vary or cancel special conditions (ss 17A, 22), declare town lands to be Crown land (ss 26F, 26G), and remit amounts or extend payment times under sale contracts (s 25). Who pays: costs of acquisition, rezoning, infrastructure works and administrative implementation are borne by the Minister’s appropriation and the State accounts; however, purchasers and lessees pay purchase monies and rents (ss 16(3)(a), 17(1)).
Private purchasers, owners and prospective buyers: Persons who buy or contract to buy land under the Act obtain an estate in fee simple “subject to this Act” (s 19A) and are bound by special conditions on use, building, subdivision and forfeiture (s 17(2), (3)). Buyers who breach contract terms risk rescission and forfeiture of monies by Gazette notice (s 18(1)). Purchasers face compliance costs: building to specified materials and values if the Fifth Schedule condition applies, obtaining the Minister’s leave before assigning or subletting (s 16(5)), and potential forfeiture. Where a buyer seeks modification of conditions they must consent to modifications under s 17A(1)(c) or s 22(3). Who pays: purchasers bear construction costs and compliance costs, and may forfeit contract monies on breach (s 18(1)).
Existing owners of town lands and mortgagees: Part 5A provides a mechanism for owners to divest voluntarily by notice (s 26C) but also permits the Minister to declare town lands Crown land where owners have overdue rates for more than five years (s 26G). The Minister must serve notices and allow objection periods (ss 26D-26E; 26I-26J). Notably, s 26M provides that no compensation is payable for divesting under Part 5A. Mortgagees, trustees and mortgagees in possession are covered in the statutory meaning of “owner” for town lands (s 26A). Who pays: owners whose properties are declared Crown land lose their estates without compensation and are discharged from duties (s 26L(a)-(b)), while the Blaxland Shire Council must write off rates on such lands (s 26L(d)).
Local government (Blaxland Shire Council and other councils): Councils may be appointed trustees of reserves (s 15(1)-(2)), are the body to certify overdue rates triggering ministerial action under s 26H, and are required to write off rates when lands are declared Crown land under Part 5A (s 26L(d)). Councils therefore stand to lose rate revenue when declarations under Part 5A divest owners and the council must write off those rates. Councils also may receive transfers of estate under s 15(4).
Registrar‑General, Sheriff and courts: The Registrar‑General is directed to make entries, cancellations and corrections to the Register to give effect to forfeitures, variations and creation of folios (ss 17A(1)(f), 17C(2), 20(2), 22(5), 26N). The Sheriff is the instrument for enforcement of possession where occupiers resist (s 26(1)-(2)). Courts are instructed to take judicial notice of the Minister’s official seal (s 27(2)(a)).
The Company in the First Schedule and Commonwealth/State executives: Part 2 approves the second agreement and exempts specified registration requirements, and the First Schedule records that the Prime Minister and the Premier have power to release certain lands from covenants and charges and to deliver documents of title to the Company (First Schedule cl 2). These provisions affect the Company’s legal position in land and security arrangements. The Act also disapplies the Moratorium Act 1932 as it applies to the first agreement as varied by the second agreement (s 4(2)), and exempts the first agreement, as varied, from registration under Part 9 of the Companies Act 1936 and the Bills of Sale Act 1898-1938 while preserving validity against liquidators and creditors (s 4(3)).
Community and land users: The public may lose rights in a reserved road that is closed upon resumption of land (s 8). Reserves specified for public recreation or other public purposes may be proposed in plans (s 13), and land may be dedicated as public road even if the Local Government Act would otherwise say different (s 14).
Each affected actor faces behaviour changes. Prospective buyers will factor special conditions and the Minister’s consent into valuations; owners with overdue rates may be incentivised to pay or negotiate to avoid Crown declaration (ss 26I-26J). Councils need processes for certification of rates under s 26H. The Minister’s decision space over sale terms and the power to impose and vary conditions changes the commercial risk for developers and financiers, who will have to build Ministerial consent conditions into contracts and mortgage arrangements. The First Schedule creates a particular, concentrated legal relationship between the State, Commonwealth and the Company as regards release from covenants and charges, which directly benefits the named Company at least in the text of the Schedule.
Key duties and rights
This section summarises explicit duties, rights and procedural entitlements the Act creates, and where relevant points to the textual provision.
Ministerial duties and powers:
Duty to apply to Governor for appropriation or resumption where proposing acquisition (s 6(2)). Power to cause appropriation/resumption by Gazette and notify vesting in Minister (s 6(4)(a)-(b)). Duty to prepare and lay an annual statement to Parliament by 30 June each year showing expenditures, rentals, areas acquired and sold, and other operational matters (s 28).
Power to make or modify plans identifying roads, reserves and uses (s 13).
Power to appoint councils as trustees of reserves and transfer estate to councils with conditions (s 15(1), (4)).
Power to lease land subject to reservations, impose best‑rent requirements except for charitable uses, require written leases and include implied covenants (s 16(1)-(4)). Power to refuse assignment or subletting without leave, with leave in the Minister’s absolute discretion (s 16(5)).
Power to sell land by auction or private treaty and to include special conditions, including forfeiture, use restrictions and building requirements (s 17(1)-(3)).
Power to vary or cancel special conditions where just and reasonable and with owner consent (s 22).
Power to declare contracts rescinded and forfeit moneys by Gazette notification on breach (s 18(1)), to forfeit land (s 20(1)) and to direct Registrar‑General to record necessary entries (s 20(2)).
Power under Part 5A to declare town lands to be Crown land subject to notice and objection procedures (ss 26F, 26G), including where rates are overdue (s 26G), and no compensation payable for divesting under the Part (s 26M).
Power to remit part of amounts due under sale contracts and extend payment times (s 25).
Rights and entitlements of owners and purchasers:
A person who has purchased or contracted to purchase land under the Act has an estate in fee simple, subject to the Act (s 19A). That confers a proprietary right but qualified by the Act’s conditions and any special conditions.
Owners are entitled to be given notice when a Ministerial declaration is being considered under Part 5A; persons with estates or interests must be notified and can object in writing during a minimum 30‑day period (ss 26D(b)(ii), 26E(1)). The Minister must consider objections and notify determinations before making a declaration and cannot declare until expiry of the 30 days or until objections have been determined (s 26E(2)-(3)).
Owners have a statutory consent right in relation to modification or cancellation of special conditions: s 17A(1)(c) states a special condition shall not be modified except with the consent of the owner; s 22(3) states special condition shall not be cancelled or varied except with the consent of the owner.
Owners whose land is forfeited or contracts rescinded are subject to statutory processes that may revest land in His Majesty and preclude availability under the Crown Land Management Act 2016 (s 21).
Duties of third parties and agencies:
The Registrar‑General must give effect to Ministerial directions under s 17C(2) and make entries to effect forfeiture, modification and cancellation as required by ss 20(2), 17A(1)(f), 22(5), 26N.
The Sheriff must execute warrants of possession issued by the Minister to deliver possession and may seek to recover costs from persons refusing to give possession (s 26(1)-(2)).
The Blaxland Shire Council must certify overdue rates before the Minister may invoke s 26G (s 26H) and must write off rates where lands are declared Crown land under s 26L(d).
Procedural rights and constraints:
Where a notice is given under s 26D the notification must advise persons they have at least 30 days, that the Minister may declare lands Crown land, that no compensation shall be payable on a declaration under s 26F and of the right to object under s 26E(1)(iv) (s 26D(b)(ii)-(iii)-(iv)). This creates a minimum procedural window and a right to be heard in writing.
In the context of overdue rates, the owner has a statutory opportunity to pay overdue rates and arrears or enter an arrangement satisfactory to the Blaxland Shire Council before the Minister makes a declaration under s 26G (s 26J).
Penalties and regulation:
A person who contravenes or fails to comply with any special condition attached by operation of the Act is liable on summary conviction to a penalty not exceeding $40 and a continuing penalty not exceeding $4 per day (s 32). The Governor may make regulations carrying penalties up to $100 (s 33(2)).
Collectively, the Act creates a bundle of executive rights over land and corresponding duties for owners, purchasers, councils and certain Crown bodies to process, record and enforce those rights. Rights to object and requirements for owner consent to variation of conditions are present but are circumscribed by the Minister’s broad powers and by the avenues the Act provides for Gazette notices and Registrar‑General entries.
Penalties and enforcement
The Act embeds a mixture of administrative, statutory and criminally enforceable consequences for non‑compliance, and it relies upon Gazette publication, Registrar‑General entries and executive instruments for enforcement. This section sets out the enforcement tools and the penalty regime as expressed in the Act.
Summary monetary penalties for contravening special conditions: Section 32 sets the primary statutory penalty for contravention or failure to comply with any special condition attached to land by the operation of the Act. On summary conviction a person is liable to a penalty not exceeding forty dollars and where the contravention is continuing, a penalty not exceeding four dollars per day for each day during which the contravention continues. The section is framed in summary conviction terms and sets modest upper limits (as expressed in the statutory text).
Regulation‑level penalties: Section 33(2) empowers the Governor to make regulations and to impose a penalty not exceeding one hundred dollars for breach of the regulations. That provides the executive branch a secondary, rule‑making avenue to create offences or rules with a defined penalty cap.
Contract rescission and forfeiture by Gazette notice: The Act permits enforcement of contractual breaches by public proclamation. Under s 18(1) the Minister may declare a contract for sale rescinded and forfeit all moneys paid to the Minister where the terms or conditions of the sale contract are breached or not observed; the rescission operates by Gazette notification. Importantly, s 18(1) states that rescission does not extinguish obligations to pay amounts due and payable as of the date of the notification. Subsection (2) specifies that acceptance of moneys by or on behalf of the Minister shall not be taken as waiving breaches. The ministerial rescission power bypasses judicial processes and operates administratively through Gazette publication.
Forfeiture of land: Section 20 allows forfeiture of land to be declared by Gazette notification; for land already under the Real Property Act the Registrar‑General, on application of the Minister and production of the Gazette notice, is to make every entry, cancellation and correction necessary to reflect the forfeiture (s 20(2)). Forfeiture effects revestment in His Majesty under s 21(2).
Possession enforcement by Sheriff: Where the Minister is entitled to possession under the Act and occupants refuse to give up possession, the Minister can issue a warrant to the Sheriff to deliver possession to the person appointed in the warrant (s 26(1)). The Sheriff must deliver possession (s 26(2)) and can recover costs from the person refusing to give possession. That provides an enforcement channel for physical dispossession that relies on ordinary court and sheriff processes but sourced in ministerial warrant.
Registrar‑General and title adjustments: The Registrar‑General is given duties to make entries, cancellations and corrections following forfeiture, variation or modification instruments (ss 17A(1)(f), 17C(2), 20(2), 22(5), 26N). This creates administrative enforcement through the land registries and ensures title records reflect ministerial decisions.
Civil remedies implied in leases and contracts: Leases are to contain a condition of re‑entry on non‑payment of rent within a specified time and the covenants implied by section eighty‑four of the Conveyancing Act 1919-1939 are not to be excluded (s 16(4)). That imports civil landlord remedies into leases made under the Act.
No compensation and divesting consequences: The Act imposes severe economic consequences in certain scenarios by denying compensation. Section 31 declares that no compensation is payable for appropriation or resumption of lands described in the Second Schedule. Part 5A states expressly that no compensation shall be payable to any person or body in respect of divesting an estate or interest under that Part (s 26M). The absence of compensation is an enforcement consequence that converts executive declarations into final economic outcomes for owners.
Enforcement mechanisms are heavily administrative and rely on publication in the Gazette, Ministerial instruments under seal and administrative direction to land registries and enforcement officers. The Act provides limited judicial or contestable processes: owners and persons with interests may object in writing to proposed declarations under Part 5A within a prescribed period (ss 26D(b)(ii), 26E(1)-(3)), and the Minister must consider objections. Beyond the objection window and statutory notice content, many enforcement actions,rescind by Gazette, forfeit by Gazette, declare Crown land,are taken by executive notice rather than judicial order.
Compliance risk is therefore concentrated on procedural time limits and statutory notices. The Act explicitly preserves the Minister’s ability to accept payment without waiving breaches (s 18(2)), and allows the Minister to remit amounts and extend times under sale contracts (s 25), creating discretionary relief alongside summary enforcement.
How it interacts with other laws
The Act repeatedly cross‑references and interacts with several other statutes. Those cross‑references define the legal perimeter and create specific interactions that materially affect rights and obligations.
Public Works Act 1912: Section 6(4)(a) and (6) make appropriation or resumption of land under this Act subject to the mechanisms of Division 1 of Part 5 of the Public Works Act 1912 and deem such appropriation/resumption to be for the purpose of carrying out an authorised work within the meaning of that Act. Section 7 expressly amends section 124 of the Public Works Act 1912 for the purposes of Part 3 of this Act, specifying dates relevant to notices.
Local Government Act 1919: The term “Council” is defined with reference to the Local Government Act (s 2). Section 14 declares any road constructed by the Minister to be a public road notwithstanding anything contained in the Local Government Act, and s 15(1)-(2) allows appointment of councils as trustees of reserves, making the reserve a public reserve within the meaning of the Local Government Act. Part 5A further invokes the Local Government Act in respect of rates levied under it and in relation to service of notices (s 26G; s 26O).
Real Property Act 1900: Special conditions are designed to bind land notwithstanding conversion to freehold or registration under the Real Property Act (s 17(4)). Section 17B explicitly states that covenants, conditions and provisions attaching or applying to land under the Act do not cease to attach by reason only of the issue of an instrument of title or the creation of a folio under the Real Property Act, and the Registrar‑General is required to make entries and corrections to give effect to modifications, cancellations or forfeitures under this Act (ss 17A(1)(f), 17C(2), 20(2), 22(5), 26N).
Mining Act 1973 and Coal Mining Act 1973: Section 19 excludes minerals defined by or under the Mining Act 1973 or the Coal Mining Act 1973 from sales, leases or disposals in specified circumstances. The operation of s 19 depends on the definition of “minerals” contained in those mining statutes at the time a folio is created or a disposal is contracted, meaning mineral rights may be retained by Crown or separately regulated by mining law.
Crown Land Management Act 2016: The Act contains two explicit interactions with the Crown Land Management Act 2016. Section 9 provides that land revested in His Majesty under s 9 shall not be available for the purpose of the Crown Land Management Act 2016. Similarly s 21 provides that land revested in His Majesty under s 21 shall not be available for the purposes of the Crown Land Management Act 2016. Those provisions prevent repurposing of revested lands under the Crown Land Management Act regime.
Companies Act 1936 and Bills of Sale Act 1898-1938: Section 4(3) provides that the first agreement as varied by the second agreement need not be registered under Part 9 of the Companies Act 1936 or the Bills of Sale Act 1898-1938, yet it also declares that without such registration the agreement, insofar as any security is thereby conferred, shall be valid against the liquidator or any creditor of the Company. That is a substantive interaction that prevents technical non‑registration from undermining the security’s priority vis‑à‑vis creditors.
Conveyancing Act 1919-1939: Section 16(4) imports covenants implied by section 84 of the Conveyancing Act 1919-1939 into leases and precludes their exclusion. Thus civil conveyancing rules are incorporated into leases made under this Act.
Miscellaneous Acts (Crown Land Titles) Amendment Act 1980: Several sections were added, substituted or operate “as at the commencement of Schedule 1” to that amending Act and the text of ss 17B, 17C, 19, 19A, 20 and others reflect amendments effected in 1980. Where the Act refers to that Schedule 1, the temporal operation of some exclusions and the treatment of folios is defined relative to that commencement.
Operationally, these interactions create a layered legal architecture. Title registration under the Real Property Act does not automatically extinguish Act‑imposed conditions (s 17B). Mining rights are carved out and are to be treated under mining statutes when folios are created or disposals occur (s 19). The Minister’s appropriation for public works is routed through the Public Works Act process (s 6). Local government obligations, particularly for rates certification and trustee roles, fit into the Minister’s powers under Part 5A (ss 26H, 15). The Act also provides specific immunity from failure to register under corporate or bills of sale law for certain agreements while preserving validity against creditors (s 4(3)). Finally, the Crown Land Management Act 2016 is expressly excluded as a destination for revested lands (ss 9, 21), removing an option for such lands under modern Crown land management frameworks.
For practitioners, these cross‑references mean that actions under the Glen Davis Act will trigger duties under other statutes and will require coordination with the Registrar‑General, local councils, mining regulators and public works processes. The Act’s design leans on those other legal regimes to supply procedures and technical effects rather than re‑stating those regimes in full.
Amendment history
The Act text includes marginal notes and insertions that reveal an amendment history reflected directly in the statute. The Act has been amended across decades to add disposal mechanisms, procedural steps and to update interactions with other laws. Below are amendments as recorded in the Act’s annotations and section marginal notes.
1943 amendments:
The Fifth Schedule special condition and section 17A were inserted by the Glen Davis (Amendment) Act 1943. Section 17A is noted as inserted in 1943 No 20, sec 2 (a) and the Fifth Schedule was inserted by the same instrument (Fifth Sch: Ins 1943 No 20, sec 2 (b)). Those amendments introduced the ability to modify certain special conditions in the form set out in the Fifth Schedule and the special material and value requirements referred to in that schedule.
1974 amendments:
Section 1 was amended in 1974 No 61, sec 2(a) as cited in the marginal notes for s 1. More substantively, Part 5A (ss 26A-26O) was inserted by 1974 No 61, sec 2 (b) to provide procedures for divesting town lands and to create mechanisms for declaring town lands as Crown land. Section 33 was amended by 1974 No 61, sec 2(c) to alter regulation‑making powers.
1980 amendments:
Several provisions were inserted or substantially rewritten in 1980 No 196, Sch 1. Notable insertions include ss 17A (amended earlier in 1943 but further amended in 1980), 17B (ins 1980 No 196, Sch 1), 17C (ins 1980 No 196, Sch 1), s 19 (subst 1980 No 196, Sch 1), s 19A (ins 1980 No 196, Sch 1), s 20 (am 1980 No 196, Sch 1), and s 21 (am 1980 No 196, Sch 1). The Fourth Schedule and other parts also carry amendment annotations. The 1980 amendments reflect the insertion of Schedule 1 to the Miscellaneous Acts (Crown Land Titles) Amendment Act 1980 and the resulting treatment of folios, title issues and mineral reservations.
1987 amendment:
Section 33 shows amendment note 1987 No 48, Sch 32, indicating regulatory powers were revised in 1987.
1999 amendment:
Section 1 was amended as noted by 1999 No 31, Sch 5.44. The marginal note records that change to s 1.
2008 and 2011 and later repeals:
Part 4 (ss 10-12) was repealed by 2008 No 114, Sch 4. Section 5 was repealed by 2011 No 62, Sch 5. These deletions are reflected in the Act text.
2017 amendments:
Several sections show amendment references to 2017 No 17, Sch 4.40 which changed wording in sections such as s 9 (am 2017 No 17, Sch 4.40 [1]), s 21 (am 2017 No 17, Sch 4.40 [2]) and ss 26A, 26D, 26F, 26G, 26I, 26N which are annotated as amended or inserted in earlier years but also show the 2017 notation. The 2017 annotations indicate more recent legislative housekeeping or interaction adjustments, particularly relating to Crown Land Management Act 2016 interactions. The details in the Act text show that various sections now reference the Crown Land Management Act 2016 and have been updated accordingly.
Earlier repeals: Section 29 was repealed in 1946 No 34, sec 52(1). Other schedules and sections also show partial repeal history; Schedule 3 is marked as repealed.
These annotations in the statute are the only authority for amendment history in this note. They show a pattern: the Act began in 1939, received substantive operational additions in 1943 and 1974 (notably Part 5A), underwent a cluster of modernising amendments in 1980 connected to Crown land titles conversion and again later to adjust regulatory powers and interactions with newer Crown land legislation. The 2017 annotations appear to align the Act with the Crown Land Management Act 2016. The Act has also had sections repealed at various times when provisions became obsolete.
Practitioners relying on the Act must therefore note that many operative provisions were not original 1939 text but were later inserted: Part 5A (town lands divesting) is a 1974 insertion; the folio/title‑survival provisions and mineral‑reservation mechanics were substantially reworked in 1980; and cross‑links to the Crown Land Management Act 2016 appear in later amendments. The marginal notes are the only source in the text for this amendment timeline; no other historical detail is supplied in the Act copy provided.
Litigation history
The Act text supplied contains no citations to judicial decisions and does not identify any litigation under its provisions. The statute itself names no cases, and there are no margin notes referring to judicial interpretation. Therefore this note cannot record an authoritative litigation history drawn from the statute text.
Although no cases are named in the Act, the Act’s content creates a number of litigation or dispute risk vectors that a practitioner should anticipate when advising clients. These risks arise from the Act’s administrative mode of enforcement, the scope of discretion conferred on the Minister, the limited compensation pathways and the interaction with other statutory regimes. The statutory features that could generate litigation include:
Challenges to ministerial rescission and forfeiture by Gazette notice (s 18(1); s 20): Because rescission and forfeiture operate by Gazette notification and give rise to revestment in the Crown (s 21), affected parties could seek judicial review of the decision to rescind or forfeit on administrative law grounds such as lack of procedural fairness, error of law, or irrationality. The Act provides an administrative process but the text does not itself preclude judicial review. The owner’s lack of compensation in certain circumstances (s 31; s 26M) may give rise to claims that administrative decisions breached other statutory guarantees where those external guarantees might apply.
Disputes about the content and enforceability of special conditions post‑registration: The Act makes special conditions bind despite creation of folios or instruments of title (s 17B). Disputes could arise over whether a purportedly modified or cancelled special condition was lawfully varied (ss 17A, 22) and whether the Registrar‑General correctly entered or removed entries under ss 17A(1)(f), 17C(2), 22(5), 20(2). Quiet title proceedings or equitable claims may be used to resolve disagreements about competing interests recorded or unrecorded on titles.
Mineral rights and statutory exclusions: Section 19 excludes minerals defined under mining statutes from disposals in specified circumstances. Litigation could arise about whether a particular sub‑surface substance is a “mineral” as defined under the Mining Act 1973 or the Coal Mining Act 1973 at the relevant time, particularly where valuable resources are present.
Procedural sufficiency under Part 5A: Part 5A provides notice and objection procedures prior to declaration of town lands as Crown land (ss 26D-26E). Affected owners may litigate whether the Minister complied with those notice and objection requirements, particularly where no compensation is payable (s 26M). The Act’s requirement that the Minister consider objections and notify objectors of determinations (s 26E(2)) creates an administrative decision that may be subject to judicial review if the Minister fails to properly consider objections.
Conflicts with Local Government duties: The Act requires the Blaxland Shire Council to write off rates upon declaration (s 26L(d)) and to certify overdue rates before Ministerial action under s 26G (s 26H). Disputes between council and owners, or between councils and the Minister, could lead to litigation about the sufficiency and accuracy of rate certifications and processes.
Interpretation of the First Schedule agreement powers: The First Schedule confers powers on the Prime Minister and Premier to release lands from covenants and charges and to deliver title documents to the Company (First Schedule cl 2). Although those actions are framed as executive powers, their legal effect and the priority of securities vis‑à‑vis creditors and liquidators (s 4(3)) could be litigated where parties assert conflicting security interests.
This section is not a catalogue of decided cases. Practitioners should consider these risk areas as where litigation is possible given the Act’s substantive mechanics. The statute provides administrative paths and records limited procedural protections; where contested property, mineral resources or creditor rights are implicated, disputes are likely to involve questions of administrative law, property title, equitable priorities and statutory interpretation. Any assessment of litigation history beyond the statute would require a search of case law databases and court records because no cases appear in the Act text provided.
Gotchas
This section flags non‑obvious features of the Act that frequently catch practitioners, owners, councils and financiers unaware. Each item ties directly to the statutory wording.
No compensation in key instances: Section 31 states that no compensation shall be payable to any person or body in respect of appropriation or resumption under the Act of any lands described in the Second Schedule. Part 5A repeats the no compensation rule for divesting estates under that Part (s 26M). Practitioners must not assume Crown takings under this Act attract the usual compensation regimes.
Ministerial discretion and “absolute discretion” for lease assignment: Section 16(5) gives the Minister discretion to grant or withhold leave to sublet or assign leases and uses the phrase “absolute discretion” in relation to that leave. That places commercial risk on lessees and mortgagees who cannot rely on an implied right to assign absent the Minister’s consent.
Rescission and forfeiture by Gazette notice: The Minister may rescind contracts and forfeit moneys by Gazette notification (s 18(1)) and forfeit land by Gazette notification (s 20(1)) without judicial process. This administrative route is effective and can operate quickly; affected parties must monitor Gazette notices and respond within the statutory remedial windows if any exist.
Acceptance of payments does not waive breaches: Section 18(2) provides that acceptance of money by the Minister is not to be taken as waiver of any breach or non‑observance. Parties cannot rely on receipt of payments by ministerial agents as evidence of accommodation.
Special conditions survive registration: Section 17B provides that covenants and conditions attaching to land under the Act do not cease to attach or apply by reason only of the issue of title or the creation of a folio under the Real Property Act. That upsets the common expectation that registration converts or simplifies prior restrictions; here, special conditions may continue to bind land even after folio creation.
Owner consent required for modification or cancellation of special conditions but Minister sets terms: While the Act requires the owner’s consent for modification or cancellation of special conditions under ss 17A(1)(c) and 22(3), the Minister’s statutory powers to impose conditions in s 17(2) and to include special conditions on resale leave the Minister in a position to set initial burdens that the owner will face when buying.
Minerals excluded from disposals depending on timing: Section 19 excludes minerals defined by mining statutes as at the time when a folio is first created or when the land is contracted to be sold. The time reference matters; mineral rights may be excluded based on the legislative definition at specific times, creating timing risk for purchasers.
Registrar‑General adjustments are ministerially triggered: Several sections authorise the Registrar‑General to effect entries and cancellations “upon the application of the Minister” or to give effect to Ministerial directions (ss 17A(1)(f), 17C(2), 20(2), 22(5), 26N). That centralises title alteration in ministerial hands, meaning private parties cannot always unilaterally record changes without ministerial cooperation.
Road closure extinguishes public rights immediately on resumption: Section 8 states that upon resumption of land described in the Second Part of the Schedule to the agreement, the reserved road referred to shall, by virtue of this section, be closed and rights of the public or any person extinguished. That is a statutory closure that requires no separate compensation or process as articulated in that provision.
First Schedule releases and exemption from registration: Section 4(3) removes the need to register the first agreement as varied under Part 9 of the Companies Act 1936 or the Bills of Sale Act 1898-1938, but it preserves the security provisions’ validity against liquidators or creditors. This can materially affect creditor due diligence and priority disputes; creditors must note that lack of registration does not negate the agreement’s security effect as against them.
Notice and objection window in Part 5A is short and consequential: The notice regime in Part 5A requires written notification and a minimum 30‑day period before the Minister may declare town lands Crown land (s 26D(b)(ii); s 26E(3)). Owners who fail to act in that window risk complete divesting without compensation (s 26M).
Blaxland Shire Council’s exposure: Section 26L(d) requires the Blaxland Shire Council to write off all rates and charges due in respect of town lands described in a declaration. That transfers rate write‑off consequences to the council and may not be compensated.
Minister’s corporation sole status creates evidentiary presumptions: Section 27 creates an official seal for the Minister and requires courts and persons to take judicial notice of it and to presume, until proved otherwise, that the seal was properly affixed. That raises evidentiary burdens for parties seeking to challenge the validity of ministerial instruments.
These “gotchas” are textual features of the Act and create practical risks. The combination of administrative enforcement, limited compensation, and Ministerial control over title recording and consent rights concentrates risk on purchasers, lessees, owners and local councils. Parties contemplating transactions or disputes involving lands within the Act’s scope must factor in these features in contracts and due diligence.
How to comply
This section gives practical, section‑anchored steps to reduce legal risk and comply with the Act when acquiring, holding, disposing or advising on affected land.
Monitor the Gazette and statutory notices: Many operative events under the Act occur via Gazette notification: vesting and appropriation (s 6(4)(a)), declaration of roads as public roads (s 14), appointment of reserve trustees (s 15(1)), rescission of contracts and forfeiture (s 18(1)), forfeiture of lands (s 20(1)), declarations under Part 5A (ss 26F, 26G), and notices of first elections and municipal proclamations (s 30). Practitioners and clients should establish a protocol to monitor the Gazette for relevant notifications and retain records of notices.
Due diligence on title and special conditions: Before contracting to purchase land acquired or disposed of under the Act, obtain searches against the land and carefully review any special conditions in the contract, especially conditions modelled on the Fifth Schedule (s 17A; Fifth Schedule). Confirm whether special conditions bind the land despite title folio creation (s 17B) and whether modifications or cancellations require the owner’s consent (ss 17A(1)(c), 22(3)). If special conditions restrict building materials, use or subdivision (s 17(2)), factor compliance costs into acquisition budgets.
Time compliance for construction conditions: Special conditions may require construction of buildings within specified periods (see s 17A(3) which contemplates time extensions and variations in wartime contexts). Where contracts include building timeframes, ensure project plans and financing accommodate start and completion deadlines. If delays occur, use s 22 to seek variation or s 25 to request remittance or extension of payment times.
Obtain and preserve Ministerial consents in writing: Leases and disposals under this Act frequently require Ministerial leave to assign or sublet (s 16(5)). Ensure any consent is recorded in the prescribed form where the Act requires prescribed forms for instruments (ss 17A(1)(d), 22(2)). Preserve written Ministerial instruments under official seal as courts will presume the seal was properly affixed (s 27(2)(b)).
Engage Registrar‑General procedures proactively: Where a special condition has been modified, cancelled or varied under ss 17A or 22, work with the Minister’s office to ensure the Registrar‑General makes the necessary entries, cancellations and corrections in the Register (ss 17A(1)(f), 22(5)). For folio creation matters, note the Minister may direct covenants to cease upon folio creation or later (s 17C(1)), and the Registrar‑General must give effect to such direction (s 17C(2)).
For owners facing Part 5A motions or overdue rates: If notified under s 26D or s 26I about potential Crown declaration, act within the 30‑day minimum period. Owners should: (a) immediately verify the search results; (b) if the notice relates to overdue rates, pay overdue amounts or negotiate a satisfactory repayment arrangement with Blaxland Shire Council within the period to forestall s 26G's operation (s 26J); and (c) lodge written objections under s 26E if they have an estate or interest. Maintain proof of payment or a written agreement with the council to avoid declaration under s 26G. Note that if the declaration proceeds, no compensation is payable (s 26M).
Protect mortgagee and financier positions: Lenders should assess whether special conditions or the Minister’s consent rights could impair their security. Because special conditions bind the land notwithstanding folio creation (s 17B), mortgage documentation should expressly acknowledge those conditions and require owner undertakings to keep the Minister informed and to seek consent where necessary. Lenders should obtain Ministerial agreement procedures in advance for assignment or consent so that enforcement and bankruptcy risks are understood.
Mineral rights diligence: For land where subsurface resources are possible, determine whether minerals are excluded from disposals by s 19. That requires a temporal inquiry into the definitions of “minerals” under the Mining Act 1973 and the Coal Mining Act 1973 at the time folio creation or disposal occurs. Include express representations and warranties in contracts as to the status of mineral rights.
Contract drafting to address rescission and forfeiture risks: Given the Minister’s power to rescind contracts and forfeit moneys by Gazette notice on breaches (s 18(1)) and to keep obligations for moneys due up to the notification date, ensure contracts contain clear payment schedules, default definitions and dispute resolution clauses. When negotiating, ask for the Minister to exercise s 25 remission or extension powers if a purchaser faces difficulty, and secure written confirmations.
Councils: Councils should have processes to certify rates under s 26H including record keeping of levies, dates and particulars. Councils should also be prepared to be appointed trustees under s 15 and to receive transfers of estate with conditions. Blaxland Shire Council should have an internal policy for how to handle write‑offs under s 26L(d) and for engaging with owners to collect long‑overdue rates to avoid ministerial declarations.
Use prescribed forms and regulatory compliance: The Act references prescribed forms and regulations for instruments, modifications and directions (ss 2, 17A(1)(d), 22(2), 33). Ensure all instruments under the Act use the prescribed forms where required, and check for any regulations made under s 33 that impose procedural requirements or additional penalties.
Record the consequences of no compensation provisions: Because s 31 and s 26M rule out compensation in specific scenarios, communicate these risks clearly to clients and include insurance and contractual measures where appropriate. Where clients expect compensation, seek written assurances or contractual indemnities where possible.
Seek ministerial engagement early: Because the Minister controls many key decisions, early engagement with the Minister’s office can reduce enforcement surprises. Obtain written indications of likely Ministerial positions on proposed uses, proposed special condition variations, and anticipated approvals. For modifications under s 17A or s 22, obtain the prescribed instrument and owner consent documented to facilitate Registrar‑General entries.
Compliance under the Act requires combining conventional conveyancing and deal structuring with an understanding that many key decisions will be resolved through administrative instruments and Gazette publication. Practitioners should prepare to manage ministerial discretion, short objection periods under Part 5A, and Registrar‑General recording tasks, and to craft contracts that expressly manage risks created by the Act’s special condition and forfeiture mechanics.
(1) The second agreement is hereby approved and ratified.
(2) The Moratorium Act 1932, and any amendment thereof, shall not apply to the first agreement as varied by the second agreement.
(3) The first agreement, as varied by the second agreement, shall not require to be registered under Part 9 of the Companies Act 1936, or the Bills of Sale Act 1898–1938, but without any such registration the first agreement, as varied by the second agreement, shall, so far as any security on the Company’s property or undertaking is thereby conferred, be valid against the liquidator or any creditor of the Company.
5
5 (Repealed)
5
s 5: Rep 2011 No 62, Sch 5.
Part 3 Acquisition of land
Part 3 Acquisition of land
Part 3 Acquisition of land
6 Acquisition of land
6 Acquisition of land
6 Acquisition of land
(1) The Minister may, by appropriation or resumption, acquire the whole or any part of the land described in the Second Schedule to this Act, or any land adjoining the same or adjacent thereto, for the purposes of this Act.
(2) Where the Minister proposes to acquire land by appropriation or resumption he may make application to the Governor for the purpose.
(3) The Governor may authorise the appropriation or resumption of the land.
(4) Thereupon the Governor may:
(a) appropriate or resume the land by Gazette notification under Division 1 of Part 5 of the Public Works Act 1912, as amended by subsequent Acts,
(b) notify that the land is vested in the Minister.
(5) Thereupon the land shall vest in the Minister and his successors.
(6) For the purposes of the Public Works Act 1912, as amended by subsequent Acts, such appropriation or resumption shall be deemed to be for the purpose of carrying out an authorised work within the meaning of that Act.
7 Amendment of Act No 45, 1912, sec 124
7 Amendment of Act No 45, 1912, sec 124
7 Amendment of Act No 45, 1912, sec 124
For the purposes of this Part of this Act, but not otherwise, section one hundred and twenty-four of the Public Works Act 1912, as amended by subsequent Acts, is amended by omitting the words “at the time notice was given, or notification published, as the case may be,” and by inserting in lieu thereof the words “as at the twenty-third day of July, one thousand nine hundred and thirty-seven”.
8 Closing of reserved road
8 Closing of reserved road
8 Closing of reserved road
Upon the resumption of the land described in the Second Part of the Schedule to the agreement, the reserved road referred to in that Schedule shall, by virtue of this section, be closed and the rights, if any, therein of the public or any person shall thereupon be extinguished.
In this section the agreement means the agreement a copy of which is set out in the First Schedule to this Act.
9 Surrender of land to the Crown
9 Surrender of land to the Crown
9 Surrender of land to the Crown
The Minister may surrender to the Crown any land vested in him under this Part.
The surrender shall be evidenced by an instrument in the prescribed form which shall operate to revest the surrendered land in His Majesty, His Heirs and Successors according to law.
The land so becoming vested in His Majesty shall not be available for the purpose of the Crown Land Management Act 2016.
s 9: Am 1980 No 196, Sch 1; 2017 No 17, Sch 4.40 [1].
Part 4
Part 4
10–12 (Repealed)
pt 4 (ss 10–12): Rep 2008 No 114, Sch 4.
Part 5 Planning provisions
Part 5 Planning provisions
Part 5 Planning provisions
13 Plan
13 Plan
13 Plan
The Minister may cause a plan or plans to be made in relation to any land acquired by him under this Act, and may in such plan or plans indicate:
(a) the proposed roads and proposed reserves for public recreation or other public purposes, including any roads or any such reserves which are additional to those shown on the plan referred to in section eleven of this Act,
(b) the parts of such land which are proposed to be set apart as sites for:
(i) residences,
(ii) shops,
(iii) business premises,
(iv) other buildings,
(c) the parts of such land which are proposed to be set apart for:
(i) religious purposes,
(ii) charitable purposes,
(iii) municipal purposes,
(iv) any other public purpose of a like character.
14 Dedication of roads
14 Dedication of roads
14 Dedication of roads
The Governor may, by proclamation published in the Gazette, declare any road constructed by the Minister on land acquired by him under this Act, to be a public road.
Thereupon such road shall, notwithstanding anything contained in the Local Government Act, be a public road within the meaning of that Act.
15 Trustees of reserves
15 Trustees of reserves
15 Trustees of reserves
(1) The Minister may, by notification in the Gazette, appoint the council of the area within which any reserve referred to in paragraph (a) of section thirteen of this Act is situate, to be the trustees of such reserve.
(2) Upon the publication of such notification the reserve shall be a public reserve within the meaning of the Local Government Act.
(3) (Repealed)
(4) The Minister may transfer to the Council such estate in the land accompanied by such powers and with such conditions as the Minister may think fit and as may be specified in the instrument of transfer.
s 15: Am 1980 No 196, Sch 1.
16 Leases
16 Leases
16 Leases
(1) The Minister may lease any land acquired by him under this Act, subject to such reservations and conditions and for such term as he may think fit.
(2) Every lease made under this section shall be made to take effect in possession not later than three months after its date.
(3)
(a) Every lease made under this section shall reserve the best rent that can reasonably be obtained regard being had to the circumstances of the case.
(b) This subsection shall not apply to or in respect of a lease where, in the opinion of the Minister, the land comprised in the lease is to be used exclusively for charitable, patriotic or other public purposes.
(4) Every lease made under this section shall contain a condition of re-entry on the rent not being paid within a time therein specified, and the covenants implied by section eighty-four of the Conveyancing Act 1919–1939 shall not be excluded therefrom.
(5) Every lease made under this section shall be in writing and shall, subject to this section, contain such provisions as the Minister thinks fit and shall include a provision that the land, and buildings (if any), or any part thereof shall not be sublet and the lease shall not be assigned without the leave of the Minister, which leave the Minister may in his absolute discretion grant or withhold.
17 Power to sell
17 Power to sell
17 Power to sell
(1) The Minister may, by public auction or private treaty, sell any land acquired by him under this Act to any person upon such terms and conditions as he may think fit.
(2) Without prejudice to the generality of subsection one of this section the conditions of any such sale may include:
(a) a condition that the land shall not be used for any purpose other than a specified purpose,
(b) a condition that the land shall not be subdivided without the consent in writing of the Minister,
(c) a condition that a building of a specified character or class only shall be erected on the land and/or that a building of a specified character or class shall be erected on the land within a specified time,
(d) a condition providing for the forfeiture of the land upon breach of any specified condition,
(e) any other condition which the Minister considers necessary for the carrying out of the objects and purposes of this Act.
(3) The conditions referred to in paragraphs (a), (b), (c) and (d) of subsection two of this section are in this Part referred to as special conditions.
(4) Subject to the provisions of this Part of this Act a special condition:
(a) shall bind the land to which the special condition relates,
(b) shall not cease to bind such land upon its becoming freehold or its being brought under the provisions of the Real Property Act 1900.
s 17: Am 1980 No 196, Sch 1.
17A Modification of certain special conditions
17A Modification of certain special conditions
17A Modification of certain special conditions
(1)
(a) Where any land has been sold under this Part upon terms and conditions which include a special condition in or to the effect of the form set out in the Fifth Schedule to this Act the Minister may, by instrument under his official seal, modify that special condition by permitting the use of any other material or materials in addition to or in lieu of the materials specified in that special condition.
(b) The power conferred by paragraph (a) of this subsection may be exercised in respect of land so sold, either before or after the land has been brought under the provisions of the Real Property Act 1900.
(c) A special condition binding any land shall not be modified under this subsection except with the consent of the owner of the land.
(d) The instrument of modification shall be in or to the effect of the prescribed form.
(e) Where a special condition binding any land is modified under this subsection either before or after the land has been brought under the provisions of the Real Property Act 1900, the provisions of subsection four of section seventeen of this Act shall apply to and in respect of the special condition as so modified.
(f) Where a special condition binding on any land is modified under this section after the land has been brought under the provisions of the Real Property Act 1900, the Registrar-General may make every such entry, cancellation and correction in the Register kept under that Act as shall appear to the Registrar-General to be necessary or proper to give effect to the instrument by which such special condition is modified.
(2) Where any land has been offered for sale under this Part upon terms and conditions which include a special condition in or to the effect of the form set out in the Fifth Schedule to this Act and has not been sold, or where the contract for sale of any land sold under this Part has been rescinded or any land so sold has been forfeited the Minister may upon any sale or resale of such land include in the terms and conditions a special condition being the aforesaid special condition modified in the way referred to in paragraph (a) of subsection one of this section.
(3) Where any land has been sold under this Part upon terms and conditions which include special conditions to the effect that:
(a) the land shall not be used for any purpose other than the purpose of a shop or the purpose of a shop and residence or the purpose of a shop and business offices or the purpose of a shop and residence and business offices, and
(b) the purchaser shall, within a period of twelve months from the date of sale, commence the erection and construction of a building appropriate to the purpose or one of the purposes for which the land may be used, and shall thereafter proceed with such erection and construction so that such building shall be completed within a period of eighteen months from the date of sale, the power conferred by section twenty-two of this Act shall, with respect to land sold subject to the special condition referred to in paragraph (a) of this subsection, extend to authorise the Minister to vary the special condition referred to in paragraph (b) of this subsection so as:
(i) to permit of an extension of the time for commencing the erection and construction of a specified part of the building, and of the time within which the same is to be completed, and
(ii) to provide for the commencement of the erection and construction of the remainder of the building, and for the completion of such remainder within a time or times to be determined in such manner as may be specified in the instrument of variation; and the determination of such time or times may, if the Minister thinks fit, be made by reference to the date of the termination of any war in which His Majesty is engaged at the commencement of the Glen Davis (Amendment) Act 1943.
This subsection shall not be construed as affecting the construction of section twenty-two of this Act in its application to and in respect of any special condition other than special conditions of the nature referred to in this subsection.
(4) Where any land has been offered for sale under this Part upon terms and conditions which include special conditions of the nature referred to in subsection three of this section, and has not been sold, or where the contract for sale of any land sold under this Part has been rescinded, or where any land sold has been forfeited, the Minister may upon any sale or resale of such land include in the terms and conditions a special condition, being the special condition referred to in paragraph (b) of subsection three of this s
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