Crown land dealings and restrictions

The Crown Lands Acts of 1989 and various other Acts administered by Crown Lands enable current restrictions on dealings and/or subdivision to be entered on folios of the Register created for Crown land.  These restrictions require the consent or approval by the Minister administering the Crown Lands Acts, or an application for their removal, before particular dealings can be registered.

The numerous and complicated provisions under the various repealed Acts that related to restrictions on dealings have been replaced where required by the simplified provisions contained in Parts 1, 2 and 3 of Schedule 3 Crown Lands (Continued Tenures) Act 1989.  Subdivision restrictions have been replaced by Schedule 4 Crown Lands (Continued Tenures) Act 1989. The sections and regulations of the repealed Acts now have the affect as set out under the assigned Part of the Schedule of the Crown Lands (Continued Tenures) Act 1989.

Generally, titles with dealing restrictions cannot be transferred, and in some cases leased, mortgaged or otherwise dealt with, without the consent of the Minister administering the particular Act.  The restriction must be investigated to establish which dealings are affected.  For:

Titles with subdivision restrictions - see section below, cannot be subdivided or have part of the tenure transferred without the approval of the Minister.

Crown Lands and Irrigation Legislation Amendment (Removal of Transfer Restrictions) Act 1997

Introduced on 9.12.1997, the Crown Lands and Irrigation Legislation Amendment (Removal of Transfer Restrictions) Act 1997 removes the requirement for the consent of the Minister to transfer and for other dealings affecting completed purchases and Incomplete Purchases that were subject to restrictions on dealings pursuant to:

  • s31(1), s31(2), s31(3) Closer Settlement Act 1904
  • s4A, s21B Closer Settlement (Amendment) Act 1909
  • s129B, s145A, s265, s272, s274B Crown Lands Consolidation Act 1913
  • Parts 1, 2 and 3 of Schedule 3 Crown Lands (Continued Tenures) Act 1989
  • s10 Returned Soldiers Settlement Act 1916.

Note  This does not apply to:

  • Crown land tenure Leases or
  • Incomplete Purchases subject to:
    • s21 (formerly s17A) Hay Irrigation Act 1902 or
    • s24 (formerly s22A) Wentworth Irrigation Act 1890.

The dealing restriction notifications have been removed from computer folios of the Register where possible and will be removed from any remaining titles, if applicable, on registration of a dealing.

Crown Lands (Continued Tenures) Act 1989

Part 1 Schedule 3 Crown Lands (Continued Tenures) Act 1989

Consent from the Minister for Lands is required for:

  • a transfer of a Crown land tenure Lease, for exceptions - see section below
  • a sub-lease of a Crown land tenure Lease and
  • a variation of a Crown land tenure Lease or sublease.

Part 2 Schedule 3 Crown Lands (Continued Tenures) Act 1989

Consent from the Minister for Lands is required for a transfer of the lease, for exceptions - see section below .

Part 3 Schedule 3 Crown Lands (Continued Tenures) Act 1989

Consent from the Minister for Lands is required for a transfer of the build-up land separate from the basal land involving a Closer Settlement Lease (CSL), for exceptions. 

Note  If consent is given under Part 3 to transfer the basal land separate from the build-up land, Minister's consent is not required for any subsequent transfer of the basal land and the Registrar General's caveat is removed.

Schedule 4 Crown Lands (Continued Tenures) Act 1989

Approval from the Minister for Lands in the form of an Action Affecting Crown Holding form 19MA creating a new tenure for the part is required before a transfer of part of an existing tenure can be registered.  For subdivision of a tenure - see section below.

Part 4 Schedule 7A Crown Lands (Continued Tenures) Act 1989

Approval from the Minister for Lands in the form of an Action Affecting Crown Holding form 19MA removing the restriction on subdivision is required before a transfer of part of the land can be registered.

Section 16 Crown Lands (Continued Tenures) Act 1989

No longer applies and will be removed with any dealing.

Minister's Consent (General)

A notification on the folio of the Register referring to restrictions on dealings followed by a reference to legislation indicates that the original written consent of:

  • the Minister for Lands or
  • the Minister for the Forestry Commission of NSW where the land in the folio is dedicated as a State Forest or
  • the Minister for the National Parks and Wildlife Service where the land in the folio is vested in the Minister administering the National Parks and Wildlife Act 1974,

is required for the registration of any dealing specified in that legislation. For:

Dealings requiring Minister's Consent

Minister's consent from the appropriate authority is required for any dealing subject to a restriction notification recorded on the Register. For:

Ministers consent is required for:

  • a sub-lease of a lease that required Minister's consent to be registered
  • a sub-mortgage of a mortgage that required Minister's consent to be registered
  • a transfer of a sub-lease where the sub-lease required Minister's consent to be registered
  • a transfer of a mortgage where the mortgage required Minister's consent to be registered
  • a transmission application affecting a Western Lands Lease only where the applicant claims in a non-fiduciary capacity
  • a variation of lease or mortgage where the lease or mortgage required Minister's consent to be registered and the restriction still applies and
  • an order for foreclosure of a mortgage of the land.

Minister's consent is not required for a transfer:

  • that only changes the tenancy of the registered proprietors
  • by way of discharge of mortgage
  • granting or releasing an easement, except where:
    • s102 Crown Lands Act 1989 is noted on the Register or
    • the land is dedicated as a State Forest
  • of a charge
  • of trustees, including bankruptcy
  • based on distribution under will or intestacy (not for Western Lands Lease)
  • to a public authority, ie a City, Shire or Municipal Council
  • to a public body declared to be exempt by the Minister for Lands, ie Roads and Maritime Services, the National Parks and Wildlife Service, and the Forestry Commission of NSW or
  • to a Minister on behalf of the Crown.

Note  A restriction notification that specifically refers to mortgages does not include a mortgage to the NSW Rural Assistance Authority.

Minister's Consent: Hay Irrigation Act 1902 and Wentworth Irrigation Act 1890

Minister's consent from the appropriate authority is required for all dealings where an affecting restriction on dealings notification pursuant to Hay Irrigation Act 1902 or Wentworth Irrigation Act 1890 is recorded on the Register, except for:

  • a mortgage or discharge of mortgage and
  • a transfer to a statutory authority.

Restrictions on dealings and subdivision or transfer of part

Part of a tenure may be defined as being:

  • part of the land defined by a Deposited plan of survey
  • less than all of the lots or portions contained in a tenure.  The tenure may be issued as an auto consol folio or as a manual folio containing several lots etc or
  • less than all of the folios contained in a tenure.  A KZ notification is entered on all of the folios to ensure the whole of the tenure is considered.

A plan of subdivision, if required, and an Action Affecting Crown Holding form 19MA indicating that purchase and other moneys have been paid in full must be lodged before an Incomplete Purchase tenure can be transferred as to part.

A plan of subdivision, if required, and an Action Affecting Crown Holding form 19MA creating the new tenures must be lodged before a Crown land tenure Lease, except for a Western Lands Lease (WLL), can be transferred as to part.  Subdivision of a Western Lands Lease (WLL) is effected by a surrender of part of the lease and the granting of a new lease.

Note  A transfer of less than all of the folios in a tenure regardless of any accompanying Minister's consent must be preceded by a plan of subdivision approved by the Minister and an Action Affecting Crown Holding form 19MA creating new tenures.

Restrictions on subdivision of a completed purchase in an Irrigation Area

Restrictions on subdivision no longer apply to a completed purchase in an Irrigation Area, i.e. an IFP, NIP or TLP tenure where a notification does not refer to payment of purchase and other moneys.  The subdivision restriction notifications have been removed from computer folios of the Register where possible and will be removed from any remaining titles, if applicable, on registration of a dealing.

If a transfer of part of a tenure within an Irrigation Area is accompanied by a Minister's consent to transfer that includes a statement that purchase and other moneys have been fully paid, subdivisional approval is not required.  The transfer will be registered and reference to the following will be removed (by Departmental Dealing):

  • payment of purchase and other moneys
  • subdivision restrictions
  • forfeiture provisions if restrictions on land use do not apply and
  • any KZ notification.

Staff processing information

Crown Lands and Irrigation Legislation Amendment (Removal of Transfer Restrictions) Act 1997

The following action must be taken where a dealing restriction that no longer applies is noted on a folio of the Register:

  • where no other restrictions or conditions apply, remove the dealing restriction notification and the tenure identity.  Marginally note the dealing Restrictions on dealings removed under CLILA Act 1997"; or
  • where other restrictions and/or conditions apply, eg payment of purchase and other moneys, refer to SD6.

Note  A tenure identity that does not have any related restrictions or conditions must be removed from the Register.

Minister's consent (general)

The consent may be in the form of a separate letter or be contained within the body of a lease.  All consents must be carefully checked to verify the information contained therein and to ensure that it applies to the dealing being examined.  If satisfactory the dealing must be marginally noted "Minister's consent sighted" and the consent must be returned to the lodging party after examination.  If the case is forwarded to SD6 the Minister's consent must remain with the case.

Minister's consent: Hay Irrigation Act 1902 and Wentworth Irrigation Act 1890

Refer all dealings to SD6.

Restrictions on subdivision of a completed purchase in an Irrigation Area

Refer to SD 6 in all instances.