Land Regulation 2020

This regulation may be cited as the Land Regulation 2020.

This regulation commences on 1 July 2020.

The dictionary in schedule 9 defines particular words used in this regulation.

This section applies for working out the amount of a fee or other matter expressed in section 33, 34 or 36 as a number of fee units.

For the purpose of the Acts Interpretation Act 1954, section 48C(3), the amount is to be rounded to the nearest dollar (rounding one-half upwards).

Example—

Section 34(1) of this regulation provides for a minimum rent of 277 fee units. If the value of a fee unit for this regulation were $1.015, the number of dollars obtained by multiplying $1.015 by 277 would be $281.155. After rounding, the amount of the minimum rent would be $281.

For section 56(7) of the Act, subsections (2) to (4) prescribe the way for a trustee to adopt a model by-law for trust land.

The trustee must decide to adopt the model by-law.

As soon as practicable after deciding to adopt the model by-law, the trustee must—

give notice of the decision (a public notice) by publishing the notice in a way the trustee considers is reasonably likely to come to the attention of members of the public who are likely to use the trust land; and Examples of ways a public notice may be given for paragraph (a)—

• displaying the notice, for at least 7 days, in a conspicuous place on the trust land to which members of the public have ready access

• publishing the notice on the trustee’s website

• publishing the notice, at least once, in a newspaper circulating generally in the area in which the trust land is situated

notify the chief executive.

The public notice must state the following matters—

the name of the trustee;

the property description of the trust land;

the name of the model by-law;

the purposes and general effect of the model by-law;

where the model by-law may be inspected;

the day the notice is first published under subsection (3)(a);

if the model by-law is to be adopted on a day later than the day mentioned in paragraph (f)—the later day.

The adoption of the model by-law has effect on—

the day the public notice is first published under subsection (3)(a); or

if the public notice states a later day under subsection (4)(g)—the later day.

While the adoption of the model by-law has effect, the trustee must keep a copy of the public notice available for inspection, free of charge, by members of the public on request.

For section 60(2)(b) of the Act, this section prescribes the requirements for a trustee permit for the use of the permit land.

The trustee permit—

must not be issued for a part of the trust land that is subject to a trustee lease; and

if a management plan for the trust land has been approved under section 48 of the Act—must be consistent with the management plan; and

must state the permittee’s permitted use of the permit land; and

must not allow the construction of an improvement on the permit land, including the boundary of the land; and

must not give a right—

to renew the permit; or

to be given a more secure tenure over the permit land; and

must not allow the permittee to transfer, sublet or mortgage the permittee’s right to use the permit land; and

must state any special conditions to which the permit is subject; and

must provide for the trustee or the Minister to give the permittee at least 28 days notice of the trustee’s or Minister’s intention to cancel the permit; and

must state a process for resolving disputes under the permit.

Subsection (2)(d) does not prevent or limit the trustee permit providing for the permittee to—

construct a fence on the boundary of the permit land; or

use, maintain or modify an improvement that was on the permit land when the permit was issued.

For section 63(4)(b) of the Act, a port authority is prescribed.

For section 64(2)(b) of the Act, this section prescribes the requirements for a relevant lease of trust land issued by a relevant person.

The relevant lease must state—

a number identifying the written authority mentioned in section 64(1) of the Act given to the relevant person; and

if the relevant person consists of 2 or more persons—

whether the persons hold the relevant lease as joint tenants or tenants in common; and

if the persons hold the relevant lease as tenants in common—the share held by each person; and

the name of each party to the relevant lease; and

the lot on plan description of the trust land subject to the relevant lease; and

if the relevant lease relates to only part of the trust land—the location of the land subject to the relevant lease in relation to the rest of the trust land; and

the term of the relevant lease; and

when the term of the relevant lease starts; and

any special conditions to which the relevant lease is subject; and

a process for resolving disputes under the relevant lease.

In this section—

relevant lease see section 64(6) of the Act.

relevant person see section 64(6) of the Act.

For section 47(3) of the Act, the amount prescribed is $5,000.

This section prescribes—

for section 109C(4) of the Act, the way the Minister must decide the purchase price for a closed road for amalgamation with adjoining land; and

for section 122(3) of the Act, the way the Minister must decide the purchase price for granting unallocated State land under section 122(2)(b) of the Act; andNote—

For the purchase price for granting unallocated State land under section 122(1) or (2)(a) of the Act, see section 18.

for section 123A(3)(b) of the Act, the way the Minister must decide the purchase price for land granted under section 123A(2) of the Act; and

for section 170(1) of the Act, the way the chief executive must, for converting a lease, decide the purchase price for land granted or leased in relation to a conversion offer.

The purchase price for the land is an amount equal to the total of—

the value of the land under subsection (3); and

for a forest entitlement area on which there is commercial timber being bought by the lessee or registered owner—the value of the commercial timber worked out under section 14; and

for land, other than land mentioned in paragraph (b), on which there is commercial timber—the value of the commercial timber worked out under section 15; and

for land to be amalgamated, under section 109(2)(b) of the Act, with land for which there is no reservation of quarry material to the State—the value of any quarry material in the land worked out under section 16; and

for land to be amalgamated, by way of a deed of grant under section 122(2)(b) of the Act, with land for which there is no reservation of quarry material to the State—the value of any quarry material in the land worked out under section 16.

For subsection (2)(a), the value of the land is—

for land that is lease land subject to a category 11.1 or 11.2 lease—the net present value of the land worked out under section 10; or

for other land—the unimproved value of the land, as if it were fee simple, worked out under section 13.

For section 9(3)(a), the net present value of land is the amount worked out using the following formula—where—

A is the annual rent for the lease of the land worked out by multiplying the unimproved value of the lease land by the percentage rate for the lease as stated in section 35.

i is.0975.

g is.025.

For land the subject of a conversion offer, the net present value must be worked out as at—

if the offer is made under section 165B of the Act—the day stated in the offer; or

if the offer is made in relation to a conversion application—the day the chief executive received the application.

For subsection (2)(a), the day stated in the offer may be earlier than the day the chief executive makes the offer, but no earlier than 4 months before the day the chief executive makes the offer.

For sections 34L(4) and 43D(4) of the Act, this section prescribes the way the Minister must decide the purchase price for land in an operational reserve or operational deed of grant in trust.

The purchase price of the land is—

the unimproved value of the land, as if it were fee simple, worked out under section 13; or

if the trustee of the land is a constructing authority and the Minister considers it appropriate, having regard to the object of the Act, to decide the purchase price of the land other than under paragraph (a)—another amount the Minister considers is appropriate.