Crown Lands And Irrigation Legislation Amendment (Removal Of Transfer Restrictions) Bill

About this Item
Speakers - Page Mr Donald; Anderson Mr James; Yeadon Mr Kim
Business - Bill, Second Reading

CROWN LANDS AND IRRIGATION LEGISLATION AMENDMENT
(REMOVAL OF TRANSFER RESTRICTIONS) BILL

Second Reading

Debate resumed from 12 November.

Mr D. L. PAGE (Ballina) [2.43 p.m.]: I lead for the Opposition on this bill, which the Opposition does not oppose. The bill will help to facilitate rural
Page 1861
investment and to establish viable property sizes. It will also remove a number of outmoded restrictions that are no longer necessary. Further, it will reduce conveyancing costs. The bill amends the Crown Lands (Continued Tenures) Act 1989 to remove the requirement for the consent of the Minister to transfers and other dealings with freehold lands, including incomplete purchases, and removes the requirement for the Minister or the Lands Administration Ministerial Corporation to consider the home maintenance area principle in connection with an area when dealing with applications for consent to transfer leases or to purchase freehold land in fee simple.

The bill also amends the Hay Irrigation Act 1902 and the Wentworth Irrigation Act 1890 to remove unnecessary and unjustifiable red tape associated with the home maintenance area principle and associated restrictions on transfer. The Minister for Land and Water Conservation indicated in his second reading speech the manner in which the restrictions would be lifted and the benefits that would be obtained. He detailed the history of the home maintenance area scheme and the principle involved. I will not waste the time of the House by repeating those points. I applaud the fact that the legislation will allow rural landowners to remove the restriction by paying 3 per cent of the value of the land. That will be very helpful to the rural sector and will be welcomed. The Opposition believes that this is solid legislation and does not oppose it.

Mr ANDERSON (St Marys) [2.45 p.m.]: I support the bill, which is another step in the Government’s program of delivering positive reform to rural New South Wales. The bill promotes reforms that will provide long-term support for agricultural industries. It will facilitate rural adjustment in today’s mechanised broad-acre farming and will also reduce some of the cost and complexity of rural conveyancing. The bill will remove anachronistic controls that served their purpose during the land settlement era in the State up to the 1960s. The controls are based on the outdated and now unnecessary home maintenance area scheme.

The scheme had its origin in 1909 and consisted of a range of restrictions on titles which were designed to prevent large-scale aggregation of rural lands. The restrictions still apply to a substantial area of restricted title freehold lands, which at present comprise about 11 per cent of the area of the State. They also apply to lands held as leases from the Crown under the Crown Lands (Continued Tenures) Act 1989, or as leases from the Lands Administration Ministerial Corporation in the small areas subject to irrigation schemes under the Hay and Wentworth irrigation Acts. Leases under these three Acts at present occupy about 5 per cent of the area of the State. The lands subject to the restrictions are virtually all located in the eastern and central divisions of the State. Western lands leases in the western division, which cover about 38 per cent of the area of the State, are not subject to restrictions based on the home area maintenance principle as the relevant provisions were removed from the Western Lands Act in 1989.

In 1971 legislation was enacted to enable land-holders outside the irrigation areas to apply for lifting of the restrictions. The holders of small areas, which are generally urban or residential lands, may have the restrictions removed on payment of a flat fee of $137. The holders of restricted title freehold lands - mostly rural lands - with areas in excess of 4,050 square metres, or in other cases generally in excess of two hectares, may pay a fee equivalent to 3 per cent of the land value to have the restrictions removed. Significantly, there has been no evidence of undue aggregation of land either in respect of the large area of land on which freehold title was created prior to 1909 or in relation to other lands from which the restrictions have been removed since 1971.

Since the 1970s concerns have been consistently raised regarding the undesirable impact of the restrictions upon economic development, rural adjustment and, in more recent times, ecologically sustainable land management. Administration of the home maintenance area principle has been allowed to decline over the last 25 years and continuance of the system can no longer be justified. I commend the Minister for Land and Water Conservation for the introduction of this reform legislation, which will be of benefit to land-holders, particularly in rural areas, by removing outdated legislative restrictions. I commend the bill to the House.

Mr YEADON (Granville - Minister for Land and Water Conservation) [3.10 p.m.], in reply: I thank the honourable member for Ballina and the honourable member for St Marys for their contributions to the debate. The honourable member for Ballina, who led on behalf of the Opposition, said that the Opposition agrees with, and will support, the legislation. The provisions that the amending legislation will remove from the statutes really hark back to a former time in this State and this country relating to land use and land management.

They were designed to encourage closer settlement, but with the passage of almost 100 years
Page 1862
the provisions that were put on the statute books around the turn of the century are now something of a barrier to the flexible, proper and appropriate approach to agriculture and primary production in New South Wales. Therefore, it is appropriate that these provisions are removed so that land-holders can maximise their productive enterprise for their benefit and for the benefit of the people of New South Wales. I commend the bill to the House.

Motion agreed to.

Bill read a second time and passed through remaining stages.

Last modified 05/12/2007 16:36:37 : Update this page