Government Gazette of 14 December 2012

Government Gazette of 14 December 2012NEW SOUTH WALES
Week No. 50/2012 Friday, 14 December 2012 Published under authority by Containing numbers 127 and 128 Department of Premier and Cabinet Pages 5041 – 5080 Level 11, Bligh House 4-6 Bligh Street, SYDNEY NSW 2000 Phone: 9228 3120 Fax: 9372 7422 Email: [email protected]
CONTENTS DEADLINESNumber 127
OFFICIAL NOTICES
Appointments .......................................................... 5045 Roads and Maritime Services .................................. 5046 Department of Trade and Investment, Regional
Infrastructure and Services ............................... 5051 Lands.................................................................... 5054 Water .................................................................... 5072
Other Notices .......................................................... 5073
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Christmas deadlines Due to the Public Holidays over the Christmas and New Year period the deadlines for inclusion in the Gov ern ment Gazette are:
Christmas – Gazette will be published on 28 December 2012 the deadline will be close of business on 27 December 2012.
New Year – Gazette will be published on 4 January 2013 the deadline will be close of business on 2 January 2013.
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SUPPLIES AND SERVICES FOR THE PUBLIC SERVICE
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NEW SOUTH WALES
Published under authority by the Department of Premier and Cabinet
SPECIAL SUPPLEMENT HERITAGE ACT 1977
Notice of Listing on the State Heritage Register under Section 37(1)(b)
Toongabbie Government Farm Archaeological Site Goliath Avenue, Winston Hills and Oakes Road, Old Toongabbie
SHR No. 1903
IN pursuance of section 37(1)(b) of the Heritage Act 1977 (NSW), the Heritage Council gives notice that the item of environmental heritage specified in Schedule “A” has been listed on the State Heritage Register in accordance with the decision of the Minister for Heritage to direct the listing. This listing applies to the curtilage or site of the item, being the land described in Schedule “B”.
Heritage Council of New South Wales
SCHEDULE “A”
The item known as the Toongabbie Government Farm Archaeological Site, situated on the land described in Schedule “B”.
SCHEDULE “B”
All those pieces or parcels of land known as Lots 222, 223 and 225 of DP 2234686; Lots 2 and 3 of DP 551352; Lot 7016 of DP 1031216; Lot 7018 of DP 1031217 and Part Lot 1 of DP 780050 in Parish of St John, County of Cumberland, shown on the plan catalogued HC 2515 in the office of the Heritage Council of New South Wales.
HERITAGE ACT 1977
Order under Section 57(2) to Grant Site Specific Exemptions from Approval
Toongabbie Government Farm Archaeological Site
SHR No. 1903
I, the Minister for Heritage, on the recommendation of the Heritage Council of New South Wales, in pursuance of section 57(2) of the Heritage Act 1977, do, by this my order, grant an exemption from section 57(1) of that Act in respect of the engaging in or carrying out of any activities described in Schedule “C” by the owner of the land described in Schedule “B” on the item described in Schedule “A”.
Dated: Sydney, 23rd day of October 2012.
The Hon. ROBYN PARKER, M.P., Minister for Heritage
SCHEDULE “A”
The item known as the Toongabbie Government Farm Archaeological Site situated on the land described in Schedule “B”.
5042 SPECIAL SUPPLEMENT 11 December 2012
SCHEDULE “B”
All those pieces or parcels of land known as Lots 222, 223 and 225 of DP 2234686; Lots 2 and 3 of DP 551352; Lot 7016 of DP 1031216; Lot 7018 of DP 1031217 and Part Lot 1 of DP 780050 in Parish of St John, County of Cumberland, shown on the plan catalogued HC 2515 in the office of the Heritage Council of New South Wales.
SCHEDULE “C”
Note that the site has potential to contain intact subsurface deposits relating to its establishment as a Convict Government Farm and Stockyard between 1792 and 1813, therefore the recommended management must include completion of an Archaeological Management Plan or Archaeological Assessment when new works would involve major ground disturbance and/or new excavations.
The following activities described in 1 to 7 below are exempted from Heritage Council approval under Section 57(1) of the Heritage Act 1977:
(i) Where such activities are in accordance with the current Standard Exemptions for Works Requiring Heritage Council Approval
(ii) Where works do not involve disturbance of a relic and/or (iii) Where a relic is disturbed, all works shall cease and the Heritage Council be contacted within a reasonable
time and furnish the Heritage Council with such information concerning the relic as the Heritage Council may reasonably require.
(1) Works and activities undertaken in accordance with the adopted Cumberland Plain Recovery Plan (2011) as endorsed by the Minister for Environment and any amendments to this or future Recovery Plans endorsed by the Minister and in accordance with Recovering bushland on the Cumberland Plain: Best practice guidelines for the management and restoration of bushland (2005). Such activities may include bush regeneration, native vegetation planting, fauna management, controlled burning, weed and feral animal eradication, spraying and research.
(2) General maintenance and repair: (i) Tree surgery where considered necessary for the health of a tree; (ii) Removal or pruning of trees considered a danger to the public or staff; (iii) Minor works to reduce risks to public safety; (iv) Repair of damage caused by erosion and implementation of erosion control measures; (v) Routine horticultural maintenance, including lawn mowing, cultivation and pruning.
(3) Erection and dismantling of temporary structures, signs, crowd control barriers, banners, stages, lighting, sound and public address equipment and signage associated with special events, recreation activities and functions held in the Palestine Park.
(4) Repair, maintenance and upgrading of existing underground and standing service and utilities infrastructure where these works utilise or apply to existing service trenches and/or pre-existing structures.
(5) Within the boundaries of Lot 225 DP234686 only, installation, maintenance and upgrading of playground equipment, park furniture, interpretive signage and pathways.
(6) Works by Sydney Water Corporation on Sydney Water Corporation assets, including sewerage systems, stormwater management systems and water supply systems for operational requirements, maintenance and repair that do not involve any excavation or impacts on archaeological resources and relics. Emergency works to restore existing infrastructure assets to protect public health, protect property and/or protect the environment where these emergency works involve no greater soil or vegetation disturbance than necessary.
(7) Works by Endeavour Energy on Endeavour Energy assets to operate, repair and maintain existing electricity works— being electricity power lines or associated equipment or electricity structures that form part of a transmission and distribution system—for operational requirements, maintenance and repair that do not involve any excavation or impacts on archaeological resources and relics. Emergency works to restore existing infrastructure assets to protect public health, protect property and/or protect the environment where these emergency works involve no greater soil or vegetation disturbance than necessary.
Authorised to be printed
NEW SOUTH WALES GOVERNMENT GAZETTE No. 127
5043
NEW SOUTH WALES
Published under authority by the Department of Premier and Cabinet
LEGISLATION Online notification of the making of statutory instruments
Week beginning 3 December 2012
THE following instruments were officially notified on the NSW legislation website (www.legislation.nsw.gov.au) on the dates indicated:
Proclamations commencing Acts Graffiti Legislation Amendment Act 2012 No 57 (2012-599) — published LW 7 December 2012 Passenger Transport Amendment (Ticketing and Passenger Conduct) Act 2012 No 75 (2012-595) — published LW 6 December 2012
Regulations and other statutory instruments Administrative Decisions Tribunal Rules (Amendment No 2) 2012 (2012-600) — published LW 7 December 2012 Crimes (Administration of Sentences) Amendment Regulation 2012 (2012-601) — published LW 7 December 2012 Dams Safety Amendment (Prescribed Dams) Proclamation 2012 (2012-602) — published LW 7 December 2012 Drug Court Amendment (Court Expansion) Regulation 2012 (2012-616) — published LW 7 December 2012 Evidence (Audio and Audio Visual Links) Further Amendment (Bail Matters) Regulation 2012 (2012-603) — published LW 7 December 2012 Passenger Transport Amendment (Ticketing) Regulation 2012 (2012-596) — published LW 6 December 2012 Public Finance and Audit Amendment (Officers) Regulation 2012 (2012-597) — published LW 6 December 2012 Rail Safety (General) Amendment (Offences) Regulation 2012 (2012-598) — published LW 6 December 2012 Road Amendment (Seatbelt Exemption) Rules 2012 (2012-604) — published LW 7 December 2012 Supreme Court Rules (Amendment No 420) 2012 (2012-605) — published LW 7 December 2012 Supreme Court Rules (Amendment No 421) 2012 (2012-606) — published LW 7 December 2012 Transport Administration (General) Amendment (Sydney Trains and NSW Trains) Regulation 2012 (2012-607) — published LW 7 December 2012
Uniform Civil Procedure Rules (Amendment No 56) 2012 (2012-608) — published LW 7 December 2012 University of Sydney Amendment (Chancellor) By-law 2012 (2012-609) — published LW 7 December 2012 Workers Compensation Amendment (Disclosure of Information) Regulation 2012 (2012-610) — published LW 7 December 2012
Environmental Planning Instruments Brewarrina Local Environmental Plan 2012 (2012-611) — published LW 7 December 2012 Dubbo Local Environmental Plan 2011 (Amendment No 1) (2012-612) — published LW 7 December 2012 Hurstville Local Environmental Plan 2012 (2012-613) — published LW 7 December 2012 Inverell Local Environmental Plan 2012 (2012-614) — published LW 7 December 2012 Parkes Local Environmental Plan 2012 (2012-615) — published LW 7 December 2012
OFFICIAL NOTICES Appointments
Appointment of a Part-Time Commissioner
HER Excellency the Governor, with the advice of the Executive Council and pursuant to section 7 of the Community Relations Commission and Principles of Multiculturalism Act 2000, has appointed Mr FELICE MONTRONE as a part-time commissioner and Deputy Chairperson of the Community Relations Commission for a term of three years from 1 December 2012.
The Hon. VICTOR DOMINELLO, M.P., Minister for Citizenship and Communities
CONSTITUTION ACT 1902
MINISTERIAL ARRANGEMENTS DURING THE ABSENCE OF THE
MINISTER FOR FINANCE AND SERVICES AND MINISTER FOR THE ILLAWARRA
PURSUANT to section 36 of the Constitution Act 1902, Her Excellency the Governor, with the advice of the Executive Council, has authorised the Honourable M. B. BAIRD, M.P., Treasurer and Minister for Industrial Relations to act for and on behalf of the Minister for Finance and Services and Minister for the Illawarra, on and from 19 December 2012, with a view to him performing the duties of the Honourable G. Pearce, M.L.C., during his absence from duty.
BARRY O’FARRELL, M.P., Premier
5046 OFFICIAL NOTICES 14 December 2012
Roads and Maritime Services
PASSENGER TRANSPORT ACT 1990
Notice under Clause 187 of the Passenger Transport Regulation 2007
I, Leslie Robert Wielinga, Director-General, Department of Transport, in pursuance of clause 187 of the Passenger Transport Regulation 2007, by this notice prohibit the installation of roof top signs and after market external lights on any vehicle licensed as a private hire vehicle in New South Wales under section 39 of the Passenger Transport Act 1990.
This notice will take effect on 13 January 2013.
LESLIE ROBERT WIELINGA, Director-General
ROAD TRANSPORT (GENERAL) ACT 2005
Notice under Clause 20 of the Road Transport (Mass, Loading and Access) Regulation 2005
GILGANDRA SHIRE COUNCIL, in pursuance of Division 4 of Part 2 of the Road Transport (Mass, Loading, Access) Regulation 2005, by this Notice, specify the routes and areas on or in which Road Train vehicles may be used subject to any requirements or conditions set out in the Schedule.
Dated: 20 November 2012.
Gilgandra Shire Council (by delegation from the Minister for Roads)
SCHEDULE
1. Citation This Notice may be cited as Gilgandra Shire Council Road Train Notice No. 2/2012.
2. Commencement This Notice takes effect on the date of gazettal.
3. Effect This Notice remains in force until 30 September 2015, unless it is amended or repealed earlier.
4. Application This Notice applies to Road Train vehicles which comply with Schedule 1 of the Road Transport (Mass, Loading and Access) Regulation 2010 and Schedule 2 of the Road Transport (Vehicle Registration) Regulation 2007.
5. Routes
Starting Point
Finishing Point
Narromine – Eumungerie Road, Gilgandra Shire.
Gilgandra Shire and Dubbo City Council Boundary.
Dubbo City Council and Narromine Shire Boundary.
5047 14 December 2012 OFFICIAL NOTICES
Notice under Clause 20 the Road Transport (Mass, Loading and Access) Regulation 2005
GREAT LAKES COUNCIL, in pursuance of Division 4 of Part 2 of the Road Transport (Mass, Loading, Access) Regulation 2005, by this Notice, specify the routes and areas on or in which 25 metre B-Double vehicles may be used subject to any requirements or conditions set out in the Schedule.
Date: 6 December 2012.
GLENN HANDFORD, General Manager,
Great Lakes Council (by delegation from the Minister for Roads)
SCHEDULE
1. Citation This Notice may be cited as the Great Lakes Council 25 metre B-Double Route Notice No. 1/2012.
2. Commencement This Notice takes effect on the date of gazettal.
3. Effect This Notice remains in force until 1 September 2015 unless it is amended or repealed earlier.
4. Application This Notice applies to those 25 metre B-Double vehicles which comply with Schedule 1 of the Road Transport (Mass, Loading and Access) Regulation 2005 and Schedule 2 of the Road Transport (Vehicle Registration) Regulation 2007.
5. Routes
Type Road No. Road Name Starting Point Finishing Point Conditions
25 Midge Street, Pacific Highway (HW10) Alma Street Coolongolook
Notice under the Road Transport (Mass, Loading and Access) Regulation 2005
HAWKESBURY CITY COUNCIL, pursuant to Clause 20 of the Road Transport (Mass, Loading and Access) Regulation 2005, hereby amend the Class 2 B-Double Notice 2010, as published in the NSW Government Gazette No. 108 on 27 August 2010 at pages 4033 to 4284, as set out in the Schedule of this Notice.
PETER JACKSON, General Manager,
Hawkesbury City Council (by delegation from the Minister for Roads)
SCHEDULE
1. Citation This Notice may be cited as the Hawkesbury City Council B-Double (Amendment) Notice No. 5/2012.
2. Commencement This Notice takes effect on and from the date of publication in the NSW Government Gazette.
3. Effect This Notice remains in force up to and including 1 September 2015 unless it is repealed earlier.
4. Amendment Insert the following routes for the council into the table at Appendix 1
Type Road No.
Finishing Point
___________
ROADS ACT 1993
Notice of Dedication of Land as Public Road at Gladesville in the Ryde City Council area
Roads and Maritime Services, by its delegate, dedicates the land described in the schedule below as public road under section 10 of the Roads Act 1993.
T D Craig Manager, Compulsory Acquisition & Road Dedication
SCHEDULE
ALL those pieces or parcels of land situated in the Ryde City Council area, Parish of Hunters Hill, County of Cumberland, being:
Description of Land Title Particulars That part of the area of 34 perches delineated on Deposited Plan 344585 remaining after the excision of the following land:
- those parts of Lots A and B Deposited Plan 437468 within the said area of 34 perches delineated on Deposited Plan 344585; and
- that part of the land within the said area of 34 perches which was notified as realigned (pursuant to Section 262 of the Local Government Act 1919) in Government Gazette No 112 dated 29 July 1938 on folio 2998 (as delineated on Crown Plan H. 8-2,100)
Certificate of Title Volume 5236 Folio 117
Lot 1 Deposited Plan 325191 Folio Identifier 1 / 325191
The residue of Lot 7 Deposited Plan 9135 after the excision of that part of Lot 1 Deposited Plan 437223 within the said Lot 7
Certificate of Title Volume 4658 Folio 198 The residue of Lot 6 Deposited Plan 9135 after the excision of that part of Lot 1 Deposited Plan 437223 within the said Lot 6
(RMS Papers: SF2012/049130; RO SF2012/027087)
__________
__________
LAND ACQUISITION (JUST TERMS COMPENSATION) ACT 1991
Notice of Compulsory Acquisition of Land at Kings Plains in the Blayney Shire Council area
Roads and Maritime Services by its delegate declares, with the approval of Her Excellency the Governor, that the land described in the schedule below is acquired by compulsory process under the provisions of the Land Acquisition (Just Terms Compensation) Act 1991 for the purposes of the Roads Act 1993.
SCHEDULE
ALL those pieces or parcels of land situated in the Blayney Shire Council area, Parish of Torrens and County of Bathurst, shown as Lots 6 and 7 Deposited Plan 1170289, being part of the land in Certificates of Title 863/825252 and 2/811019 respectively.
The land is said to be in the possession of David Charles Parfett (registered proprietor) and National Australia Bank Limited (mortgagee).
LAND ACQUISITION (JUST TERMS COMPENSATION) ACT 1991
Notice of Compulsory Acquisition of Land at Kings Plains in the Blayney Shire Council area
Roads and Maritime Services by its delegate declares, with the approval of His Excellency the Lieutenant- Governor, that the land described in the schedule below is acquired by compulsory process under the provisions of the Land Acquisition (Just Terms Compensation) Act 1991 for the purposes of the Roads Act 1993.
SCHEDULE
ALL that piece or parcel of land situated in the Blayney Shire Council area, Parish of Torrens and County of Bathurst, shown as Lot 1 Deposited Plan 1177459, being the whole of the land in Certificate of Title 1/1177459.
The land is said to be in the possession of the Estate of the Late George Foster Wise (by deed of conveyance dated 1 May 1854 Registered Book 32 Number 106) and David Charles Parfett (occupant).
Department of Trade and Investment, Regional Infrastructure and Services
MINERALS Yancowinna, Map Sheet (7233), area of 100 units, for Group 1, dated 29 November 2012, for a term until 29NOTICE is given that the following applications have been November 2014.received:
EXPLORATION LICENCE APPLICATIONS
(T12-1287) No. 4729, CENTREX METALS LIMITED (ACN 096
298 752), area of 89 units, for Group 2 and Group 5, dated 6 December 2012. (Sydney Mining Division).
(T12-1288) No. 4730, GOLD AND COPPER RESOURCES PTY
LIMITED (ACN 124 534 863), area of 31 units, for Group 1, dated 7 December 2012. (Orange Mining Division).
(T12-1289) No. 4731, SCORPIO RESOURCES PTY LTD (ACN 109
158 769), area of 100 units, for Group 1, dated 7 December 2012. (Coffs Harbour Mining Division).
The Hon. CHRIS HARTCHER, M.P., Minister for Resources and Energy
NOTICE is given that the following applications have been received:
REQUEST FOR CANCELLATION OF AUTHORITIES
(06-7059) Exploration Licence No. 6853, RAPTOR MINERALS
LIMITED, (ACN 101 168 343), Counties of of Yantara and Yungnulgra, area of 16 units. Application for Cancellation was received on 6 December 2012
(T11-0192) Explorat ion Licence No. 7871, HEEMSKIRK
RESOURCES PTY LIMITED, (ACN 085 881 232), Counties of Buccleuch and Harden, area of 58 units.
Application for cancellation was received on 4 December 2012.
NOTICE is given that the following applications have been granted:
EXPLORATION LICENCE APPLICATIONS
(T12-1077) No. 4530, now Exploration Licence No. 8023, PMR3 PTY
LTD (ACN 157 845 620), Counties of Farnell, Mootwingee and Yancowinna, Map Sheet (7234, 7235), area of 100 units, for Group 1, dated 29 November 2012, for a term until 29 November 2014.
(T12-1078) No. 4531, now Exploration Licence No. 8024, PMR3
PTY LTD (ACN 157 845 620), Counties of Tandora and
(T12-1160) No. 4610, now Exploration Licence No. 8043, RANGOTT
MINERAL EXPLORATION PTY LIMITED (ACN 002 536 825), County of Goulburn, Map Sheet (8326), area of 16 units, for Group 1, dated 3 December 2012, for a term until 3 December 2014.
NOTICE is given that the following application has been withdrawn:
EXPLORATION LICENCE APPLICATION
(T11-0171) No. 4285, CAPITAL MINING LIMITED (ACN 104 551
171), County of Forbes and County of Monteagle, Map Sheet (8530, 8630). Withdrawal took effect on 10 December 2012.
NOTICE is given that the following applications for renewal have been received:
(12-5735) Exploration Licence No. 6354, KINGSGATE BOWDENS
PTY LIMITED (ACN 009 250 051), area of 10 units. Application for renewal received 6 December 2012.
(12-5786) Exploration Licence No. 6363, PLATSEARCH NL
(ACN 003 254 395) AND EAGLEHAWK GEOLOGICAL CONSULTING PTY LTD (ACN 061 324 454), area of 51 units. Application for renewal received 11 December 2012.
(12-5785) Exploration Licence No. 6689, PERILYA BROKEN HILL
LIMITED (ACN 099 761 289), area of 33 units. Application for renewal received 11 December 2012.
(T08-0227) Exploration Licence No. 7265, THOMSON RESOURCES
LTD (ACN 138 358 728), area of 25 units. Application for renewal received 6 December 2012.
(T10-0060) Exploration Licence No. 7650, OPALCO MANAGEMENT
PTY LTD (ACN 087 594 821), area of 152 units. Application for renewal received 10 December 2012.
(T09-0069) Exploration Licence No. 7651, EMX EXPLORATION
(T09-0079) (05-0212) Exploration Licence No. 7652, EMX EXPLORATION
(T10-0082) Exploration Licence No. 7655, CARPENTARIA
EXPLORATION LIMITED (ACN 095 117 981), area of 24 units. Application for renewal received 5 December 2012.
(T10-0037) Exp lo ra t ion L icence No . 7659 , NEWMONT
EXPLORATION PTY LTD (ACN 006 306 690), area of 15 units. Application for renewal received 6 December 2012.
EXPLORATION PTY LTD (ACN 006 306 690), area of 18 units. Application for renewal received 6 December 2012.
(T10-0051) Exploration Licence No. 7661, HERA RESOURCES PTY
(T10-0065) Exploration Licence No. 7665, COLIN MAXWELL
RIBAUX, area of 14 units. Application for renewal received 10 December 2012.
(T10-0080) Exploration Licence No. 7666, JOHN SLADE, area of 16
units. Application for renewal received 6 December 2012.
(T10-0087) Exploration Licence No. 7667, EXALT RESOURCES
RENEWAL OF CERTAIN AUTHORITIES
NOTICE is given that the following authorities have been renewed:
(07-7589) Exploration Licence No. 5645, ARGENT MINERALS
LIMITED (ACN 124 780 276), County of Georgiana, Map Sheet (8730), area of 3 units, for a further term until 21 November 2014. Renewal effective on and from 10 December 2012.
(07-2657) Exploration Licence No. 6074, LIONSVILLE GOLD
PTY LTD (ACN 115 850 961), County of Drake, Map Sheet (9339), area of 7 units, for a further term until 5 May 2013. Renewal effective on and from 4 December 2012.
Exploration Licence No. 6456, TOM'S WATERHOLE PTY LIMITED (ACN 111 557 807), County of Ashburnham, Map Sheet (8631), area of 9 units, for a further term until 31 January 2014. Renewal effective on and from 6 December 2012.
(05-0191) Exploration Licence No. 6466, GOLD AND COPPER
RESOURCES PTY LIMITED (ACN 124 534 863), Counties of Ashburnham and Bathurst, Map Sheet (8630, 8631), area of 148 units, for a further term until 31 January 2014. Renewal effective on and from 6 December 2012.
(07-0387) Exploration Licence No. 7130, GOLD AND COPPER
RESOURCES PTY LIMITED (ACN 124 534 863), Counties of Ashburnham and Bathurst, Map Sheet (8630, 8631), area of 66 units, for a further term until 31 January 2014. Renewal effective on and from 6 December 2012.
(T09-0047) Exploration Licence No. 7389, GOLDEN CROSS
OPERATIONS PTY. LTD. (ACN 050 212 827), Counties of Flinders and Mouramba, Map Sheet (8134), area of 5 units, for a further term until 20 August 2013. Renewal effective on and from 6 December 2012.
(T09-0127) Exploration Licence No. 7403, WEDDARLA PTY LTD
(ACN 002 086 964), County of Mouramba, Map Sheet (8133), area of 40 units, for a further term until 19 October 2013. Renewal effective on and from 10 December 2012.
EXPLORATION PTY LTD (ACN 006 306 690), County of Phillip, Map Sheet (8832), area of 2 units, for a further term until 5 March 2014. Renewal effective on and from 6 December 2012.
(T09-0170) Exploration Licence No. 7482, OXLEY EXPLORATION
PTY LTD (ACN 137 511 141), Counties of Mouramba and Robinson, Map Sheet (8134), area of 49 units, for a further term until 23 March 2014. Renewal effective on and from 10 December 2012.
(T09-0175) Exploration Licence No. 7483, MMG AUSTRALIA
LIMITED (ACN 004 074 962), Counties of Blaxland and Mouramba, Map Sheet (8133), area of 34 units, for a further term until 23 March 2014. Renewal effective on and from 10 December 2012.
(T09-0176) Exploration Licence No. 7484, MMG AUSTRALIA
LIMITED (ACN 004 074 962), Counties of Blaxland and Mouramba, Map Sheet (8032, 8033, 8133), area of 118 units, for a further term until 23 March 2014. Renewal effective on and from 10 December 2012.
(T09-0183) Exploration Licence No. 7485, GOLDEN CROSS
OPERATIONS PTY. LTD. (ACN 050 212 827), County of Blaxland, Map Sheet (8133), area of 3 units, for a further term until 23 March 2014. Renewal effective on and from 6 December 2012.
(T09-0188) Exploration Licence No. 7492, BLIGH RESOURCES
LIMITED (ACN 130 964 162), Counties of Ashburnham and Forbes, Map Sheet (8530, 8531), area of 38 units, for a further term until 31 March 2014. Renewal effective on and from 6 December 2012.
(T09-0107) Exploration Licence No. 7515, COBAR CONSOLIDATED
RESOURCES LIMITED (ACN 118 684 576), County of Mouramba, Map Sheet (8033), area of 7 units, for a further term until 7 April 2014. Renewal effective on and from 4 December 2012.
CANCELLATION OF AUTHORITY AT REQUEST OF HOLDER
NOTICE is given that the following authority has been cancelled:
(T09-0072) Exploration Licence No. 7376, SUMITOMO METAL
MINING OCEANIA PTY LTD (ACN 059 761 125), County of Forbes and County of Gipps, Map Sheet (8430, 8431), area of 67 units. Cancellation took effect on 20 August 2012.
LANDS
ARMIDALE CROWN LANDS OFFICE 108 Faulkner Street (PO Box 199A), Armidale NSW 2350
Phone: (02) 6770 3100 Fax (02) 6771 5348
NOTIFICATION OF CLOSING OF A ROAD
IN pursuance of the provisions of the Roads Act 1993, the road hereunder described is closed and the lands comprised therein cease to be public road and the rights of passage and access that previously existed in relation to the road is extinguished. Upon closing, title to the land, comprising the former public road, vests in the body specified in the Schedule hereunder.
ANDREW STONER, M.P., Minister for Regional Infrastructure and Services
Description
Schedule
On closing, the land within Lot 1, DP 1176317 remains vested in the State of New South Wales as Crown land.
ORDER
Transfer of Crown Roads to a Council
IN pursuance of the provisions of section 151, Roads Act 1993, the Crown public roads specified in each Schedule 1 are transferred to the Roads Authority specified in the corresponding Schedule 2 hereunder, as from the date of publication of this notice and as from that date, the roads specified in each schedule 1, cease to be Crown public roads.
SCHEDULE 1
Parish – Bookookoorara; County – Buller Land District – Tenterfield; L.G.A – Tenterfield
Crown Road 20.115m wide at Undercliffe, as shown by solid black shading on the diagram hereunder.
SCHEDULE 2
Roads Authority: Tenterfield Shire Council File No. 12/08303. W.509068 Council’s Reference: Nov2012-Eng74/12
SCHEDULE 1
Parish – Tenterfield; County – Clive Land District – Tenterfield; L.G.A – Tenterfield
Crown Road 20.115m wide at Tenterfield, as shown by solid black shading on the diagram hereunder.
SCHEDULE 2
Roads Authority: Tenterfield Shire Council File No. 12/08303. W509071 Council’s Reference: DG_WASREM
SCHEDULE 1
Parish – Glen Innes; County – Gough Land District – Glen Innes; L.G.A – Glen Innes Severn
Crown Road 20.115m wide known as Abbotts Road at Glen Innes, as shown by solid black shading on the diagram hereunder.
SCHEDULE 2
Roads Authority: Glen Innes Severn Council File No. 12/08316. W509075 Council’s Reference: Malcolm Donnelly
DUBBO CROWN LANDS OFFICE 45 Wingewarra Street (PO Box 1840), Dubbo NSW 2830
Phone: (02) 6883 3300 Fax: (02) 6884 2067
Description
Parish – Merinda; County – Wellington; Land District – Mudgee; L.G.A. – Mid-Western Regional
Road Closed: Lot 1, DP 1180197 subject to easement/ right of carriageway created by Deposited Plan 1180197.
File No.: 12/03671.
Schedule
Description
Schedule
GRAFTON OFFICE 49-51 Victoria Street (PO Box 272), Grafton NSW 2460
Phone: (02) 6640 3400 Fax: (02) 6642 5375
DISSOLUTION OF RESERVE TRUST
PURSUANT to section 92 (3) of the Crown Lands Act 1989, the reserve trust specified in Column 1 of the Schedule hereunder, which was established in respect of the reserve specified opposite thereto in Column 2 of the Schedule, is dissolved.
SCHEDULE
Column 1 Column 2 Red Rock Coast Trust. Reserve No.: 64746.
Public Purpose: Resting place and public recreation.
Notified: 14 September 1934. Reserve No.: 86054. Public Purpose: Children’s
playground. Notified: 11 November 1966. Reserve No.: 97655. Public Purpose: Public
recreation. Notified: 18 January 1985. File No.: 09/07091.
APPOINTMENT OF RESERVE TRUST AS TRUSTEE OF A RESERVE
PURSUANT to section 92 (1) of the Crown Lands Act 1989, the reserve trust specified in Column 1 of the Schedule hereunder, is appointed as trustee of the reserve specified opposite thereto in Column 2 of the Schedule.
ANDREW STONER, M.P.,
SCHEDULE
Column 1 Column 2 North Coast Reserve No.: 64746. Accommodation Trust. Public Purpose: Resting
place and public recreation. Notified: 14 September 1934. Reserve No.: 86054. Public Purpose: Children’s
playground. Notified: 11 November 1966. Reserve No.: 97655. Public Purpose: Public
recreation. Notified: 18 January 1985. File No.: 09/07091.
IN pursuance of the provisions of the Roads Act 1993, the road hereunder described is closed and the lands comprised therein cease to be public road and the rights of passage and access that previously existed in relation to the road is extinguished. Upon closing, title to the land, comprising the former public road, vests in the body specifi ed in the Schedule hereunder.
Description
Schedule
Description
Schedule
Description
Schedule
Description
Schedule
NEWCASTLE OFFICE 437 Hunter Street, Newcastle NSW 2300 (PO Box 2185, Dangar NSW 2309
Phone: (02) 4925 4104 Fax: (02) 4925 3517
Description
Parish – Rabnor; County – King; Land District – Gunning; L.G.A. – Upper Lachlan
Road Closed: Lots 1 and 2, DP 1180695 (subject to easement created by Deposited Plan 1180695).
File No.: 07/5517.
Schedule
On closing, the land within Lots 1 and 2, DP 1180695 remains vested in the State of New South Wales as Crown land.
Description
Schedule
Description
Parish – Balabla; County – Bland Land District – Young; LGA – Young
Road Closed: Lots 1, 2 and 3, DP 1180376. File No.: 08/7164, 08/6622JT
Schedule
On closing, the land within Lots 1, 2 and 3, DP 1180376 remains vested in the State of New South Wales as Crown land.
Description
Schedule
Description
Parish – Melrose; County – Roxburgh Land District – Bathurst; LGA – Bathurst Regional
Road Closed: Lot 1, DP 1174860. File No.: CL/00731
Schedule
On closing, the land within Lot 1, DP 1174860 remains ANDREW STONER, M.P., vested in the State of New South Wales as Crown land.
Minister for Regional Infrastructure and Services
NOWRA OFFICE 5 O’Keefe Avenue (PO Box 309), Nowra NSW 2541
Phone: (02) 4428 9100 Fax: (02) 4421 2172
REVOCATION OF RESERVATION OF CROWN LAND
PURSUANT to section 90 of the Crown Lands Act 1989, the reservation of Crown Land specified in Column 1 of the Schedules hereunder, is revoked to the extent specified opposite thereto in Column 2 of the Schedules.
SCHEDULE 1
Column 1 Column 2 Land District: Nowra. The whole being Local Government Area: Lot 7, DP 723098,
Shoalhaven City Council. Parish Ulladulla, Locality: Ulladulla. County St Vincent of an Reserve No.: 180027. area of 4097 square metres. Public Purpose: Future
public requirements. Notified: 17 March 1989. File No.: 12/06153.
Note: The land is proposed to be sold following revocation.
SCHEDULE 2
Column 1 Column 2 Land District: Nowra. Part being Local Government Area: Lot 7, DP 723098, Shoalhaven City Council. Parish Ulladulla, Locality: Ulladulla. County St Vincent, of an Reserve No.: 1011528. area of 4097 square metres. Public Purpose: Access and
public requirements, tourism purposes and environmental and heritage conservation.
Notified: 9 June 2006. File No.: NA05 H 358.
Note: The land is proposed to be sold following revocation.
Description
Parishes – Narrangarril, Wayo; County – Argyle Land District – Goulburn; LGA – Goulburn Mulwaree
Road Closed: Lots 1-5, DP 1178105. File No.: GB05H562
Schedule
On closing, the land within Lots 1-5, DP 1178105 remains vested in the State of New South Wales as Crown land.
Description
Parish – Burrawang; County – Camden Land District – Moss Vale; LGA – Shoalhaven
Road Closed: Lot 1, DP 1178259 (subject to easement for Water Supply created by Deposited Plan 1178259).
File No.: 11/03286
Schedule
Description
Schedule
Description
Parish – Wellsmore; County – Wellesley Land District – Bombala; LGA – Bombala
Road Closed: Lot 1, DP 1177770 (subject to easement for Transmission Line created by Deposited Plan 1177770).
File No.: GB07H392
Schedule
Description
Schedule
Description
Schedule
Description
Schedule
Description
Schedule
ERRATUM
IN the notification appearing in the New South Wales Government Gazette of 7 December 2012 (folio 4955), under the heading “Appointment of Trust Board Members” the name listed in Column 1 of the Schedule should read “William James BOYLE (re-appointment)” in lieu of “William Ronald BOYLE (re-appointment)” as a member of the Narira Park Trust specified in Column 2 for the term of offi ce specified in the notice.
File No.: NA79 R 107.
ORANGE OFFICE 92 Kite Street (PO Box 2146), Orange NSW 2800
Phone: (02) 6391 4300
DISSOLUTION OF RESERVE TRUST
PURSUANT to section 92 (3) of the Crown Lands Act 1989, the reserve trust specified in Column 1 of the Schedules hereunder, which was established in respect of the reserve specified opposite thereto in Column 2 of the Schedules, is dissolved.
SCHEDULE 1
Column 1 Column 2 Cox’s Road Trust. Reserve No.: 98176.
Public Purpose: Preservation of historical sites and buildings.
Notified: 6 June 1986. File No.: OE86 R 6.
SCHEDULE 2
Column 1 Column 2 Dark Corner Public Reserve No.: 42393. Recreation Reserve Trust. Public Purpose: Public
recreation. Notified: 22 January 1908. File No.: OE82 R 21.
SCHEDULE 3
Column 1 Column 2 Gunningbland Recreation Reserve No.: 41974. Reserve Trust. Public Purpose: Public
recreation. Notified: 4 September 1907. File No.: OE81 R 69.
Fax: (02) 6362 3896
APPOINTMENT OF TRUST BOARD MEMBERS
PURSUANT to section 93 of the Crown Lands Act 1989, the persons whose names are specified in Column 1 of the Schedule hereunder, are appointed for the terms of office specified, as members of the trust board for the reserve trust specified opposite thereto in Column 2, which has been established and appointed as trustee of the reserve referred to opposite thereto in Column 3 of the Schedule.
SCHEDULE
Column 1 Column 2 Column 3 Stuart Allan SIM (re-appointment). John
Running Stream Recreation
recreation. CHADWICK Reserve Notified: 12 March 1904. (re-appointment). Caroline KARL
Trust. File No.: OE80 R 121.
(re-appointment). Christine Joy REEVES (new member). Rodney Gavin LORD (re-appointment).
Term of Office For a term commencing 17 January 2013 and expiring
31 December 2017.
SYDNEY METROPOLITAN OFFICE Level 12, Macquarie Tower, 10 Valentine Avenue, Parramatta 2150
(PO Box 3935, Parramatta NSW 2124) Phone: (02) 8836 5300 Fax: (02) 8836 5365
APPOINTMENT OF ADMINISTRATOR
PURSUANT to section 117 of the Crown Lands Act 1989, the person named in Column 1 of the Schedule hereunder is appointed to be the administrator of the reserve trust named in Column 2, which is the trustee of the reserve referred to in Column 3 of the Schedule.
SCHEDULE
Mt St Joseph Trust
Reserve No. R100102 at Eagle Vale Public Purpose: Community purposes Notified: 26 June 1987 File No. MN84R130/2
Term of Office: For a term of six (6) months commencing from date of
gazette.
TAMWORTH OFFICE 25-27 Fitzroy Street (PO Box 535), Tamworth NSW 2340
Phone: (02) 6764 5100 Fax: (02) 6766 3805
Description
Parish – Grenfell; County – Buckland; Land District – Tamworth; L.G.A. – Liverpool Plains
Road Closed: Lots 1-2, DP 1179777 (subject to easement created by Deposited Plan 1179777).
File No.: 11/06303.
Schedule
On closing, the land within Lots 1-2, DP 1179777 becomes vested in the State of New South Wales as Crown land.
Description
Schedule
On closing, the land within Lots 1-2, DP 1179568 remains vested in the State of New South Wales as Crown land.
TAREE OFFICE 98 Victoria Street (PO Box 440), Taree NSW 2430
Phone: (02) 6591 3500 Fax: (02) 6552 2816
Description
Schedule
Description
Schedule
Description
Parish – Curreeki; County – Gloucester Land District – Taree; LGA – Great Lakes
Road Closed: Lot 1, DP 1176251. File No.: TE05H82
Schedule
WAGGA WAGGA OFFICE Corner Johnston and Tarcutta Streets (PO Box 60), Wagga Wagga NSW 2650
Phone: (02) 6937 2700 Fax: (02) 6921 1851
PURSUANT to section 93 of the Crown Lands Act 1989, the persons whose names are specified in Column 1 of the Schedule hereunder are appointed, for the terms of office specified in that Column, as members of the trust board for the reserve trust specified opposite thereto in Column 2, which has been established and appointed as trustee of the reserve referred to opposite thereto in Column 3 of the Schedule.
SCHEDULE
Column 1 Column 2 Column 3 Martha Ann LAMPREY (re-appointment) Paul Andrew CONLAN
Gumly Gumly Recreation Reserve Trust
Reserve No. 80531 Public Purpose: Public
recreation Notified: 3 April 1958 File Ref.: WA81R77-02
(re-appointment) Lindsay MORPHETT (re-appointment) Paul Leslie MORPHETT (re-appointment) Trevor Donald LAMPREY (re-appointment) Bruce Oliver GORHAM (re-appointment) Marilyn Joy MASTERS (re-appointment) For a term commencing the date of this notice and expiring 30 November 2014.
PURSUANT to section 93 of the Crown Lands Act 1989, the persons whose names are specified in Column 1 of the Schedule hereunder are appointed, for the terms of office specified in that Column, as members of the trust board for the reserve trust specified opposite thereto in Column 2, which has been established and appointed as trustee of the reserve referred to opposite thereto in Column 3 of the Schedule.
SCHEDULE
Column 1 Column 2 Column 3 Adrian John Junee Reefs Reserve No. 58579 HART (re-appointment) James Stanley HARRIS
Public Hall Trust
(re-appointment) Margaret DRUM (new member) Robert Gordon
Public Purpose: Public recreation
HILLAM (re-appointment) George William BRABIN (re-appointment) Glenn Ashton CURRY (re-appointment) For a term commencing the date of this notice and expiring 30 November 2014.
WESTERN REGION OFFICE 45 Wingewarra Street (PO Box 1840), Dubbo NSW 2830
Phone: (02) 6883 5400 Fax: (02) 6884 2067
ALTERATION OF PURPOSE/CONDITIONS OF A WESTERN LANDS LEASE
IT is hereby notified that in pursuance of the provisions of section 18J, Western Lands Act 1901, the purpose and conditions of the undermentioned Western Lands Lease have been altered as shown.
ANDREW STONER, M.P., Deputy Premier, Minister for Trade and Investment
Administrative District – Brewarrina; Shire – Brewarrina Parish – Brewarrina; County – Clyde
The purpose/conditions of Western Lands Lease 9600, being the land contained within Folio Identifi er 2689/764826 and 162/751553 respectively have been altered from “Accommodation Paddock and Cultivation” to “Residence, Cultivation and Farm Tourism” effective from 10 December, 2012.
As a consequence of the alteration of purpose and conditions rent will be assessed annually in line with the Western Lands Act 1901 and Regulations.
The conditions previously annexed to Western Lands Lease 9600 have been revoked and the following conditions have been annexed thereto.
CONDITIONS AND RESERVATIONS ATTACHED TO WESTERN LANDS LEASE No. 9600.
(1) In the conditions annexed to the lease, the expression "the Minister" means the Minister administering the Western Lands Act 1901, and any power, authority, duty or function conferred or imposed upon the Minister by or under those conditions may be exercised or performed either by the Minister or by such offi cers of the Land and Property Management Authority as the Minister may from time to time approve.
(2) In these conditions and reservations the expression "the Commissioner" means the Commissioner charged with the administration of the Western Lands Act 1901 ("the Act") in accordance with section 4 (2) of the Act.
(3) (a) For the purposes of this clause the term Lessor shall include Her Majesty the Queen Her Heirs and Successors the Minister and the agents servants employees and contractors of the Lessor Her Majesty Her Majesty’s Heirs and Successors and the Minister.
(b) The lessee covenants with the Lessor to indemnify and keep indemnified the Lessor from and against all claims for injury loss or damage suffered by any person or body using or being in or upon the Premises or any adjoining land or premises of the Lessor arising out of the Holder’s use of the Premises and against all liabilities for costs charges and expenses incurred by the Lessor in respect of the claim of any such person or body except to the extent that any such claims and demands arise wholly from any negligence or wilful act or omission on the part of the Lessor.
(c) The indemnity contained in this clause applies notwithstanding that this Lease authorised or
required the lessee to undertake or perform the activity giving rise to any claim for injury loss or damage.
(d) The lessee expressly agrees that the obligations of the Holder under this clause shall continue after the expiration or sooner determination of this Lease in respect of any act deed matter or thing occurring before such expiration or determination.
(4) The rent of the lease shall be assessed in accordance with Part 6 of the Western Lands Act 1901.
(5) The rent shall be due and payable annually in advance on 1 July in each year.
(6) (a) “GST” means any tax on goods and/or services, including any value-added tax, broad-based consumption tax or other similar tax introduced in Australia.
“GST law” includes any Act, order, ruling or regulation, which imposes or otherwise deals with the administration or imposition of a GST in Australia.
(b) Notwithstanding any other provision of this Agreement: (i) If a GST applies to any supply made by
either party under or in connection with this Agreement, the consideration provided or to be provided for that supply will be increased by an amount equal to the GST liability properly incurred by the party making the supply.
(ii) If the imposition of a GST or any subsequent change in the GST law is accompanied by or undertaken in connection with the abolition of or reduction in any existing taxes, duties or statutory charges (in this clause “taxes”), the consideration payable by the recipient of the supply made under this Agreement will be reduced by the actual costs of the party making the supply that are reduced directly or indirectly as a consequence of the abolition of or reduction in taxes.
(7) The lessee must pay all rates and taxes assessed on or in respect of the land leased during the currency of the lease.
(8) The lessee must hold and use the land leased bona fide for the lessee's own exclusive benefit and must not transfer, convey or assign the land or any portion thereof without having first obtained the written consent of the Minister.
(9) The lessee must not enter into a sublease of the land leased unless the sublease specifies the purpose for which the land may be used under the sublease, and it is a purpose which is consistent with the purpose for which the land may be used under this lease.
(10) If the lessee enters into a sublease of the land leased, the lessee must notify the Commissioner of the granting of the sublease within 28 days after it is granted.
(11) The land leased must be used only for the purpose of Residence, Cultivation and Farm Tourism.
(12) The lessee must maintain and keep in reasonable repair all improvements on the land leased during the currency of the lease and shall permit the Minister or the Commissioner or any person authorised by the Minister or the Commissioner at all times to enter upon and examine the whole or any part of the land leased and the buildings or other improvements thereon.
(13) The lessee must, within 12 months from the date of commencement of the lease or such further period as the Minister may allow, erect a dwelling on the land in accordance with plans and specifi cations approved by the Council of the local government area.
(14) The lessee must ensure that the land leased is kept in a neat and tidy condition to the satisfaction of the Commissioner and not permit refuse to accumulate on the land.
(15) Upon termination or forfeiture of the lease the Commissioner may direct that the former lessee remove any structure or material from the land at his own cost and without compensation. Where such a direction has been given the former lessee must leave the land in a clean and tidy condition free from rubbish and debris.
(16) The lessee must, within 1 year from the date of commencement of the lease or such further period as the Commissioner may allow, enclose the land leased, either separately or conjointly with other lands held in the same interest, with a suitable fence to the satisfaction of the Commissioner.
(17) The lessee must not obstruct or interfere with any reserves, roads or tracks on the land leased, or the lawful use thereof by any person.
(18) The lessee must erect gates on roads within the land leased when and where directed by the Commissioner for public use and must maintain those gates together with approaches thereto in good order to the satisfaction of the Commissioner.
(19) The right is reserved to the public of access from a river or creek to the bank of that river or creek adjoining the land leased and the lessee shall not obstruct access along the bank, river or creek to any member of the public.
(20) Any part of a reserve for travelling stock, camping or water supply within the land leased must, during the whole currency of the lease, be open to the use of bona fide travellers, travelling stock, teamsters and carriers without interference or annoyance by the lessee and the lessee must post in a conspicuous place on the reserve a notice board indicating for public information the purpose of such reserve and, in fencing the land leased, the lessee must provide gates and other facilities for the entrance and exit of travelling stock, teamsters and others. The notice board, gates and facilities must be erected and maintained to the satisfaction of the Commissioner. The lessee must not overstock, wholly or in part, the areas leased within the reserve, the decision as to overstocking resting with the Commissioner.
(21) The Crown shall not be responsible to the lessee or the lessee's successors in title for provision of access to the land leased.
(22) The lessee must comply with requirements of section 18DA of the Western Lands Act 1901 which provides that except in circumstances referred to in subsection (3) of that section, cultivation of the land leased or occupied may not be carried out unless the written consent of the Authority has first been obtained and any condition to which the consent is subject under sub section (6) is complied with.
(23) The lessee must, as the Commissioner may from time to time direct, foster and cultivate on the land leased such edible shrubs and plants as the Commissioner may consider can be advantageously and successfully cultivated.
(24) Whenever so directed by the Commissioner, the lessee must, on such part or parts of the land leased as shall be specified in the direction, carry out agricultural practices, or refrain from agricultural practices, of such types and for such periods as the Commissioner may in the direction specify.
(25) The lessee must not overstock, or permit or allow to be overstocked, the land leased and the decision of the Commissioner as to what constitutes overstocking shall be final and the lessee must comply with any directions of the Commissioner to prevent or discontinue overstocking.
(26) The lessee must, if the Commissioner so directs, prevent the use by stock of any part of the land leased for such periods as the Commissioner considers necessary to permit of the natural reseeding and regeneration of vegetation and, for that purpose, the lessee must erect within the time appointed by the Commissioner such fencing as the Commissioner may consider necessary
(27) The lessee must furnish such returns and statements as the Commissioner may from time to time require on any matter connected with the land leased or any other land (whether within or outside the Western Division) in which the lessee has an interest.
(28) The lessee must, within such time as may be specified by the Commissioner take such steps and measures as the Commissioner shall direct to destroy vermin and such animals and weeds as may, under any Act, from time to time be declared (by declaration covering the land leased) noxious in the Gazette and must keep the land free of such vermin and noxious animals and weeds during the currency of the lease to the satisfaction of the Commissioner.
(29) The lessee must not remove or permit any person to remove gravel, stone, clay, shells or other material for the purpose of sale from the land leased unless the lessee or the person is the holder of a quarry license under regulations made under the Crown Lands Act 1989 or, in respect of land in a State forest, unless the lessee or the person is the holder of a forest materials licence under the Forestry Act 1916, and has obtained the special authority of the Minister to operate on the land, but the lessee may, with the approval of the Commissioner, take from the land such gravel, stone, clay, shells or other material for building and other purposes upon the land as may be required by the lessee.
(30) If the lessee is an Australian registered company then the following conditions shall apply: I The Lessee will advise the Commissioner of
the name, address and telephone number of the Lessee’s company secretary, that person being a person nominated as a representative of the company in respect of any dealings to be had with the company. The Lessee agrees to advise the Commissioner of any changes in these details.
II Any change in the shareholding of the Lessee’s company which alters its effective control of the lease from that previously known to the Commissioner shall be deemed an assignment by the Lessee.
III Where any notice or other communication is required to be served or given or which may be convenient to be served or given under or in connection with this lease it shall be sufficiently executed if it is signed by the company secretary.
IV A copy of the company’s annual fi nancial balance sheet or other financial statement which gives a true and fair view of the company’s state of affairs as at the end of each financial year is to be submitted to the Commissioner upon request.
(31) The lessee must ensure that cultivation and associated activities do not interfere with any road formation within the allowable area.
(32) Access tracks to the area to be cultivated must be arranged in such a manner as to minimise the disturbance of any land surfaces within the areas required to be left uncultivated to comply with the conditions of this consent.
(33) The lessee must ensure incised drainage lines, other than manmade structures which carry water after storms are left uncultivated in the channels and for a distance of at least 20 metres on either side of the banks of the channels, except when the Commissioner specifies otherwise.
(34) The lessee must establish windbreaks at his/her own expense as may be ordered by Commissioner to provide adequate protection of the soil.
(35) The lessee must undertake any fuel management and/ or provision of fire trail access in accordance with fire mitigation measures to the satisfaction of the NSW Rural Fire Service.
(36) The lessee must undertake any appropriate measures, at his/her own expense, ordered by the Commissioner to rehabilitate any degraded cultivated areas.
(37) The lessee must ensure stubble is retained on the soil surface and must not be burnt, except with the approval of the Commissioner or his delegate. Where such approval is granted, stubble burning is to be carried out as per requirements of the NSW Rural Fire Service.
(38) The lessee must ensure that sand hills and other soils with a surface texture of loamy sand or coarser are left uncultivated unless specifically approved by the commissioner.
(39) The lessee must ensure land within 60 metres of any texture contrast or duplex soil area remains uncultivated except in accordance with a plan approved by the Commissioner. Texture contrast (or duplex) soils are
soil types which have a sandy to loamy topsoil abruptly overlying a clay subsoil and are prone to scalding (producing clay pans and hummocks).
(40) The lessee must ensure areas with a slope greater than 2% remain uncultivated until any soil conservation measures documented in a plan approved by the Commissioner have been implemented at the lessee’ expense.
(41) The lessee must ensure that Cultivation and cropping do not alter the natural flood regime or obstruct the reasonable passage of floodwaters. Crops are not to be protected by levees.
(42) The lessee must ensure that no tail water or drainage water run-off will escape or discharge into or onto adjoining lands by any means including surface or sub-surface drains or pipes.
(43) (a) The lessee shall not use any vehicle for the purpose of “Farm Tourism” (and shall take all reasonable steps to prevent any other person from using any vehicle for the purpose of “Farm Tourism”) on any part of the lease identified under the provisions of the Soil Conservation Act 1938 as protected land or as being environmentally sensitive.
(b) The lessee shall ensure that any access tracks must be arranged in such a manner as to minimise the disturbance of any land surface.
(c) The lessee shall ensure that all traffic is contained to the designated tracks in order to reduce the impact on soil and vegetation including potential wind and water erosion on those tracks.
(d) The lessee shall not erect or permit any person to erect any buildings or extend any existing buildings on the land leased except to the satisfaction of the Commissioner.
(e) The lessee shall ensure that any European heritage sites, artefacts, buildings or other areas of significance will not be damaged, destroyed or defaced by either the lessee or other persons present on the leased land.
(f) The lessee shall undertake any appropriate measures, at his/her own expense as ordered by the Commissioner to rehabilitate any degraded or disturbed areas.
ALTERATION OF PURPOSE/CONDITIONS OF A WESTERN LANDS LEASE
IT is hereby notified that in pursuance of the provisions of section 18J, Western Lands Act 1901, the purpose and conditions of the undermentioned Western Lands Leases have been altered as shown.
ANDREW STONER M.P., Minister for Trade and Investment
Administrative District – Cobar; Shire – Cobar Parish – Mount Hope; County – Blaxland
The purpose/conditions of Western Lands Leases 4974, 8313, 8314 and 10144 being the land contained within Folio Identifiers 2807/764941, 4130/766635, 4129/766634 and 4329/767164 respectively have been altered from “Grazing” to “Grazing and Cultivation (Dryland)” effective from 11 December, 2012.
As a consequence of the alteration of purpose and conditions rent will be assessed annually in line with the Western Lands Act 1901 and Regulations.
The conditions previously annexed to Western Lands Leases 4974, 8313, 8314 and 10144 have been revoked and the following conditions have been annexed thereto.
(1) In the conditions annexed to the lease, the expression "the Minister" means the Minister administering the Western Lands Act 1901, and any power, authority, duty or function conferred or imposed upon the Minister by or under those conditions may be exercised or performed either by the Minister or by such offi cers of the Department of Primary Industries as the Minister may from time to time approve.
(2) In these conditions and reservations the expression "the Commissioner" means the Commissioner charged with the administration of the Western Lands Act 1901 ("the Act") in accordance with section 4 (2) of the Act.
(3) (a) For the purposes of this clause the term Lessor shall include Her Majesty the Queen Her Heirs and Successors the Minister and the agents servants employees and contractors of the Lessor Her Majesty Her Majesty’s Heirs and Successors and the Minister.
(b) The lessee covenants with the Lessor to indemnify and keep indemnified the Lessor from and against all claims for injury loss or damage suffered by any person or body using or being in or upon the Premises or any adjoining land or premises of the Lessor arising out of the Holder’s use of the Premises and against all liabilities for costs charges and expenses incurred by the Lessor in respect of the claim of any such person or body except to the extent that any such claims and demands arise wholly from any negligence or wilful act or omission on the part of the Lessor.
(c) The indemnity contained in this clause applies notwithstanding that this Lease authorised or required the lessee to undertake or perform the activity giving rise to any claim for injury loss or damage.
(d) The lessee expressly agrees that the obligations of the Holder under this clause shall continue after the expiration or sooner determination of this Lease in respect of any act deed matter or thing occurring before such expiration or determination.
(4) The rent of the lease shall be assessed in accordance with Part 6 of the Western Lands Act 1901.
(5) The rent shall be due and payable annually in advance on 1 July in each year.
(6) (a) “GST” means any tax on goods and/or services, including any value-added tax, broad-based consumption tax or other similar tax introduced in Australia.
“GST law” includes any Act, order, ruling or regulation, which imposes or otherwise deals with the administration or imposition of a GST in Australia.
(b) Notwithstanding any other provision of this Agreement: (i) If a GST applies to any supply made by
either party under or in connection with this
Agreement, the consideration provided or to be provided for that supply will be increased by an amount equal to the GST liability properly incurred by the party making the supply.
(ii) If the imposition of a GST or any subsequent change in the GST law is accompanied by or undertaken in connection with the abolition of or reduction in any existing taxes, duties or statutory charges (in this clause “taxes”), the consideration payable by the recipient of the supply made under this Agreement will be reduced by the actual costs of the party making the supply that are reduced directly or indirectly as a consequence of the abolition of or reduction in taxes.
(7) The lessee must pay all rates and taxes assessed on or in respect of the land leased during the currency of the lease.
(8) The lessee must hold and use the land leased bona fide for the lessee's own exclusive benefit and shall not transfer, convey or assign the land or any portion thereof without having first obtained the written consent of the Minister.
(9) The lessee must not enter into a sublease of the land leased unless the sublease specifies the purpose for which the land may be used under the sublease, and it is a purpose which is consistent with the purpose for which the land may be used under this lease.
(10) If the lessee enters into a sublease of the land leased, the lessee must notify the Commissioner of the granting of the sublease within 28 days after it is granted.
(11) The land leased must be used only for the purpose of Grazing and Cultivation (Dryland).
(12) The lessee must maintain and keep in reasonable repair all improvements on the land leased during the currency of the lease and shall permit the Minister or the Commissioner or any person authorised by the Minister or the Commissioner at all times to enter upon and examine the whole or any part of the land leased and the buildings or other improvements thereon.
(13) The lessee must ensure that the land leased is kept in a neat and tidy condition to the satisfaction of the Commissioner and not permit refuse to accumulate on the land.
(14) Upon termination or forfeiture of the lease the Commissioner may direct that the former lessee shall remove any structure or material from the land at his own cost and without compensation. Where such a direction has been given the former lessee shall leave the land in a clean and tidy condition free from rubbish and debris.
(15) The lessee must, within 1 year from the date of commencement of the lease or such further period as the Commissioner may allow, enclose the land leased, either separately or conjointly with other lands held in the same interest, with a suitable fence to the satisfaction of the Commissioner.
(16) The lessee must not obstruct or interfere with any reserves, roads or tracks, or the use thereof by any person.
(17) The lessee must erect gates on roads within the land leased when and where directed by the Commissioner for public use and shall maintain those gates together with approaches thereto in good order to the satisfaction of the Commissioner.
(18) Any part of a reserve for travelling stock, camping or water supply within the land leased shall, during the whole currency of the lease, be open to the use of bona fide travellers, travelling stock, teamsters and carriers without interference or annoyance by the lessee and the lessee must post in a conspicuous place on the reserve a notice board indicating for public information the purpose of such reserve and, in fencing the land leased, the lessee shall provide gates and other facilities for the entrance and exit of travelling stock, teamsters and others. The notice board, gates and facilities shall be erected and maintained to the satisfaction of the Commissioner. The lessee shall not overstock, wholly or in part, the areas leased within the reserve, the decision as to overstocking resting with the Commissioner.
(19) The Crown shall not be responsible to the lessee or the lessee's successors in title for provision of access to the land leased.
(20) The lessee shall comply with the provisions of the Native Vegetation Act 2003 and any regulations made in pursuance of that Act.
(21) The lessee shall comply with requirements of section 18DA of the Western Lands Act 1901 which provides that except in circumstances referred to in subsection (3) of that section, cultivation of the land leased or occupied may not be carried out unless the written consent of the Authority has first been obtained and any condition to which the consent is subject under sub section (6) is complied with.
(22) Notwithstanding any other condition annexed to the lease, the lessee shall, in removing timber for the purpose of building, fencing or firewood, comply with the routine agricultural management activities listed in the Native Vegetation Act 2003.
(23) The lessee shall not interfere with the timber on any of the land leased which is within a State forest, timber reserve or flora reserve unless authorisation has been obtained under the provisions of the Forestry Act 1916 and shall not prevent any person or persons duly authorised in that behalf from taking timber on the land leased. The lessee shall not have any property right in the timber on the land leased and shall not ring bark, kill, destroy or permit the killing or destruction of any timber unless authorised under the Forestry Act 1916 or unless approval has been issued in accordance with the Native Vegetation Act 2003, but the lessee may take such timber as the lessee may reasonably require for use on the land leased, or on any contiguous land held in the same interest, for building, fencing or firewood.
(24) The lessee shall, as the Commissioner may from time to time direct, foster and cultivate on the land leased such edible shrubs and plants as the Commissioner may consider can be advantageously and successfully cultivated.
be specified in the direction, carry out agricultural practices, or refrain from agricultural practices, of such types and for such periods as the Commissioner may in the direction specify.
(26) The lessee must not overstock, or permit or allow to be overstocked, the land leased and the decision of the Commissioner as to what constitutes overstocking shall be final and the lessee shall comply with any directions of the Commissioner to prevent or discontinue overstocking.
(27) The lessee must, if the Commissioner so directs, prevent the use by stock of any part of the land leased for such periods as the Commissioner considers necessary to permit of the natural reseeding and regeneration of vegetation and, for that purpose, the lessee shall erect within the time appointed by the Commissioner such fencing as the Commissioner may consider necessary
(28) The lessee must furnish such returns and statements as the Commissioner may from time to time require on any matter connected with the land leased or any other land (whether within or outside the Western Division) in which the lessee has an interest.
(29) The lessee must, within such time as may be specified by the Commissioner take such steps and measures as the Commissioner shall direct to destroy vermin and such animals and weeds as may, under any Act, from time to time be declared (by declaration covering the land leased) noxious in the Gazette and shall keep the land free of such vermin and noxious animals and weeds during the currency of the lease to the satisfaction of the Commissioner.
(30) The lessee must not remove or permit any person to remove gravel, stone, clay, shells or other material for the purpose of sale from the land leased unless the lessee or the person is the holder of a quarry license under regulations made under the Crown Lands Act 1989 or, in respect of land in a State forest, unless the lessee or the person is the holder of a forest materials licence under the Forestry Act 1916, and has obtained the special authority of the Minister to operate on the land, but the lessee may, with the approval of the Commissioner, take from the land such gravel, stone, clay, shells or other material for building and other purposes upon the land as may be required by the lessee.
(31) The lessee must comply with the provisions of the Protection of the Environment Operations Act 1997 particularly in relation to disposal of tailwaters or waters which may be contaminated with fertiliser, herbicide or pesticide or similar chemicals.
(32) The lessee must not clear any native vegetation within the area shown cross- hatched on the diagram hereunder unless written approval has been granted by the local Catchment Management Authority.
(33) The lessee must only cultivate an area of 45 hectares (WLL 4974), 195 hectares (WLL 8313), 248 hectares (WLL 8314) and 102 hectares (WLL 10144) shown hatched on the diagram below. Cultivation outside these areas will only be allowable with the written consent of the Commissioner or Minister.
(34) The lessee must ensure that cultivation and associated(25) Whenever so directed by the Commissioner, the lessee activities do not interfere with any road formationshall, on such part or parts of the land leased as shall within the allowable area.
(35) If the lessee is an Australian registered company then the following conditions shall apply: I The Lessee will advise the Commissioner of
the name, address and telephone number of the Lessee’s company secretary, that person being a person nominated as a representative of the company in respect of any dealings to be had with the company. The Lessee agrees to advise the Commissioner of any changes in these details.
II Any change in the shareholding of the Lessee’s company which alters its effective control of the lease from that previously known to the Commissioner shall be deemed an assignment by the Lessee.
III Where any notice or other communication is required to be served or given or which may be convenient to be served or given under or in connection with this lease it shall be sufficiently executed if it is signed by the company secretary.
IV A copy of the company’s annual fi nancial balance sheet or other financial statement which gives a true and fair view of the company’s state of affairs as at the end of each financial year is to be submitted to the Commissioner upon request.
(36) The lessee must not cultivate within the channel of incised drainage lines (other than manmade structures) which carry water after storms in the channels, nor cultivate within a distance of 20 metres on either side of the banks of the channels, except when otherwise specified by the Western Lands Commissioner.
(37) The lessee must establish windbreaks at his/her own expense, as may be ordered by the Western Lands Commissioner to provide adequate protection of the soil.

Documents

Government Gazette of 14 December 2012