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NATIVE TITLE ACT 1993 - SCHEDULE 1

Scheduled interests

Note:       This Schedule lists things that are covered by the expression Scheduled interest (see section 249C).

Part 1 -- New South Wales

   

1   Crown Lands Occupation Act 1861

                   A lease for special purposes under section 30 of the Crown Lands Occupation Act 1861 .

2   Crown Lands Act 1884

             (1)  A conditional lease under the Crown Lands Act 1884 .

             (2)  A special lease under section 89 of the Crown Lands Act 1884 .

             (3)  A special lease under section 90 of the Crown Lands Act 1884 that permits the lessee to use the land or waters covered by the lease solely or primarily for any of the following:

agriculture; bakery; bee and poultry farm; boiling down works; brick-kiln; bridge; building or repairing ships or boats; construction of a drainage canal; construction of an irrigation canal; cricket; cultivation of eucalyptus; dairying; dam; erection of machinery; factory; ferry; freezing works; graving dock; inn; irrigation or drainage canal; lime-kiln; mail station; night soil depot; nursery garden; patent slip; pig and poultry farm; punt-house; residence; saw-mill; sericulture; sheep and cattle yard; show ground; site for storage of explosives; skin drying and skin packing; slaughterhouse; slaughterhouse accommodation paddock; smelting works; smithy; storage; store; tank; tannery; tobacco growing; tramway; vegetable garden; wattle growing; well; wharf; wool washing establishment.

             (4)  A special lease under section 92 of the Crown Lands Act 1884 that permits the lessee to use the land or waters covered by the lease solely or primarily for any of the following:

                     (a)  irrigation or drainage canals;

                     (b)  forming and maintaining tramways and crossings and other necessary approaches and works in connection with forming and maintaining tramways and crossings.

3   Western Lands Act 1901 , Crown Lands Consolidation Act 1913 and other land Acts

             (1)  A residential lease (whether an original or an additional holding) under section 48 of the Crown Lands Act 1889 , section 50 of the Crown Lands Act 1895 or section 80 of the Crown Lands Consolidation Act 1913 .

             (2)  A homestead selection or grant (whether an original or an additional holding) under the Crown Lands Act 1895 or the Crown Lands Consolidation Act 1913 .

             (3)  A settlement lease (whether an original or an additional holding) under the Crown Lands Act 1895 or the Crown Lands Consolidation Act 1913 , other than a lease that:

                     (a)  permits the lessee to use the land or waters covered by the lease solely or primarily for grazing or pastoral purposes; and

                     (b)  does not permit the lessee to use the land or waters solely or primarily for agriculture, horticulture, cultivation, or a similar purpose.

             (4)  A lease under section 23 of the Western Lands Act 1901 that permits the lessee to use the land or waters covered by the lease solely or primarily for any of the following:

agriculture or any similar purpose; agriculture (or any similar purpose) and grazing combined; mixed farming or any similar purpose other than grazing.

             (5)  A conditional lease under the Western Lands Act 1901 or the Crown Lands Consolidation Act 1913 .

             (6)  A special lease under section 28A of the Western Lands Act 1901 or section 75 or 75B of the Crown Lands Consolidation Act 1913 that permits the lessee to use the land or waters covered by the lease solely or primarily for a business purpose of any of the following:

accommodation building; bus depot; cafe; caravan and camping park; concrete batching plant; factory; feedlot; fish marketing and processing; fuel depot; garage; holiday accommodation; hospital; hotel; kiosk; manufacturing works; marina; motel; motor repair facility; nursing home; office accommodation; oyster depuration; oyster processing; processing plant; restaurant; retail shop; retirement village; service station; showroom; storage; tourist accommodation and facilities; workshop.

             (7)  A special lease under section 28A of the Western Lands Act 1901 or section 75 or 75B of the Crown Lands Consolidation Act 1913 that permits the lessee to use the land or waters covered by the lease solely or primarily for a waterfront business of a marina, slipway, retail shop or food sales.

             (8)  A special lease under section 28A of the Western Lands Act 1901 or section 75 or 75B of the Crown Lands Consolidation Act 1913 that permits the lessee to use the land or waters covered by the lease solely or primarily for any of the following:

abattoirs accommodation paddock; abattoirs and resting paddock; accommodation house; aerodrome; agriculture; agriculture or any similar purpose; agriculture (or any similar purpose) and grazing combined; archery ground; bakery; basketball court; bee and poultry farm; boatshed; boiling down works; bowling green; brick kiln; bridge; building and repairing boats; building and repairing boats or ships; building or repairing of ships; bushfire brigade facilities; cable station; church and school site; community centre; construction of drainage canal; construction of irrigation canal; council chambers; council depot; council office; coursing ground and plumpton; cricket; cultivation; cultivation of eucalyptus; Country Women's Association rest rooms; dairying; dam; dam, weir or tank; day care centre; depot; dog and animal pound; dog racing course; domestic garden; driver training ground; equestrian grounds; erection of building; erection of coke oven; erection of dwelling; erection of machinery; factory; feedlot; ferries; freezing works; golf course; graving dock; gymnasium; horse racing course; horticulture; inn; kindergarten; land-based aquaculture; library; lime-kiln; mail station; manufacture of eucalyptus oil; market garden; mixed farming or any similar purpose other than grazing; motel; motor car and bike racing track; motor sports activities and facilities; neighbourhood depot; night soil depot; nursery garden; orchard; parking area; patent slip; pig and poultry farm; piggery; planting; poultry farm; power house, engine house, boiler house, bathroom, loading facilities or coal washery in connection with coal mining; pre-school; punt house; railway siding; railway station and depot; reclamation; refreshment room; refuse tip site; research centre; residence; residential development; residential subdivision; retirement village; rifle and pistol range; sale yard; sawmill; school and church site; school or other educational institution; septic tank; sericulture; sewage farm; sheep and cattle yard; showground; site for storage of explosives; skin drying and skin packing; slaughterhouse or abattoirs accommodation paddock; slaughterhouse; slip; smelting works; smithy; sporting club building; sporting ground; sporting ground and facilities; stable; storage of explosives; storage purposes; store; sugar cane growing; surf life saving club; swimming pool; tank; tannery; telecommunications or broadcasting tower, mast or building; tobacco growing; tramway; tree farming; vegetable garden; vegetable garden and nursery; velodrome; vineyard; volunteer rescue facilities; waste depot; water race; water storage; wattle growing; weighbridge; well; whaling station; wharf; wool washing establishment.

             (9)  A conditional purchase lease (whether an original or an additional holding) under the Crown Lands (Amendment) Act 1905 or the Crown Lands Consolidation Act 1913 .

           (10)  A Crown lease (whether an original or an additional holding) under the Crown Lands (Amendment) Act 1912 or the Crown Lands Consolidation Act 1913 , other than a lease that:

                     (a)  permits the lessee to use the land or waters covered by the lease solely or primarily for grazing or pastoral purposes; and

                     (b)  does not permit the lessee to use the land or waters solely or primarily for agriculture, horticulture, cultivation, or a similar purpose.

           (11)  A suburban holding (whether an original or an additional holding), a town land lease within an irrigation area, a homestead farm (whether an original or an additional holding), an irrigation farm lease or a non-irrigable lease, under the Crown Lands (Amendment) Act 1912 or the Crown Lands Consolidation Act 1913 .

           (12)  A week-end lease under the Crown Lands Consolidation Act 1913 .

           (13)  A special conditional purchase lease (whether an original or an additional holding) under the Crown Lands Consolidation Act 1913 .

           (14)  A lease under section 69A of the Crown Lands Consolidation Act 1913 that permits the lessee to use the land or waters covered by the lease solely or primarily for any of the following:

army depot; artillery range; beacon site; bombing range; firing range; lighthouse; naval facilities; pilot station; pistol range; quarantine station; rifle range; Royal Australian Air Force base; telecommunications or broadcasting tower, mast or building; training facility.

           (15)  A special lease under section 74 of the Crown Lands Consolidation Act 1913 that permits the lessee to use the land or waters covered by the lease solely or primarily for any of the following:

artificial reef; boatshed; building and repairing boats; dam; erection of a building; erection of machinery; floating dock; jetty; pier; reclamation; waterfront business for the purpose of a marina, retail shop, restaurant or boat repairs; whaling station; wharf.

           (16)  A special lease under section 76 of the Crown Lands Consolidation Act 1913 that permits the lessee to use the land or waters covered by the lease solely or primarily for any of the following:

irrigation or drainage canal; forming and maintaining tramways and crossings and other necessary approaches and works in connection with forming and maintaining tramways and crossings.

           (17)  A lease of town land under section 82A of the Crown Lands Consolidation Act 1913 .

4   Returned Soldiers Settlement Act 1916

                   A lease under section 4 of the Returned Soldiers Settlement Act 1916 .

5   Closer Settlement Amendment (Conversion) Act 1943

                   A group purchase lease, closer settlement lease or settlement purchase lease, under the Closer Settlement Amendment (Conversion) Act 1943 .

6   Crown Lands Act 1989

                   A lease under section 34 of the Crown Lands Act 1989 that permits the lessee to use the land or waters covered by the lease solely or primarily for any of the following:

agriculture; aquatic centre; boatshed; building for the use of charitable or community service organisation; bushfire brigade facilities; cafe; caravan and camping area; childcare facilities; commercial retail purposes; community centre; council depot; day care centre; equestrian centre; factory; feedlot; golf course; hotel; industrial depot; kindergarten; kiosk; library; marina; motel; office accommodation; registered club; residential purposes; restaurant; rifle and pistol range; sporting club; sporting ground; sporting ground and facilities; storage area; telecommunications or broadcasting tower, mast or building; tennis court; tourist accommodation and facilities; volunteer rescue facilities; youth organisation facilities.

7   National Parks legislation

             (1)  A lease under subsection 11(3) of the Kosciusko State Park Act 1944 .

             (2)  A lease under paragraph 30(1)(a) or (b) of the National Parks and Wildlife Act 1967 .

             (3)  A lease under paragraph 151(1)(a), (b), (c), (d) or (e) of the National Parks and Wildlife Act 1974 .

8   Various Acts

                   A lease under section 5 of the Public Parks Act 1854 , section 6 of the Public Parks Act 1884 , section 7 of the Public Parks Act 1902 , Part IIIA or Division 3 of Part IIIB of the Crown Lands Consolidation Act 1913 , Schedule 9A to the National Parks and Wildlife Act 1974 or Division 5 of Part 5 of the Crown Lands Act 1989 that permits the lessee to use the land or waters covered by the lease solely or primarily for any of the following:

accommodation house; amusement centre; art gallery; boat storage; boatshed; bowling green; building for use by community and charitable bodies; cafe; caravan park and camping ground; craft centre; day care centre; dog racing course and facilities; driver training ground; entertainment centre; football; golf course; Guide hall; historic building, structure and display; horse racing course and facilities; jetty; kindergarten; kiosk; launching ramp; marina; museum; restaurant; retail shop; retirement village; Scout hall; sporting club; sporting ground; sporting ground and facilities; sports stadium; swimming pool; tea room; telecommunications or broadcasting tower, mast or building; tourist information centre; volunteer rescue organisation; wharf; wharf and jetty; youth club; youth organisation facilities.

Part 2 -- Victoria

   

9   Land Acts etc.

             (1)  A lease under section XXI, XXIII or XLVII of the Land Act 1862 .

             (2)  A lease under section L of the Land Act 1862 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in subsection 3, 5, 8 or 9 of that section, or for a bathing house, bridge, ferry, punt house or quay or for depositing materials.

             (3)  A lease under section 13 or 38 of the Amending Land Act 1865 .

             (4)  A lease under section 37 of the Amending Land Act 1865 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in subsection 3, 5, 8 or 9 of section L of the Land Act 1862 or for a bathing house, bridge, ferry, punt house or quay or for depositing materials.

             (5)  A lease under section 20, 31, 33 or 46 of the Land Act 1869 .

             (6)  A lease under section 45 of the Land Act 1869 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in subsection (III), (V), (VIII) or (IX) of that section, or for a bathing house, bridge, ferry, punt house or quay or for depositing materials.

             (7)  A lease under section 18, 44, 92 or 94 of the Land Act 1884 .

             (8)  A lease under the Land Act 1884 in accordance with the conditions contained in a non-residence licence under section 49 of that Act.

             (9)  A lease under section 91 of the Land Act 1884 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in subsection (3), (5), (8) or (9) of that section, or for a bathing house, bridge, ferry, punt house or quay or for depositing materials.

           (10)  A lease of an agricultural allotment, or an agricultural lease, under the Land Act 1884 , the Land Act 1890 , the Land Act 1898 , the Land Act 1900 , the Land Act 1900 (No. 2) , the Land Act 1901 , the Land Act 1911 , the Land Act 1915 , the Land Act 1928 , the Land Act 1941 or the Land Act 1958 .

           (11)  A lease of drained and reclaimed swamp land under section 85 of the Land Act 1884 , section 85 of the Land Act 1890 , section 131 of the Land Act 1901 , section 110 of the Land Act 1915 , section 110 of the Land Act 1928 or section 110 of the Land Act 1958 that permits the lessee to use the land or waters covered by the lease solely or primarily for agricultural or residential purposes.

           (12)  A lease under section 18 or 100 of the Land Act 1890 .

           (13)  A lease under section 97 of the Land Act 1890 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in subsection (3), (5), (8) or (9) of that section, or for a bathing house, bridge, ferry, punt house or quay or for depositing materials.

           (14)  A lease under the Land Act 1890 in accordance with the conditions contained in a non-residence licence under section 49 of that Act or section 51 of the Land Act 1898 .

           (15)  A lease of a village community allotment under the Settlement on Lands Act 1893 or the Land Act 1901 .

           (16)  A lease of a township allotment under the Settlement on Lands Act 1893 or the Land Act 1901 .

           (17)  A lease of a homestead section under the Settlement on Lands Act 1893 or the Land Act 1901 .

           (18)  A lease under section 2 of the Land Act 1896 .

           (19)  A perpetual lease under the Land Act 1898 , the Land Act 1900 , the Land Act 1900 (No. 2) , the Land Act 1901 , the Land Act 1904 , the Land Act 1911 , the Land Act 1915 , the Land Act 1928 , the Land Act 1941 , the Land Settlement Act 1953 , the Land Settlement Act 1958 or the Land Act 1958 , other than a perpetual lease under Division 3 of Part II of the Land Act 1958 .

           (20)  A conditional purchase lease under the Land Act 1898 , the Land Act 1900 , the Land Act 1900 (No. 2) , the Land Act 1901 , the Murray Settlements Act 1907 , the Land Act 1911 , the Land Act 1915 , the Land Act 1928 , the Land Act 1933 , the Land Act 1941 or the Land Act 1958 .

           (21)  A lease of a grazing allotment under section 61 of the Land Act 1898 or section 56 of the Land Act 1901 .

           (22)  A lease under section 19 of the Land Act 1900 .

           (23)  A lease under section 18, 143, 144, 309, 311, 402 or 411 of the Land Act 1901 .

           (24)  A lease under the Land Act 1901 in accordance with the conditions contained in a non-residence licence under section 50 of that Act.

           (25)  A lease under section 142 of the Land Act 1901 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in subsection (3), (5), (8) or (9) of that section, or for a bathing house, bridge, ferry, punt house or quay or for depositing materials.

           (26)  A residential lease of a selection purchase allotment, non-residential lease of a selection purchase allotment, or selection purchase lease, under the Land Act 1901 , the Land Act 1911 , the Land Act 1915 , the Land Act 1915 (No. 2) , the Land Act 1928 , the Land Act 1941 or the Land Act 1958 .

           (27)  A lease under section 28 of the Land Act 1904 .

           (28)  A lease under section 73 of the Land Act 1911 .

           (29)  A lease under section 125 of the Land Act 1915 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in subsection (3), (5), (8) or (9) of that section, or for a bathing house, bridge, ferry, punt house or quay or for depositing materials.

           (30)  A lease under section 127 or 128 of the Land Act 1915 .

           (31)  A lease under section 4 of the Land Act 1915 (No. 2) .

           (32)  A lease under subsection 126(2) or section 127, 128 or 356 of the Land Act 1928 .

           (33)  A lease under section 125 or 352 of the Land Act 1928 or subsection 7(2) or section 14 of the Land Act 1941 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in paragraph 125(1)(c), (e), (h) or (i) of the Land Act 1928 , or for a bathing house, bridge, ferry, punt house or quay or for depositing materials.

           (34)  A right to occupy a residence area under the Land (Residence Areas) Act 1935 or the Land Act 1958 .

           (35)  A lease under section 14 of the Land Act 1941 to or by the holder of a lease under subsection 126(2) or section 127, 128 or 356 of the Land Act 1928 .

           (36)  A development lease under the Land (Development Leases) Act 1951 or the Land Act 1958 .

           (37)  An improvement purchase lease under the Land (Improvement Purchase Lease) Act 1956 or the Land Act 1958 .

           (38)  A cultivation lease under section 133B of the Land Act 1958 .

           (39)  A lease under section 134 of the Land Act 1958 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in paragraph (1)(c), (e), (h) or (i) of that section or for any of the following:

Aboriginal health services centre; accommodation and facilities for tourists; ambulance station; amusement park; bathing house; bowling club; bowling club and car park; bowls; bridge; car parking; caravan park; caravan park and camping ground; chair lift; church; clubhouse; clubroom; communications tower; Country Women's Association centre; craft centre; creative arts communication centre; depositing materials; depot; equestrian events; factory; ferry; ferry terminal; film and performing arts centre; fire station; fish freezing works; fish processing and freezing; fish processing works; football club; gas regulating and metering station; Girl Guides hall; gliding club; gliding field; golf; golf club; golf club house; golf course; golf driving range; grain testing facility; Guide hall; gun club; hall; harness racing club; health and fitness club and restaurant; holiday accommodation and agricultural farming; industrial purposes; industrial storage; jetty pens; lawn tennis club; line depot; manufacture of industrial accessories; manufacture of salt; manufacturing and storage; marina; marine education centre; marine operations terminal; marine workshop and sales; maritime industry warehouse; mobile telecommunications tower; motor car club; motor cycle club; museum and interpretive centre; office accommodation; office; pistol club; pistol range; processing and storage of petrol; processing, freezing and retailing fish; production of salt; punt house; purification plant; quay; radio relay station; radio repeater station; radio station; radio telephone and repeaters; radio transmission tower; radio transmitting station; relay station; retail shopping centre; rifle range; Returned Services League club; salt extraction; sawmill; school; Scout hall; sea pilot's station and amenities; shooting range; site for a line depot; stadium; storage of materials; telecommunications tower; television transmitting station; tennis court; tennis courts and clubroom; toll house; transmission tower; vehicular ferry terminal; warehouse; waste transfer station; water industry training centre and accommodation; yacht club; yacht clubhouse and yard.

           (40)  A lease under subsection 135(2) or section 136, 137, 151E, 222A, 222B of the Land Act 1958 .

           (41)  A lease under Subdivision 1 of Division 9 of Part I of the Land Act 1958 that permits the lessee to use the land or waters covered by the lease solely or primarily for industrial purposes or for the generation of electricity for supply or sale.

           (42)  An industrial lease, industrial purchase lease, or industrial development lease, under the Land Act 1958 .

10   Water Acts etc.

             (1)  A lease under section 75 of the Victorian Water Conservation Act 1881 .

             (2)  A lease under section 118 of the Irrigation Act 1886 .

             (3)  A lease under section 68, 243 or 292 of the Water Act 1890 , section 299 of the Water Act 1905 , section 299 of the Water Act 1915 , section 299 of the Water Act 1928 , section 324 of the Water Act 1958 or section 132 of the Water Act 1989 , that permits the lessee to use the land or waters covered by the lease solely or primarily for:

                     (a)  agricultural or residential purposes; or

                     (b)  an angling club or the storage and launching of boats.

             (4)  A lease under section 277 of the Water Act 1890 .

             (5)  A lease under section 213 of the Water Act 1905 .

             (6)  A lease under section 184 of the Water Act 1915 .

             (7)  A lease under section 184 of the Water Act 1928 .

             (8)  A lease under section 200 of the Water Act 1958 .

11   Forests Acts

             (1)  A lease under section 39 of the Forests Act 1918 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes of a dwelling-house or business premises.

             (2)  A lease under section 51 of the Forests Act 1958 that permits the lessee to use the land or waters covered by the lease solely or primarily for any of the following:

cabin accommodation; caravan park; dwelling house; hotel; mobile communications base station; nursery; preservation of an historic building; rifle range; saw mill; ski lodge; softwood production; steel tower and storage shed; telecommunications tower; television transmitter station; training and research centre; transmission tower.

             (3)  A lease under section 51 of the Forests Act 1958 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in paragraph 134(1)(c), (e), (h) or (i) of the Land Act 1958 , or for a bathing house, bridge, ferry, punt house or quay or for depositing materials.

             (4)  A lease under section 57B of the Forests Act 1958 .

12   National Parks Act 1975

             (1)  A lease or tenancy under paragraph 19(2)(a) or section 30AA, 32AB or 32B of the National Parks Act 1975 .

             (2)  A tenancy of a building under paragraph 19(2)(b) of the National Parks Act 1975 .

             (3)  A lease under section 31AA of the National Parks Act 1975 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in paragraph (2)(a) or (c) of that section.

             (4)  A tenancy under section 32C of the National Parks Act 1975 that permits the lessee to use the land or waters covered by the lease solely or primarily for residential purposes or for erecting, providing or using particular structures, facilities or equipment in connection with the keeping of horses or the conduct of a riding school.

13   Alpine Resorts Act 1983

             (1)  A lease under subsection 28(2) of the Alpine Resorts Act 1983 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in paragraph (a) or (b) of that subsection.

             (2)  A lease under paragraph 28(2)(c) of the Alpine Resorts Act 1983 that permits the lessee to use the land or waters covered by the lease solely or primarily for a fire station, telecommunications relay station or telephone exchange.

             (3)  A lease under section 28A of the Alpine Resorts Act 1983 .

14   Gardens Acts

             (1)  A lease under subsection 24(2) of the Royal Botanic Gardens Act 1991 that permits the lessee to use the land or waters covered by the lease solely or primarily for a kiosk, cafe, restaurant, shop or other outlet providing refreshment services.

             (2)  A lease under subsection 24(3A) of the Royal Botanic Gardens Act 1991 .

             (3)  A lease under paragraph 33(2)(a) of the Zoological Parks and Gardens Act 1995 that permits the lessee to use the land or waters covered by the lease solely or primarily for a kiosk, cafe, restaurant, shop or other outlet providing refreshment services.

15   Settlement Acts etc.

             (1)  A settlement interim lease, settlement purchase lease or purchase lease under the Soldier Settlement Act 1946 , the Soldier Settlement Act 1958 , the Land Act 1958 , the Land Settlement Act 1959 or the Rural Finance Act 1988 .

             (2)  A perpetual lease under the North-West Mallee Settlement Areas Act 1948 or Division 3 of Part II of the Land Act 1958 , other than a lease that:

                     (a)  permits the lessee to use the land or waters covered by the lease solely or primarily for grazing or pastoral purposes; and

                     (b)  does not permit the lessee to use the land or waters solely or primarily for agriculture, horticulture, cultivation, or a similar purpose.

             (3)  A lease under section 43 of the Soldier Settlement Act 1958 pending the grant of an interim lease under that Act.

             (4)  A temporary lease under the Land Settlement Act 1959 .

             (5)  A lease under section 47 of the Land Settlement Act 1959 .

16   Crown Land (Reserves) Act 1978

             (1)  A lease under section 14D, 16, 17C or 17D of the Crown Land (Reserves) Act 1978 that permits the lessee to use the land or waters covered by the lease solely or primarily for any of the following:

antenna; caravan park; caravan park and camping ground; clubhouse; curtilage to a dwelling; curtilage to a private club; environmental education centre; fire tower; golf club; golf course; historic society; house encroachment; houseboat hire and servicing; kiosk, tea room, fish shop and jetty; marine research laboratory; mobile communications base station; museum; museum and interpretative centre; pistol range; pre-school centre; preserving historic building; public hall; radio transmission tower; rescue station; residence; sailing school; theatre; water filtration plant; water pump and underground tank.

             (2)  A lease under section 22 or 23 of the Crown Land (Reserves) Act 1978 .

             (3)  A lease under section 29A of the Crown Land (Reserves) Act 1978 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in paragraph (1)(b) of that section.

17   Melbourne and Metropolitan Board of Works Acts

             (1)  A lease under section 147 of the Melbourne and Metropolitan Board of Works Act 1890 , section 209 of the Melbourne and Metropolitan Board of Works Act 1915 , section 209 of the Melbourne and Metropolitan Board of Works Act 1928 or section 235 of the Melbourne and Metropolitan Board of Works Act 1958 that permits the lessee to use the land or waters covered by the lease solely or primarily for industrial or residential purposes.

             (2)  A building or improving lease under section 148 of the Melbourne and Metropolitan Board of Works Act 1890 , section 210 of the Melbourne and Metropolitan Board of Works Act 1915 , section 210 of the Melbourne and Metropolitan Board of Works Act 1928 or section 236 of the Melbourne and Metropolitan Board of Works Act 1958 that permits the lessee to use the land or waters covered by the lease solely or primarily for industrial or residential purposes.

18   Port Acts etc.

             (1)  A lease under section 35 of the Harbor Boards Act 1958 , paragraph 24(2)(b) or 26B(1)(a) or subsection 46(1) of the Port of Geelong Authority Act 1958 , paragraph 50(2)(b) or 56A(1)(a) or section 50A of the Port of Melbourne Authority Act 1958 , paragraph 17A(2)(b) or 17E(1)(a) or subsection 19(2) of the Port of Portland Authority Act 1958 or paragraph 65(4)(d) of the Port Services Act 1995 that permits the lessee to use the land or waters covered by the lease solely or primarily for any of the following:

berthing and mooring facilities; jetty; loading and unloading of commercial shipping; pier and associated rock wall; storage of cargo or storage and operation of equipment and machinery for shipping operations or launching boats; wharf.

             (2)  A lease under paragraph 24(2)(b) or 26B(1)(a) or subsection 46(1) of the Port of Geelong Authority Act 1958 that permits the lessee to use the land or waters covered by the lease for any of the purposes mentioned in subsection 46(1) of that Act.

             (3)  A lease under subsection 20(2) or 24(1) of the Docklands Authority Act 1991 that permits the lessee to use the land or waters covered by the lease solely or primarily for a shipping terminal, workshop, port services headquarters or the operation of the Port of Melbourne, or for industrial purposes.

19   Railway and Transport Acts

             (1)  A lease under section 76 of the Railways Act 1958 that permits the lessee to use the land or waters covered by the lease solely or primarily for cultivation, for grazing and cultivation, or for residential purposes.

             (2)  A lease under paragraph 41(1)(a) of the Emerald Tourist Railway Act 1977 of a refreshment room, shed, office, shop, house, stall or other building, of a site for the erection of a refreshment room, shed, office, shop, house, stall or other building, or for storage.

             (3)  A lease under subparagraph 21(1)(f)(i) of the Railway Construction and Property Board Act 1979 that permits the lessee to use the land or waters covered by the lease solely or primarily for industrial or residential purposes.

             (4)  A lease or tenancy under subsection 25(3) or 26(1) of the Railway Construction and Property Board Act 1979 .

             (5)  A lease under paragraph 47(2)(b) of the Transport Act 1983 that permits the lessee to use the land or waters covered by the lease solely or primarily for cultivation, for grazing and cultivation, or for residential purposes.

20   Various Acts

             (1)  A lease under section 17 or 20A of the Education Act 1958 that permits the lessee to use the land or waters covered by the lease solely or primarily for a cultural centre, sports ground, school or other educational institution.

             (2)  A lease under section 3 of the Land (Surf Life Saving Association) Act 1967 .

             (3)  A lease under subsection 7(2) or paragraph 15(1)(f) of the Albury-Wodonga Agreement Act 1973 that permits the lessee to use the land or waters covered by the lease solely or primarily for agricultural or residential purposes.

             (4)  A lease or tenancy under paragraph 6(2)(a) of the Melbourne Wholesale Fruit and Vegetable Market Trust Act 1977 or paragraph 7(2)(a) of the Melbourne Market Authority Act 1977 that permits the lessee to use the land or waters covered by the lease solely or primarily for storing, distributing or selling vegetables, fruit, flowers or other produce.

             (5)  A lease under paragraph 13(1)(i) of the Government Employee Housing Authority Act 1981 .

             (6)  A lease under section 128K of the Casino Control Act 1991 .

             (7)  A lease under paragraph 24(1)(b) of the Melbourne Sports and Aquatic Centre Act 1994 , or a lease deemed to be granted under subsection 24(2) of that Act, that permits the lessee to use the land or waters covered by the lease solely or primarily for sport or gaming activities or an entertainment centre.

             (8)  A lease under section 7 of the Australian Food Industry Science Centre Act 1995 that permits the lessee to use the land or waters covered by the lease solely or primarily for agricultural research.

Part 3 -- Queensland

   

21   Leases under various Land Acts etc.

             (1)  A lease under section XII of the Alienation of Crown Lands Act 1860 .

             (2)  A lease under section 51 of the Crown Lands Alienation Act 1868 .

             (3)  A special lease under section 69 of the Crown Lands Alienation Act 1868 , section 70 of the Crown Lands Alienation Act 1876 or section 188 of the Land Act 1897 .

             (4)  A lease under the Gold Fields Town Lands Act 1869 .

             (5)  A lease under section 28 of the Crown Lands Alienation Act 1876 .

             (6)  A perpetual town allotment lease under the Land Act 1897 .

             (7)  A perpetual suburban allotment lease under the Land Act 1897 .

             (8)  A lease under section 119A of the Land Act 1910 .

             (9)  A lease under subsection 185(2) of the Land Act 1910 , section 343 of the Land Act 1962 or subsection 57(1) of the Land Act 1994 , a special lease under the Land Act 1910 or the Land Act 1962 , a lease for a term of years or a perpetual lease under section 22B of the State Housing Act 1945 , or a term lease or perpetual lease under the Land Act 1994 , that permits the lessee to use the land or waters covered by the lease solely or primarily for any of the following:

abattoir; accommodation; accommodation paddock adjoining an abattoir; aerodrome; aeromodellers club; aged persons' home; agricultural and horticultural society showground; agriculture; air traffic control facilities; aircraft hangar site; aircraft hangar, repair and administration building; aircraft landing ground; airfield; airstrip; airstrip and terminal; all sports complex; amphitheatre; amusement and entertainment park and pub; animal refuge boarding kennel; animal refuge home; Apex club; archery club; archery range; arts and craft centre; automatic telephone exchange; aviation building; band hall site; bank; basketball; basketball club; basketball court; beacon; boat building; boat hire; boat pilot base and wharf; boat ramp; boat repair; boat sales; boat shed; boating and fishing club; bowhunting; bowhunting club; bowhunting range; bowling club; bowling green; bowls club; Boy Scouts hall; Boys Brigade hall; British Australian club; broadcasting tower, mast or facility; building encroachment; building or repairing boats; bulk fuel depot; bulk storage; bulk storage depot; burning of sawmill waste; bus depot; butchery; cafe; cafeteria; cane employees' accommodation; car parking; car storage; car wrecking yard; caravan park; catamaran club; cattle transport depot or yard; causeway; change rooms and associated facilities; charitable organisation; child care centre; church; church and church hall; church school; city band hall; civil aviation anemometer site; civil aviation visual omni range; clubhouse; clubhouse for the Grand Lodge of the Royal Antediluvian Order of Buffaloes; coast guard facilities; coffee growing; coffee shop; coke works; commercial building development; communal bore; communal dam; communal storage building; communal tank; community centre; compressor station site; concrete batching plant; concrete manufacturing and storage of earthmoving equipment; conservatorium of music; coral art display and sales shop and residence; coral art display and sales shop or centre; crane hire; cricket; cricket club; cricket ground; cricket ground and grandstand; crocodile farm; croquet club; croquet pitch; culture centre; dairy; dam; dam site and agriculture; dance hall; dart playing hall; delicatessen-snack bar; depot; development office; dining hall; dip site; dog training; drive-in picture theatre; driver training; drug and alcohol rehabilitation centre; dry dock; educational institution; electricity generator and depot; electricity substation; electricity transmission tower; elevated passenger cable way pylons and building; Endeavour workshop; engineering workshop; equestrian and general sporting purposes; equestrian club; equestrian field; equestrian or pony field; explosive magazine; explosive manufacture, testing and storage; export game meat receival and kangaroo pet food depot; fast food outlet; feed lot; ferry terminal; fertiliser storage depot; fibre board plant; field archery range; fire brigade station; fire observation tower; fish depot; fishing club; flood mitigation dam or canal; flying field and soaring/gliding building; football; football club; football ground; freight terminal and barge ramp; fruit growing; fruit storage; fuel and garage facilities; fuel depot; fuel storage; game collection centre; game fishing club; garage; gas compressor; gas offtake and pressure regulating system; gas storage tank; gas treatment plant; general engineering workshop; general store; Girl Guides hall; golf club; golf course; golf links; grain handling facilities; grain storage depot; gravel treatment; grazing and horticulture; grocery shop; gun club; heavy engineering and fabrication; helipad site; historical museum; hockey club; hockey pitch; holiday unit; home unit; horse and pony club; horse stabling; horticulture; hostel; hotel; hotel-casino; housing purposes; indoor sports centre; industrial development; industrial purposes; Jaycees room; jetty; judo; kindergarten; kiosk; knackery; land-based aquaculture; land-based aquaculture inlet canal; land-based mariculture; licensed club; light industrial purposes; lighthouse; line depot; log storage; lot feeding; machinery shed; machinery storage; maintenance depot; manufacturing; marina; marine stadium; marine workshop and slipway; market garden; market gardening; Masonic lodge; mechanical workshop; medical centre; memorial club; metal fabrication; microwave radio feeder station; microwave radio tower, mast or building; microwave repeater station; milk depot; mobile telecommunications tower, mast or building; mobile two way radio tower, mast or building; monorail train operation; motel; motocross track; motorbike sales and service; motorbike track; motor club; motorcycle club; motorcycle raceway; motor raceway; motor racing; motor sports; multi-unit residential development; multi-purpose family centre; music hall; netball; netball club; netball court; newsagency; nursery; office; offtake and pressure regulating station; oil depot; on-shore boat house; optical fibre repeater station; orchard; pharmacy; piggery; pine plantation; pipe band hall; pistol club; pistol range; plant nursery; playground; Police Citizens Youth Club; polocrosse; polocrosse club; polocrosse field; pony club; pony field; post office; pottery club; power and sailing boat club and launching, storage and preparation area; power station; power substation; prawn receiving depot; pre-school; preparation and distribution of meals; private school; produce store; professional fishing base, building and wharf; Progress Association hall; pump site and agriculture; pump station; pumping plant; pumping station; quarry depot; racecourse; racecourse and showground; radio communication tower, mast or building; radio station; radio telephone station; radio transmitter; radio-telephone transmitter; rail transport infrastructure; railway; railway loop and train loading facilities; reclamation; repeater station; residential building development; residential flats; residential purposes; restaurant; restoration of historical structure and tourist accommodation and facilities; retail liquor outlet; retail shopping; retail shops and/or commercial office; retirement village; Returned Services League club; rice growing and small crops; rifle club; rifle range; roadhouse; roadside stall; rodeo ground; rowing club; rugby league clubhouse; rural training school; rural youth hall; sailing club; saleyard; salt production; sand blasting workshop; sawmill; sawmill products storage; school; school playground; sea cadets hall; secondary school; seed storage; service and maintenance depot; service station; settling pond; sewage disposal; sewage treatment plant; sewage treatment works; shed; shooting range; shop premises; shopping centre; shopping complex; shop; show society and associated sporting ground; showground; showroom; single person's quarters; skating rink; skeet shooting range; ski club; slaughterhouse; sleeper sawmill; slipway and associated facilities; small bore rifle range; soccer club; speedway and associated purposes; sporting complex; sporting field; sports club or complex; sports ground, field, pitch, stadium or oval; spray painting and mechanical repair; spraypainting; squash court; State Emergency Service purposes; stockpiling gravel; stockpiling sand and gravel; stock trucking yard; storage and milling of rice; storage of boats; storage of containers; storage of electrical equipment; storage of ilmenite; storage of plant and machinery; storage shed; sugar cane growing; sugar mill pumping site; sugar storage; supermarket; surf life saving facility; swimming club; swimming pool; tank site; tannery; tannery and knackery; target bowhunting; telecommunications tower, mast or building; telephone optical fibre repeater site; television tower site; television translator; television transmitting tower, mast or building; tennis club; tennis court; theatre; theatre or hall; timber storage; timber yard; tobacco growing; toll bridge; tourist accommodation; tourist accommodation and facilities; train loading facilities; tramway; tramway loading siding; transformer site; translator broadcasting station; transport depot; transport terminal; travel agency; tropical science field station; truck and machinery depot; trucking depot; trucking yard; union office and associated facilities; vehicle parking; vehicle service and maintenance; vehicle traffic ramp and loading dock; vehicle wrecking yard; vehicles and machinery depot; vineyard; voltage regulator site; war graves; war veterans' home; warehouse; warehouse storage; water activity centre for Scouts; water bore site; water dissipation plant; water pumping station; water ski club; water storage facilities; waterfront shop; weighbridge; welding workshop; well site; wheat storage and handling depot; wheat storage shed or silo; wholesale plant nursery; workers' accommodation and marshalling yard; workshop; workshop for handicapped persons; yacht club; youth hall.

           (10)  A development lease under the Crown Land Development Act 1959 or the Land Act 1962 that permits the lessee to use the land or waters covered by the lease solely or primarily for manufacturing, business, industrial, residential or tourist and recreational purposes.

22   Freeholding leases

             (1)  A freeholding lease under the State Housing Act 1945 .

             (2)  A grazing homestead freeholding lease under the Land Act 1962 or the Land Act 1994 .

             (3)  A freeholding lease as defined in Schedule 6 to the Land Act 1994 .

23   Homestead interests

             (1)  A homestead lease under the Gold Fields Homestead Act 1870 , the Gold Fields Homestead Leases Act 1886 or the Mineral Homesteads Leases Act 1891 .

             (2)  A homestead selection under the Homestead Areas Act 1872 or the Crown Lands Alienation Act 1876 .

             (3)  An agricultural homestead under the Land Act 1897 , the Special Agricultural Homesteads Act 1901 or the Land Act 1910 .

             (4)  A free homestead under the Land Act 1897 or the Land Act 1910 .

             (5)  A miner's homestead perpetual lease under the Miners' Homestead Leases Act 1913 .

             (6)  A miner's homestead lease under the Miners' Homestead Leases Act 1913 , the Mining Act 1898 or any Act repealed by the Mining Act 1898 .

             (7)  A grazing homestead under the Upper Burnett and Callide Land Settlement Act 1923 .

             (8)  A grazing homestead perpetual lease under the Land Act 1962 .

24   Settlement farm leases

             (1)  A settlement farm lease under the Closer Settlement Act 1906 , the Land Act 1910 , the Brigalow and Other Lands Development Act 1962 , the Land Act 1962 or the Irrigation Areas (Land Settlement) Act 1962 .

             (2)  A designed settlement farm lease under the Land Act 1910 .

25   Agricultural farms

                   An agricultural farm under the Crown Lands Act 1884 , the Agricultural Lands Purchase Act 1894 , the Agricultural Lands Purchase Act 1897 , the Land Act 1897 , the Special Agricultural Selections Act 1901 , the Closer Settlement Act 1906 , the Land Act 1910 , the Brigalow and Other Lands Development Act 1962 , the Irrigation Areas (Land Settlement) Act 1962 or the Land Act 1962 .

26   Perpetual lease selections

                   A perpetual lease selection under the Land Act 1897 , the Closer Settlement Act 1906 , the Land Act 1910 , the Discharged Soldiers' Settlement Act 1917 , the Upper Burnett and Callide Land Settlement Act 1923 , the Sugar Workers' Perpetual Lease Selections Act 1923 , the Tully Sugar Works Area Land Regulations Ratification Act 1924 , the Irrigation Acts Amendment Act 1933 , the Brigalow and Other Lands Development Act 1962 , the Irrigation Areas (Land Settlement) Act 1962 or the Land Act 1962 .

27   Perpetual town leases

             (1)  A perpetual town lease, including an auction perpetual lease that is a perpetual town lease, under the Closer Settlement Act 1906 , the Land Act 1910 , the Discharged Soldiers' Settlement Act 1917 , the Workers' Homes Act 1919 , the Tully Sugar Works Area Land Regulations Ratification Act 1924 , the Irrigation Acts Amendment Act 1933 , the State Housing Act 1945 , the Irrigation Areas (Land Settlement) Act 1962 or the Land Act 1962 .

             (2)  A perpetual town lease without competition under the Land Act 1910 , the Irrigation Areas (Land Settlement) Act 1962 or the City of Brisbane (Flood Mitigation Works Approval) Act 1952 .

             (3)  A perpetual town lease (non-competitive lease) under the Irrigation Areas (Land Settlement) Act 1962 or the Land Act 1962 .

28   Perpetual suburban leases

             (1)  A perpetual suburban lease, including an auction perpetual lease that is a perpetual suburban lease, under the Closer Settlement Act 1906 , the Land Act 1910 , the Discharged Soldiers' Settlement Act 1917 , the Workers' Homes Act 1919 , the Tully Sugar Works Area Land Regulations Ratification Act 1924 , the State Housing Act 1945 , the Irrigation Areas (Land Settlement) Act 1962 or the Land Act 1962 .

             (2)  A perpetual suburban lease without competition under the Land Act 1910 , the Irrigation Areas (Land Settlement) Act 1962 or the City of Brisbane (Flood Mitigation Works Approval) Act 1952 .

             (3)  A perpetual suburban lease (non-competitive lease) under the Irrigation Areas (Land Settlement) Act 1962 or the Land Act 1962 .

29   Perpetual country leases

             (1)  A perpetual country lease, including an auction perpetual lease that is a perpetual country lease, under the Closer Settlement Act 1906 , the Land Act 1910 , the Tully Sugar Works Area Land Regulations Ratification Act 1924 , the Irrigation Areas (Land Settlement) Act 1962 or the Land Act 1962 .

             (2)  A perpetual country lease without competition under the Land Act 1910 or the City of Brisbane (Flood Mitigation Works Approval) Act 1952 .

             (3)  A perpetual country lease (non-competitive lease) under the Irrigation Areas (Land Settlement) Act 1962 or the Land Act 1962 .

30   Prickly pear-related interests

             (1)  A prickly pear frontage selection under the Land Act 1897 .

             (2)  A prickly pear infested selection under the Land Act 1897 .

             (3)  A prickly-pear selection under the Prickly Pear Selections Act 1901 or the Land Act 1910 .

             (4)  A perpetual lease prickly-pear development selection under the Land Act 1910 or the Prickly-pear Land Acts Amendment Act 1930 .

             (5)  A prickly-pear development selection under the Land Act 1910 or the Prickly-pear Land Acts Amendment Act 1930 .

31   Leases under agreements given the force of law

             (1)  Any special lease granted to Amoco Australia Pty Limited under clause 3 of the Agreement that is given the force of law by section 3 of the Amoco Australia Pty Limited Agreement Act 1961 .

             (2)  The lease granted to Austral-Pacific Fertilizers Limited under clause 4(b) or 4(c) of the Agreement that is given the force of law by section 3 of the Austral-Pacific Fertilizers Limited Agreement Act 1967 .

             (3)  Any special lease granted to Austral-Pacific Fertilizers Limited under clause 4(d) of the Agreement that is given the force of law by section 3 of the Austral-Pacific Fertilizers Limited Agreement Act 1967 .

             (4)  The special lease granted to the Gateway Bridge Company Limited under clause 1(5) of Part III of the Agreement that is given the force of law by section 4 of the Gateway Bridge Agreement Act 1980 .

             (5)  The special lease granted to the Sunshine Motorway Company Limited under clause 1(4) of Part III of the Agreement that is given the force of law by section 4 of the Motorways Agreements Act 1987 .

32   Various interests

             (1)  A lease under the Leasing Act 1866 .

             (2)  A lease under the Gold Fields Homestead Act Amendment Act 1880 .

             (3)  An unconditional selection under the Crown Lands Act 1891 , the Land Act 1897 , the Closer Settlement Act 1906 or the Land Act 1910 .

             (4)  A designed agricultural selection under the Land Acts Amendment Act 1952 .

             (5)  A perpetual lease under section 8 of the Clermont Flood Relief Act 1917 .

             (6)  A sugar workers' agricultural farm under the Tully Sugar Works Area Land Regulations Ratification Act 1924 .

             (7)  A lease under section 64A of the Harbours Act 1955 .

             (8)  A purchase lease under the Brigalow and Other Lands Development Act 1962 .

             (9)  An auction purchase freehold under the Land Act 1962 , including a lease under section 176 of that Act.

           (10)  A special lease purchase freehold under the Land Act 1962 , including a lease under subsection 207(7) of that Act.

           (11)  A sub-lease under subsection 6A(2) of the Industrial Development Act 1963 .

           (12)  A lease under paragraph 24(b) of the Industrial Development Act 1963 .

           (13)  A mining titles freeholding lease under the Mining Titles Freeholding Act 1980 .

Part 4 -- Western Australia

   

33   Legislation before 1898

             (1)  A lease of town land under the Land Regulations 1829 that permits the lessee to use the land or waters covered by the lease solely or primarily for residential purposes.

             (2)  A lease of special occupation land under the Land Regulations 1872 .

             (3)  A conditional purchase lease under clause 46, 47, 48, 49, 50, 52 or 53 of the Land Regulations 1887 .

             (4)  A lease under subsection 12(5) of the Mineral Lands Act 1892 .

             (5)  A homestead farm under the Homesteads Act 1893 .

             (6)  A homestead lease under the Homesteads Act 1893 .

             (7)  A lease under the Agricultural Lands Purchase Act 1896 .

34   Land Act 1898 and Land Act 1933

             (1)  A lease under section 41a of the Land Act 1898 that permits the lessee to use the land or waters covered by the lease solely or primarily for any of the following:

agriculture; artificial limb factory; bakehouse and store; boarding house; boat repairing and shed for crews; bowling green; brickmaking; brine evaporation plant; cultivation; dairying; experimental cultivation; experimental gardening purposes; fish curing, canning and manufacture of by-products; fruit and confectionary shop; golf links; hospital site; manure and cement factory; market garden; pig and poultry farm; post office; residential purposes; sandalwood stack and store; slaughter yard; stable and storage yard; stacking firewood; stacking telegraph poles; store and dwelling; tramway and timber yard; tropical agriculture; vegetable growing; veterinary hospital.

             (2)  A lease under section 152 of the Land Act 1898 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in subsection (3), (5), (8), (12) or (13) of that section.

             (3)  A lease under section 152 of the Land Act 1898 that permits the lessee to use the land or waters covered by the lease solely or primarily for any of the following:

artificial lake; bathing house; billiard room; blacksmith and wheelwright shop; boarding house; boat building, fish canning and horse paddock; boat shed; bone crushing mill; brick kiln; bridge; building and repairing boats; butchering and slaughtering; canning and preserving works; cement works; chemical works; church site; clayhole and brick kiln; collection in catchment ditches and manufacture of salt; cultivation; cultivation of tobacco; dairying; depositing of materials; depot for sponge fishery; explosives magazine; factory site; ferry; fertiliser factory; fire brick manufacture; fishing station; foundry; gardening; growing cotton; hotel site; inn and general store; jetty site; land base for pearling activities; landing and packing pearl shell; laying up, repairing and fitting pearling vessels; lime burning; lime kiln; machinery depot; manufacturing aerated water; manufacturing plaster of paris and manure; manufacturing white lead; market garden; mixed gardening; monumental site; news and general agent; permanent pearling camp accommodation; piggery; poultry farm; preserving fish; private hospital; pumping station; punt house; quay; repairing luggers; residence; residential purposes; rope and twine factory; sanitary plant and stable; school; sheep dip; site for stores, dwelling or jetty; skating rink; slaughter yard; slipway for boats; stock yard; storage of fodder; storage of sandalwood; store and garden; store site; storing brewery requisites; tea and refreshment rooms; tennis club; tile factory; toll house; tramway siding; whaling factory; whaling station; wharf; wood shed; wool scouring shed; yacht clubhouse; yard for horses.

             (4)  A lease of town or suburban land under section 153 of the Land Act 1898 that permits the lessee to use the land or waters covered by the lease solely or primarily for residential purposes.

             (5)  A lease under section 153a of the Land Act 1898 .

             (6)  A homestead farm under the Land Act 1898 or the Land Act 1933 .

             (7)  A conditional purchase lease under Part V or VI of the Land Act 1898 or Part V of the Land Act 1933 .

             (8)  A lease of special settlement land under the Land Act 1898 or the Land Act 1933 .

             (9)  A lease of a working man's block under the Land Act 1898 or the Land Act 1933 .

           (10)  A lease under subsection 32(1) of the Land Act 1933 that permits the lessee to use the land or waters covered by the lease solely or primarily for any of the following:

aerodrome; agriculture; angling clubhouse; aviary; boat shed; building; bulk wheat storage; caravan park; children's playground; concrete batching plant and stockpiling metal products; constructed stock and domestic water supply facility; cropping; cultivation; field laboratory for rock lobster research; fishing depot, building, repairing and hiring of boats, and petrol service station; fishing station; freezer works and residence; fuel depot; garage and building; garden and parking area; garden and poultry raising; golf links; holiday campsite consisting of residential buildings; hotel; land-based experimental aquaculture; lighthouse; market garden; monumental works; office extension; plant for treatment of mineral bearing earth; pound; radio translator; residence; residence, garden and apiary; rest room; rifle range; road train access and turn around area; sawmill; service station; shore whaling station; siding for delivery of wheat; slaughter yard; stock holding paddock adjoining transport facilities for stock awaiting transportation; stock holding paddock for abattoir; storage; storage of implements and vehicles; storage of manganese ore; storage of ore; taxi rank; timber mill; timber storage; transport depot; trotting racecourse; vehicle parking; weighbridge; woodyard.

           (11)  A lease under subsection 33(3) of the Land Act 1933 that permits the lessee to use the land or waters covered by the lease solely or primarily for any of the following:

aerial landing ground; aged persons' home; bulk grain terminal; church; foreshore amusement park; livestock sales and produce processing; play group facilities; residential purposes; restaurant; rifle range; surf life saving club.

           (12)  A lease under section 116 of the Land Act 1933 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in subsection (3), (5), (8), (12) or (13) of that section.

           (13)  A lease under section 116 of the Land Act 1933 that permits the lessee to use the land or waters covered by the lease solely or primarily for any of the following:

abattoir; accommodation; accommodation and other buildings associated with the cultured pearl industry; aerial landing ground; agriculture; airstrip; airstrip and fishing base; angling clubhouse; aquatic centre; arboretum; auto repair business; automotive metal product fabrication; aviary; base for offshore petroleum operations; bistro-brasserie; boat pen and jetty site; boat shed; bombing range; brick kiln; brickworks; brine catchment ditches; broadcasting and television tower and associated buildings; bulk fuel depot; bulk oil installation; bus depot; cafe; camel farm; camping and caravan park; car club; caravan and chalet park; caravan park; caravan park extension; church; church and church hall; church site; collection in catchment ditches and manufacture of salt; commercial snail farming; commercial tropical agriculture or horticulture; community theatre; company housing and recreation; company housing or accommodation; concrete batching and stockpiling of metal products; concrete batching plant; contractors' accommodation; conveyor belt; crocodile farm; cropping; cropping and grazing; cropping, grazing and private airstrip; cultivation and grazing; cultivation of plants for pharmaceutical purposes; dam; depositing of materials; depot; depot or storage; dwelling; effluent disposal; equestrian centre; explosive storage and manufacture; extension to commercial premises; extension to timber mill; factory; ferry; field laboratory associated with marine research; fire station; fish processing; fishing base; fishing holiday accommodation; garden; garden and tennis court; garden nursery; gas processing plant; gas production facility; general industry and staff accommodation; grain receival depot; grain storage; grazing and agriculture; group housing; hall; hall and place of worship; heated swimming pool; holiday and tourist resort fishing station; homestead and tourist facility; homestead tourist facilities; horse stable; horse yard; hotel; hotel extension; hotel, motel and service station; housing for workforce; hydroponic vegetable garden; industrial purposes; industrial storage; intensive horticulture; jetty; land base associated with pearl oyster hatchery or pearling activities; land base associated with pearling; land base for fishing industry; land-based aquaculture; land-based experimental aquaculture or oyster hatchery; land-based oyster nursery; land-based pearl farming; land-based scallop/oyster farm; landing ground for aircraft; landscape gardening supplies business; light industrial purposes; light industry; lighthouse; lime burning; lime crushing; loading and unloading stock; lobster receival depot; manganese road train assembly area; manse; manufacture and storage of concrete products; manufacture of salt; market garden; market garden and residence; mechanical workshop; meteorological station; mill; motel; motel and service station; motel unit development; motor cross speedway; motorcycle clubhouse; non-irrigated agriculture; noxious industry; office accommodation; office accommodation and storage; office and employee accommodation; oil storage depot; parking; parking and maintenance of vehicles; parking and spraying of machinery; parking and storage; permanent mining camp accommodation; pig farm; pistol club; plant nursery; potato growing; poultry farm; processing of crayfish; production of algae derivatives; professional fisherman's permanent camp accommodation; propagation of wildflowers; pumping station; quarantine station; quay; radio mast; radio station; radio translator site; radio transmitter receiving site; recreational game fishing accommodation and facilities; residence; residence and agriculture; residence and depot; residence and dog kennel; residence and garden; residence and market garden; residence and storage; residence and storage of mining equipment; residence, cropping and grazing; restoration and occupation of historical building; retail shop for coffee and light meals; retail shop for gifts, souvenirs and food; rifle clubhouse; rifle range; road train parking; road transport depot; roadhouse; roadhouse, service station and general store; roadhouse, service station and restaurant; rubbish and effluent disposal; sandblasting; sawmill; school; service station; sewage pond, generator shed and landscaping; sewage treatment pond; shearing team quarters; sheep dips; ship or boat building; showroom and workshop; single person's quarters; slaughterhouse and holding paddock; slaughter yard; small bore pistol clubhouse; souvenir shop; speedway clubhouse and motor racing track; sporting complex; sportsground; stabling of horses; staff accommodation; staff quarters; stock sale yard; stock yard; stockpiling of river sand; storage and display of machinery; storage of cereal grain and bulk storage facility; storage of chemical spraying equipment; storage of machinery; storage yard and depot; store; sugar refinery; tailings dam; tannery; tavern; tea garden; telephone exchange; television station and translator facilities; tourist accommodation and facilities; tourist and travel shop; tourist facility associated with emus; tourist mine; tourist railway; trades hall and offices; transport terminal; tree farming; tropical garden; trotting course; truck depot; warehouse; water storage; water storage and garden; water tank; weather station; weighbridge; wharf; wool shed; workshop vehicle and machinery parking; workshop; workshop and storage of drilling materials; zoo.

           (14)  A lease of town land under section 117 of the Land Act 1933 , other than a lease that:

                     (a)  permits the lessee to use the land or waters covered by the lease solely or primarily for the purpose of a yacht harbour or mine buffer zone; or

                     (b)  both:

                              (i)  permits the lessee to use the land or waters covered by the lease solely or primarily for any of the following:

access; communications; grazing or pastoral purposes; nature trail; pipeline; prawning; quarry; recreation; utilities; water supply;

                                   and

                             (ii)  does not permit the lessee to use the land or waters solely or primarily for agriculture, horticulture, cultivation, or a similar purpose, or solely or primarily for any of the following:

accommodation; amusement park; archery range; basketball court; bowhunting; bowling green; caravan park; car park; cropping; croquet pitch; dam; depot; golf course; industrial purposes; jetty; land-based aquaculture; manufacturing; motorbike track; motor racing track; racecourse; residence; rifle range; shop; skating rink; sports centre; sports club; sports field; sports ground; storage; swimming pool; tennis court; theatre; tree farming.

           (15)  A lease of town land under section 117 of the Land Act 1933 that permits the lessee to use the land or waters covered by the lease solely or primarily for a communications tower, mast or building.

           (16)  A lease under section 117A of the Land Act 1933 that permits the lessee to use the land or waters covered by the lease solely or primarily for the construction and maintenance of a subway or bridge.

           (17)  A lease under Part IV of the Land Act 1933 that permits the lessee to use the land or waters covered by the lease solely or primarily for residential purposes.

35  Other legislation after 1898

             (1)  A lease under the Agricultural Lands Purchase Act 1909 .

             (2)  A miner's homestead lease under Part VIII of the Mining Act 1904 , other than a lease that:

                     (a)  permits the lessee to use the land or waters covered by the lease solely or primarily for grazing or pastoral purposes; and

                     (b)  does not permit the lessee to use the land or waters solely or primarily for agriculture, horticulture, cultivation, or a similar purpose.

             (3)  A lease of a worker's dwelling house under Part V of the State Housing Act 1946-1974 .

             (4)  A perpetual lease under the War Service Land Settlement Scheme Act 1954 .

36   Leases under certain mining-related and other Acts

                   A lease (other than a mineral lease) under the Agreement a copy of which is set out in the Schedule to any of the following Acts:

the Oil Refinery Industry (Kwinana Agreement) Act 1952 ; the Broken Hill Proprietary Company's Integrated Steel Works Agreement Act 1960 ; the Iron Ore (Hamersley Range) Agreement Act 1963 ; the Iron Ore (Hamersley Range) Agreement Act 1963-1968 ; the Iron Ore (Robe River) Agreement Act 1964 ; the Iron Ore (Mount Goldsworthy) Agreement Act 1964 ; the Iron Ore (Mount Newman) Agreement Act 1964 ; the Leslie Solar Salt Industry Agreement Act 1966 ; the Dampier Solar Salt Industry Agreement Act 1967 ; the Evaporites (Lake MacLeod) Agreement Act 1967 ; the Iron Ore (Hamersley Range) Agreement Act Amendment Act 1968 ; the Irrigation (Dunham River) Agreement Act 1968 ; the Nickel Refinery (Western Mining Corporation Limited) Agreement Act 1968 ; the Alumina Refinery (Pinjarra) Agreement Act 1969 ; the Nickel Refinery (Western Mining Corporation Limited) Agreement Act Amendment Act 1970 ; the Poseidon Nickel Agreement Act 1971 ; the Iron Ore (Goldsworthy-Nimingarra) Agreement Act 1972 ; the Iron Ore (McCamey's Monster) Agreement Authorization Act 1972 ; the Iron Ore (Mount Bruce) Agreement Act 1972 ; the Alumina Refinery (Worsley) Agreement Act 1973 ; the Nickel (Agnew) Agreement Act 1974 ; the Mineral Sands (Eneabba) Agreement Act 1975 ; the Alumina Refinery (Wagerup) Agreement and Acts Amendment Act 1978 ; the Collie Coal (Griffin) Agreement Act 1979 ; the Collie Coal (Western Collieries) Agreement Act 1979 ; the North West Gas Development (Woodside) Agreement Act 1979 ; the Diamond (Argyle Diamond Mines) Agreement Act 1981 ; the Shark Bay Solar Salt Industry Agreement Act 1983 ; the Camballin Farms (AIL Holdings Pty Ltd) Agreement Act 1985 ; the Western Mining Limited (Throssell Range) Agreement Act 1985 ; the Iron Ore (Channar Joint Venture) Agreement Act 1987 ; the Iron Ore (Marillana Creek) Agreement Act 1991 ;

that permits the lessee to use the land or waters covered by the lease solely or primarily for any of the following:

accommodation for employees and visitors; aerial landing ground; agriculture; airport; airstrip; ballast stockpile; ballast stockpile site; berthing and loading facilities and stockpiling salt; bulk handling and shipping terminal; bulk handling facilities; bulk loading facilities; camp comprising residential buildings; causeway; caustic soda farm; caustic soda train loader and pumping station; chalet; collection in catchment ditches and manufacture of salt; commissioning and operating of pilot plant for metallurgical research purposes; communications tower; communications tower and associated buildings; construction and maintenance of worker accommodation; construction and operation of branch lines and marshalling yard; construction and operation of railway; construction and use of causeway; contractor's accommodation; contractor's laydown area; dam site; dog pound; domestic television transmitter site; employee housing; extension to townsite for residential accommodation; heavy industry; heliport; housing; industrial area; industrial purposes; industrial site and associated facilities, installations and works; industrial stockpiling; irrigated agriculture; jetty with berthing and loading facilities; loading and stockpiling; maintenance and construction of workers' accommodation; market garden; marshalling yard; materials offloading facility; mine service area comprising contractor accommodation; offloading construction materials; permanent construction camp accommodation for employees; permanent mining camp accommodation; permanent railway construction camp accommodation; permanent way store; plant nursery; plant site area; port industrial area; power station cooling water intake system; produce loading jetty; production plant; pumping installation and reservoir; radio repeater station site; railway; railway and ancillary installations, works and facilities; railway shunting; railway shunting and marshalling; railway spur line; red mud pond; refinery, power station, water storage and buffer zone; residential purposes; sewage disposal site; sewage treatment plant and radio and television transmitter tower; ship loading; shunting lines; stockpile area; stockpile site; stockpile site and shiploading facilities; stockpiling site for railway ballast; storage and maintenance of quarry equipment; storage of railway equipment; supply base; supply base and laydown area; tailing area; transmission mast; treatment plant; treatment plant and administration building; waste disposal site; waste material dump; water tank; wharf; workers' construction camp accommodation; workforce housing and welfare services; yard or site for ship-building, boat-building, storing of timber, coal, merchandise, goods or other property, or for the erection of a workshop or foundry.

Part 5 -- South Australia

   

37   Perpetual leases and leases for a term of years

             (1)  A perpetual lease, or a lease for a term of years, of a working man's block, or a homestead block, (other than a lease of land or waters forming the whole or part of an Aboriginal reserve) under Part XI of the Crown Lands Consolidation Act 1886 , Part VII of the Crown Lands Act 1888 , Part IX of the Crown Lands Act 1903 , Part IX of the Crown Lands Act 1915 or Part IX of the Crown Lands Act 1929 .

             (2)  A perpetual lease under the Crown Lands Act 1888 , the Crown Lands Amendment Act 1893 , the Closer Settlement Act 1897 , the Crown Lands, Closer Settlement, and Blockholders' Loans Amendment Act 1901 , the Crown Lands Act 1903 , the Crown Lands Act 1915 , the Returned Soldiers Settlement Act 1915 , the Discharged Soldiers Settlement Act 1917 , the Agricultural Graduates Land Settlement Act 1922 , the Discharged Soldiers Settlement Act 1934 , Part V or section 66A or 199 of the Crown Lands Act 1929 , the Marginal Lands Act 1940 , the Crown Lands Development Act 1943-1973 or the Agreement a copy of which is set out in the Schedule to the War Service Land Settlement Agreement Act 1945 , other than a lease that:

                     (a)  permits the lessee to use the land or waters covered by the lease solely or primarily for grazing or pastoral purposes; and

                     (b)  does not permit the lessee to use the land or waters solely or primarily for agriculture, horticulture, cultivation, or a similar purpose.

             (3)  A perpetual lease under section 8 of the Broken Hill Proprietary Company Limited's Hummock Hill to Iron Knob Tramways and Jetties Act 1900 or section 5 of the Hummock Hill to Iron Knob Tramway Extension Act 1927 .

             (4)  A perpetual lease of a block of horticultural or commonage land under Part IV of the Village Settlements Act 1901 , Part VIII of the Crown Lands Act 1915 , the Lyrup Village Association (District Extension) Act 1921 or Part VIII of the Crown Lands Act 1929 .

             (5)  A perpetual lease, or a lease for a term of years, of a block within an irrigation area under the Irrigation and Reclaimed Lands Act 1908 , the Irrigation and Reclaimed Lands Act 1914 , the Irrigation Act 1922 or the Irrigation (Land Tenure) Act 1930 .

             (6)  A lease for a term of years under the Returned Soldiers Settlement Act 1915 , the Discharged Soldiers Settlement Act 1917 or the Discharged Soldiers Settlement Act 1934 , other than a lease that:

                     (a)  permits the lessee to use the land or waters covered by the lease solely or primarily for grazing or pastoral purposes; and

                     (b)  does not permit the lessee to use the land or waters solely or primarily for agriculture, horticulture, cultivation, or a similar purpose.

             (7)  A perpetual lease, or a lease for a term of years, of a town allotment within an irrigation area under the Irrigation Act 1922 or the Irrigation (Land Tenure) Act 1930 .

38   Miscellaneous leases

             (1)  A miscellaneous lease (other than a lease of land or waters forming the whole or part of an Aboriginal reserve) under section 1 of the Miscellaneous Leases Act 1872 , section 92 of the Crown Lands Consolidation Act (No. 86, 1877), section 159 of the Crown Lands Consolidation Act 1886 , section 118 of the Crown Lands Act 1888 , section 11 of the Closer Settlement Act 1897 , section 11 of the Closer Settlement Act 1902 , section 80 or 126 of the Crown Lands Act 1903 , section 24 of the Irrigation and Reclaimed Lands Act 1908 , section 26 of the Irrigation and Reclaimed Lands Act 1914 , section 83 or 128 of the Crown Lands Act 1915 , section 48 of the Irrigation Act 1922 , section 77 or 182 of the Crown Lands Act 1929 or section 27 or 44 of the Irrigation (Land Tenure) Act 1930 that permits the lessee to use the land or waters covered by the lease solely or primarily for any of the following:

accommodation; aerodrome; agriculture; airstrip and living quarters; amusement centre; bakery; bathing-house; boat building or repairing; boat hire depot; boat landing; boatshed; brick or lime kiln; bridge; building; building for business purposes; building for the use of charitable or community service organisations; bulk fuel agency; bulk fuel agency, transport depot and residence; camel holding for tourists; car park; caravan and camping park; caravan park; cereal growing; church; clubhouse; communications tower; cooling pond and pump house; deposit of materials or produce; drive-in theatre; factory; fellmongering establishment; firearms shooting; fishermen's residences and drying ground; Girl Guide accommodation cabin; Girl Guide hall; golf club; government building; grazing and cultivation; grazing, cultivation and nursery; hall; holiday accommodation; holiday home; horse training; horticulture; hostel; houseboat marina; houseboat mooring and car parking; industrial purposes; inn; irrigated forest and disposal of winery effluent and waste water; jetty; kindergarten; land-based aquaculture and grazing; land-based aquaculture development; land-based fish farming; land-based oyster cultivation; legal chambers; life saving club; light industrial development; lodge; mail station; manse; manufactory; manufacture of salt; manufacturing; marine research facility; motel; motorcycle track; nursery; operating and maintaining a tramway; paper-mill; parking; parking, effluent disposal, water storage and power house; piggery; pine plantation; plant for ore reduction, manufacture of sulphuric acid and chemical manure; pony club; poultry farming; preservation of historic building; punt house; quay; radio tower; railway; railway station and jetty; residence; residence and kiosk; residence and storage depot; restaurant and kiosk; retail shop; retirement village; rifle range; road house, petrol reselling, motel and caravan park; rubbish dump; salt evaporation pond; sawmill; school or other educational institution; Scout accommodation cabin; Scout hall; shack site; ship building or repairing; showground; site for the depositing of materials or produce; site for wharf, quay, jetty; slaughterhouse; slaughterhouse and agriculture; slaughterhouse and associated yard; smelting works; smithy; sporting car club; sporting club; sporting ground; staff accommodation; stock sale yard; storage; storage and loading facilities; store; tannery; theatre; timber plantation, sawmill and timber processing; toilet block; toll house; tourist accommodation and facilities; tourist facilities; tourist information centre; tourist mine; tramway; transport depot; vegetable and fodder growing and grazing; vegetable growing; vegetable growing, fodder production and pig raising; water ski club; weather station; weighbridge; wharf; working men's club; working men's homestead block; worm-growing; wrecking yard and garage; youth cabin accommodation.

             (2)  A miscellaneous lease (other than a lease of land or waters forming the whole or part of an Aboriginal reserve) under section 92 of the Crown Lands Consolidation Act (No. 86, 1877) that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in subsection III, V, VIII or IX of that section or subsection II or III of section 94 of that Act.

             (3)  A miscellaneous lease (other than a lease of land or waters forming the whole or part of an Aboriginal reserve) under section 159 of the Crown Lands Consolidation Act 1886 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in subsection III, V, VIII or IX of that section or subsection II or III of section 162 of that Act.

             (4)  A miscellaneous lease (other than a lease of land or waters forming the whole or part of an Aboriginal reserve) under section 118 of the Crown Lands Act 1888 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in subsection III, V, VIII or IX of that section or subsection I or II of section 123 of that Act.

             (5)  A miscellaneous lease (other than a lease of land or waters forming the whole or part of an Aboriginal reserve) under section 80 of the Crown Lands Act 1903 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in subsection III, V or VII of that section or paragraph II(a) or (b) of section 203 of that Act.

             (6)  A miscellaneous lease (other than a lease of land or waters forming the whole or part of an Aboriginal reserve) under section 83 of the Crown Lands Act 1915 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in subsection III, V or VII of that section or paragraph II(a) or (b) of section 245 of that Act.

             (7)  A miscellaneous lease (other than a lease of land or waters forming the whole or part of an Aboriginal reserve) under section 77 of the Crown Lands Act 1929 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in paragraph (1)III, IV, V or VII of that section or paragraph II(a) or (b) of section 244 of that Act.

             (8)  A miscellaneous lease under section 78B of the Crown Lands Act 1929 that permits the lessee to develop or use the land or waters covered by the lease solely or primarily for the purpose of holiday accommodation or a shack site.

39   Other interests

             (1)  A lease with a right of purchase under the Scrub Lands Act 1866 , the Scrub Lands Act Amendment Act 1867 , the Scrub Lands Act Extension Act 1870-71 , section 58 of the Crown Lands Consolidation Act (No. 86, 1877), section 20 of the Crown Lands Amendment Act 1882 , Part II of the Agricultural Crown Lands Amendment Act 1884 , Part II of the Crown Lands Consolidation Act 1886 , Part III of the Crown Lands Amendment Act 1887 or Part II of the Crown Lands Act 1888 .

             (2)  A credit agreement, or an agreement of sale and purchase on credit, under the Waste Lands Amendment Act 1868-9 , the Waste Lands Alienation Act 1872 , the Crown Lands Consolidation Act (No. 86, 1877), the Crown Lands Amendment Act 1880 , the Crown Lands Amendment Act 1881 , the Crown Lands Amendment Act 1882 , the Agricultural Crown Lands Amendment Act 1884 or the Crown Lands Consolidation Act 1886 .

             (3)  A lease with a right of purchase under section 39 of the Waste Lands Alienation Act 1872 or Part III (other than section 58) of the Crown Lands Consolidation Act (No. 86, 1877) that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes of agriculture or cultivation .

             (4)  A selector's lease under Part III of the Agricultural Crown Lands Amendment Act 1884 or Part III of the Crown Lands Consolidation Act 1886 .

             (5)  A lease (other than a lease of land or waters forming the whole or part of an Aboriginal reserve) under section 29 of the Crown Lands Amendment Act 1885 .

             (6)  A grazing and cultivation lease, or a lease of grazing and cultivation lands, under Part II of the Crown Lands Consolidation Act 1886 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes of agriculture or cultivation.

             (7)  A lease with a right of purchase under the Crown Lands Act 1888 or the Crown Lands Amendment Act 1893 , other than a lease that:

                     (a)  permits the lessee to use the land or waters covered by the lease solely or primarily for grazing or pastoral purposes; and

                     (b)  does not permit the lessee to use the land or waters solely or primarily for agriculture, horticulture, cultivation, or a similar purpose.

             (8)  A villager's lease under section 80 of the Crown Lands Amendment Act 1893 .

             (9)  An agreement under Part IX of the Crown Lands Act 1903 .

           (10)  A lease under clause 11 of the Indenture a copy of which is set out in the Schedule to the Broken Hill Proprietary Company's Indenture Act 1937 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purpose of constructing or extending a tramway.

           (11)  A lease under section 35 of the National Parks and Wildlife Act 1972 that permits the lessee to develop or use the land or waters covered by the lease solely or primarily for any of the following:

airstrip; archery clubhouse and archery range; cabin accommodation; canoe clubhouse; caravan park; cottage accommodation for residents, visitors or guests; employee accommodation in huts or other buildings; field station cabin accommodation; fish factory; garden; golf course; golf driving range; grazing and cropping; gymnasium; holiday house; horse and pony riding club; indoor health centre; jetty; kiosk and restaurant; lighthouse; model aircraft flying clubhouse; occupation and maintenance of historic or heritage building; optical fibre repeater building and solar panel; pistol club and shooting range; radio tower; radio/telephone tower and building; research centre; research station; residential accommodation; Scout or Guide hall; shack accommodation; storage of mining equipment; storage, take-off and landing of aircraft; tennis court; tourist accommodation; tourist accommodation, camping facilities, food and fuel outlet and licensed premises; youth hostel.

Part 6 -- Tasmania

   

40   Crown Lands Acts

             (1)  A lease under section 81 or 82 of the Crown Lands Act 1890 .

             (2)  A lease under section 24 of the Crown Lands Act 1890 , section 24 of the Crown Lands Act 1903 or section 11 of the Crown Lands Act 1911 that permits the lessee to use the land or waters covered by the lease solely or primarily for any of the following:

children's playground; cycling track; dam or weir; fire station; golf club; hospital; monument; public hall; public pound; showground; sports ground; town hall; war memorial; wharf.

             (3)  A lease under subsection 128(1) or section 129 of the Crown Lands Act 1903 .

             (4)  A lease under subsection 128(2) of the Crown Lands Act 1903 , subsection 108(2) of the Crown Lands Act 1911 or subsection 77(4) of the Crown Lands Act 1935 that permits the lessee to use the land or waters covered by the lease solely or primarily for any of the following:

bowling green; cool store; council works depot; erecting or working any manufactory, mill or other such work; fish hatchery; fuel depot; golf club; grain elevator; Hydro-Electric Commission substation; hotel; jetty; land-based aquaculture; marina; petrol depot; port facilities; refuse area; rowing club clubhouse; Scout accommodation; senior citizens' club; sewerage plant; ship building; showground; slipway; tennis court; water pumping station; wharf; yacht club.

             (5)  A lease under subsection 108(1) or section 109 of the Crown Lands Act 1911 .

             (6)  A building lease under the Crown Lands Act 1935 .

             (7)  A lease under subsection 7(2) of the Crown Lands Act 1935 that permits the lessee to use the land or waters covered by the lease solely or primarily for any of the following:

aged persons' home; ambulance centre; aqueduct; bridge; club; communications tower, mast or building; community care institution; construction of a drain; construction of a water course; construction of an irrigation canal; crematorium; dam; fire station; hall; hospital; landing-place; library; literary or scientific institution; museum; quay; reservoir; sports club; sports facilities; sports ground; theatre; trigonometrical station; wharf.

             (8)  A lease under section 23 of the Crown Lands Act 1935 that permits the lessee to use the land or waters covered by the lease solely or primarily for any of the following:

air force base; army base; army depot; bombing range; naval base; rifle range.

             (9)  A lease under subsection 77(1) or section 78 of the Crown Lands Act 1935 .

           (10)  A lease under section 29 of the Crown Lands Act 1976 that permits the lessee to use the land or waters covered by the lease solely or primarily for the any of the following:

agriculture; dairying; erection of residential building; growing of trees for commercial or industrial purposes; horticulture; industrial purposes; piggery; poultry farm; viticulture.

41   Closer Settlement Act 1929

                   A lease under Part V of the Closer Settlement Act 1929 , other than:

                     (a)  a lease under section 41 or 42 of that Act; or

                     (b)  a lease that:

                              (i)  permits the lessee to use the land or waters covered by the lease solely or primarily for grazing or pastoral purposes; and

                             (ii)  does not permit the lessee to use the land or waters solely or primarily for agriculture, horticulture, cultivation, or a similar purpose.

Part 7 -- Northern Territory

   

42   Town leases etc.

             (1)  A lease of town land under Division 4 of Part III of the Crown Lands Ordinance 1912 (No. 3 of 1912) of the Commonwealth, Division 4 of Part III of the Crown Lands Ordinance 1912 (No. 8 of 1912) of the Commonwealth, Division 4 of Part III of the Crown Lands Ordinance 1924 of the Commonwealth, Division 4 of Part III of the Crown Lands Ordinance 1927 (Territory of North Australia) of the Commonwealth, Division 4 of Part III of the Crown Lands Ordinance 1927 (Territory of Central Australia) of the Commonwealth or section 25CF, 74A or 74D or Division 4 of Part III of the Crown Lands Act 1931-1991 of the Northern Territory, other than a lease that:

                     (a)  permits the lessee to use the land or waters covered by the lease solely or primarily for a harbour; or

                     (b)  both:

                              (i)  permits the lessee to use the land or waters covered by the lease solely or primarily for grazing or pastoral purposes; and

                             (ii)  does not permit the lessee to use the land or waters solely or primarily for agriculture, horticulture, cultivation, or a similar purpose.

             (2)  A town land subdivision lease under Division 6 of Part III of the Crown Lands Act 1931-1991 of the Northern Territory.

43   Agricultural leases etc.

             (1)  A lease of agricultural land, or an agricultural lease, under Division 3 of Part III of the Crown Lands Ordinance 1912 (No. 3 of 1912) of the Commonwealth, Division 3 of Part III of the Crown Lands Ordinance 1912 (No. 8 of 1912) of the Commonwealth, Division 3 of Part III of the Crown Lands Ordinance 1924 of the Commonwealth, Division 3 of Part III of the Crown Lands Ordinance 1927 (Territory of North Australia) of the Commonwealth, Division 3 of Part III of the Crown Lands Ordinance 1927 (Territory of Central Australia) of the Commonwealth, section 25CG, 25DAA, 74A or 74D or Division 3 of Part III of the Crown Lands Act 1931-1991 of the Northern Territory or section 14 of the Agricultural Development Leases Ordinance 1956 of the Commonwealth, or under the Agreement a copy of which is set out in the Schedule to the Rice Development Agreement Ordinance 1956 of the Commonwealth, other than:

                     (a)  an agricultural (mixed farming and grazing) lease; or

                     (b)  a lease that:

                              (i)  permits the lessee to use the land or waters covered by the lease solely or primarily for grazing or pastoral purposes; and

                             (ii)  does not permit the lessee to use the land or waters solely or primarily for agriculture, horticulture, cultivation, or a similar purpose.

             (2)  An agricultural lease of an experimental farm under section 16A of the Crown Lands Act 1931-1991 of the Northern Territory, other than a lease that:

                     (a)  permits the lessee to use the land or waters covered by the lease solely or primarily for grazing or pastoral purposes; and

                     (b)  does not permit the lessee to use the land or waters solely or primarily for agriculture, horticulture, cultivation, or a similar purpose.

             (3)  An agricultural development lease under the Agricultural Development Leases Ordinance 1956 of the Commonwealth or under the Agreement a copy of which is set out in the Schedule to the Rice Development Agreement Ordinance 1956 of the Commonwealth, other than:

                     (a)  an agricultural (mixed farming and grazing) lease; or

                     (b)  a lease that:

                              (i)  permits the lessee to use the land or waters covered by the lease solely or primarily for grazing or pastoral purposes; and

                             (ii)  does not permit the lessee to use the land or waters solely or primarily for agriculture, horticulture, cultivation, or a similar purpose.

44   Leases for special purposes etc.

             (1)  A lease for special purposes, or a special purposes lease, under section 83 of the Northern Territory Land Act 1872 of South Australia, section 79 of the Northern Territory Crown Lands Consolidation Act 1882 of South Australia, section 77 or 78 of the Northern Territory Crown Lands Act 1890 of South Australia or section 4 of the Special Purposes Leases Act of the Northern Territory that permits the lessee to use the land or waters covered by the lease solely or primarily for any of the following:

abattoir; Aboriginal hostel; accommodation; aerodrome; aged home; aged persons' flats; agricultural farm and garden; agriculture and mixed farming; airstrip; ambulance headquarters; ambulance station; amphitheatre; animal husbandry centre; animal shelter; archery club; archery range; art gallery; aviary; bakery; banana plantation; barge landing; barge terminal; basketball club; basketball court; bathing house; benevolent social work centre; blood centre and meeting rooms; blood transfusion centre; board headquarters; boatyard; botanic gardens; bowhunting club; bowhunting range; bowling club; bowling green; brick factory; brick yard; building or repairing boats; bulk cargo wharf; butcher; cafe; cannery; canteen; car parking; caravan park; caravan park and camping ground; cargo handling; cargo storage; carparking; cattle holding yard; centre for the spiritual and social welfare of children; child care; child minding centre; children's home; children's hostel; church; church hall; church manse; church rectory; cinema; civic centre; clinic; club building; club house; club room; college; community creche; community hall; community storage; community welfare centre; company headquarters; convent; convention centre; cooperative society; court house; craft complex; creche; crematorium; cricket club; cricket ground; croquet club; croquet pitch; dairy; depositing materials or produce; disposal of red mud; drive-in theatre; dry cleaners; educational institution; elderly persons' home; engineering workshop; equestrian club; equestrian field; erection of a wharf, berth, storehouse or slip for building or repairing ships and other vessels; explosive storage; factory; feed lot yard; ferry terminal; fish processing; food processing; football club; football ground; funeral home; game fishing club; game safari base; garage; gas storage facility; general store; Girl Guide accommodation cabin; Girl Guide hall; gliding club; golf club; golf course; greyhound racing; greyhound track; guest house; Guide hall; gun club; hall; headquarters of Australian Red Cross; hockey club; hockey pitch; holiday accommodation and facilities; holiday cabin; horse and pony club; horse stable; horse yard; horticulture; hostel; hotel; hotel/motel; housing units; industrial area; industrial purposes; inflammable materials storage; inn; institute of linguistics; jetty; kennel; kiln; landscaping supply depot; leadership centre; library; light industry; lime works; lodge hall; lodge room; lodge temple; mail station; manufacture of stockfood; marina; marina workshop; Masonic hall; meat packaging; meatwork effluent disposal; meatworks; meeting room; motel; motocross circuit; motorcycle racing; motor racing circuit; motor sports; municipal depot; museum; museum and art gallery; netball club; netball court; nursery; office; office of the Northern Territory Electricity Commission; on-shore tour boat base; on-shore trawler base; ore stockpile; orphanage; patrol headquarters; pearl culture land base; pearling depot; permanent construction camp accommodation; petrol depot; petrol station; pistol club; pistol range; police station; police youth club; polocrosse club; polocrosse field; pony club; pony field; post office; poultry farm; pound; power station; pre-school; preservation and protection of artillery museum; preservation and restoration of well site; private sport site; private sports club; public swimming pool; punt house; quay; racecourse; racing club; radio communications building; radio communications tower; radio receiver station; radio transmitter; rail line; railway spurline; religious centre; research centre; research institute; residence; residential purposes; rest rooms; restaurant; retail store; rice growing; rifle club; rifle range; road house; road transport depot; rural residence; Salvation Army centre; sawmill; sawmilling depot; school; scientific research centre; Scout hall; seafarers' centre; seed processing plant; service station; sewage treatment; sheltered workshop; ship's chandlery; ship maintenance facility; shooting range; shore base for oyster cultivation; show ground; showroom; slaughter yard; slipway; speedway; sporting arena; sporting oval; sports club; sports complex; sports field, pitch, stadium or oval; sports ground; sports training ground; stockpiling and loading ore; storage; storage depot; storage of boats; store; studio; surgery; swimming club; swimming pool; television studio; tennis club; tennis court; theatre; toll house; tour base; tourist accommodation; tourist lodge; tourist theme park or facility; training centre; transport depot; warehouse; water treatment plant; watersports; wayside cafe; wayside inn; welfare centre; wharf; wholesale outlet; windmill; windmill servicing depot; wireless aerial site; workshop; youth services centre; zoo.

             (2)  A special purposes lease under section 6 of the Mining (Gove Peninsula Nabalco Agreement) Act of the Northern Territory or subclause 4(2) of the Agreement a copy of which is set out in the Schedule to that Act that permits the lessee to use the land or waters covered by the leases solely or primarily for any of the following:

bulk cargo wharf; disposing of red mud and other effluents; general cargo wharf; industrial purposes; intake and discharge canal associated with plant cooling system; permanent construction camp accommodation; plant cooling system; sewage treatment plant; water reticulation plant.

45   Miscellaneous leases

             (1)  A miscellaneous lease under Division 5 of Part III of the Crown Lands Ordinance 1912 (No. 3 of 1912) of the Commonwealth, Division 5 of Part III of the Crown Lands Ordinance 1912 (No. 8 of 1912) of the Commonwealth, Division 5 of Part III of the Crown Lands Ordinance 1924 of the Commonwealth, Division 5 of Part III of the Crown Lands Ordinance 1927 (Territory of North Australia) of the Commonwealth, Division 5 of Part III of the Crown Lands Ordinance 1927 (Territory of Central Australia) of the Commonwealth or section 25DAA, 74D or 74E or Division 5 of Part III of the Crown Lands Act 1931-1991 of the Northern Territory that permits the lessee to use the land or waters covered by the lease solely or primarily for any of the following:

abattoir; Aboriginal hostel; accommodation; agricultural and mixed farming; agricultural farm and garden; agriculture; airstrip; amphitheatre; amusement hall; animal husbandry centre; archery club; archery range; art gallery; aviary; bakery; banana plantation; basketball club; basketball court; board and lodging house; board headquarters; boatbuilding; boatyard; bowhunting club; bowhunting range; bowling club; bowling green; brewery; brick factory; brick yard; brickmaking; Buffalo temple site; building or repairing boats; butchering; cafe; cannery; cargo storage; cinema; club; club house; club room; convalescent home; convent; convention centre; cotton farming; court house; crematorium; cricket club; cricket ground; croquet club; croquet pitch; cultivation; curing and storage of buffalo hides; dairy; depot; drive-in theatre; dry cleaners; dwelling house; engineering workshop; equestrian club; equestrian field; factory; feed lot yard; ferry terminal; fishing depot; flower seed plantation; football club; football ground; fruit growing; funeral home; game fishing club; game safari base; garage; garden; gas storage facility; general store; golf club; golf course; goods shed; guest house; hangar; hay production; hay shed; hockey club; hockey pitch; holding ground for cattle slaughtering; holiday accommodation and facilities; homestead; horse stable; horse yard; hostel; hotel; hotel store; industrial purposes; irrigation farming; kennel; kiln; kindergarten; landscaping supply depot; laundry; library; lodge room; market garden; motocross circuit; motor racing circuit; netball club; netball court; office; old men's home; on-shore tour boat base; orchard; orchid garden; pasture seed plantation; permanent construction camp accommodation petrol depot; pig yard; piggery; pistol club; pistol range; plant nursery; plantation; polocrosse club; polocrosse field; pony club; pony field; poultry farm; pound; power station; racecourse; radio communications building; radio communications tower; radio transmission tower; rail line; recreation centre for women; religious centre; repair shop; research centre; residence; rice growing; rifle club; rifle range; rural residence; sawmilling; seafarers' centre; service station; ship's chandlery; ship maintenance facility; shop; showroom; slaughter yard; slipway; sports club; sports complex; sports field, pitch, stadium or oval; sports ground; stockyard; storage of boats; store; studio; surgery; swimming club; swimming pool; tank sinking plant; tannery; tennis club; tennis court; theatre; tour base; tourist camel farm; tourist theme park or facility; transport depot; tree farming; tropical agriculture; vineyard; viticulture; warehouse; water treatment plant; welfare centre; wholesale outlet; wireless station; wood yard; wool scouring; workshop.

             (2)  A miscellaneous lease of garden land under section 73A of the Crown Lands Ordinance 1924 of the Commonwealth, section 69 of the Crown Lands Ordinance 1927 (Territory of North Australia) of the Commonwealth, section 69 of the Crown Lands Ordinance 1927 (Territory of Central Australia) of the Commonwealth or section 70 of the Crown Lands Act 1931-1991 of the Northern Territory.

46   Other leases

             (1)  A lease under section 30 or 81 of the Northern Territory Land Act 1872 of South Australia.

             (2)  A lease under section 30 or 77 of the Northern Territory Crown Lands Consolidation Act 1882 of South Australia.

             (3)  A lease under Part II of the Northern Territory Crown Lands Act 1890 of South Australia.

             (4)  A lease under section 54 of the Northern Territory Crown Lands Act 1890 of South Australia.

             (5)  A lease under section 78 of the Northern Territory Crown Lands Act 1890 of South Australia that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in subsection III, V, VIII, IX or X of that section or subsection II or III of section 81 of that Act.

             (6)  A lease under section 6A of the Crown Lands Act 1931-1991 of the Northern Territory.

             (7)  A lease under paragraph 23(b) or 23(c) of the Crown Lands Act 1931-1991 of the Northern Territory, or a Crown lease under paragraph 26(a) or (b) of the Crown Lands Act of the Northern Territory, that permits the lessee to use the land or waters covered by the lease solely or primarily for any of the following purposes:

aerial sports academy; agricultural and mixed farming; agricultural development and marketing; agricultural farm and garden; agriculture; aircraft landing strip; airstrip; ambulance headquarters; amphitheatre; animal husbandry centre; aquatic entertainment centre; archery club; archery complex; archery range; art gallery; ash disposal pond; aviary; aviation; aviation historical society; banana plantation; basketball club; basketball court; beacon site; bitumen plant; boat landing facility; boatyard; bombing range; bowhunting club; bowhunting range; bowling club; bowling green; brick factory; brick yard; building or repairing boats; bus depot; bus terminal; cannery; car park; car repair shop; car sales yard; car storage and parking; caravan park; cargo storage; cashew production; cement plant; cereal crops; child care centre; children's playground; church; church hall; cinema; club; club hall; club room; clubhouse; coach terminal; college; commercial building development; commercial cropping; commercial property subdivision; community centre; community hall; community storage; compressor station; convention centre; council complex; council depot; council office; council works yard; court house; creche; crematorium; cricket club; cricket ground; crocodile research facility; cropping; crops; croquet club; croquet pitch; crushing plant; cultivation; cultural centre; Country Women's Association rest rooms; dairy; dam; day care centre; depot; development of tourist accommodation and facilities; disposal of dangerous goods; dog breeding; dressage-safe riding area; drive-in theatre; dry cleaners; dump; effluent disposal; equestrian centre; equestrian club; equestrian field; factory; feed hay agriculture; feed lot yard; fire station; fodder mill; football club; football ground; freight storage; fuel depot; funeral home; funeral parlour; game fishing club; game safari base; gaol; garbage dump; gas storage facility; Girl Guides cabin accommodation; Girl Guides hall; golf club; golf course; guest house; Guide hall; hall; hay production; hazardous industrial development; headquarters; health centre; health clinic; helicopter base; herb farm; Hindu temple; historic railway; hockey club; hockey pitch; holiday accommodation and facilities; homestead; horse and pony club; horse stable; horse yard; horticulture; hospital; hostel; hotel; indoor recreation; industrial development; industrial development on waterfront; industrial purposes; industrial subdivision; inn; Islamic centre; kennel; kiln; laboratory; land-based aquaculture; land-based commercial prawn farm; land-based fish culture; landscaping supply depot; library; lodge room; mango farm; manufacturing; marina; market gardening; medical centre; meeting room; motel; motor racing circuit; motor sports; motorcross circuit or track; municipal depot; museum; netball club; netball court; nursery; nursing home; office; on-shore fishing base; on-shore houseboat base; on-shore tour boat base; optical fibre regenerator site; orchard; orchid nursery; oval; permanent construction camp accommodation; pharmacy; picture theatre; pistol club; pistol range; polocrosse club; polocrosse field; pony club; pony field; port-related industry; post office; pound; private sports club; protection of heritage building; public car park; racecourse; racing club; radio broadcast aerial station; radio repeater; radio tower; radio transmission tower; railway; rail line; Red Cross centre; refuse tip; research centre; residential development; residential purposes; residential subdivision; resource centre; restaurant; restoration of police station; retail shop; retirement village; rice growing; rifle club; rifle range; roadhouse; rural residence; sailing club; satellite receiving station; school; scientific research centre; Scout hall; seafarers' centre; seed production; senior citizens' centre; service station; sheltered workshop; ship's chandlery; ship maintenance facility; shop; shopping complex; showground; showroom; silviculture; slipway; social club; solid waste disposal facility; sports club; sports complex; sports field, pitch, stadium or oval; sports ground; sports training ground; stable; stock fodder production; stockyard; storage; storage of boats; studio; supermarket; surf life saving club; surgery; swimming club; swimming pool; table grape growing; tavern; temple; tennis club; tennis court; theatre; timber mill; tour base; tourist camel farm; tourist facilities; tourist information centre; tourist lodge; tourist theme park or facility; tower construction; transport depot; transport terminal; trucking yard; units for aged persons; university; vegetable production; vehicle sales yard; vehicle storage; warehouse; water retention basin; water treatment plant; wayside inn; weather station; wharf; wholesale outlet; women's refuge; workshop; yacht association; yacht club; youth centre; youth club; zoo.

             (8)  A lease under section 68A, 68B, 68C, 68D, 68E, 68F, 68G or 68H of the Crown Lands Act 1931-1991 of the Northern Territory.

             (9)  A lease under section 112A of the Crown Lands Act 1931-1991 of the Northern Territory.

           (10)  A lease under section 2 of the Darwin Leases (Special Purposes) Ordinance 1946 of the Commonwealth or section 3 of the Darwin Short Term Leases Ordinance 1946 of the Commonwealth.

           (11)  A lease under section 3 of the Church Lands Leases Ordinance 1947 of the Commonwealth.

           (12)  A lease under section 4 or 29A of the Darwin Town Area Leases Act 1947-1979 of the Northern Territory .

           (13)  A lease under section 16A, 16AA, 16B, 16C or 16D of the Darwin Town Area Leases Act 1947-1979 of the Northern Territory.

           (14)  A lease under section 5 of the Crown Lands Act of the Northern Territory.




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