New South Wales Consolidated Acts

CONVEYANCING ACT 1919 - SECT 151C

151C Management of land during minority

(1) If and as long as any person who is entitled to a beneficial interest in possession affecting land is a minor, the trustees appointed for this purpose by the settlement, or if there are none so appointed, then the trustees of the settlement, unless the settlement or the order of the court whereby they or their predecessors in office were appointed to be such trustees expressly provides to the contrary, or if there are none, then any persons appointed as trustees for this purpose by the court on the application of a guardian or next friend of the minor may enter into and continue in possession of the land on behalf of the minor, and in every such case the subsequent provisions of this section shall apply.

(2) The trustees shall manage or superintend the management of the land, with full power--

(a) to fell timber from time to time in the usual course for sale, or for repairs or otherwise, and

(b) to erect, alter, pull down, rebuild, and repair houses, and other buildings, dams, fences, and other erections, and

(c) to continue the working of mines, minerals, and quarries which have usually been worked, and

(d) to drain or otherwise improve the land or any part thereof, and

(e) to insure against any insurable risk, and

(f) to grant leases for any term not exceeding three years, and

(g) to make allowances to and arrangements with tenants and others, and

(h) to determine tenancies, and to accept surrenders of leases and tenancies, and

(i) generally to deal with the land in a proper and due course of management,

but so that, where the minor is impeachable for waste, the trustees shall not commit waste, and shall cut timber on the same terms only, and subject to the same restrictions, on and subject to which the minor could, if of the age of eighteen years or upwards, cut the same.

(3) The trustees may from time to time, out of the income of the land, including the produce of the sale of timber, pay the expenses (including any commission to which they are entitled) incurred in the management or in the exercise of any power conferred by this section or otherwise in relation to the land, and all outgoings not payable by any tenant or other person, and shall keep down any annual sum and the interest of any principal sum charged on the land.

(4) This section applies only if and as far as a contrary intention is not expressed in the instrument, if any, under which the interest of the minor arises, and has effect subject to the terms of that instrument and to the provisions therein contained.