NSW Government
Crown Lands

White Cliffs perpetual Western lands leases

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We are offering White Cliffs dugout tenure holders perpetual (permanent) Western land leases. These leases provide permanent security for White Cliffs dugout residents and coexist with native title. The new tenures incorporate most of the existing conditions, such as rent and purpose.

Community engagement

From November to December 2023, we met face-to-face with tenure holders to gather feedback and discuss the draft terms and conditions. After reviewing this feedback, the lease terms were simplified and revised to better fit the unique local circumstances.

Next steps

White Cliffs dugout tenure holders can contact us  to address any questions and assist with finalising the lease documents.

First right of refusal obligations

If White Cliffs dugout tenure holders want to assign, licence, sublease, sell, transfer, or part with possession of the interest in their dugout, they must comply with the first right of refusal obligations contained in your lease or licence.

First right of refusal information

A first right of refusal is a contractual right that gives a third party the first option over everyone else in the market to purchase your interest in your lease or licence if you decide to assign, licence, sublease, sell, transfer, or part with possession of your interest. The Barkandji Native Title Group Aboriginal Corporation RNTBC (ICN 4740) (Barkandji Corporation) has this right because the Federal Court has recognised Barkandji Corporation as the traditional owners of the land your lease or licence is subject to.

Triggers for first right of refusal

  • Assigning, licencing, subleasing, selling, transferring or otherwise parting with possession of an interest in the lease or licence.
  • A change in control of the corporation if acting as a corporation.
  • Altering the control of the trust if they are a trustee.
  • Any other dealing or action which would result in a third party occupying the land subject to the lease or licence.

Exceptions to first right of refusal

There are 3 exceptions:

  • Where the proposed transferee/assignee/sublicensee is a relative.
  • Where the proposed transferee/assignee/sublicensee is a beneficiary of the licensee’s deceased estate.
  • Where it’s proposed to sublicence this tenure for short term rental accommodation arrangements within the meaning of section 54A of the Fair Trading Act 1987 (NSW).

Accessing forms

Choosing more favourable terms

More favourable terms mean a lower purchase price, a longer or shorter settlement period, a lesser deposit, or any variation to the terms and conditions set out in the Intent to Sell Form. If White Cliffs dugout tenure holders are willing to accept more favourable terms than those offered to Barkandji Corporation, they must re-offer those terms to Barkandji Corporation.

Steps to follow

  1. Step 1

    Want to assign, licence, sublease, sell, transfer or otherwise part with possession of interest in the White Cliffs dugout?

    • Yes: This may be a First Right of Refusal Trigger, move to Step 2.
    • No: No further action required.

  2. Step 2

    Does the transfer qualify as a First Right of Refusal Exception?

    • Yes: This may be a First Right of Refusal Trigger, move to Step 2.
    • No: No further action required.

  3. Step 3

    Is selling your interest in your White Cliffs dugout by public auction?

    • Yes: Along with Barkandji Corporation, we must have 15 business days prior written notice inviting Barkandji Corporation to attend the public auction. Notice should be in the form of the Proposed Auction Form.
    • No: Move to Step 4.

  4. Step 4

    Selling your interest in your White Cliffs dugout by private treaty?

    • Yes: You must give us and Barkandji Corporation 20 business days prior written notice offering to sell your interest in your dugout on terms acceptable to you.
    • No: Move to Step 5.

  5. Step 5

    Have you received an unsolicited offer to purchase your interest in your dugout and the terms and conditions of the offer are acceptable to you?

    • Yes: You must give us and Barkandji Corporation 20 business days prior written notice offering to sell your interest in your dugout on terms acceptable to you.
    • No: Move to Step 6.

  6. Step 6

    After 20 business days of service of the Intent to Sell Form, you must follow one of these 2 avenues:

    • You receive an Agreement to Purchase Form from Barkandji Corporation: You must dispose of your interest in your dugout to Barkandji Corporation in accordance with the terms of the Intent to Sell Form.
    • You do not receive an Agreement to Purchase Form: You may dispose of your interest in your dugout provided you do not dispose of your interest on More Favourable Terms than those contained in the Intent to Sell Form, and you comply with the Standard Assignment and Sublease Provisions.