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New TfNSW Leases

WAG suggested improvements to Lease Agreement April 2020

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WAG to RMS Re 20 year Lease process

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Final RMS Lease Template

Click Here for Lease Template

Legal Fees – Special Deals for WAG Members

Click Here for Details of Special

Good News on Lease Negotiations

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New Leases – Key Undertakings

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(Clarification of Undertakings)

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MINISTER’S SUPPORT OF WAG POSITION

click here for letter

 

NEW NSW MARITIME LEASES & LAND RECLAMATION SALES

The Committee has obtained additional legal advice from two Senior Counsel on how to best deal with the unconscionable leases which NSW Maritime is currently forcing its lessees to sign, under threat of demolition of their structures.


We are advised that there is legal remedy available under the Contracts Review Act 1980 (providing members carefully follow certain legal procedures) within 2 years after lessees have signed the “unjust…unconscionable, harsh or oppressive” lease.

 

The Committee will consider the merits of either mounting or supporting a test case in this matter and at the appropriate time.

NSW MARITIME LAND RECLAMATION SALES

The “Disposal of Reclamations Procedure” document issued by NSW Maritime is totally unacceptable and is another example of NSW Maritime abusing its monopoly situation to exploit waterfront property owners. As at mid 2011 we have been unofficially informed that Maritime is not proceeding with sales of reclaimed land.

CLAIMS AGAINST NSW MARITIME UNDER OLD LEASES

Some members have had success in their claims against NSW Maritime, based on the fact that their old (but still current) leases did not allow for rent to be charged on a completely different basis since 2005. There are various versions of the old leases, so that there is no universal basis for making such claims. However, it is worth checking old leases for the agreed terms in regards to rent, to see whether NSW Maritime has breached its own lease terms. When making claims, members are advised to also claim interest at 10% per annum, as interest claims have been met.

Some of the concerns both the committee and our lawyers have in regard to the new lease may be read by clicking here

 

NSW Maritime confirms Old leases need not be surrendered until Govt decision on IPART recommendations

Written confirmation dated 16th august 2011:

Hi George I can confirm that NSW Maritime has agreed not to require lessees to surrender existing lease arrangements and enter into new leases until the Government has made a determination on the IPART recommendations. As previously advised in correspondence from the Minister to you, the Minister’s Chief of Staff Mr Jaymes Boland-Rudder will chair an initial meeting of a high level working group to oversight a review of lease documentation and processes.

Regards, Michael

Michael Wright (General Manager – Maritime Property, Planning and Infrastructure)

FORM LETTER TO REQUEST NSW MARITIME FOR NEW LEASE DELAY

 

22 August 2011

Dear Member, The purpose of the form letter (link below) is to request NSW Maritime to put to one side any requests of you by them for the surrender of a current lease and the execution of a new lease. It is on the basis that the current lease being offered by NSW Maritime is not appropriate to the current circumstances and it is a very harsh document, containing numerous unacceptable clauses. Lawyers employed by WAG have indicated that it is so harsh that it is legally unenforceable and open to challenge in the Supreme Court.NSW Maritime has finally yielded to pressure from WAG and agreed to change its position, as per the quote within the attached letter from Michael Wright, their General Manager of Maritime Property, Planning and Infrastructure.Should you wish to avail yourself of this opportunity, you can use the attached letter, filling out your name(s), address, lease number, inserting the date and signing the letter. We would recommend retaining a copy for your files.

Best wishes.
George Citer(Chairman,For the WAG Team.)

For Form Letter Click Here

 

LATEST ADVICE ON NEW MARITIME LEASES

To read the latest advice click here & click here

LETTER SENT TO MINISTER McLEAY 27/7/10

To read this correspondence click here

 

More information on transferring of Reclamations

NSW Maritime reclamations procedures

Disposal of Reclamations Application Form

 

CHANGES TO MARITIME LEASE POLICY AND SALE

OF RECLAIMED LAND

 

We wish to draw to your attention a document titled �March 2011 changes to the Sydney Harbour REP and to NSW Maritime leasing arrangements� which appeared on NSW Maritime�s website in recent days.

 

It would appear from that document that:

 

  1. The offer of new 20 year leases has been withdrawn from those people who have not yet committed to them, and

  2. The offer of a 3 year lease is optional at the choice of lessees (who may perhaps be allowed to retain their old leases). NSW Maritime was asked to clarify this matter on 8 March, but so far no response has been forthcoming.

 

WAG proposes to discuss the matter of these onerous new leases with the Government after the forthcoming election and we will inform members of the outcome of those discussions.

 

We have also been informed verbally that the offer to sell reclaimed land has been withdrawn, but we are awaiting written confirmation of that change.

To view the document, click here