Chapter 07
Personal Property
7.4 Excluded property - New South Wales
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7.4.1

This and other sub sections in this Chapter are reasonably comprehensive (but not exhaustive), State by State lists of rights and licences granted under Commonwealth and State legislation that are excluded from being personal property for PPSA purposes under those laws. The list is based on legislation passed and bills introduced at the time of writing.

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7.4.2

New South Wales

The implementing legislation for the PPSA in New South Wales is the Personal Property Securities Legislation Amendment Act 2010 (NSW).

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7.4.3

The following mining-related rights, licences and tenements are excluded from being personal property in New South Wales for the purposes of the PPSA:

  1. exploration licences, assessment leases, mineral claims, mining leases and opal prospecting licences under the Mining Act 1992 (NSW); and
  2. petroleum titles and low-impact prospecting titles under the Petroleum (Onshore) Act 1991 (NSW).

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7.4.4

The following other (non-mining) statutory rights and licences are excluded from being personal property in New South Wales for the purposes of the PPSA:

  1. commercial fishing licences, fishing boat licences, shares in share management fisheries, aquaculture leases and permits, charter fishing boat licences, and other allocations and permits under the Fisheries Management Act 1994 (NSW); and
  2. compensation payable under the Workers Compensation Act 1987 (NSW).

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