Northern Territory Consolidated Acts

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CROWN LANDS ACT - SECT 75

Title of and use by persons who have an interest in land

75. Title of and use by persons who have an interest in land

(1) Subject to subsection (3), the power of a person who has an interest in land on which there is a road or mall or a part of a road or mall does not include power to deal with it or use it, or permit it to be used, in a manner inconsistent with the use of the road or mall according to its status as a road or mall.

(2) Subject to subsection (3), nothing contained in the Control of Roads Act or the Local Government Act operates to limit the power of a person who has an interest in land to deal with the land under the Land Title Act, but neither the vesting or registration of title to land nor a dealing with land under the Land Title Act affects the status of a public road or mall for the purposes of a law in force in the Territory or divests the person in whom a road, or the care, control and management of land, is vested by virtue of the Control of Roads Act or the Local Government Act :

(a) of the road as a road; or

(b) of a power, function, right or obligation in relation to the road or mall as a road or mall, as the case may be.

(3) Where under section 73 land is vested in a local government council and the council has an interest as lessee of or as the proprietor of an estate in fee simple in land contiguous to that land, the council may, with the approval in writing of the Minister, where the Minister is of the opinion that by its so doing vehicular traffic across the land will not be prevented:

(a) erect on the land such things:

(i) as are necessary for the support of structures erected over the land or on that contiguous land; or

(ii) as are necessary or convenient to facilitate and control access to and egress from that contiguous land; and

(b) notwithstanding the Control of Roads Act , use the land in such manner as it thinks fit to facilitate the use of a structure erected over the land, or on that contiguous land, for the purpose for which it was so erected.

(4) Neither the vesting or registration of title to land nor any dealing with land affects the rights of the Territory, the Commonwealth, a public authority of the Territory or a public authority of the Commonwealth to use a road or mall for the provision and maintenance of services or for any other public purpose.

Part 5. Reservations and resumptions



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