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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
LAND BILL 1994
Queensland
LAND BILL 1994
TABLE OF PROVISIONS
Section Page
CHAPTER 1--PRELIMINARY
PART 1--INTRODUCTION
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
PART 2--OBJECTS
4 Object of this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
PART 3--APPLICATION OF ACT
5 Land to which Act applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
6 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
7 Relationship with Native Title Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
PART 4--LAND NEAR HIGHWATER MARK
8 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
9 Land below high-water mark owned by the State . . . . . . . . . . . . . . . . . . . . . 29
10 Accretions owned by the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
11 Local government for new land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
12 Inundated land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
13 Power to deal with land below high-water mark . . . . . . . . . . . . . . . . . . . . . . 31
CHAPTER 2--LAND ALLOCATION
PART 1--ALLOCATION POWERS
14 Governor in Council may grant land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
15 Governor in Council may lease land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
16 Deciding appropriate tenure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
17 Granting land to the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
2
Land
18 Governor in Council may exchange land . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
19 Minister may buy land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
20 Dealing with mining interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
PART 2--RESERVATIONS
21 Reservation of minerals, petroleum etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
22 Reservation of quarry materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
23 Reservation for public purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
24 Disposal of reservations no longer needed . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
25 Disposal of reservations by sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
26 Minister may decide boundaries of reservations . . . . . . . . . . . . . . . . . . . . . . 35
PART 3--NATIVE TITLE
27 Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
28 Interaction with native title legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
29 Taking into consideration Aboriginal tradition and Islander custom . . . . . . 37
CHAPTER 3--RESERVES, DEEDS OF GRANT IN TRUST AND
ROADS
PART 1--RESERVES AND DEEDS OF GRANT IN TRUST
Division 1--General
30 Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Division 2--Reserves
31 Dedication and adjustment of reserves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
32 State leases over reserves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
33 Revocation of reserves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
34 Revocation of reserve cancels appointments, leases and permits . . . . . . . . 40
Division 3--Deeds of grant in trust
35 Granting land in trust to be used for community purpose . . . . . . . . . . . . . . . 40
36 Amalgamating land with common purposes . . . . . . . . . . . . . . . . . . . . . . . . . 40
37 Removing area from deed of grant in trust . . . . . . . . . . . . . . . . . . . . . . . . . . 41
38 Cancelling a deed of grant in trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Division 4--Deeds of grant in trust for Aboriginals and Torres Strait
Islanders
39 Application of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
40 Improvements and land may be excluded . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
3
Land
41 Survey not needed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
42 Change of boundaries or roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
43 Only Parliament may delete land from or cancel an existing deed
of grant in trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Division 5--Appointments, functions and removal of trustees
44 Appointing trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
45 Details of trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
46 Trustee's administrative functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
47 Trustee's accounting functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
48 Trustees to give information and allow inspection of records . . . . . . . . . . . 45
49 External audits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
50 Vacation of office by trustee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
51 Removal of trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Division 6--Powers of trustee
52 General powers of trustee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
53 Statutory body trustee powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
54 No power to sell trust land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
55 Power to surrender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
56 Model by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Division 7--Trustee leases and trustee permits
57 Trustee leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
58 Other transactions a trustee may allow . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
59 Basis of Ministerial approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
60 Trustee permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
61 Conditions on trustee leases and trustee permits . . . . . . . . . . . . . . . . . . . . . 50
62 Grouping trust land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
63 Rent to be charged . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
64 Minister may dispense with approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
65 Cancellation of a trustee lease or trustee permit . . . . . . . . . . . . . . . . . . . . . 51
66 Right to remove improvements on cancellation . . . . . . . . . . . . . . . . . . . . . . 52
Division 8--Mortgaging trust land
67 Power to mortgage trust land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
68 Mortgagee in possession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
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Land
69 What is the unimproved value . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
70 Sale by mortgagee in possession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
71 Effect of sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
72 Disposal of sale price . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Division 9--Winding-up trusts of trust land
73 Application of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
74 Minister may start winding-up . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
75 Property vests in liquidator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
76 Sale of trust assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
77 Trustees to help in winding-up . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
78 Winding-up may continue after revocation, cancellation or sale . . . . . . . . 56
Division 10--Cemeteries
79 Cemetery registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
80 Trustee may remove structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
81 Application to close or re-open cemetery . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
82 Trustees may transfer trust to local government . . . . . . . . . . . . . . . . . . . . . . 57
83 Exhumations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Division 11--Other grants for public purposes
84 Surrender of land still needed for a public purpose . . . . . . . . . . . . . . . . . . . . 58
85 Surrender of land no longer needed for a public purpose . . . . . . . . . . . . . . . 58
86 Public notice of proposed surrender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
87 Effect of surrender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
88 Dealing with land used as a cemetery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Division 12--Miscellaneous
89 Survey of trust land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
90 Application of Acts to trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
91 Trustees taken to be owners for legal proceedings . . . . . . . . . . . . . . . . . . . . 60
92 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
PART 2--ROADS
Division 1--Dedicating and opening roads
93 Meaning of "road" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
94 Dedication of road by Gazette notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
5
Land
95 Roads vest in the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
96 Roads in existing leases are dedicated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
97 Clarification of road status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Division 2--Closing roads
98 Closure of road by Gazette notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
99 Application to close by adjoining owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
100 Public notice of closure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
101 Minister to consider objections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
102 Changing application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Division 3--Temporarily closed roads
103 Issue of road licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
104 Conditions of issuing road licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
105 Temporarily closed road still dedicated land . . . . . . . . . . . . . . . . . . . . . . . . 65
106 Cancellation or surrender of road licence . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
107 Reopening a temporarily closed road . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Division 4--Permanently closed roads
108 Dealing with permanently closed road . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Division 5--Road repositioning
109 Simultaneous opening and closing of road . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Division 6--Building of roads in State developments
110 Minister may build roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
111 When road comes under local government control . . . . . . . . . . . . . . . . . . . . 68
CHAPTER 4--LAND HOLDINGS
PART 1--MAKING LAND AVAILABLE
Division 1--Interests in land available by competition
112 Interests in land available by auction, tender or ballot . . . . . . . . . . . . . . . . 68
113 Public notice of availability to be given . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
114 Information to be included in sale notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
115 Conditions of sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
116 Interests in land may be sold after auction . . . . . . . . . . . . . . . . . . . . . . . . . . 70
117 Interest may be withdrawn from auction, tender or ballot . . . . . . . . . . . . . . 70
118 Appeal against exclusion from ballot or tender . . . . . . . . . . . . . . . . . . . . . . . 70
6
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119 Conduct of ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
120 Offer to winner of ballot or tender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Division 2--Interests in land available without competition
121 Leases of unallocated State land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
122 Deeds of grant of unallocated State land . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
123 Priority criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
124 Leases of State forests and national parks . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
125 Deeds of grant in trust and leases over reserves . . . . . . . . . . . . . . . . . . . . . . 73
126 Strategic port land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
127 Reclaimed land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
128 Meaning of "significant development" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
129 Lease for significant development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
130 Transfer of lease for significant development . . . . . . . . . . . . . . . . . . . . . . . . 74
131 Amalgamation may be a condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Division 3--Availability of additional areas
132 Granting additional areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
133 Who is eligible for additional areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
134 Issues the Minister must consider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
135 Committee of review to help Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
136 Conditions of offer and lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Division 4--Miscellaneous
137 Right to occupy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
138 Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
139 Improvements to be bought by incoming lessee or buyer . . . . . . . . . . . . . . . 77
140 Provisional value may be negotiated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
141 Payment of survey fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
PART 2--ELIGIBILITY TO HOLD LAND
Division 1--General eligibility restrictions
142 Minors not to hold land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
143 Departmental officers not to hold land without approval . . . . . . . . . . . . . . . 79
Division 2--Corporation and aggregation restrictions
144 Division applies only to leases for grazing and agriculture . . . . . . . . . . . . . 79
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145 Only individuals may hold leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
146 Maximum individual holding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
147 Calculating holdings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
148 Excess holdings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
149 Leases may not be held on trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
150 Meaning of "family arrangement" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
151 Eligibility not affected by devolution by law . . . . . . . . . . . . . . . . . . . . . . . . 81
152 Division does not apply to State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
PART 3--LEASES
Division 1--Preliminary
153 Leases must be used for purpose issued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
154 Minister may approve additional purposes . . . . . . . . . . . . . . . . . . . . . . . . . . 82
155 Length of term leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
156 Application of Dividing Fences Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Division 2--Expiry and renewal
157 Expiry of lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
158 Application to renew lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
159 Issues the Minister must consider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
160 Written notice of Minister's decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
161 When offer has been accepted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
162 Acceptance of offer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
163 Land not included in the offer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
164 Short term extension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
Division 3--Conversion of tenure
165 Application of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
166 Application to convert lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
167 Issues the Minister must consider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
168 Written notice of Minister's decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
169 Conditions of freehold offer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
170 Purchase price if deed of grant offered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
171 When offer has been accepted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
172 Acceptance of offer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
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173 Land not included in the offer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
174 Freeholded lease may not be transferred without approval . . . . . . . . . . . . . 90
175 Forest entitlement areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
176 Effect of resumption of forest entitlement area . . . . . . . . . . . . . . . . . . . . . . . 92
PART 4--PERMITS
177 Chief executive may issue permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
178 Permits below high-water mark . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
179 Fencing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
180 Cancellation or surrender of permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
CHAPTER 5--MATTERS AFFECTING LAND HOLDINGS
PART 1--RENTS
Division 1--Rents
181 Rent periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
182 Rent categories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
183 Rent payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
184 Rent adjustments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
Division 2--Concessional rents
185 Development concessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
186 Charitable, recreational and sporting concessions . . . . . . . . . . . . . . . . . . . . 96
187 Residential hardship concessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
188 Property build-up concession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
189 Levelling concessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Division 3--Rent and instalment payments
190 When rent is owing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
191 Overpayment of rent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
192 Deferral of rent and instalment payments for hardship . . . . . . . . . . . . . . . . . 99
193 Forgiveness of deferred rent payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
194 Change of circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
Division 4--Action for non-payment of rent and instalments
195 Penalty interest on outstanding rent and instalments . . . . . . . . . . . . . . . . . 100
196 Minister may take action for non-payment . . . . . . . . . . . . . . . . . . . . . . . . . 100
197 Notice of intention to cancel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
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198 Minister may reinstate if payment made . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
PART 2--CONDITIONS
Division 1--General conditions
199 Duty of care condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
200 Noxious plants condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
201 Information condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
202 Improvement condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Division 2--Other conditions
203 Typical conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
204 Survey condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
205 Tied condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
206 Personal residence condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
207 Another person may complete personal residence condition . . . . . . . . . . . 104
208 Resumption condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
209 Performance security condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
Division 3--Changing conditions
210 Changing conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
211 Conditions must be reviewed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
212 Minister may change conditions after review . . . . . . . . . . . . . . . . . . . . . . . 106
Division 4--Compliance with conditions
213 Obligation to perform conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
214 Land protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
PART 3--RESUMPTION AND COMPENSATION
Division 1--Resumption of a lease or easement
215 Application of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
216 Resumption of lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
217 Resumption of an easement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
218 Resumption for constructing authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
219 Effect of resumption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
220 Service of order in council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
221 Application of Acquisition of Land Act 1967 . . . . . . . . . . . . . . . . . . . . . . . 110
222 Revoking a resumption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
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Division 2--Resumption of a lease under a condition of the lease
223 Application of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
224 Resumption of lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
225 Effect of resumption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
226 Compensation limited to improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
227 Development work an improvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
Division 3--Resumption of a reservation for a public purpose
228 Application of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
229 Resumption of reservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
230 Effect of resumption of possession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
231 Application of Acquisition of Land Act 1967 . . . . . . . . . . . . . . . . . . . . . . . 114
232 Compensation limited to improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
233 Development work an improvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
PART 4--FORFEITURE
234 When lease may be forfeited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
235 Notice of forfeiture for outstanding amounts . . . . . . . . . . . . . . . . . . . . . . . . 115
236 Minister's options if amount unpaid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
237 Minister may reinstate lease if payment made . . . . . . . . . . . . . . . . . . . . . . 115
238 Application to the Court for forfeiture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
239 Governor in Council's options if Court decides on forfeiture . . . . . . . . . . . 116
240 Publication of notice of forfeiture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
241 Effect of forfeiture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
242 Lessee to give up possession on forfeiture . . . . . . . . . . . . . . . . . . . . . . . . . . 117
243 Improvements on forfeited lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
244 Sale by mortgagee instead of forfeiture . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
245 Effect of forfeiture of lease issued without competition for
development purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
PART 5--PAYMENT FOR IMPROVEMENTS
Division 1--Payment for improvements by incoming lessee etc.
246 Application of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
247 Application of payment for improvements by incoming lessee or buyer . 119
248 Unclaimed improvement amounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
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Division 2--Payment by the State for improvements
249 Payment by the State for improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
Division 3--General
250 Amounts owing to the State to be deducted . . . . . . . . . . . . . . . . . . . . . . . . 121
251 Payment to mortgagee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
PART 6--TREE MANAGEMENT
Division 1--General
252 Object of Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
253 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
254 Application of Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Division 2--Tree clearing permit
255 Tree clearing permit needed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
256 Recovery of rehabilitation costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
257 When tree clearing permit is not needed . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
258 Tree clearing permit needed despite condition in lease . . . . . . . . . . . . . . . 125
259 Who may apply for tree clearing permit . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
260 How application for tree clearing permit made . . . . . . . . . . . . . . . . . . . . . . 125
261 Tree management plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
262 Issues chief executive must consider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
263 Chief executive may issue tree clearing permit . . . . . . . . . . . . . . . . . . . . . 127
264 Terms of tree clearing permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
265 Conditions of tree clearing permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
266 Cancellation of tree clearing permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
267 Tree clearing permit may continue on transfer . . . . . . . . . . . . . . . . . . . . . . 129
Division 3--Clearing for routine management and routine rural
management purposes
268 Routine management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
269 Routine rural management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
270 Conditions of clearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
Division 4--Broadscale tree clearing
271 Approval of broadscale tree clearing policy . . . . . . . . . . . . . . . . . . . . . . . . 131
272 Local guidelines for broadscale tree clearing . . . . . . . . . . . . . . . . . . . . . . . 132
273 Finalising the guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
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274 Publication of guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
CHAPTER 6--REGISTRATION AND DEALINGS
PART 1--LAND REGISTRY AND REGISTERS
Division 1--Land registry
275 Registers comprising land registry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
Division 2--Registers
276 Registers to be kept by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
277 Form of registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
278 Particulars that must be recorded . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
279 Recording issue and end of tenures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
280 Particulars that may be recorded . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
281 Other information may be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
282 Distinguishing reference for each document . . . . . . . . . . . . . . . . . . . . . . . . 136
283 Documents form part of a register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
284 Entitlement to search a register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
285 Evidentiary effect of certified copies of documents . . . . . . . . . . . . . . . . . . 137
Division 3--General requirements for documents in registers
286 Form of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
287 Registered documents must be in the appropriate form . . . . . . . . . . . . . . . 137
288 Certain documents must be signed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
289 Consent to be written on document etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
290 Required number of executed copies to be lodged . . . . . . . . . . . . . . . . . . . 138
Division 4--Powers of the chief executive
291 Chief executive may correct registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
292 Lot-on-plan description . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
293 Chief executive may authorise printing and sale of forms . . . . . . . . . . . . . 139
294 Chief executive may require public notice to be given of certain
proposed action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
PART 2--REGISTRATION AND ITS EFFECT
Division 1--Registration of documents
295 Right to have interest registered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
296 Tenure document needed for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
297 Order of registration of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
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298 Priority of registered documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
299 When a document is registered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
Division 2--Consequences of registration
300 Benefits of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
301 Interest in land not transferred or created until registration . . . . . . . . . . . . 142
302 Effect of registration on interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
303 Evidentiary effect of recording particulars in the register . . . . . . . . . . . . . 142
PART 3--DOCUMENTS
Division 1--General
304 Correcting unregistered documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
305 Requisitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
306 Rejecting document for failure to comply with requisition . . . . . . . . . . . . 144
307 Borrowing lodged document before registration . . . . . . . . . . . . . . . . . . . . . 144
308 Withdrawing lodged document before registration . . . . . . . . . . . . . . . . . . . 144
309 Chief executive may call in document for correction or cancellation . . . 145
310 Execution of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
311 Witnessing documents for individuals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
312 Substitute document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
313 Delivery of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
314 Dispensing with production of document . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
315 Destroying document in certain circumstances . . . . . . . . . . . . . . . . . . . . . . 147
316 Transferor must do everything necessary . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
Division 2--Documents forming part of standard documents
317 Meaning of "standard document" in Division . . . . . . . . . . . . . . . . . . . . . . . 148
318 Standard document may be registered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
319 Standard document part of a further document . . . . . . . . . . . . . . . . . . . . . . 148
320 Document not limited to that contained in standard document . . . . . . . . . 149
321 Withdrawal or cancellation of standard document . . . . . . . . . . . . . . . . . . . 149
PART 4--DEALINGS AFFECTING LAND
Division 1--Transfers
322 Requirements for transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
323 Transfers must be registered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
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324 Transfer of lands sold in possession or in execution . . . . . . . . . . . . . . . . . . 150
325 Effect of registration of transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
326 Transferee to indemnify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
Division 2--Surrender
327 Surrender of lease or deed of grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
328 Surrender of subleases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
329 Notice of surrender needed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
330 Requirements for effective surrender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
331 Effect of surrender on existing interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
Division 3--Subleases
332 Subleases require Minister's approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
333 General authority to sublease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
334 When subleasing is totally prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
335 Subleases must be registered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
336 Amending a sublease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
337 Lessee continues to be responsible for primary obligations . . . . . . . . . . . . 155
338 Validity of sublease or amendment of sublease against mortgagee . . . . . 155
339 Re-entry by sublessor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
Division 4--Mortgages
340 Registering a mortgage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
341 Effect of a mortgage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
342 Releasing a mortgage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
343 Amending a mortgage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
344 Amending priority of mortgages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
345 Mortgagee in possession may sell . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
346 Sale of mortgaged lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
347 Land to be sold within 2 years . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
348 Disposal of proceeds of sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
349 Liability of mortgagee in possession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
350 Effect of transfer after sale by mortgagee . . . . . . . . . . . . . . . . . . . . . . . . . . 158
Division 5--Subdividing leases
351 Minister's approval required for subdivision . . . . . . . . . . . . . . . . . . . . . . . . 159
15
Land
352 Plan of survey must be registered if needed . . . . . . . . . . . . . . . . . . . . . . . . 159
353 Issue of new leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
354 Conditions of new leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
Division 6--Amalgamating leases
355 Amalgamation only by agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
356 Issue of new lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
357 Conditions of amalgamated lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
Division 7--Correcting and changing deeds of grant and leases
358 Changing deeds of grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
359 Correcting deeds of grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
360 Changing leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
Division 8--Easements
361 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
362 Easements may be created only by registration . . . . . . . . . . . . . . . . . . . . . 164
363 Registration of easement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
364 Registration of plan showing proposed easement . . . . . . . . . . . . . . . . . . . . 165
365 Particulars to be registered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
366 Rights and liabilities created on registration of document . . . . . . . . . . . . . 166
367 Easement benefiting and burdening land of same person . . . . . . . . . . . . . . 166
368 Same person becoming lessee, licensee or permittee of benefited
and burdened lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
369 Public utility easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
370 Amending an easement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
371 Surrendering an easement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
372 End and continuation of easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
373 Court may modify or extinguish an easement . . . . . . . . . . . . . . . . . . . . . . . 169
Division 9--Trusts, deceased estates and bankruptcy
374 Details of trust must be given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169
375 Interests held in trust must be registered . . . . . . . . . . . . . . . . . . . . . . . . . . . 169
376 Deed of grant or lease may issue in name of deceased person . . . . . . . . . 170
377 Registering personal representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
378 References in documents to a person with an interest in land
includes personal representatives etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
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379 Registering beneficiary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172
380 Applying for Supreme Court order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172
381 Transmission on bankruptcy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
382 Disclaimer in bankruptcy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
Division 10--Powers of attorney and disabilities
383 Power of attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
384 Persons under a disability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
385 Acts by attorneys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174
Division 11--Writs of execution
386 Registering a writ of execution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174
387 Effect of registering a writ of execution . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174
388 Cancellation of registration of a writ of execution . . . . . . . . . . . . . . . . . . . 174
389 Discharging or satisfying writ of execution . . . . . . . . . . . . . . . . . . . . . . . . . 175
Division 12--Liens
390 Vendor does not have equitable lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
CHAPTER 7--GENERAL
PART 1--ADMINISTRATION
Division 1--Ministerial administration
391 Administration of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
392 Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
393 Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
394 Committee of review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177
Division 2--Appointment of authorised persons and other matters
395 Appointment of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177
396 Authorised person's appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . 177
397 Authorised person's identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
398 Production of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
399 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179
Division 3--Inspection powers
400 Power to enter land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179
401 Authorised person to give notice of damage . . . . . . . . . . . . . . . . . . . . . . . . 180
402 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
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403 Impersonation of authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
PART 2--UNLAWFUL OCCUPATION OF NONFREEHOLD
AND TRUST LAND
Division 1--Unlawful occupation of non-freehold and trust land
404 No trespassing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
Division 2--Action to deal with unlawful occupation
405 Application of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
406 Notice to person to leave land, remove structures etc. . . . . . . . . . . . . . . . . 182
407 Person must comply with notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
408 Improvements etc. forfeited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
409 Person may start proceeding in Magistrates Court . . . . . . . . . . . . . . . . . . . 184
410 Chief executive may start proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184
411 Defence may be filed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
412 State may carry out work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
413 Powers of officers and employees of the department . . . . . . . . . . . . . . . . . 185
Division 3--Action by lessee, licensee, permittee or trustee
414 Application of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
415 Lessee, licensee, permittee or trustee may start proceeding . . . . . . . . . . . 186
416 Defence may be filed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186
Division 4--Court matters
417 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186
418 Discretion of Magistrates Court about orders . . . . . . . . . . . . . . . . . . . . . . . 187
419 Order of the Magistrates Court must be complied with . . . . . . . . . . . . . . . 187
420 Appeal to District Court on questions of law only . . . . . . . . . . . . . . . . . . . 188
PART 3--REVIEW OF DECISIONS AND APPEALS
Division 1--Right of appeal
421 Notice of right of appeal to be given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
Division 2--Internal review of decisions
422 Appeal process starts with internal review . . . . . . . . . . . . . . . . . . . . . . . . . 188
423 Who may apply for review etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
424 Applying for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
425 Stay of operation of decision etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
426 Decision on reconsideration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
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Division 3--Appeals
427 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190
428 Procedure for an appeal to the Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190
429 Powers of Court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190
430 Effect of decision of Court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191
431 Jurisdiction of the Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191
PART 4--MISCELLANEOUS
432 Pasturage rights for travelling stock . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191
433 Rate of travel of stock . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192
434 Meaning of "unimproved value" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192
435 Minister may refer matters to the Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193
436 Auctioneer's licence not necessary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193
437 Changing county or parish boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193
438 What are debts owing to the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
439 Words and expressions used in documents under Act . . . . . . . . . . . . . . . . 194
440 Obstruction of officers etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
441 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
442 Lapse of offer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
443 No deed of grant until fees paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
444 Chief executive may approve forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
445 Offences are summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
446 Limitation on time for starting offence proceedings . . . . . . . . . . . . . . . . . . 195
447 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
448 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
CHAPTER 8--CONTINUED RIGHTS AND TENURES
PART 1--RESERVES, DEEDS OF GRANT IN TRUST AND
ROADS
Division 1--Reserves
449 Existing reserves and purposes continue . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
450 Trustees continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
Division 2--Deeds of grant in trust
451 Existing deeds of grant in trust and purposes continue . . . . . . . . . . . . . . . . 198
452 Trustees continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198
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Division 3--Existing trustee leases
453 Existing trustee leases and licences continue . . . . . . . . . . . . . . . . . . . . . . . 198
Division 4--Roads
454 Existing roads continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198
455 Existing road licences continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198
PART 2--FREEHOLDING LEASES
Division 1--Pre-Wolfe freeholding leases
456 Existing leases continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199
457 Terms of pre-Wolfe freeholding leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199
458 Deed of grant to issue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200
459 Residential hardship concessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200
Division 2--Post-Wolfe freeholding leases
460 Existing leases continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201
461 Terms of existing post-Wolfe freeholding leases continue . . . . . . . . . . . . . 201
462 Terms of post-Wolfe freeholding leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201
463 Deed of grant to issue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202
Division 3--Grazing homestead freeholding leases
464 Existing leases continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202
465 Terms of existing grazing homestead freeholding leases continue . . . . . . 202
466 Terms of grazing homestead freeholding leases . . . . . . . . . . . . . . . . . . . . . 202
467 Deed of grant to issue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203
PART 3--PERPETUAL LEASES
Division 1--Grazing homestead perpetual leases
468 Existing leases continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204
469 Right to a grazing homestead freeholding lease . . . . . . . . . . . . . . . . . . . . . 204
Division 2--Non-competitive leases
470 Existing leases continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204
471 Right to a post-Wolfe freeholding lease . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
PART 4--TERM LEASES
Division 1--Pastoral, preferential pastoral, pastoral development,
and stud holdings
472 Existing leases continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
473 Covenant for a new term lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
20
Land
474 Uses of stud holdings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206
475 Restrictions on ownership of preferential pastoral holdings . . . . . . . . . . . . 206
Division 2--Special and development leases
476 Existing leases continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206
477 Change of purpose for special lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207
478 Right to a post-Wolfe freeholding lease . . . . . . . . . . . . . . . . . . . . . . . . . . . 207
479 Development leases not to be sublet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207
PART 5--LICENCES AND PERMITS
Division 1--Occupation licences and permits
480 Occupation licences continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208
481 Cancellation or surrender of occupation licence . . . . . . . . . . . . . . . . . . . . . 208
482 Approval needed for improvement and development work . . . . . . . . . . . . 208
483 Existing permits continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208
Division 2--Fencing use licences
484 Existing fencing use licences continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209
485 Minister may cancel licence for breach of condition . . . . . . . . . . . . . . . . . 209
PART 6--CONTINUED TENURES GENERALLY
486 Existing conditions continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209
487 Existing concessions continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209
488 Fencing conditions and exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
489 Amalgamating or subdividing existing leases . . . . . . . . . . . . . . . . . . . . . . . 210
PART 7--TENURES UNDER OTHER ACTS
Division 1--Sale to Local Authorities Land Act 1882
490 Existing deeds of grant continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
491 Conditions and reservations still applying . . . . . . . . . . . . . . . . . . . . . . . . . . 211
492 Application for new tenure under this Act . . . . . . . . . . . . . . . . . . . . . . . . . . 211
493 Automatic issue of new tenure under this Act . . . . . . . . . . . . . . . . . . . . . . . 212
Division 2--Miners homesteads
494 Objective . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212
495 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212
496 Current applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213
497 Refusal or lapsing of current miners homestead application . . . . . . . . . . . 214
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Land
498 Time in which offer must be accepted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214
499 Automatic issue of new tenure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214
500 Application of pre-paid rent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
501 Replacement miners homestead documents . . . . . . . . . . . . . . . . . . . . . . . . 215
502 Replacement mining titles freeholding leases . . . . . . . . . . . . . . . . . . . . . . 216
503 Approvals continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
Division 3--Port and harbour lands
504 Changing tenures of port lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
505 Changing tenures of harbour land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217
Division 4--Cemetery Act 1865
506 Existing cemeteries continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218
PART 8--GENERAL
507 Transitional regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218
CHAPTER 9--TRANSITIONAL AND SAVINGS PROVISIONS,
REPEALS AND AMENDMENTS
PART 1--SAVINGS AND TRANSITIONALS
508 Interests under repealed Act continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219
509 Registration of documents lodged before commencement . . . . . . . . . . . . . 219
510 Offers made before commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220
511 References in Acts and documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220
512 Harbour matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221
513 Casino matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221
514 Closure of Brigalow Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221
515 Burdekin Irrigation Area freeholding leases . . . . . . . . . . . . . . . . . . . . . . . . 221
516 Existing by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
517 Existing local guidelines for broadscale tree clearing . . . . . . . . . . . . . . . . 222
518 Existing powers of attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
519 Things done under repealed Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
520 Effect of repeal by this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223
521 Continuation of certain provisions of repealed Act about Land
Court and Land Appeal Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223
522 Transitional regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223
22
Land
PART 2--REPEALS AND CONSEQUENTIAL AMENDMENTS
523 Repeals on 1 January 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224
524 Repeals on commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224
525 Amendment of Acts on assent--Sch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225
526 Amendment of Land Title Act--Sch 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225
527 Amendment of Acts on commencement--Sch 5 . . . . . . . . . . . . . . . . . . . . 225
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . 226
COMMUNITY PURPOSES
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . 227
ORIGINAL DECISIONS
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . 228
AMENDMENT OF ACTS ON ASSENT
LAND ACT 1962 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228
LAND TITLE ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231
SANCTUARY COVE RESORT ACT 1985 . . . . . . . . . . . . . . . . . . . . . . . . 232
SURVEYORS ACT 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
VALUERS REGISTRATION ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
SCHEDULE 4 . . . . . . . . . . . . . . . . . . . . . . . 234
AMENDMENT OF LAND TITLE ACT 1994
SCHEDULE 5 . . . . . . . . . . . . . . . . . . . . . . . 239
AMENDMENT OF ACTS ON COMMENCEMENT
ABORIGINAL LAND ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239
ACQUISITION OF LAND ACT 1967 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240
BRIGALOW AND OTHER LANDS DEVELOPMENT ACT 1962 . . . . . . 241
CENTRAL QUEENSLAND COAL ASSOCIATES AGREEMENT
AND QUEENSLAND COAL TRUST ACT 1984 . . . . . . . . . . . . . . . . . . . . 243
FOREIGN OWNERSHIP OF LAND REGISTER ACT 1988 . . . . . . . . . . 243
FORESTRY ACT 1959 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244
LAND SALES ACT 1984 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247
LAND TITLE ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247
LIBRARIES AND ARCHIVES ACT 1988 . . . . . . . . . . . . . . . . . . . . . . . . . 252
LOCAL GOVERNMENT ACT 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
NATURE CONSERVATION ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . 253
23
Land
PROPERTY LAW ACT 1974 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253
SUCCESSION ACT 1981 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254
TORRES STRAIT ISLANDER LAND ACT 1991 . . . . . . . . . . . . . . . . . . . 254
TRANSPORT INFRASTRUCTURE ACT 1994 . . . . . . . . . . . . . . . . . . . . . 255
VALUATION OF LAND ACT 1944 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255
WATER RESOURCES ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257
SCHEDULE 6 . . . . . . . . . . . . . . . . . . . . . . . 259
DICTIONARY
1994
A BILL
FOR
An Act to consolidate and amend the law relating to the
administration and management of non-freehold land and deeds
of grant in trust and the creation of freehold land, and for related
purposes
s1 26 s2
Land
The Parliament of Queensland enacts-- 1
HAPTER 1--PRELIMINARY 2
C
PART 1--INTRODUCTION 3
title 4
Short
1. This Act may be cited as the Land Act 1994. 5
6
Commencement
2.(1) Section 525 and Schedule 3 commence on the date of assent. 7
(2) The amendment of the Land Title Act 1994 in Schedule 3 is taken to 8
have commenced on 24 April 1994. 9
(3) The following provisions commence on 1 January 1995-- 10
· section 3 (Dictionary) and Schedule 6 11
· section 393 (Delegation by chief executive) 12
· section444 (Chief executive may approve forms) 13
· section 448 (Regulations) 14
· Chapter 8, Part 7, Division 2 15
· section 505 (Changing tenures of harbour land) 16
· section 522 (Transitional regulations) 17
· section 523 (Repeals on 1 January 1995). 18
(4) The remaining provisions commence on a day to be fixed by 19
proclamation. 20
s3 27 s4
Land
1
Dictionary
3. The dictionary in Schedule 6 defines particular words used in this 2
Act.1 3
ART 2--OBJECTS 4
P
of this Act 5
Object
4. In the administration of this Act, land to which this Act applies must 6
be managed for the benefit of the people of Queensland by having regard to 7
the following principles-- 8
Sustainability 9
· Sustainable resource use and development to ensure existing 10
needs are met and the State's resources are conserved for the 11
benefit of future generations 12
Evaluation 13
· Land evaluation based on the appraisal of land capability and 14
the consideration and balancing of the different economic, 15
environmental, cultural and social opportunities and values 16
of the land 17
Development 18
· Allocating land for development in the context of the State's 19
planning framework, and applying contemporary best 20
practice in design and land management 21
· When land is made available, allocation to persons who will 22
facilitate its most appropriate use that supports the economic, 23
social and physical wellbeing of the people of Queensland 24
Community purpose 25
· If land is needed for community purposes, the retention of 26
1 In some Acts, definitions are contained in a dictionary that appears as the last
Schedule and forms part of the Act--see Acts Interpretation Act 1954, section 14.
s5 28 s5
Land
the land for the community in a way that protects and 1
facilitates the community purpose 2
Protection 3
· Protection of environmentally and culturally valuable and 4
sensitive areas and features 5
Consultation 6
· Consultation with community groups, industry associations 7
and authorities is an important part of the decision making 8
process 9
Administration 10
· Consistent and impartial dealings 11
· Efficient, open and accountable administration 12
· A market approach in land dealings, adjusted when 13
appropriate for community benefits arising from the dealing. 14
PART 3--APPLICATION OF ACT 15
to which Act applies 16
Land
5.(1) This Act applies to all land, including land below high-water mark.2 17
(2) Layers and strata above and below the surface of land may be dealt 18
with under this Act.3 19
2 Although this Act generally applies to non-freehold land, most freehold land
contains a reservation to the State for minerals. To that extent, this Act applies
to all land.
3 But, the Governor in Council cannot grant, in fee simple, layers and strata above
and below the surface of land--see section 14(3).
s6 29 s9
Land
binds all persons 1
Act
6. This Act binds all persons, including the State and, as far as the 2
legislative power of the Parliament permits, the Commonwealth and the 3
other States. 4
with Native Title Act 5
Relationship
7. This Act does not affect the operation of the Native Title (Queensland) 6
Act 1993. 7
PART 4--LAND NEAR HIGHWATER MARK 8
9
Definitions
8. In this Part-- 10
"navigable river" includes as far up a river, creek or stream, connecting to 11
the sea, whether in the natural state or otherwise, as-- 12
(a) the spring tides ordinarily flow and reflow; and 13
(b) a ship ordinarily used to transport goods can be navigated. 14
"tidal navigable river" means a river navigable as far up as the spring tide 15
ordinarily flows and reflows. 16
"tidal water" means any part of the sea or of a port (including any tidal 17
navigable river) ordinarily within the ebb and flow of the tide at spring 18
tides. 19
"ship" has the same meaning as in the Transport Operations (Marine 20
Safety) Act 1994. 21
below high-water mark owned by the State 22
Land
9.(1) All land below high-water mark, including the beds and banks of 23
tidal navigable rivers-- 24
(a) is the property of the State, unless the land is inundated land or a 25
s 10 30 s 12
Land
registered interest in the land is held by someone else; and 1
(b) may be dealt with as unallocated State land. 2
(2) To remove any doubt, it is declared that if a tidal navigable river 3
forms the boundary of a parcel of land or a person owns land on both sides 4
of a tidal navigable river-- 5
(a) the land below high-water mark is and always has been the 6
property of the State; and 7
(b) if the line of the high-water mark shifts over time by gradual and 8
imperceptible degrees--the boundaries of the parcel shift with the 9
high-water mark. 10
(3) No act to occupy, use, build works or remove material or product, 11
with or without lawful authority, divests the State of its ownership of land 12
below high-water mark. 13
owned by the State 14
Accretions
10. Land that becomes raised above high-water mark, whether gradually 15
and imperceptibly or otherwise, because of the carrying out of works, 16
belongs to the State and may be dealt with as unallocated State land.4 17
government for new land 18
Local
11.(1) Land that becomes raised above high-water mark is land within 19
the local government area of land adjoining the raised land. 20
(2) If the raised land adjoins land in more than 1 local government area, 21
the Minister must decide the local government for the land. 22
nundated land 23
I
12.(1) If inundated land adjoins the limits of a port, the land forms part 24
of the port for an Act applying to tidal water in the port. 25
(2) If inundated land is outside the limits of a port, the land forms part of 26
the tidal water for an Act applying to tidal water. 27
4 Reclaimed land is dealt with under section 130.
s 13 31 s 14
Land
(3) The registered owner of inundated land may suitably indicate where 1
the boundaries of the land are across the surface of the water. 2
(4) If the registered owner of inundated land has suitably indicated where 3
the boundaries of the land are, the registered owner may regulate or prohibit 4
the use or movement of ships in or over the water above the inundated land. 5
(5) To remove any doubt, it is declared that an interest in freehold land 6
immediately before the land becomes inundated land is not affected by the 7
inundation and neither the State nor a port authority is authorised to deal 8
with or give an interest in the land unless the State or port authority is the 9
registered owner of the land. 10
(6) In this section-- 11
"registered owner" of inundated land includes a lessee of the land. 12
to deal with land below high-water mark 13
Power
13. Land below high-water mark, other than inundated land, may be 14
leased, granted, occupied, sold or transferred only under the authority of an 15
Act. 16
HAPTER 2--LAND ALLOCATION 17
C
ART 1--ALLOCATION POWERS 18
P
in Council may grant land 19
Governor
14.(1) The Governor in Council may grant, in fee simple, unallocated 20
State land. 21
(2) The Governor in Council may also grant, in fee simple in trust, 22
unallocated State land for use for a community purpose. 23
(3) A grant under subsection (1) or (2) may not be made for-- 24
(a) land below high-water mark; or 25
(b) layers and strata above or below the surface of land. 26
s 15 32 s 18
Land
in Council may lease land 1
Governor
15.(1) The Governor in Council may-- 2
(a) lease unallocated State land for either a term of years or in 3
perpetuity; and 4
(b) lease land in a reserve for a term of years only. 5
(2) A lease below high-water mark may be granted only if-- 6
(a) it will not unduly affect safe navigation and sound development 7
of the State's waterways and ports; and 8
(b) the impact on marine infrastructure has been considered; and 9
(c) it would not have a detrimental effect on coastal management; and 10
(d) it is consistent with the intent of any relevant State management 11
plan. 12
(3) A lease for land below high-water mark is not an approval to reclaim 13
the land. 14
(4) A lease may state the purpose for which the land must be used. 15
appropriate tenure 16
Deciding
16.(1) Before land is allocated under this Act, the chief executive must 17
evaluate the land to assess the most appropriate tenure and use for the land. 18
(2) The evaluation must take account of State, regional and local planning 19
strategies and policies and the object of this Act. 20
land to the State 21
Granting
17. The Governor in Council may-- 22
(a) grant unallocated State land in fee simple to the State; and 23
(b) lease unallocated State land to the State. 24
in Council may exchange land 25
Governor
18.(1) The Governor in Council, by agreement with a registered owner, a 26
lessee or the holder of a native title interest in land, may grant or lease 27
s 19 33 s 21
Land
unallocated State land in exchange for freehold land, a lease or a native title 1
interest in land.5 2
(2) A power under subsection (1) may be exercised only if the State's 3
equity in land would not be reduced. 4
may buy land 5
Minister
19. The Minister, for the State, may buy land leased under this Act or 6
freehold land. 7
with mining interests 8
Dealing
20.(1) Even if there is a mining interest over unallocated State land, the 9
land is still unallocated State land for dealing with it under this Act. 10
(2) However, the dealing cannot affect-- 11
(a) the rights of the holder of the mining interest or the successors of 12
the holder; or 13
(b) an agreement made, or anything else done, under the Mineral 14
Resources Act 1989 or Petroleum Act 1923. 15
(3) In this section-- 16
"mining interest" means a permit, claim, licence, lease or other authority 17
held under the Mineral Resources Act 1989 or the Petroleum 18
Act 1923. 19
PART 2--RESERVATIONS 20
of minerals, petroleum etc. 21
Reservation
21. Each deed of grant, deed of grant in trust or lease issued under this 22
5 A deed of grant amended because of an exchange of land is issued under
section 358. A lease amended because of an exchange of land is amended under
section 360.
s 22 34 s 24
Land
Act is subject to the reservations and conditions authorised or required 1
under this or another Act.6 2
of quarry materials 3
Reservation
22.(1) A deed of grant or deed of grant in trust issued for land containing 4
quarry material owned by the State must contain a reservation of the quarry 5
material, other than topsoil, to the State. 6
(2) Subsection (1) applies to a deed of grant or deed of grant in trust 7
issued under section 3587 only if the land being surrendered is already 8
subject to the reservation mentioned in subsection (1). 9
for public purposes 10
Reservation
23.(1) A deed of grant, deed of grant in trust or lease issued under this 11
Act may be issued containing a reservation for a public purpose. 12
(2) Each reservation must be for a stated area, in size, but the grant or 13
lease need not identify the particular land reserved. 14
of reservations no longer needed 15
Disposal
24.(1) If a reservation for a public purpose in a deed of grant is no longer 16
needed for the purpose, the Governor in Council may sell all or part of the 17
land in the reservation to the registered owner of the deed of grant.8 18
(2) Alternatively, if the reservation is adequate in size to be used by a 19
person other than the registered owner and the registered owner does not 20
buy the land-- 21
(a) possession of all or part of the land reserved may be resumed; 22
6 Section 1.9(4) of the Mineral Resources Act 1989 and section 6 of the Petroleum
Act 1923 provide that each grant and lease issued under this Act is subject to the
reservation of the minerals and petroleum mentioned in the sections.
7 Section 358 is about getting a new deed of grant because of a surrender.
8 A deed of grant issued because of the disposal of a reservation is issued under
section 358.
s 25 35 s 26
Land
and 1
(b) the land resumed may be dealt with as unallocated State land. 2
of reservations by sale 3
Disposal
25.(1) If land is sold under section 24(1), the sale price for the land is the 4
unimproved value of the land decided by the Minister. 5
(2) The registered owner may appeal against the unimproved value. 6
(3) The unimproved value is the value-- 7
(a) if the registered owner applied to buy the land--on the day the 8
application was received by the Minister; or 9
(b) if the Minister made an offer to sell the land before the registered 10
owner applied to buy the land--on the day the offer was made. 11
may decide boundaries of reservations 12
Minister
26.(1) If the Governor in Council resumes possession of all or part of a 13
reservation and the boundaries of the reservation are not stated in the deed 14
of grant or deed of grant in trust, the Minister may decide the boundaries of 15
the reservation.9 16
(2) In deciding the boundaries of the land being resumed, the Minister 17
must consider the following matters unless the registered owner or trustee 18
of the land otherwise agrees with the Minister-- 19
(a) 1 of the boundaries should adjoin, or be, an existing road; 20
(b) the registered owner or trustee should not be deprived of access to 21
the land; 22
(c) the land to be resumed should be, as near as practicable, of the 23
average qualities and capabilities of all the land in the deed of 24
grant or deed of grant in trust. 25
(3) Written notice of the Minister's decision on the boundaries and the 26
reasons for the decision must be given to the registered owner or trustee. 27
9 Resumptions are dealt with in Chapter 5, Part 3, Division 3.
s 27 36 s 28
Land
(4) The registered owner or trustee may appeal against the Minister's 1
decision on the boundaries. 2
PART 3--NATIVE TITLE 3
4
Object
27. The object of this Part is to emphasise that land administered under 5
this Act must be dealt with in a way not inconsistent with the Native Title 6
Act 1993 (Cwlth) and the Native Title (Queensland) Act 1993. 7
with native title legislation 8
Interaction
28.(1) Any action taken under this Act must be taken in a way not 9
inconsistent with the Native Title Act 1993 (Cwlth) and the Native Title 10
(Queensland) Act 1993. 11
(2) To remove any doubt, it is declared that if native title exists over land, 12
the land may still be dealt with under this Act. 13
(3) However, subsection (2) is subject to subsection (1). 14
15
Example--
16
The issue of a permit under this Act, with appropriate conditions, could be a low
17
impact future act under the Native Title Act 1993 (Cwlth).
(4) In subsection (1)-- 18
"action" includes any of the following-- 19
(a) reserving land; 20
(b) dedicating land as a road; 21
(c) granting land; 22
(d) issuing a lease, permit or licence over unallocated State land, 23
reserve, road, national park, conservation park, State forest or 24
timber reserve; 25
(e) including a reservation in a deed of grant, deed of grant in trust or 26
lease; 27
s 29 37 s 29
Land
(f) disposing of a reservation no longer needed; 1
(g) renewing a lease; 2
(h) converting a lease to another form of tenure; 3
(i) including land in a lease or deed; 4
(j) approving a trustee lease or trustee permit; 5
(k) changing the purpose of a lease, licence, permit or reserve; 6
(l) issuing a tree clearing permit; 7
(m) actions above and below high-water mark and in layers or strata; 8
(n) offering or agreeing to carry out an action. 9
into consideration Aboriginal tradition and Islander custom 10
Taking
29.(1) If land is entered under Chapter 7, Part 1, Division 3,10 and the 11
land is registered in a native title register or has been transferred or granted 12
under the Aboriginal Land Act 1991 or the Torres Strait Islander Land 13
Act 1991, the entry must, to the extent possible, take Aboriginal traditions 14
and Islander customs into consideration. 15
(2) In this section-- 16
"native title register" means-- 17
(a) the National Native Title Register under the Native Title Act 1993 18
(Cwlth); and 19
(b) the part of the Queensland Native Title Register under the Native 20
Title (Queensland) Act 1993 about approved native title decisions. 21
10 Chapter 7, Part 1, Division 3 deals with the power of an authorised person to
enter and inspect land.
s 30 38 s 31
Land
HAPTER 3--RESERVES, DEEDS OF GRANT IN 1
C
TRUST AND ROADS 2
PART 1--RESERVES AND DEEDS OF GRANT IN 3
TRUST 4
1--General 5
Division
6
Object
30. The object of this Part is to-- 7
(a) enable unallocated State land to be dedicated as a reserve or 8
granted in fee simple in trust for community purposes; and 9
(b) ensure that reserves and land granted in trust are properly and 10
effectively managed-- 11
(i) by persons (the "trustees") who have some particular 12
association or expertise with the reserve or land and its 13
purpose or with the local community; and 14
(ii) in a way that is consistent with the purpose for which the 15
reserve was dedicated or the land was granted in trust; and 16
(c) ensure that the community purpose for which the reserve was 17
dedicated or the land was granted in trust is not diminished by 18
granting inappropriate interests over the reserve or land granted in 19
trust. 20
Division 2--Reserves 21
and adjustment of reserves 22
Dedication
31.(1) The Minister, by Gazette notice, may dedicate unallocated State 23
land to be a reserve for community purposes. 24
(2) The Minister, by Gazette notice, may change the-- 25
s 32 39 s 33
Land
(a) boundaries of, or the area contained in, a reserve; and 1
(b) purpose for which a reserve was dedicated. 2
leases over reserves 3
State
32.(1) The Governor in Council must not grant a lease over a reserve for 4
more than 30 years. 5
(2) A lease over a reserve must not contain a covenant, agreement or 6
condition-- 7
(a) to renew the lease; or 8
(b) to convert to another form of tenure (including freehold); or 9
(c) to buy the land. 10
(3) A lease over a reserve may be granted only if the lease-- 11
(a) would be consistent with the purpose for which the land was 12
reserved; or 13
(b) would facilitate or enhance the purpose for which the land was 14
reserved. 15
(4) Despite subsection (3), a lease may be granted over a reserve for a 16
purpose inconsistent with the purpose for which the reserve was dedicated 17
if-- 18
(a) the lease would not diminish the purpose; and 19
(b) no more improvements, other than improvements approved by 20
the Minister, are built or placed by the lessee on the leased part of 21
the reserve. 22
(5) If there is a trustee of the reserve, the trustee must be consulted before 23
the lease is granted. 24
of reserves 25
Revocation
33.(1) The Minister, by Gazette notice, may revoke all or part of a 26
reserve if-- 27
(a) it is no longer needed for a community purpose; or 28
(b) it is needed, in the public interest, for a different use. 29
s 34 40 s 36
Land
(2) If the Governor in Council has issued a lease over a reserve, the lease 1
must be surrendered or resumed before the reserve is revoked. 2
(3) If a reserve is revoked, the land becomes unallocated State land. 3
(4) If a reserve for cemetery purposes has been used for the purpose, it 4
may be revoked only by regulation. 5
of reserve cancels appointments, leases and permits 6
Revocation
34.(1) If a reserve is revoked, all appointments of trustees, trustee leases, 7
permits and trustee permits over the reserve are cancelled from the day the 8
revocation is notified in the Gazette. 9
(2) If there is a cancellation under subsection (1), the trustees and each 10
person who has a registered interest over the reserve must be-- 11
(a) given a copy of the Gazette notice; and 12
(b) if the Minister has allowed improvements to be 13
removed--advised of the time by which the trustee or person 14
must remove the improvements. 15
(3) If the improvements are not removed within the stated time, they 16
become the property of the State. 17
(4) Every cancellation of a trustee lease, permit or trustee permit over a 18
reserve must be registered in the appropriate register. 19
(5) No person has a right to claim compensation, for a cancellation under 20
subsection (1). 21
3--Deeds of grant in trust 22
Division
land in trust to be used for community purpose 23
Granting
35. Land granted in trust by the Governor in Council must be used in a 24
way consistent with the community purpose for which it was granted. 25
land with common purposes 26
Amalgamating
36.(1) If land to be granted in trust adjoins land contained in a deed of 27
s 37 41 s 38
Land
grant in trust for the same purpose, both areas of land may be included in a 1
single deed of grant in trust.11 2
(2) In this section-- 3
"adjoining land" includes land separated by a road or watercourse. 4
area from deed of grant in trust 5
Removing
37.(1) If the Minister is satisfied the area of a deed of grant in trust is 6
more than the area reasonably needed for the trust, the Minister may refer 7
the matter to the Court for a decision on whether the land is more than the 8
area reasonably needed, and if so, the part not needed. 9
(2) If the Court decides part of the land is surplus to the needs of the 10
trust, the Governor in Council may resume the surplus land under the 11
Acquisition of Land Act 1967. 12
(3) If land is resumed, compensation is payable only for improvements 13
and development work lawfully carried out by the trustee, or with the 14
trustees approval, on the resumed land. 15
a deed of grant in trust 16
Cancelling
38.(1) The Governor in Council, by Gazette notice, may cancel a deed of 17
grant in trust if-- 18
(a) the trust stops operating; or 19
(b) the affairs of the trust are not properly managed in the public 20
interest; or 21
(c) the land is used in a way inconsistent with the purpose of the 22
trust; or 23
(d) the Governor in Council considers it appropriate in the public 24
interest. 25
(2) Before cancelling a deed of grant in trust, the Governor in Council 26
may ask the Court for a decision on a matter mentioned in subsection (1)(a) 27
to (c). 28
11 A deed of grant issued because of amalgamation is issued under section 358.
s 39 42 s 40
Land
(3) If the deed of grant in trust is cancelled, then, from the day of 1
publication of the Gazette notice-- 2
(a) the land is released from the trust and all encumbrances and 3
interests; and 4
(b) the land may be dealt with as unallocated State land; and 5
(c) the trust is at an end; and 6
(d) all appointments of trustees and trustee leases and trustee permits 7
over the deed of grant in trust are cancelled. 8
(4) Every cancellation of trustees, a trustee lease or trustee permit over a 9
reserve must be registered in the appropriate register. 10
4--Deeds of grant in trust for Aboriginals and Torres Strait 11
Division
Islanders 12
of Division 13
Application
39. This Division applies only to deeds of grant in trust granted for the 14
benefit of Aboriginal and Islander inhabitants or for Aboriginal and Islander 15
purposes. 16
and land may be excluded 17
Improvements
40.(1) The following things may be excluded from a deed of grant in 18
trust when it is granted-- 19
(a) improvements owned by the State, other than buildings built for 20
the residence of Aboriginal or Islander inhabitants authorised to 21
live within the boundaries of the land granted, together with-- 22
(i) the land on which the improvements are located; and 23
(ii) a reasonable area of land surrounding the improvements; 24
and 25
(iii) adequate access to the improvements; and 26
(b) land consisting of aerodromes, landing strips, ports, roads, stock 27
s 41 43 s 43
Land
routes, bridges and railways. 1
(2) An exclusion may be by description rather than survey. 2
not needed 3
Survey
41.(1) A deed of grant in trust may be issued even if it has not been 4
surveyed. 5
(2) If the deed of grant is not surveyed before it is issued, the land must 6
be described in a way approved by the Minister. 7
(3) If a more accurate description of the land, including exclusions, 8
becomes available, the Registrar of Titles must substitute the description for 9
the previous description in the freehold land register. 10
of boundaries or roads 11
Change
42.(1) A regulation may change the location of the boundaries of a deed 12
of grant in trust or a road in or other thing excluded under section 40 from 13
the deed of grant in trust.12 14
(2) The regulation must not decrease the area of land granted in trust. 15
Parliament may delete land from or cancel an existing deed of 16
Only
grant in trust 17
43.(1) Only an Act may-- 18
(a) delete land from an existing deed of grant in trust; or 19
(b) cancel an existing deed of grant in trust. 20
(2) This section has effect despite sections 37 and section 38.13 21
12 A deed of grant issued because of a change of boundary or road is issued under
section 358.
Section 40 lists the things that may be excluded from a deed of grant in trust to
which this Division applies.
13 Section 37 is about removing an area from a deed of grant in trust and section 38
is about cancelling a deed of grant in trust.
s 44 44 s 46
Land
Division 5--Appointments, functions and removal of trustees 1
trustees 2
Appointing
44.(1) The Minister, by Gazette notice, may appoint trustees of trust land. 3
(2) A trustee may be-- 4
(a) a statutory body; or 5
(b) an incorporated body; or 6
(c) a group of individuals functioning under an official name 7
(`Trustees of . . .') approved by the Minister; or 8
(d) a named individual; or 9
(e) the holder of a named position. 10
(3) The Minister may appoint a trustee subject to conditions. 11
of trustees 12
Details
45.(1) The names and addresses of all trustees appointed under this Act 13
must be recorded in the appropriate register. 14
(2) A trustee must advise the chief executive if the trustee changes its 15
address. 16
(3) If an incorporated body is a trustee and it loses its incorporated status, 17
it must immediately advise the chief executive. 18
administrative functions 19
Trustee's
46.(1) A trustee's functions are to-- 20
(a) manage the trust land consistent with achieving the purpose of the 21
trust; and 22
(b) fulfil the trust within their conditions of appointment (if any); and 23
(c) control noxious plants on the trust land; and 24
(d) keep records required by the Minister or required under this and 25
other Acts. 26
s 47 45 s 48
Land
(2) A trustee has the responsibility for a duty of care for the trust land. 1
(3) Unless the Minister otherwise decides, a trustee's functions include 2
protecting and maintaining, so far as is reasonable, all improvements on the 3
trust land. 4
(4) The Minister may direct a trustee to erect signs on trust land 5
indicating the land has been granted in trust or dedicated as a reserve. 6
(5) The trustee must comply with the Minister's direction. 7
accounting functions 8
Trustee's
47.(1) The trustee of trust land must keep proper books of account and 9
have the books annually audited by a-- 10
(a) member of the Institute of Chartered Accountants; or 11
(b) member of the Australian Society of Certified Practicing 12
Accountants; or 13
(c) person approved by the chief executive. 14
(2) The trustee must give a copy of the audited financial statement to the 15
chief executive within 28 days after it has been finished. 16
(3) Subsections (1) and (2) apply only to trusts receiving yearly income 17
from the trust land greater than an amount prescribed under the regulations. 18
(4) If subsections (1) and (2) do not apply to a trust, the Minister may 19
ask the trustees to give the Minister a report of the financial activities of the 20
trust. 21
to give information and allow inspection of records 22
Trustees
48. The trustee of trust land must, if asked by the Minister-- 23
(a) prepare and give to the Minister a management plan for the trust 24
land; and 25
(b) at all reasonable times, make all trust records available for 26
inspection by the Minister and allow copies and notes of the 27
records to be made. 28
s 49 46 s 52
Land
audits 1
External
49. The trustee of trust land must, if asked by the Minister or required 2
under an Act-- 3
(a) allow the Auditor-General, or a person authorised by the chief 4
executive of a department, to audit the trusts' financial accounts; 5
and 6
(b) help the conduct of the audit, including the disclosure of bank 7
accounts necessary for the audit. 8
of office by trustee 9
Vacation
50.(1) A trustee of trust land is taken to have vacated office if-- 10
(a) the trustee dies, resigns by signed notice of resignation given to 11
the Minister, becomes incapable of acting or cannot be located; or 12
(b) if the trustee is an incorporated body--the incorporated body 13
ceases to exist. 14
(2) The Minister may appoint a new trustee to fill the vacated office. 15
of trustees 16
Removal
51.(1) The Minister may remove a trustee from office if the Minister is 17
satisfied-- 18
(a) the trustee has breached the conditions of the trust, the conditions 19
of appointment or this Act; or 20
(b) the removal is in the public interest. 21
(2) The Minister may appoint a new trustee in the place of the trustee 22
removed. 23
6--Powers of trustee 24
Division
powers of trustee 25
General
52.(1) The trustee of trust land may take all action necessary for the 26
maintenance and management of the land. 27
s 53 47 s 56
Land
(2) However, the action must be consistent with-- 1
(a) the purpose for which the reserve was dedicated or the land was 2
granted in trust; and 3
(b) this Act; and 4
(c) their conditions of appointment (if any). 5
body trustee powers 6
Statutory
53. If a statutory body is the trustee of trust land, the body may only 7
exercise, for the trust land, its powers that are not inconsistent with this Act. 8
power to sell trust land 9
No
54. The trustees of trust land are not authorised to dispose of the trust 10
land. 11
to surrender 12
Power
55.(1) The trustees of a deed of grant in trust, with the Minister's written 13
approval, may surrender all or part of the land. 14
(2) If part of the land is surrendered, the deed of grant in trust remains in 15
force for the land not surrendered and the Registrar of Titles must make an 16
appropriate recording in the freehold land register. 17
by-laws 18
Model
56.(1) The Governor in Council, by regulation, may make model 19
by-laws for trust land. 20
(2) Without limiting subsection (1), a model by-law may be made about 21
the following matters-- 22
(a) the protection and use of trust land, including buildings on trust 23
land; 24
(b) regulating the business and management of trusts; 25
(c) penalties, not more than 100 penalty units, for the contravention 26
of a model by-law. 27
s 57 48 s 57
Land
(3) A model by-law may state that all or part of trust land is a public 1
place within the meaning of an Act-- 2
(a) conferring or imposing on police officers powers or duties about 3
public places; or 4
(b) providing for the punishment of offences committed in public 5
places. 6
(4) If a local government is the trustee it may-- 7
(a) make local laws for the trust land under the Local Government 8
Act 1993 or the City of Brisbane Act 1924; and 9
(b) adopt a model by-law. 10
(5) If a local government adopts a model by-law, it must follow the 11
procedure under the Local Government Act 1994 for adopting a model local 12
law when it adopts the model by-law. 13
(6) A local law made under subsection (4)(a) must not be inconsistent 14
with this Act. 15
(7) A trustee other than a local government, in the way prescribed under 16
the regulations, may adopt as its by-laws all or any of the model by-laws. 17
(8) A model by-law has no effect unless it is adopted in the prescribed 18
way. 19
(9) In a proceeding, a copy of a public notice about the adoption of a 20
model by-law is-- 21
(a) evidence of the information in the notice; and 22
(b) evidence that the model by-law had been properly adopted. 23
7--Trustee leases and trustee permits 24
Division
leases 25
Trustee
57.(1) A trustee may lease all or part of the trust land if the trustee first 26
obtains the Minister's written `in principle' approval to the lease. 27
(2) The Minister's approval may include conditions. 28
s 58 49 s 59
Land
(3) Each trustee lease must be endorsed with the Minister's approval 1
before it is registered in the appropriate register. 2
transactions a trustee may allow 3
Other
58.(1) A trustee lessee may transfer, mortgage or sublease a trustee lease 4
if the trustee lessee first obtains-- 5
(a) the trustee's written approval to the transaction; and 6
(b) if the trustee does not have a written authority under 7
section 6414--the Minister's written approval to the transaction. 8
(2) The Minister and the trustee's written approvals may include 9
conditions. 10
(3) If the Minister refuses to approve the transfer, mortgage or sublease, 11
written notice of the Minister's decision and the reasons for the decision 12
must be given to the trustee lessee. 13
(4) A trustee lessee may appeal against the Minister's decision. 14
(5) Each transaction must be registered in the appropriate register. 15
of Ministerial approval 16
Basis
59.(1) The Minister may approve a trustee lease or transaction under 17
sections 57 and 58 only if the trustee lease or transaction-- 18
(a) would be consistent with the purpose for which the land was 19
reserved or granted in trust; and 20
(b) would facilitate or enhance the purpose for which the land was 21
reserved or granted in trust. 22
(2) Despite subsection (1), the Minister may approve a trustee lease or a 23
sublease for a purpose inconsistent with the purpose for which the trust land 24
was dedicated or granted only if-- 25
(a) the lease or sublease would not diminish the purpose; and 26
(b) all further improvement built or placed by the lessee on the part of 27
14 Under section 64, the Minister may give a trustee a `standing authority' to
sublease.
s 60 50 s 62
Land
the trust land that is leased or subleased are first approved by the 1
Minister. 2
permits 3
Trustee
60.(1) A trustee may issue a trustee permit for the use of all or part of 4
trust land. 5
(2) A trustee permit must not be inconsistent with the community 6
purpose of the trust land and the guidelines prescribed under the regulations. 7
(3) If a trustee permit is for more than 3 months, the trustee must lodge a 8
copy of the permit for registration in the appropriate register. 9
on trustee leases and trustee permits 10
Conditions
61.(1) A trustee lease or sublease must not be for more than 30 years. 11
(2) A trustee lease or sublease must not contain a covenant, agreement or 12
condition-- 13
(a) to renew the lease; or 14
(b) to convert to another form of tenure (including freehold); or 15
(c) to buy the land. 16
(3) It is a condition of every trustee lease, sublease and trustee permit that 17
the lessee, sublessee or permittee holds the lease, sublease or permit so that 18
the land may be used for the community purpose for which it was reserved 19
or granted in trust without undue interruption or obstruction. 20
(4) The condition mentioned in subsection (3) does not apply to a 21
building permitted to be built on the land. 22
trust land 23
Grouping
62.(1) The chief executive, if asked by a trustee, may approve the 24
grouping of trust land, with the same or complementary purposes, under 25
the control of the trustee. 26
(2) A grouping may be approved only if the chief executive is satisfied 27
the grouping will enhance the financial and general management of the trust 28
land sought to be grouped. 29
s 63 51 s 65
Land
(3) The chief executive may cancel an approval to group trust land. 1
(4) If an approval is cancelled, the trust lands are no longer grouped. 2
to be charged 3
Rent
63.(1) A trustee may keep the rent paid under a trustee lease or trustee 4
permit. 5
(2) The rent must be the highest rent that can reasonably be obtained, 6
having regard to the use and the community benefit and purpose of the 7
trustee lease or trustee permit. 8
(3) Unless the Minister first gives written approval, rent received from a 9
trustee lease or trustee permit over trust land must be spent on the 10
maintenance or enhancement of the trust land or grouped trust land. 11
(4) Subsection (3) does not apply if the trustee is a-- 12
(a) department; or 13
(b) statutory body prescribed under the regulations. 14
may dispense with approval 15
Minister
64.(1) If the Minister considers it appropriate, the Minister may give a 16
trustee a written authority dispensing with the need to obtain the Minister's 17
approval for trustee leases. 18
(2) If the Minister gives an authority, a trustee lease must be consistent 19
with the purpose of the trust land and the guidelines prescribed under the 20
regulations. 21
(3) The Minister, by written notice, may withdraw the authority. 22
(4) A trustee may apply for approval to lease trust land even if an 23
authority is in force. 24
of a trustee lease or trustee permit 25
Cancellation
65.(1) A trustee may cancel a trustee lease or trustee permit if the lessee 26
or permittee does not comply with the conditions of the lease or permit. 27
(2) The Minister may also cancel a trustee lease or trustee permit if-- 28
s 66 52 s 67
Land
(a) the lessee or permittee does not comply with the conditions of the 1
lease or permit; or 2
(b) the Minister is satisfied cancellation would be in the public 3
interest. 4
(3) If a trustee lease or trustee permit is cancelled, no person has a right 5
to a claim for compensation. 6
(4) Every cancellation of a trustee lease or trustee permit must be 7
registered in the appropriate register. 8
to remove improvements on cancellation 9
Right
66.(1) If a trustee lease or trustee permit is cancelled by the trustee, the 10
trustee may allow the trustee lessee or trustee permittee to remove the 11
trustee lessee's or trustee permittee's improvements on the land within a 12
reasonable time stated by the trustee. 13
(2) If a trustee lease or trustee permit is cancelled by the Minister, the 14
Minister may allow the trustee lessee or trustee permittee to remove the 15
trustee lessee's or trustee permittee's improvements on the land within a 16
reasonable time stated by the Minister. 17
(3) If the improvements are not removed within the stated time, they 18
become the property of the trustee. 19
8--Mortgaging trust land 20
Division
to mortgage trust land 21
Power
67.(1) A trustee of a reserve must not mortgage the reserve. 22
(2) A trustee of a deed of grant in trust, issued before the commencement 23
of this Act, may mortgage the deed of grant in trust. 24
(3) A trustee may also mortgage a deed of grant in trust issued after the 25
commencement if the deed-- 26
s 68 53 s 69
Land
(a) was issued because of a surrender under section 35815 and the 1
deed being surrendered was issued before the commencement; or 2
(b) was issued under section 493.16 3
(4) Despite subsections (2) and (3), a trustee may mortgage a deed of 4
grant in trust only if the Minister has approved the mortgage. 5
(5) The Minister's approval may be subject to conditions. 6
(6) Amounts raised by mortgaging trust land must be used on the trust 7
land and for the purpose for which the trust was granted. 8
in possession 9
Mortgagee
68.(1) If a trustee defaults under a mortgage over a deed of grant in trust, 10
the mortgagee must give the Minister 28 days notice of the mortgagee's 11
intention to exercise its powers under the mortgage. 12
Maximum penalty--5 penalty units. 13
(2) A mortgagee must not sell a deed of grant in trust until payment has 14
been made to the State of the amount of the unimproved value of the land 15
on the day the notice was given under subsection (1). 16
(3) However, the Minister may allow a sale of the deed of grant in trust 17
to proceed before payment of the amount of the unimproved value of the 18
land is made, if the mortgagee gives the Minister security or an undertaking, 19
to the Minister's satisfaction, that payment of the amount will be made on 20
completion of the sale. 21
is the unimproved value 22
What
69.(1) The Minister must decide the unimproved value. 23
(2) The unimproved value must be calculated as if the land were not 24
restricted by the trust. 25
(3) The mortgagee may appeal against the Minister's decision. 26
15 Section 358 allows a registered owner or trustee to surrender land in certain
circumstances in exchange for a new deed.
16 Section 493 deals with the automatic issue of new tenures under this Act.
s 70 54 s 72
Land
by mortgagee in possession 1
Sale
70.(1) If a mortgagee complies with section 68, the mortgagee may sell 2
the deed of grant in trust.17 3
(2) The mortgagee must first offer the deed of grant in trust for sale by 4
public auction. 5
(3) The deed of grant must not be offered for sale by public auction until 6
at least 28 days after the mortgagee has published a notice, in the newspaper 7
that has the largest circulation in the locality of the land, that the land is for 8
sale. 9
(4) The mortgagee is authorised to sign a surrender of the deed of grant 10
in trust. 11
of sale 12
Effect
71. When the land is sold-- 13
(a) the trust is at an end; and 14
(b) all appointments of trustees are cancelled from the day the land is 15
sold; and 16
(c) the buyer is entitled to have a new deed of grant issued in the 17
buyer's name and released from the trust but subject to other 18
registered encumbrances that have not been released; and 19
(d) the Minister may appoint a person under section 74 to sell other 20
property or assets of the trust.18 21
of sale price 22
Disposal
72. Anything remaining after the following amounts have been paid 23
must be paid to the State-- 24
(a) the amount of the unimproved value of the deed of grant in trust; 25
17 Section 68 is about the notice a mortgagee in possession must give before
exercising powers under the mortgage.
18 Section 74 is about how the Minister appoints a liquidator to wind-up the affairs
of a trust.
s 73 55 s 75
Land
(b) the amount of the mortgage debt; 1
(c) the expenses incurred in selling the land; 2
(d) all other reasonable deductions. 3
Division 9--Winding-up trusts of trust land 4
of Division 5
Application
73. This Division applies to trusts of trust land. 6
may start winding-up 7
Minister
74.(1) The Minister, by Gazette notice (the "liquidation notice"), may 8
appoint a person (the "liquidator") to wind-up the affairs of a trust if a-- 9
(a) reserve is revoked; or 10
(b) deed of grant in trust is cancelled; or 11
(c) deed of grant in trust is sold by a mortgagee in possession. 12
(2) The Minister must-- 13
(a) give a copy of the liquidation notice to every person who has a 14
registered interest in the trust land; and 15
(b) advise every trustee lessee and trustee permittee of the trust land 16
of their rights to remove their improvements from the trust land. 17
vests in liquidator 18
Property
75.(1) All the property of the trust and all the trustee's powers and 19
obligations that, immediately before the day the liquidation notice was 20
published, were vested in the trustee, or someone else for the trustee, vest in 21
the liquidator. 22
(2) However, a trustee lessee or trustee permittee may remove their 23
improvements from the land if-- 24
(a) the trustee lease or trustee permit gave the trustee lessee or trustee 25
permittee the right to remove the improvements at the expiry of 26
s 76 56 s 78
Land
the lease; and 1
(b) the trustee lessee or trustee permittee removes the improvements 2
within 28 days after the liquidation notice was published. 3
(3) To remove any doubt, it is declared that trust land is not part of the 4
property of a trust. 5
of trust assets 6
Sale
76.(1) The liquidator must sell all the trust property and apply the 7
proceeds of the sale towards payment of-- 8
(a) firstly, the costs and expenses of the winding-up; and 9
(b) secondly, the amount owing to any mortgagee (other than a 10
mortgagee under section 70) or, if more than 1 mortgagee, 11
according to their priorities; and19 12
(c) thirdly, the debts and obligations of the trust. 13
(2) If an amount remains, the liquidator must pay the amount to the State 14
for disposal as the Minister considers appropriate. 15
to help in winding-up 16
Trustees
77. The trustees of the trust, and anyone else materially affected by the 17
winding-up, must do all things necessary to help the winding-up. 18
Maximum penalty--5 penalty units. 19
may continue after revocation, cancellation or sale 20
Winding-up
78. The liquidator may continue to wind-up the trust even if the-- 21
(a) reserve has been revoked; or 22
(b) deed of grant in trust has been cancelled; or 23
(c) trust land has been sold by the mortgagee in possession. 24
19 Section 70 is about how a mortgagee in possession can sell a deed of grant in
trust.
s 79 57 s 82
Land
10--Cemeteries 1
Division
registers 2
Cemetery
79.(1) The trustee of trust land for cemetery purposes must keep a 3
register of all burials in the cemetery. 4
(2) The trustees must make the register available for public inspection at 5
all reasonable times. 6
(3) If a trust for cemetery purposes is wound up, the register must be 7
sent to the State Archivist and held for public access. 8
may remove structures 9
Trustee
80.(1) A trustee may repair or remove structures, monuments or 10
tombstones from a cemetery if the repair or removal is necessary for public 11
health and safety. 12
(2) Subsection (1) is subject to the Queensland Heritage Act 1992. 13
to close or re-open cemetery 14
Application
81.(1) The trustee of trust land for cemetery purposes may ask that a 15
cemetery be closed to further burials. 16
(2) If the Minister is satisfied the cemetery should be closed, the Minister 17
may close the cemetery by Gazette notice. 18
(3) Subsection (2) does not affect a right to be buried in the cemetery if 19
the right existed at the time of the closure. 20
(4) If asked by the trustees, the Minister, by Gazette notice, may re-open 21
the cemetery for burials. 22
(5) A cemetery that was closed under an Act that has been repealed may 23
be re-opened under this Act. 24
may transfer trust to local government 25
Trustees
82. The trustees of a cemetery may transfer their trusteeship to a local 26
government-- 27
s 83 58 s 85
Land
(a) if the Minister, the trustee and the local government agree; and 1
(b) under the conditions agreed to between the parties. 2
3
Exhumations
83.(1) If a local government has not made a local law about authorising 4
the exhumation of human remains from trust land for cemetery purposes, 5
the Minister, on the written application of a person, may give written 6
approval to the exhumation of the human remains. 7
(2) A person improperly deals with human remains under section 236 of 8
the Criminal Code if the person exhumes human remains from trust land 9
for cemetery purposes other than under-- 10
(a) an approval of the Minister; or 11
(b) a local law or another Act. 12
Division 11--Other grants for public purposes 13
of land still needed for a public purpose 14
Surrender
84.(1) The trustees of land granted for an estate in fee simple for some 15
community, public or similar purpose may apply to the Minister to 16
surrender the land to the State, and for the issue of a deed of grant in trust 17
under this Act for a community or public purpose, if-- 18
(a) the land has been used for a public, community or similar 19
purpose; but 20
(b) it is not known under what authority the trust was created over the 21
land. 22
(2) If the Minister is satisfied that the trustees are deceased, untraceable, 23
unknown or incapable of acting, a person in the community concerned may 24
make the application. 25
of land no longer needed for a public purpose 26
Surrender
85.(1) The Minister is authorised to sign a surrender of land, if the 27
Minister is satisfied-- 28
s 86 59 s 88
Land
(a) the land was granted for an estate in fee simple for some 1
community, public or similar purpose; and 2
(b) the land has been used for the purpose; and 3
(c) the trustees of the land are deceased, untraceable, unknown or 4
incapable of acting; and 5
(d) the land is no longer needed for a public, community or similar 6
purpose. 7
(2) The surrendered land may be dealt with as unallocated State land. 8
notice of proposed surrender 9
Public
86. The Minister may accept the surrender of, or may sign a surrender 10
of, land mentioned in this Division if the Minister is satisfied-- 11
(a) the land is not subject to an encumbrance that would prevent the 12
land from being surrendered or, if the land is encumbered, the 13
encumbrancee has given written approval to the surrender; and 14
(b) the interests of any occupiers have been taken into consideration; 15
and 16
(c) notice of the intention to surrender has been adequately advertised 17
in a newspaper the Minister considers appropriate and the 18
Gazette. 19
of surrender 20
Effect
87. On the surrender of land under this Division-- 21
(a) the trust is at an end; and 22
(b) the land is released from the trust; and 23
(c) all appointments of trustees are cancelled; and 24
(d) all encumbrances are discharged. 25
with land used as a cemetery 26
Dealing
88. If land mentioned in this Division was granted for cemetery purposes 27
and the land has been used for burials or memorials, the Minister must 28
s 89 60 s 92
Land
dedicate the part of the land that has been used for cemetery purposes as a 1
reserve for cemetery purposes. 2
Division 12--Miscellaneous 3
of trust land 4
Survey
89 . The Minister may require trust land to be surveyed, at the cost of the 5
persons who are to be the trustees, before the land is dedicated or granted. 6
of Acts to trustees 7
Application
90. The Trusts Act 1973 and the Financial Administration and Audit 8
Act 1977 do not and are taken never to have applied to trustees and trusts 9
under this Part. 10
taken to be owners for legal proceedings 11
Trustees
91. A trustee under this Part is taken, for legal proceedings, to be the 12
owner of the trust land. 13
from liability 14
Protection
92.(1) A trustee appointed by the Minister under this Part does not incur 15
civil liability for an act done, or omission made, honestly and without 16
negligence under this Act. 17
(2) If subsection (1) prevents a civil liability attaching to the trustee, the 18
liability attaches instead to the State. 19
(3) Subsection (1) does not apply to a statutory or incorporated body. 20
s 93 61 s 95
Land
ART 2--ROADS 1
P
Division 1--Dedicating and opening roads 2
of "road" 3
Meaning
93.(1) A "road" means an area of land, whether surveyed or 4
unsurveyed-- 5
(a) dedicated, notified or declared to be a road for public use; or 6
(b) taken under an Act, for the purpose of a road for public use. 7
(2) The term includes-- 8
(a) a street, esplanade, reserve for esplanade, highway, pathway, 9
thoroughfare, track or stock route; and 10
(b) a bridge, causeway, culvert or other works in, on, over or under a 11
road; and 12
(c) any part of a road. 13
of road by Gazette notice 14
Dedication
94.(1) The Minister, by Gazette notice, may dedicate unallocated State 15
land as a road for public use. 16
(2) The land is open as a road for public use on the day the notice is 17
gazetted. 18
vest in the State 19
Roads
95. The land in all roads dedicated and opened for public use under the 20
following Acts vests in, or remains vested in, the State-- 21
(a) this Act, or an Act repealed by this Act or repealed by the 22
repealed Act; 23
(b) the Land Title Act 1994. 24
s 96 62 s 99
Land
in existing leases are dedicated 1
Roads
96.(1) If a road is shown on an existing lease or an existing lease 2
mentions a plan and the plan shows a road is excluded from the lease, the 3
road is taken to have been always dedicated as a road and open for public 4
use. 5
(2) If the width of the road is not shown on the lease or plan, the width is 6
taken to be 60 m. 7
(3) If a better description of the location of a road becomes available, the 8
Minister, by Gazette notice, may declare the location of the road is amended 9
by the description stated in the notice. 10
of road status 11
Clarification
97. If there is doubt about whether or not land has been dedicated and 12
opened for public use as a road, the Minister may refer the issue to the 13
Court for a decision. 14
Division 2--Closing roads 15
of road by Gazette notice 16
Closure
98.(1) If, after proper inquiry and the public notice the Minister considers 17
appropriate, the Minister is satisfied a road is not needed, the Minister, by 18
Gazette notice, may permanently or temporarily close the road. 19
(2) The Minister may close the road without receiving an application by 20
an adjoining owner. 21
(3) The road is closed from the day the Gazette notice is published. 22
to close by adjoining owner 23
Application
99.(1) The registered owner, lessee or trustee of land adjoining a road 24
may apply (a "road closure application") to the Minister for the 25
temporary or permanent closure of the road and the issue of a road licence 26
or inclusion of the road permanently closed with the land of the applicant. 27
(2) The Minister may refuse a road closure application if the Minister is 28
s 100 63 s 100
Land
satisfied-- 1
(a) the application is vexatious or frivolous; or 2
(b) the closure is not needed as an integral part of a substantial 3
development; or 4
(c) no real economical benefit to the State is likely because of the 5
closure; or 6
(d) the closure would be of no particular benefit to the local 7
community. 8
notice of closure 9
Public
100.(1) If the Minister is satisfied a road closure application should 10
proceed, the Minister must-- 11
(a) give appropriate public notice of the application; and 12
(b) make appropriate enquiries about the effect the closure would 13
have. 14
(2) Alternatively, the Minister may accept appropriate public notice of the 15
application and appropriate enquiries about the closure, that have been 16
carried out by the applicant. 17
(3) The public notice must include the following information-- 18
(a) that a person may object to the application; 19
(b) the closing day for objections; 20
(c) where the objection must be lodged. 21
(4) In this section-- 22
"appropriate enquires" includes notifying each registered owner and 23
lessee whose land adjoins the road. 24
"appropriate public notice" includes-- 25
(a) notification in the Gazette; and 26
(b) placing and keeping a notice in a conspicuous place on or near the 27
road. 28
s 101 64 s 104
Land
to consider objections 1
Minister
101.(1) The Minister must consider all objections properly made to the 2
proposed road closure. 3
(2) The Minister may approve or refuse the road closure application. 4
(3) However, the Minister must refuse the road closure application if the 5
Minister is satisfied the road is still needed. 6
application 7
Changing
102. In deciding an application, the Minister may change a road closure 8
application in the way the Minister considers appropriate. 9
3--Temporarily closed roads 10
Division
of road licence 11
Issue
103.(1) The Minister may issue a road licence over a temporarily closed 12
road only to an adjoining owner. 13
(2) However, the Minister need not issue the road licence only to the 14
adjoining owner who applied for the road closure. 15
of issuing road licence 16
Conditions
104. A road licence is subject to the following conditions-- 17
(a) it must not contain a covenant, agreement or condition to renew 18
the road licence, or to convert it to another form of tenure, or to 19
buy the land; 20
(b) no more structural improvements, other than boundary fences, 21
are permitted on the road temporarily closed; 22
(c) if the person holding the licence transfers or sells the land 23
adjoining the road licence--the person must-- 24
(i) also transfer the road licence to the new registered owner or 25
lessee of the adjoining land; or 26
s 105 65 s 107
Land
(ii) surrender the road licence at the time the sale is settled; 1
(d) any other conditions the Minister considers appropriate. 2
closed road still dedicated land 3
Temporarily
105. If a road is temporarily closed, the land comprising the road is still 4
land that is dedicated as a road for public use even though the public cannot 5
use the road as a road until it is reopened. 6
or surrender of road licence 7
Cancellation
106.(1) The Minister may cancel a road licence, after giving reasonable 8
notice to the licensee, if-- 9
(a) the Minister is satisfied the road is again needed for public use as 10
an open road; or 11
(b) the licensee breaches the conditions of the licence; or 12
(c) the licensee contravenes this Act.20 13
(2) No compensation is payable for the cancellation of a road licence. 14
(3) A licensee, with the Minister's written approval, may surrender a 15
road licence. 16
(4) If a road licence is surrendered or cancelled, the road remains 17
temporarily closed. 18
a temporarily closed road 19
Reopening
107. The Minister, by Gazette notice, may reopen a temporarily closed 20
road. 21
20 A road licence may also be cancelled for non-payment of rent. See Chapter 5,
Part 1, Division 4.
s 108 66 s 109
Land
4--Permanently closed roads 1
Division
with permanently closed road 2
Dealing
108.(1) If the Minister is satisfied land in a permanently closed road is of 3
adequate area, having regard to the location of the land and the use made of 4
adjoining land, to be used as a separate parcel of land, the land may be dealt 5
with as unallocated State land. 6
(2) If the Minister is not satisfied land in a permanently closed road is of 7
adequate area, having regard to the location of the land and the use made of 8
adjoining land, to be used as a separate parcel of land, the land may be-- 9
(a) sold to 1 or more adjoining registered owners or lessees who 10
have a freeholding lease; and 11
(b) with or without the payment of a cash premium as the Minister 12
considers appropriate--leased to 1 or more adjoining lessees. 13
(3) If the land is sold or leased under subsection (2), it is a condition of 14
the sale or lease that the land be amalgamated with the existing title of the 15
buyer or lessee.21 16
(4) The buyer or lessee may also apply for the land in the closed road to 17
be amalgamated into a single title with land owned or leased by the buyer or 18
lessee. 19
(5) The Minister must decide the purchase price or the cash premium. 20
5--Road repositioning 21
Division
opening and closing of road 22
Simultaneous
109.(1) This section applies if-- 23
(a) a road is being opened in a deed of grant; and 24
(b) in an adjoining deed of grant a road closure is happening at the 25
same time in or adjoining the deed of grant; and 26
21 A deed of grant issued because of including permanently closed road is issued
under section 358. A lease amended because of including permanently closed
road is amended under section 360.
s 110 67 s 110
Land
(c) the road to be opened is in substitution for the road being closed; 1
and 2
(d) both the land in which the road is being opened, and the land in or 3
adjoining the road to be closed, are owned by the same registered 4
owner. 5
(2) If asked by the registered owner, the Minister may include, in the 6
deed of grant containing the road to be closed-- 7
(a) any severance of land created by the road opening; and 8
(b) the land in the road being closed.22 9
(3) The Minister's approval may be subject to conditions. 10
(4) Section 50 of the Land Title Act 1994 and Part 5 of the Local 11
Government (Planning and Environment) Act 1990 do not apply to the 12
repositioning of a road under this section.23 13
(5) In this section-- 14
"adjoining" includes deeds of grant separated only by a road. 15
6--Building of roads in State developments 16
Division
may build roads 17
Minister
110.(1) The Minister may authorise the building and maintenance of a 18
road serving land made or to be made available under this or another Act. 19
(2) The Minister, and a person acting under the Minister's authority, has 20
the same liability, and the same duties, as a local government for a matter 21
under this Division. 22
(3) If the Minister authorises a road to be built, it must be built to at least 23
the standard applying to similar roads in the local government area. 24
22 A deed of grant issued because of simultaneously opening and closing a road is
issued under section 358.
23 Section 50 of the Land Title Act 1994 and Part 5 of the Local Government
(Planning and Environment) Act 1990 are about requirements for the registration
of plans of subdivision.
s 111 68 s 113
Land
road comes under local government control 1
When
111.(1) After a road, authorised by the Minister, has been built, the 2
Minister may fix a day from which the Local Government Act 1993 applies 3
to the road. 4
(2) From the day fixed-- 5
(a) a regulation made for a purpose relating to the building of the 6
road stops applying to the road; and 7
(b) the Local Government Act 1993 applies to the road as if it had 8
been built by the relevant local government. 9
CHAPTER 4--LAND HOLDINGS 10
ART 1--MAKING LAND AVAILABLE 11
P
Division 1--Interests in land available by competition 12
in land available by auction, tender or ballot 13
Interests
112. The following interests in land may be made available by public 14
auction, tender or ballot-- 15
(a) an estate in fee simple, a lease or a permit of, or over, unallocated 16
State land; 17
(b) a term lease of a reserve. 18
notice of availability to be given 19
Public
113.(1) The Minister must advertise the intention to make an interest in 20
land available by auction, tender or ballot. 21
(2) The advertisement must be-- 22
(a) before the auction, tender or ballot takes place; and 23
s 114 69 s 115
Land
(b) in the Gazette (the "sale notice") and in a newspaper the Minister 1
considers appropriate. 2
to be included in sale notice 3
Information
114.(1) The sale notice must include the following information-- 4
(a) the conditions of the auction, tender or ballot; 5
(b) the conditions attaching to the interest being made available; 6
(c) any restrictions on eligibility to bid, tender or take part in the 7
ballot; 8
(d) the time and place where the auction will be held; 9
(e) other appropriate information about the auction, tender, ballot or 10
interest. 11
(2) If the sale notice is for a ballot or a sale by tender, it must also include 12
the following information-- 13
(a) the closing day for applications; 14
(b) the time and place for lodging applications. 15
of sale 16
Conditions
115.(1) The following conditions apply to a sale by public auction-- 17
(a) the highest bid at auction that is at least the reserve price or the 18
reserve cash premium is the sale price; 19
(b) the deposit and other fees or payments, for survey or 20
improvements, must be paid within the time stated in the sale 21
notice; 22
(c) the buyer must be eligible to hold the interest under this Act and 23
meet all other restrictions stated in the sale notice; 24
(d) the appropriate forms must be completed and lodged within the 25
time stated in the sale notice. 26
(2) If the interest sold is a lease or permit-- 27
s 116 70 s 118
Land
(a) the amount bid at auction does not include the rent stated in the 1
sale notice; and 2
(b) the rent stated is payable in the usual way. 3
in land may be sold after auction 4
Interests
116.(1) If an interest in land is not sold at public auction, the interest may 5
be sold-- 6
(a) by accepting the best offer made after the auction that is at least 7
the reserve price or reserve cash premium; or 8
(b) by reducing the reserve, advertising the reduced reserve in the 9
newspaper in which the auction was advertised and accepting the 10
best offer that is at least the new reserve price or new reserve cash 11
premium. 12
(2) The conditions of sale stated in the sale notice also apply to the sale. 13
may be withdrawn from auction, tender or ballot 14
Interest
117. Even if an interest in land has been advertised for ballot or sale by 15
public auction or tender, the interest may be withdrawn from sale by the 16
Minister-- 17
(a) before it is auctioned, before the closing day of tenders or before a 18
ballot is conducted; or 19
(b) if not sold--after the auction. 20
against exclusion from ballot or tender 21
Appeal
118.(1) Before a ballot is conducted or a tender concluded, the Minister 22
must give each applicant a notice advising whether or not they are to be 23
included in the ballot or tender. 24
(2) If the Minister decides to exclude a person from a ballot or tender, the 25
person must be given written notice of the decision and the reasons for the 26
decision. 27
(3) An applicant who has been advised he or she is excluded from a 28
ballot or tender may appeal against the decision to exclude the applicant. 29
s 119 71 s 121
Land
(4) The ballot or tender may proceed-- 1
(a) if no appeal has been lodged--after the last day for lodging an 2
appeal; or 3
(b) if an appeal has been lodged--after the appeal has been decided. 4
of ballot 5
Conduct
119. A ballot must be conducted in the way prescribed under the 6
regulations. 7
to winner of ballot or tender 8
Offer
120.(1) The winner of a ballot or tender must be made an offer on the 9
terms stated in the sale notice. 10
(2) If the offer is refused-- 11
(a) the applicant's deposit is forfeited to the State; and 12
(b) the Minister may-- 13
(i) otherwise deal with the land under this Act; or 14
(ii) if the offer was made because of a ballot--re-ballot the land. 15
(3) Only the applicants included in the earlier ballot, other than the 16
applicant who refused the offer, are to be included in the re-ballot. 17
(4) An applicant who is eligible to be included in the re-ballot, by written 18
notice to the Minister, may withdraw from the re-ballot. 19
Division 2--Interests in land available without competition 20
of unallocated State land 21
Leases
121.(1) A lease of unallocated State land may be granted without 22
competition if-- 23
(a) the land is needed for a public purpose; or 24
(b) the Minister decides-- 25
(i) the land is not needed for a public purpose; and 26
s 122 72 s 123
Land
(ii) the intended use is the most appropriate use of the land; and 1
(iii) exposure to public competition is inappropriate or 1 or more 2
of the priority criteria apply.24 3
(2) To remove any doubt, it is declared that a lease may be granted to the 4
State, without competition. 5
of grant of unallocated State land 6
Deeds
122.(1) A deed of grant of unallocated State land may be granted without 7
competition if the Minister decides-- 8
(a) the land is not needed for a public purpose; and 9
(b) the intended use is the most appropriate use of the land; and 10
(c) 1 or more of the priority criteria apply. 11
(2) The Minister must decide the purchase price for the land. 12
(3) To remove any doubt, it is declared that a deed of grant may be 13
granted to the State, without competition. 14
criteria 15
Priority
123. For sections 121 and 122-- 16
"priority criteria" are-- 17
(a) the applicant is an adjoining registered owner or lessee, and 18
selling or leasing to anyone else would be considered inequitable; 19
or 20
(b) no other persons are likely to be interested in obtaining the land; 21
or 22
(c) there is no dedicated access and the only practical access is 23
through the applicant's land. 24
24 The priority criteria is set out in section 123.
s 124 73 s 127
Land
of State forests and national parks 1
Leases
124. If land has been surrendered by a person and has been reserved as 2
State forest or dedicated as national park, the person may be granted, 3
without competition, a lease over all or part of the forest or park. 4
of grant in trust and leases over reserves 5
Deeds
125.(1) A deed of grant in trust may be granted without competition. 6
(2) A lease of a reserve may be granted without competition. 7
port land 8
Strategic
126.(1) If land above high-water mark is needed as strategic port land for 9
a port authority, the port authority may be given, without competition, either 10
a lease or deed of grant. 11
(2) However, if land below high-water mark is needed as strategic port 12
land for a port authority, the port authority may be given, without 13
competition, only a lease. 14
land 15
Reclaimed
127.(1) If a person has reclaimed land under the authority of an Act, the 16
Governor in Council may issue to the person, without competition, a deed 17
of grant or a lease over all or part of the land. 18
(2) When granting the reclaimed land, the Governor in Council may 19
amalgamate the land granted with an adjoining tenure held by the person. 20
(3) If the reclaimed land is already held under lease, the lease must be 21
surrendered before a new lease or deed of grant is issued. 22
(4) If a deed of grant or lease is issued over only part of the reclaimed 23
land, the rest of the land must be dedicated as a reserve or a road. 24
(5) If the reclaimed land is dedicated as a reserve and the person who 25
reclaimed the land wishes to be the trustee of the reserve, the Minister must 26
appoint the person as the trustee. 27
(6) If a deed of grant is issued, the purchase price is-- 28
(a) the purchase price stated in the permission to reclaim the land or 29
s 128 74 s 130
Land
in the lease; or 1
(b) if no purchase price is stated--the amount of the unimproved 2
value of the land, on the day the permission to reclaim the land 3
was given, decided by the Minister. 4
(7) The person may appeal against the Minister's decision on the amount 5
of the unimproved value. 6
of "significant development" 7
Meaning
128. A "significant development" is a development that will-- 8
(a) have a significant impact on the environment or the economic and 9
social development of a locality, a region or the State; and 10
(b) involve a high level of investment, a substantial development 11
period and lease conditions requiring extensive development. 12
for significant development 13
Lease
129.(1) If an application for a lease under this Division is for a significant 14
development, the Minister must obtain an independent assessment of the 15
applicant's financial and managerial capabilities. 16
(2) The applicant must pay the cost of the assessment. 17
(3) The cost is not refundable. 18
(4) The Minister may include in the lease a purchase price, or formula for 19
calculating the purchase price, if the land is converted to freehold land. 20
of lease for significant development 21
Transfer
130.(1) If a lease issued for a significant development is to be 22
transferred, the Minister may obtain an independent assessment of the 23
transferee's financial and managerial capabilities before considering whether 24
or not the transfer should be approved. 25
(2) The transferee must pay the cost of the assessment. 26
(3) The cost is not refundable. 27
s 131 75 s 134
Land
may be a condition 1
Amalgamation
131. A condition of an offer under this Division may be that the land 2
being offered must be amalgamated with or tied to other land already 3
owned by the person to whom the land is offered.25 4
Division 3--Availability of additional areas 5
additional areas 6
Granting
132.(1) A registered owner or lessee may be granted, without 7
competition, a perpetual or term lease (an "additional area") of unallocated 8
State land for agriculture or grazing if the registered owner or lessee's land 9
is being used for agriculture or grazing. 10
(2) Unallocated State land must not be made available as an additional 11
area if the land is more than a living area. 12
is eligible for additional areas 13
Who
133. A person is eligible for an additional area only if the person-- 14
(a) has demonstrated a duty of care in the management of their land; 15
and 16
(b) is financially capable of fulfilling the conditions of the lease of the 17
additional area; and 18
(c) is otherwise qualified under this Act to hold the additional area; 19
and 20
(d) needs the additional area for property build-up. 21
the Minister must consider 22
Issues
134. The Minister must consider the following issues before making an 23
offer of an additional area-- 24
25 A deed of grant amended because of an allocation without competition is issued
under section 358. A lease amended because of an allocation without
competition is amended under section 360.
s 135 76 s 137
Land
(a) who is eligible for the additional area; 1
(b) the appropriate size of the additional area; 2
(c) any special conditions appropriate to the additional area; 3
(d) if more than 1 person meets the criteria--the need for a ballot to 4
decide who should be offered the additional area; 5
(e) any related issues. 6
of review to help Minister 7
Committee
135. The Minister may appoint a committee of review to help in making 8
a decision to offer an additional area. 9
of offer and lease 10
Conditions
136.(1) A condition of an offer of an additional area may be that the 11
additional area must be amalgamated or tied with other land already owned 12
by the person to whom the offer is made. 13
(2) If a condition of the offer is that the additional area must be tied to 14
freehold land, a condition of the lease for the additional area is that the 15
freehold land must continue to be used for agriculture or grazing. 16
(3) If there are improvements on the additional area, the Minister may 17
require, as a condition of the offer, that the person must buy the 18
improvements. 19
(4) If the person accepts the offer, the person must pay the value of the 20
improvements under section 139. 21
Division 4--Miscellaneous 22
to occupy 23
Right
137.(1) If there are improvements the property of the State, or a previous 24
lessee, on land leased or sold under this Act, the incoming lessee or buyer is 25
not entitled to occupy or enter into possession of the land until-- 26
(a) the lessee or buyer has paid the amount of the value of the 27
s 138 77 s 139
Land
improvements; or 1
(b) the Minister permits the lessee or buyer to do so. 2
(2) If there are no improvements, a lessee or buyer from the State is 3
entitled to occupation and possession of the land from-- 4
(a) if a lease--the day the lease starts, or an earlier day allowed by the 5
Minister; or 6
(b) the day the sale is completed. 7
8
Default
138.(1) If land has been made available to a person, the person defaults 9
if-- 10
(a) the appropriate forms are not completed and lodged within the 11
required time; or 12
(b) the amount to be paid for the interest in the land and the 13
improvements is not paid within the time stated in the offer and in 14
any written agreement under section 140. 15
(2) If a person defaults, the deed, lease, licence or permit must not be 16
issued and any amount paid is forfeited. 17
(3) However, if the Minister is satisfied there was a reasonable excuse 18
for the default, the Minister may refund the amount paid. 19
to be bought by incoming lessee or buyer 20
Improvements
139.(1) If there are improvements, the property of the State or a previous 21
lessee, on land to be leased or bought under this Act, the value of the 22
improvements must be stated in the offer or in the sale notice. 23
(2) The value of the improvements is the value on the day the offer was 24
made or the sale notice was published. 25
(3) The value of the improvements may be-- 26
(a) not negotiable; or 27
(b) negotiable (the "provisional value"). 28
(4) The incoming buyer or lessee must pay the State the value of 29
s 140 78 s 141
Land
improvements within the time stated in the offer or the sale notice, whether 1
or not a provisional value is to be negotiated. 2
value may be negotiated 3
Provisional
140.(1) If a provisional value has been stated in an offer or sale notice, 4
the value may be negotiated (the "negotiated value") between the buyer 5
and previous lessee. 6
(2) With the written agreement of the buyer and previous lessee, the 7
negotiated value becomes the amount to be paid for the improvements. 8
(3) Any difference between the provisional value and the negotiated value 9
must be paid or refunded within the time stated in the written agreement. 10
(4) If the buyer and previous lessee cannot agree on a negotiated value, 11
either party may make application to the Court to decide the value. 12
(5) In deciding the value, the Court must assess the value of the 13
improvements as their market value in a sale of a lease of the same term 14
and tenure as the lease of the previous lessee. 15
(6) The value decided by the Court becomes the negotiated value. 16
of survey fee 17
Payment
141. If a survey of land has been carried out by the State or will be 18
carried out by the State to make or in making the land available, the State 19
may require the buyer to pay the survey fee stated in the offer or sale notice 20
or to pay the actual cost of survey. 21
s 142 79 s 145
Land
ART 2--ELIGIBILITY TO HOLD LAND 1
P
1--General eligibility restrictions 2
Division
not to hold land 3
Minors
142. A person is eligible to apply for, buy or hold land under this Act 4
only if the person is an adult. 5
officers not to hold land without approval 6
Departmental
143. An officer of the department is not eligible to acquire land under 7
Part 1 without the Minister's written approval. 8
Division 2--Corporation and aggregation restrictions 9
applies only to leases for grazing and agriculture 10
Division
144. This Division applies only to-- 11
(a) perpetual leases issued for grazing or agriculture purposes; and 12
(b) grazing homestead perpetual leases; and 13
(c) grazing homestead freeholding leases; and 14
(d) subleases of leases mentioned in paragraphs (a), (b) and (c). 15
individuals may hold leases 16
Only
145.(1) Only individuals are eligible to hold a lease to which this 17
Division applies. 18
(2) An individual who is eligible to hold a lease to which this Division 19
applies may hold it as joint tenant or tenant in common if all the other joint 20
tenants or tenants in common are also eligible to hold the lease. 21
s 146 80 s 149
Land
individual holding 1
Maximum
146.(1) An individual is not eligible to hold 2 or more leases to which 2
this Division applies at the same time if the aggregation would be 3
substantially more than 2 living areas. 4
(2) However, land given to an individual as a beneficiary under the estate 5
of a deceased lessee is not included in calculating an aggregation under 6
subsection (1). 7
holdings 8
Calculating
147.(1) The amount of living area held by an individual in a single lease 9
to which this Division applies is the total living area of the lease multiplied 10
by the proportion of the interest in the lease held by the individual. 11
(2) If an individual holds an interest in 2 or more leases to which this 12
Division applies, the total number of living areas held by the individual is 13
the aggregate of all amounts of living areas calculated under subsection (1). 14
(3) In calculating the total number of living areas held by an individual-- 15
(a) the trustee of a family arrangement is taken to be the lessee; and 16
(b) each beneficiary of a family arrangement is also taken to be the 17
lessee of a living area in proportion to their interest in the 18
arrangement. 19
holdings 20
Excess
148. If an individual acquires more land than an individual is permitted to 21
hold under this Act,26 the lease acquired in excess of the eligible holding 22
may be forfeited under this Act.27 23
may not be held on trust 24
Leases
149.(1) A person must not hold a lease to which this Division applies as 25
26 See section 146.
27 See Chapter 5, Part 4.
s 150 81 s 151
Land
trustee for another person. 1
(2) Subsection (1) does not apply to-- 2
(a) a family arrangement; and 3
(b) a partnership or corporation consisting of persons who are lessees 4
of the lease and who rank equally to share in the profits of the 5
trust, partnership or corporation in the same proportions as they 6
hold the lease. 7
of "family arrangement" 8
Meaning
150.(1) An arrangement is a "family arrangement" if-- 9
(a) a person holds land as trustee for another person, partnership or 10
corporation; and 11
(b) the other person, partners, shareholders, beneficiaries or potential 12
beneficiaries are only the person, the person's spouse, their 13
children, their children's spouses, their grandchildren and like 14
descendants of the person or any of them. 15
(2) If under an arrangement a person is the trustee for the children, 16
grandchildren or like descendants of the trustee, the arrangement is a family 17
arrangement only if all the children, grandchildren or like descendants are 18
under 18 when the trust is created. 19
(3) In addition, an arrangement is a family arrangement only if-- 20
(a) the Minister has approved a transfer giving effect to the 21
arrangement; and 22
(b) the transfer has been lodged for registration in the land registry. 23
not affected by devolution by law 24
Eligibility
151. A person or trustee (including a corporation) is not ineligible to hold 25
land under this Act if the person or trustee is-- 26
(a) the trustee or personal representative of a deceased lessee; or 27
(b) the trustee of a bankrupt lessee; or 28
s 152 82 s 154
Land
(c) holding the land for a mentally ill lessee; or 1
(d) the Public Trustee under the authority of an Act. 2
does not apply to State 3
Division
152. This Division does not apply to the State or a State instrumentality. 4
PART 3--LEASES 5
1--Preliminary 6
Division
must be used for purpose issued 7
Leases
153.(1) A lease must be used only for the purpose for which it was 8
issued. 9
(2) A term lease for pastoral purposes must be used only for agricultural 10
or grazing purposes, or both. 11
(3) Subsections (1) and (2) are subject to section 154 12
may approve additional purposes 13
Minister
154.(1) The Minister may approve an application by a lessee that a lease 14
be used for additional or fewer purposes. 15
(2) If the application is approved, the lessee must be given written 16
notice-- 17
(a) of the approval; and 18
(b) any change of rental category; 19
(c) whether or not there will be an increase or decrease in the rental 20
for the remainder of the current rental period; and 21
(d) if additional rent is payable--the time by which the additional rent 22
must be paid. 23
s 155 83 s 158
Land
(3) An additional purpose must be complementary to, and not interfere 1
with, the purpose for which the lease was originally issued. 2
of term leases 3
Length
155.(1) A term lease must not be issued for more than 50 years. 4
(2) However, a term lease for a significant development or a timber 5
plantation may be issued for up to 100 years. 6
of Dividing Fences Act 7
Application
156.(1) The Dividing Fences Act 1953 applies to all leases and licences 8
issued under this Act or the repealed Act as if the lessees or licensees were 9
the owners within the meaning of that Act. 10
(2) To any remove doubt, it is declared that section 4(3) of the Dividing 11
Fences Act 1953 still applies. 12
Division 2--Expiry and renewal 13
of lease 14
Expiry
157.(1) Unless a lease is renewed before it expires, the right of the lessee 15
to possession of the land ends on the day the lease expires. 16
(2) Subject to Chapter 5, Part 5 and the conditions of a lease, the 17
improvements on the lease become the property of the State when the lease 18
expires.28 19
to renew lease 20
Application
158.(1) The lessee of a term lease may apply to renew the lease (a 21
"renewal application") unless a condition of the lease or this Act prohibits 22
it's renewal. 23
(2) A renewal application may be made only after 80% of the existing 24
28 Chapter 5, Part 5 is about payments that may be made to outgoing lessees for
improvements on a lease.
s 159 84 s 159
Land
term of the lease has expired unless, in the Minister's opinion, special 1
circumstances exist. 2
(3) A renewal application may be rejected without being considered 3
under section 159 if-- 4
(a) the applicant has made an earlier renewal application and the 5
application was refused; and 6
(b) there is no relevant change in circumstances from the earlier 7
application. 8
the Minister must consider 9
Issues
159. The Minister must consider the following issues before making a 10
decision to offer to renew a lease-- 11
(a) the interest of the lessee; 12
(b) whether part of the lease should be set apart and declared as State 13
Forest under the Forestry Act 1959; 14
(c) whether the public interest could be adversely affected, other than 15
for an issue mentioned in paragraph (b), if the lease were 16
renewed; 17
(d) whether part of the lease is needed for environmental or nature 18
conservation purposes; 19
(e) whether a substantial part of the lease is at serious risk from land 20
degradation; 21
(f) whether a substantial part of the lease suffers from serious land 22
degradation; 23
(g) whether the lessee has complied with, or to what extent the lessee 24
has complied with, the conditions of the lease; 25
(h) whether part of the lease has a more appropriate use from a land 26
planning perspective; 27
(i) whether part of the lease is on an island or its location, 28
topography, geology, accessibility, heritage importance, aesthetic 29
appeal or like issues make it special; 30
(j) whether part of the lease is needed for a public purpose; 31
s 160 85 s 162
Land
(k) whether part of the lease is needed for property build-up purposes 1
of other properties without reducing the remaining land to less 2
than a living area; 3
(l) whether the lease could be subdivided without reducing the 4
remaining land to less than a living area. 5
notice of Minister's decision 6
Written
160.(1) After considering the renewal application, the Minister must give 7
the applicant written notice offering a new lease or refusing the application. 8
(2) If the Minister offers a new lease, the notice must state the conditions 9
on which the offer is made and to which the lease will be subject. 10
(3) If the Minister decides to refuse the renewal application, the Minister 11
must give the applicant written notice of the reasons for the decision. 12
(4) The applicant may appeal against the Minister's decision to refuse the 13
renewal application if the only reason for the refusal was that the applicant 14
had not fulfilled the conditions of the lease. 15
offer has been accepted 16
When
161. An offer has not been accepted until the lessee fulfils the conditions 17
of the offer. 18
of offer 19
Acceptance
162.(1) If the lessee accepts the offer-- 20
(a) the lessee must surrender the existing lease before the new lease 21
is issued; and 22
(b) the Governor in Council may issue, in priority, to the existing 23
lessee, the offered lease. 24
(2) The lease must be issued for the same purpose as the existing lease 25
but may be subject to other terms the Governor in Council considers 26
appropriate. 27
(3) Additional unallocated State land may be included in the new lease, if 28
s 163 86 s 166
Land
Chapter 4, Part 1, Division 2 is complied with.29 1
(4) The new lease is issued subject to all the relevant encumbrances to 2
which the old lease was subject and in the same priorities. 3
not included in the offer 4
Land
163. If the offer is for only a part of the lease, the land not included in the 5
offer, on surrender of the lease, becomes unallocated State land. 6
term extension 7
Short
164. If it appears a lease would expire before a renewal application is 8
finalised, the Minister may extend the term of the lease for periods of no 9
longer than 1 year, until the application is finalised. 10
Division 3--Conversion of tenure 11
of Division 12
Application
165. This Division does not apply-- 13
(a) to a lease over a reserve; and 14
(b) to a licence or permit; and 15
(c) if the conditions of a lease or the conditions of a class of lease or 16
this Act do not allow an application for conversion to be made or 17
a particular type of conversion to be made. 18
to convert lease 19
Application
166.(1) A lessee may apply to convert (the "conversion 20
application")-- 21
(a) a perpetual lease to freehold land; and 22
(b) a term lease to a perpetual lease or to freehold land. 23
29 Chapter 4, Part 1, Division 2 is about interests available in land without
competition.
s 167 87 s 167
Land
(2) The lessee of a term lease issued for pastoral purposes may only 1
apply to convert the lease-- 2
(a) to a perpetual lease; and 3
(b) after 80% of the existing term on the lease has expired, unless in 4
the Minister's opinion, special circumstances exist. 5
(3) A conversion application may be rejected without consideration under 6
section 167 if-- 7
(a) the applicant has made an earlier conversion application and the 8
application was refused; and 9
(b) there is no relevant change in circumstances from the earlier 10
application. 11
the Minister must consider 12
Issues
167.(1) The Minister must consider the following issues before making a 13
decision to offer to convert a lease-- 14
(a) whether part of the lease needs to be set apart and declared as 15
State Forest under the Forestry Act 1959; 16
(b) whether part of the lease is better suited for long-term forest 17
management for the production of indigenous timbers of 18
commercial value than for all other forms of primary production; 19
(c) whether the public interest could be adversely affected, other than 20
about an issue mentioned in paragraph (a) or (b), if the lease were 21
converted; 22
(d) whether part of the lease is needed for environmental or nature 23
conservation purposes; 24
(e) whether a substantial part of the lease is at serious risk from land 25
degradation; 26
(f) whether a substantial part of the lease suffers from serious land 27
degradation; 28
(g) whether the lessee has complied with, or to what extent the lessee 29
has complied with, the conditions of the lease; 30
(h) whether part of the lease has a more appropriate use from a land 31
s 168 88 s 168
Land
planning perspective; 1
(i) whether part of the lease is on an island or its location, 2
topography, geology, accessibility, heritage importance, aesthetic 3
appeal or like issues make it special; 4
(j) whether part of the lease is needed for a public purpose; 5
(k) whether part of the lease is needed for property build-up purposes 6
of other properties without reducing the remaining land to less 7
than a living area; 8
(l) whether part of the lease could be subdivided without reducing 9
the remaining land to less than a living area; 10
(m) if the lease is used for residential or industrial purposes--the 11
most appropriate tenure for the land. 12
(2) Subsection (1) does not apply if the conversion application relates to a 13
lease for development purposes and the lease states that conversion of the 14
lease will be considered on fulfilment of the conditions stated in the lease. 15
notice of Minister's decision 16
Written
168.(1) After considering the conversion application, the Minister must 17
give the applicant written notice-- 18
(a) offering a new lease or deed of grant; or 19
(b) refusing the application. 20
(2) If the Minister offers a new lease or a deed of grant, the notice must 21
state the conditions on which the offer is made. 22
(3) If the offer is for a lease, the offer must state the conditions to which 23
the lease will be subject. 24
(4) The offer may be for a smaller size area of land or a different tenure 25
to that applied for. 26
(5) If the Minister decides to refuse the conversion application, the 27
Minister must give the applicant written notice of the reasons for the 28
decision. 29
(6) The applicant may appeal against the Minister's decision to refuse the 30
s 169 89 s 170
Land
conversion application if the only reason for the refusal was that the 1
applicant had not fulfilled the conditions of the lease. 2
of freehold offer 3
Conditions
169. If an offer is for a deed of grant, including a freeholding lease, the 4
offer may include 1 or both of the following conditions-- 5
(a) that the lessee enter into a conservation agreement under the 6
Nature Conservation Act 1992; 7
(b) that either-- 8
(i) the lessee enter into an agreement with the Minister 9
administering the Forestry Act 1959 regarding commercial 10
timber on the land; or 11
(ii) the deed of grant or freeholding lease includes a forest 12
entitlement area. 13
price if deed of grant offered 14
Purchase
170.(1) Unless a price or formula has already been stated in the lease to 15
be converted, the Minister decides the purchase price for the conversion of a 16
lease to a deed of grant. 17
(2) The lessee may appeal against the Minister's decision on the purchase 18
price. 19
(3) The purchase price is an amount equal to the total of-- 20
(a) the unimproved value of the land being offered, as if it were fee 21
simple; and 22
(b) the market value of any commercial timber that is the property of 23
the State on the land. 24
(4) The unimproved value of the land is calculated at the day the Minister 25
receives the conversion application. 26
(5) The market value of the commercial timber is calculated at-- 27
(a) if the value is not appealed--the day the conversion application 28
s 171 90 s 174
Land
was received; or 1
(b) if the value is appealed--the day the appeal is decided. 2
offer has been accepted 3
When
171. An offer has not been accepted until the lessee fulfils the conditions 4
of the offer. 5
of offer 6
Acceptance
172.(1) If the lessee accepts the offer-- 7
(a) the lessee must surrender the existing lease before the new tenure 8
is issued; and 9
(b) the Governor in Council may issue, in priority, to the existing 10
lessee, the offered tenure. 11
(2) If the new tenure is a lease, the lease must be issued for the same 12
purpose as the existing lease and is subject to the terms the Governor in 13
Council considers appropriate. 14
(3) Additional unallocated State land may be included in the new tenure, 15
if Chapter 4, Part 1, Division 2 is complied with.30 16
(4) The new tenure is issued subject to all the relevant encumbrances to 17
which the old lease was subject and in the same priorities. 18
not included in the offer 19
Land
173. If the offer is for only a part of the lease, the land not included in the 20
offer, on surrender of the lease, becomes unallocated State land. 21
lease may not be transferred without approval 22
Freeholded
174.(1) If a perpetual lease for agricultural or grazing purposes is 23
converted to a deed of grant, the deed of grant is issued subject to a 24
covenant prohibiting the transfer of the land to a corporation, without the 25
30 Chapter 4, Part 1, Division 2 is about interests available in land without
competition.
s 175 91 s 175
Land
Governor in Council's approval. 1
(2) Subsection (1) applies only if the area of the deed is more than 2
2 500 ha. 3
(3) The Registrar of Titles may register the transfer of the land to a 4
corporation only if the Governor in Council has approved the transfer. 5
(4) The registered owner of a deed of grant mentioned in subsection (1) 6
may apply for the removal of the covenant from the land. 7
(5) The chief executive must give the applicant written notice of the 8
Governor in Council's decision about the removal of the covenant. 9
entitlement areas 10
Forest
175.(1) Subject to the terms of the reservation for a forest entitlement 11
area, the lessee or registered owner may use and occupy the forest 12
entitlement area.31 13
(2) If the forest entitlement area is no longer needed by the State the 14
lessee or registered owner may buy the forest entitlement area under 15
sections 24 and 25.32 16
(3) If the lessee or registered owner buys the forest entitlement area, the 17
lessee or registered owner must also pay the value of the commercial timber 18
on the forest entitlement area. 19
(4) When a payment, as a first instalment or in full, is made for the forest 20
entitlement area and the value of the commercial timber-- 21
(a) the reservation is discharged and the area ceases to be a forest 22
entitlement area; and 23
(b) the commercial timber become the property of the person for 24
whose benefit the reservation is discharged. 25
(5) If the lessee or registered owner does not want to buy the forest 26
31 Forest entitlement areas are managed by the Primary Industries Corporation
under the Forestry Act 1959 (see sections 39A, 39B and 39C).
32 Section 24 is about the disposal of reservations no longer needed and section 25
is about the disposal of reservations by sale.
s 176 92 s 177
Land
entitlement area, possession of the forest entitlement area may be resumed, 1
subject to section 176, under section 26.33 2
of resumption of forest entitlement area 3
Effect
176. If a forest entitlement area is resumed under section 26, the 4
reservation is discharged and compensation is payable only for34-- 5
(a) improvements existing on the forest entitlement area before the 6
reservation was made; and 7
(b) if building of improvements on the forest entitlement area were 8
authorised by the Minister and the authorisation has not 9
specifically excluded the payment of compensation--the 10
improvements authorised. 11
PART 4--PERMITS 12
executive may issue permit 13
Chief
177.(1) The chief executive may issue a permit to occupy unallocated 14
State land, a reserve or a road. 15
(2) The permit may be issued for the purpose, and on the terms, the chief 16
executive decides are appropriate to the land and the purpose of the permit. 17
(3) If there is a trustee of the reserve, the chief executive must consult the 18
trustee before the permit is issued. 19
(4) If the purpose of the permit is inconsistent with the purpose of the 20
reserve, no improvements, other than boundary fences, are to be built by the 21
permittee. 22
(5) A permit may not be transferred, sublet or mortgaged. 23
33 Section 176 is about the effect of resumptions on forest entitlement areas and
section 26 is about resuming reservations no longer needed.
34 Section 26 is about resuming reservations no longer needed.
s 178 93 s 180
Land
below high-water mark 1
Permits
178. A permit below high-water mark may be issued only if-- 2
(a) it would not unduly affect safe navigation and sound development 3
of the State's waterways and ports; and 4
(b) its impact on marine infrastructure has been considered; and 5
(c) it would not have a detrimental effect on coastal management; and 6
(d) it would not be inconsistent with the intent of any relevant State 7
management plan. 8
9
Fencing
179.(1) If an existing fence of a property not owned by an applicant for a 10
permit is to be used as a boundary fence for the permit, a written agreement 11
on conditions about the maintenance of the fence must be given to the chief 12
executive before the permit is issued. 13
(2) The agreement must be signed by the owner of the fence and the 14
applicant for the permit. 15
or surrender of permit 16
Cancellation
180.(1) The chief executive may cancel a permit after giving the 17
permittee reasonable written notice. 18
(2) No compensation is payable for the cancellation of a permit. 19
(3) A permittee may surrender a permit with the chief executive's written 20
approval. 21
(4) If a permit is surrendered or cancelled, the ownership of any 22
improvements become the property of the State and no compensation is 23
payable. 24
(5) However, the chief executive may allow the permittee to remove any 25
improvements within a time stated in the cancellation notice. 26
s 181 94 s 182
Land
HAPTER 5--MATTERS AFFECTING LAND 1
C
HOLDINGS 2
ART 1--RENTS 3
P
1--Rents 4
Division
periods 5
Rent
181.(1) The rental periods for leases, licences and permits are annual. 6
(2) Each rental period starts on 1 July. 7
(3) However-- 8
(a) if a lease, licence or permit starts in a rental period--the first 9
rental period for the lease, licence or permit is from the start of the 10
lease, licence or permit until the next 30 June; and 11
(b) if a lease, licence or permit ends in a rental period--the last rental 12
period for the lease, licence or permit is from 1 July before the 13
lease, licence or permit ends until the lease, licence or permit 14
ends. 15
categories 16
Rent
182.(1) The categories into which a lease, licence or permit may be 17
allocated for rent assessment are the categories prescribed under the 18
regulations. 19
(2) A lessee, licensee or permittee must be given written notice of the 20
reason for the inclusion of the lease, licence or permit in a particular 21
category. 22
(3) A lessee, licensee or permittee may appeal against the inclusion of the 23
lease, licence or permit in a particular category. 24
s 183 95 s 184
Land
payable 1
Rent
183.(1) The rent for a lease, licence or permit is the amount calculated by 2
multiplying the amount of the most recently made valuation for rental 3
purposes by the rate prescribed under the regulations. 4
(2) Subsection (1) does not apply to a rent set under subsection (5) or a 5
freeholding lease. 6
(3) The rate may be a single rate applying to all leases, licences or 7
permits, or a series of rates applying to different categories of leases, 8
licences or permits prescribed under the regulations. 9
(4) The rent for a lease, licence or permit-- 10
(a) must not be less than the minimum prescribed under the 11
regulations; and 12
(b) must be calculated in whole dollars. 13
(5) The Minister may decide the rent (a "set rent")-- 14
(a) for a term lease for a significant development; and 15
(b) if a valuation for rental purposes has not been made for a licence 16
or permit--for a licence or permit. 17
ent adjustments 18
R
184.(1) If an application to change the purpose for which a lease, licence 19
or permit is used is approved and the approval results in a change of rental 20
category, the change in rental takes place from the first quarter day after the 21
change is approved. 22
(2) If a new valuation for rental purposes is made in a rental period 23
because of an action under this Act, the change in rental takes place from the 24
first quarter day after the action was taken. 25
(3) If a valuation for rental purposes for a rental period is amended on 26
appeal or objection under the Valuation of Land Act 1944, the rent payable 27
for the rental period must be amended. 28
(4) Interest, at the rate prescribed under the regulations, on rent overpaid 29
for the rental period because of an amendment under subsection (3) must be 30
paid from the day the rent was paid to the day the overpayment is refunded. 31
s 185 96 s 186
Land
(5) If on appeal, a lease, licence or permit is allocated to a new category, 1
the overpaid rent must be credited to the lessee, licensee or permittee, 2
together with interest at the rate prescribed under the regulations, on the 3
amount credited from the time of payment until the appeal is decided. 4
(6) If a lease, licence or permit has a set rent, and the area of land in the 5
lease, licence or permit is changed, the rent must be adjusted-- 6
(a) in accordance with the offer or the conditions of approval; or 7
(b) if a rent adjustment was not stated in the offer or 8
approval--proportionally. 9
(7) If the rent for a lease, license or permit is adjusted and the adjustment 10
is-- 11
(a) greater than the amount prescribed under the regulations--it must 12
be paid to the department or credited to the lessee, licensee or 13
permittee; or 14
(b) less than the amount prescribed under the regulations--it must be 15
credited or debited to the account of the lessee, licensee or 16
permittee. 17
2--Concessional rents 18
Division
concessions 19
Development
185.(1) If the Minister considers a lease needs investigation and 20
development work by a lessee, the Minister may fix an annual rent, instead 21
of the rent normally applying to a lease, while the lease is being investigated 22
and developed. 23
(2) Subsection (1) may only apply for the first 5 years of a lease. 24
(3) This section does not apply to a lease if the lease has a set rent. 25
recreational and sporting concessions 26
Charitable,
186.(1) The Minister may set a rent less than the rent normally applying 27
to a lease, if the lessee is a charitable, sporting or recreational organisation. 28
s 187 97 s 189
Land
(2) The Minister must not set a rent less than the minimum rent 1
prescribed under the regulations. 2
hardship concessions 3
Residential
187.(1) The Minister may reduce a rent to less than the rent normally 4
applying to a lease, if-- 5
(a) the lease is used exclusively for the lessee's own residential use; 6
and 7
(b) the lessee is suffering hardship and meets the criteria prescribed 8
under the regulations. 9
(2) If the Minister considers the financial circumstances of the lessee 10
have changed to the extent that a concession should be amended or 11
cancelled, the Minister may, for future rental periods, amend or cancel the 12
amount of the concession. 13
(3) If a lease is transferred, a concession applying to the lease does not 14
apply from the day of the transfer. 15
build-up concession 16
Property
188. The Minister must set a rate for a lease that is at least the lowest rate 17
prescribed under the regulations for the category of the lease if the lessee-- 18
(a) takes part in a property build-up scheme approved by the chief 19
executive; and 20
(b) would be disadvantaged by increased rent by taking part; and 21
(c) applies for the concession. 22
concessions 23
Levelling
189.(1) The Minister may calculate the rent using an average valuation, if 24
the Minister considers the rent calculated using the most recently made 25
valuation for rental purposes would result in an undue increase in the rent 26
for a rental period-- 27
(a) on a category of lease or on a licence; or 28
(b) on a class of land use within a category of a lease, licence or 29
s 190 98 s 191
Land
permit. 1
(2) In subsection (1)-- 2
"average valuation" means the amount calculated by averaging the most 3
recently made valuation for rental purposes with the valuation for 4
rental purposes for the previous 2 years. 5
3--Rent and instalment payments 6
Division
rent is owing 7
When
190.(1) All rent and instalments must be paid by the times and at the 8
places prescribed under the regulations. 9
(2) Subsection (1) applies even if a lessee, licensee or permittee has 10
objected to or appealed against a-- 11
(a) valuation for rental purposes of the lease, licence or permit; or 12
(b) categorisation of the lease, licence or permit. 13
(3) Even if a lessee, licensee or permittee has made an application for a 14
matter under this Act, the lessee, licensee or permittee must still pay rent 15
and instalments when they are owing. 16
of rent 17
Overpayment
191.(1) If a lessee, licensee or permittee overpays rent or instalments, 18
and the excess rent or instalments is-- 19
(a) greater than the amount prescribed under the regulations--it must 20
be refunded to the lessee, licensee or permittee; or 21
(b) less than the amount prescribed under the regulations--it must be 22
credited to the account of the lessee, licensee or permittee. 23
(2) To remove any doubt, it is declared that interest is payable on 24
overpaid rent or instalments only if the overpayment is because of-- 25
(a) a change in valuation on objection or appeal under the Valuation 26
of Land Act 1944; or 27
s 192 99 s 193
Land
(b) a change of category of a lease, licence or permit because of an 1
appeal. 2
of rent and instalment payments for hardship 3
Deferral
192.(1) The Minister may defer the payment of rent or instalments for a 4
lease or licence if-- 5
(a) the Minister considers the lessee or licensee is suffering hardship 6
because of-- 7
(i) the effects of drought, flood, fire, disaster; or 8
(ii) economic recession; or 9
(iii) a severe downturn in the level of markets related to the 10
purpose of the lease; and 11
(b) the lessee or licensee applies for a deferral. 12
(2) The Minister may defer payment only if the lessee or licensee gives 13
the Minister the returns and financial statements the Minister asks for to 14
help in assessing the application. 15
(3) If the Minister approves an application, the Minister must state-- 16
(a) the time (or extended time) for which the deferral applies; and 17
(b) the terms of repayment of the deferred rent or instalments. 18
(4) Interest (the "deferred interest") is payable on deferred rent and 19
instalments, other than deferred rent forgiven by the Governor in Council, at 20
the rate prescribed under the regulations.35 21
(5) However, if rent is or instalments are deferred, interest for late 22
payment (the "penalty interest") does not apply for the period of the 23
deferral. 24
of deferred rent payments 25
Forgiveness
193. The Governor in Council may forgive all or part of the deferred rent 26
and any deferred interest payable on the deferred rent. 27
35 Section 193 deals with the forgiveness of deferred rent payments.
s 194 100 s 196
Land
of circumstances 1
Change
194.(1) If the Minister considers the financial circumstances of a lessee 2
who has been granted a deferral of rent or instalment payments for hardship 3
have changed to the extent that the deferral of payment of rent or 4
instalments should no longer apply, the Minister may revoke the deferral 5
for future rental periods or instalment payments. 6
(2) If a lease or licence is transferred, a deferral of rent or instalments 7
applying to the lease or licence ceases to apply from the day of the 8
settlement of the transfer. 9
(3) It is a condition of the approval to a transfer mentioned in 10
subsection (2) that the deferred rent or instalments and deferred interest 11
owing on the deferred rent or instalments must be paid to the State at 12
settlement. 13
Division 4--Action for non-payment of rent and instalments 14
interest on outstanding rent and instalments 15
Penalty
195.(1) If a lessee, licensee or permittee does not pay the rent or 16
instalment within the time prescribed under the regulations, the lessee, 17
licensee or permittee must pay, as well as the rent or instalment, penalty 18
interest on the rent or instalment outstanding at the rate prescribed under the 19
regulations until the day the rent or instalment is paid. 20
(2) The Minister may extend the time for the payment of rent or 21
instalment. 22
(3) However, penalty interest still runs from the time payment was 23
owing under the regulations. 24
(4) Penalty interest is not payable on the rent or instalment outstanding if 25
the lessee, licensee or permittee had a reasonable excuse for not paying the 26
rent or instalment. 27
may take action for non-payment 28
Minister
196. If a lessee, licensee or permittee does not pay the rent, instalments, 29
penalty interest or deferred interest within the time prescribed under the 30
s 197 101 s 198
Land
regulations, or the extended time allowed by the Minister, the Minister 1
may-- 2
(a) take action in a court of competent jurisdiction to recover the rent 3
or instalments and penalty interest owing; or 4
(b) forfeit the lease under Chapter 5, Part 4; or36 5
(c) cancel the licence or permit. 6
of intention to cancel 7
Notice
197.(1) The Minister must give notice to the lessee, licensee or permittee 8
of the Minister's intention to take action to recover the rent, instalments, 9
penalty interest or deferred interest or to cancel the licence or permit.37 10
(2) The notice must state a reasonable time in which the Minister will not 11
take action if the rent, instalments, penalty interest or deferred interest are 12
paid. 13
(3) The notice must state the amount of rent, instalments and deferred 14
interest payable by the lessee, licensee or permittee and the amount of 15
penalty interest accruing each day. 16
(4) The time must not be less than 28 days from the day of the notice. 17
may reinstate if payment made 18
Minister
198. If a licence or permit has been cancelled because the rent, penalty 19
interest or deferred interest was not paid, the Minister may reinstate the 20
licence or permit if-- 21
(a) the licensee or permittee makes payment of all amounts 22
outstanding; and 23
(b) the Minister is satisfied the licensee or permittee had a reasonable 24
excuse for not complying with the payment requirements. 25
36 Chapter 5, Part 4 is about forfeiture.
37 Notice of intention to forfeit a lease is dealt with in Chapter 5, Part 4.
s 199 102 s 202
Land
PART 2--CONDITIONS 1
1--General conditions 2
Division
of care condition 3
Duty
199. All leases, licences and permits are subject to the condition that the 4
lessee has the responsibility for a duty of care for the land. 5
plants condition 6
Noxious
200.(1) All leases, licences and permits are subject to the condition that 7
the lessee, licensee or permittee must keep noxious plants on the land under 8
control. 9
(2) If a person does not comply with subsection (1), the Minister may 10
bring the noxious plants under control. 11
(3) The Minister's cost of bringing the noxious plants under control is a 12
debt owing to the State and may be recovered from the person in a court of 13
competent jurisdiction. 14
condition 15
Information
201. All leases, licences and permits are subject to the condition that the 16
lessee, licensee or permittee must give the Minister the information the 17
Minister asks for about the lease, licence or permit. 18
condition 19
Improvement
202. A term lease for pastoral purposes is subject to the condition that the 20
lessee not make improvements or carry out development work on the lease 21
within 2 years of the expiry of the lease, without the Minister's written 22
approval. 23
s 203 103 s 205
Land
Division 2--Other conditions 1
conditions 2
Typical
203. A lease may be subject to any of the following conditions-- 3
(a) about improvements or development on or to the land; 4
(b) about the care, sustainability and protection of the land; 5
(c) about the conversion or renewal of the lease; 6
(d) about the provision of reasonable services, roads and 7
infrastructure external to but servicing the land; 8
(e) about timeframes and milestones for finishing conditions over the 9
term of the lease; 10
(f) other conditions the Minister considers appropriate. 11
condition 12
Survey
204.(1) A lease, licence or permit may be subject to a condition (a 13
"survey condition") that the land must be surveyed under the Surveyors 14
Act 1977 by, and at the cost of, the lessee, licensee or permittee. 15
(2) A survey condition may set a time within which the survey plan must 16
be lodged in the land registry. 17
(3) If the person is able to demonstrate a good reason for not fulfilling a 18
survey condition within the time stated, the Minister may extend the time. 19
(4) If a person does not comply with subsection (2), the Minister may 20
arrange for the survey to be carried out or finished and charge the person the 21
cost of the survey. 22
condition 23
Tied
205.(1) A lease may be subject to a condition (a "tied condition") that it 24
is tied to other land. 25
(2) Subsection (1) may apply even if both parcels of land are different 26
tenures. 27
s 206 104 s 207
Land
(3) It is a breach of condition of the lease if the lease or the other land are 1
disposed of independent of each other. 2
residence condition 3
Personal
206.(1) A lease may be subject to a condition (a "personal residence 4
condition") that the lessee personally lives on the lease for the first 7 years 5
of its term. 6
(2) A personal residence condition applies to leases-- 7
(a) obtained at ballot; and 8
(b) to which the Minister considers it should apply; and 9
(c) if the lease was issued under the repealed Act and the lease or 10
opening notification contained a personal residence condition. 11
(3) A personal residence condition does not apply for the first 3 months 12
of a lease. 13
(4) A lessee must not transfer a lease still subject to a personal residence 14
condition. 15
(5) A lessee may not sublease a lease during the first 3 years that the 16
lease is subject to a personal residence condition. 17
(6) After the first 3 years, the lessee may sublease the lease only if the 18
lessee continues with the personal residence condition. 19
(7) The Minister, by separate written notice, may cancel or temporarily 20
suspend a personal residence condition. 21
person may complete personal residence condition 22
Another
207.(1) If, while a personal residence condition still applies to a lease-- 23
(a) a lessee dies--the condition may be performed by a person 24
beneficially interested in the lease, or by a person appointed by the 25
executor of the estate of the lessee; or 26
(b) a lessee becomes mentally ill--the condition may be performed 27
by a family member or person appointed by the committee of the 28
estate of the lessee; or 29
s 208 105 s 210
Land
(c) a lessee becomes bankrupt--the condition may be performed by 1
a person appointed by the trustee in bankruptcy; or 2
(d) the lease come under the control of or is vested in the Public 3
Trustee--the condition may be performed by a person appointed 4
by the Public Trustee. 5
(2) A person fulfilling a personal residence condition must be eligible to 6
be a lessee under this Act. 7
(3) If a lessee carrying out a personal residence condition is a joint tenant 8
or holder of a joint interest in common, another of the joint tenants or 9
holders of the joint interest in common may perform the condition. 10
condition 11
Resumption
208.(1) A lease may be subject to a condition that-- 12
(a) all or part of the lease may be resumed by giving the lessee 13
6 months written notice; and 14
(b) if all or part of the lease is resumed--compensation will be paid 15
only for improvements on the part of the lease resumed. 16
(2) To remove any doubt, it is declared that no compensation is payable 17
for the part of the lease resumed. 18
security condition 19
Performance
209.(1) A lease, licence and permit may include a condition that the 20
lessee, licensee or permittee give performance security for failure to comply 21
with conditions under the lease, licence or permit. 22
(2) The Minister may approve a change of the amount of the 23
performance security during the term of the lease, licence or permit. 24
3--Changing conditions 25
Division
conditions 26
Changing
210.(1) The Minister may change the conditions of a lease or licence, 27
with the agreement of the lessee or licensee. 28
s 211 106 s 212
Land
(2) The Minister, with the agreement of the lessee or licensee, may 1
extend the time within which any condition of a lease or licence must be 2
performed. 3
(3) The chief executive may change the conditions of a permit, with the 4
agreement of the lessee or licensee. 5
(4) The chief executive, with the agreement of the permittee, may extend 6
the time within which any condition of a permit must be performed. 7
(5) If a lessee, licensee or permitee has agreed to a change of condition, 8
the lessee, licensee or permitee must return the tenure document to the land 9
registry for the change in condition to be recorded on the tenure document 10
and in the appropriate register. 11
(6) A change of condition is binding from the day it is recorded. 12
(7) No fee is payable for recording a change in condition in the 13
appropriate register. 14
(8) The term, or the purpose, of a lease may not be changed under this 15
section. 16
must be reviewed 17
Conditions
211.(1) The Minister must consider whether to carry out a review on the 18
conditions of a lease once every 15 years after the issue of a lease. 19
(2) A review must not be made within 10 years of a lease issuing or the 20
last review. 21
(3) A review must be performed in consultation with the lessee. 22
(4) This section applies only to leases issued on or after the 23
commencement. 24
may change conditions after review 25
Minister
212.(1) After reviewing a lease, the Minister may decide, with or without 26
the lessee's agreement, to change a condition (a "review change") about 27
the protection and sustainability of the land. 28
(2) The lessee must be given written notice of the decision and the 29
reasons for the decision. 30
s 213 107 s 214
Land
(3) The lessee may appeal against the decision if the lessee considers the 1
change is not necessary to protect or help the sustainability of the land. 2
(4) If the appeal is dismissed or the lessee does not appeal, the lessee 3
must return the tenure document to the land registry for the change in 4
condition to be recorded on the tenure document and in the appropriate 5
register. 6
(5) A change of condition is binding from the day it is recorded. 7
(6) No fee is payable for recording a change in condition in the 8
appropriate register. 9
(7) No compensation is payable by the State for a review change. 10
Division 4--Compliance with conditions 11
to perform conditions 12
Obligation
213.(1) A lessee, licensee or permittee must perform all of the conditions 13
of their lease, licence or permit. 14
(2) If a lessee, licensee or permittee fails to perform all of the conditions 15
of their lease, licence or permit, the lease may be forfeited or the licence or 16
permit cancelled. 17
(3) If no action is taken on a breach of condition of a lease, licence or 18
permit, it is not a waiver, authorisation of or excuse for the breach. 19
protection 20
Land
214.(1) The Minister may give a lessee or licensee a written notice (a 21
"remedial action notice") to take remedial action, within a reasonable time, 22
to protect a lease or licence if the Minister is of the opinion the lessee or 23
licensee is using the lease or licence-- 24
(a) beyond its capability for sustainable production; and 25
(b) in a way not fulfilling the lessee or licensee's responsibility for a 26
duty of care for the land; and 27
(c) in a way likely to cause, or has caused, permanent or serious 28
degradation to the land. 29
s 215 108 s 215
Land
(2) The action to be taken under the remedial action notice is a condition 1
of the lease or licence from the day the notice is given. 2
(3) The lessee or licensee must return the tenure document to the land 3
registry for details of the remedial action notice to be recorded on the lease 4
or licence and in the appropriate register. 5
(4) The lessee or licensee may appeal against the action to be taken under 6
a remedial action notice if the lessee or licensee considers the action is not 7
necessary to protect the land. 8
(5) If the appeal is upheld, the lessee or licensee must return the tenure 9
document to the land registry for details of the remedial action notice to be 10
removed from the lease or licence and the appropriate register. 11
(6) No fee is payable for recording or removing a remedial action notice 12
from a register. 13
(7) If a lessee does not carry out the action within the time stated in the 14
remedial action notice, the lease may be forfeited. 15
(8) If a licensee does not carry out the action within the time stated in the 16
remedial action notice, the licence may be cancelled. 17
ART 3--RESUMPTION AND COMPENSATION 18
P
1--Resumption of a lease or easement 19
Division
of Division 20
Application
215.(1) This Division applies to the resumption of a lease and the taking 21
or cancellation of an easement. 22
(2) However, the Division does not apply to-- 23
(a) the resumption of a lease under a condition of the lease; or38 24
38 See Division 2.
s 216 109 s 218
Land
(b) the resumption of possession of part of a lease subject to a 1
reservation.39 2
of lease 3
Resumption
216.(1) A lease or part of a lease may be resumed by order in council. 4
(2) If an easement over a lease is adequate for a purpose, an order in 5
council may take an easement over the lease instead of resuming the lease. 6
(3) The taking of an easement is a resumption under this Division. 7
(4) An order in council under this Part is not subordinate legislation. 8
of an easement 9
Resumption
217.(1) An easement over unallocated State land or a reserve may be 10
cancelled by order in council. 11
(2) The cancellation of an easement is a resumption under this Division. 12
for constructing authorities 13
Resumption
218.(1) A resumption may be for a constructing authority other than the 14
State. 15
(2) The costs incurred by the State for the resumption must be paid by 16
the constructing authority. 17
(3) The costs incurred are payable even if the resumption is discontinued. 18
(4) Costs outstanding are a debt payable to the State and may be 19
recovered by the State from the constructing authority in a court of 20
competent jurisdiction. 21
(5) This section is subject to section 5(3) of the Acquisition of Land 22
Act 1967.40 23
39 See Division 3.
40 Under section 5(3) of the Acquisition of Land Act 1967 the resumption must be for
a purpose for which a constructing authority may take land.
s 219 110 s 221
Land
of resumption 1
Effect
219.(1) If a lease or part of a lease is resumed, the lease or part resumed 2
becomes unallocated State land free of any interest or obligation, other than 3
a native title interest. 4
(2) If an easement is taken, the rights in the easement vest-- 5
(a) in the State; or 6
(b) if the resumption is made for a constructing authority--in the 7
constructing authority. 8
(3) Every person who has a lawful interest in-- 9
(a) a resumed lease, or part of a resumed lease; or 10
(b) part of a lease affected by the taking of an easement; or 11
(c) an easement cancelled by order in council; 12
(a "compensation claimant") has a right to claim compensation as 13
prescribed by the Acquisition of Land Act 1967. 14
of order in council 15
Service
220.(1) The Minister must serve a copy of the order in council on each 16
person who has a registered interest in-- 17
(a) the lease affected by the resumption; or 18
(b) the easement cancelled. 19
(2) The copy must be served immediately after notification of the order 20
in council in the Gazette. 21
(3) Failure to comply with subsections (1) or (2) does not affect the 22
validity of the order in council. 23
of Acquisition of Land Act 1967 24
Application
221.(1) Part 4 of the Acquisition of Land Act 1967 applies to a claim for 25
compensation for a resumption under this Division with the following 26
s 222 111 s 222
Land
changes41-- 1
(a) a reference to a constructing authority is a reference to the State; 2
(b) a reference to the owner of land is a reference to the lessee of the 3
lease affected by the resumption; 4
(c) the compensation claimant refers the claim for compensation to 5
the Court by filing in the office of the registrar of the Court-- 6
(i) copies of the claim given by the claimant to the State; and 7
(ii) a copy of the order in council that effected the resumption; 8
(d) all other necessary changes and any changes prescribed under the 9
regulations. 10
(4) If a resumption is made of a freeholding lease that has been converted 11
from a perpetual lease, the compensation payable must not be less than the 12
compensation that would have been payable had the conversion not 13
happened. 14
a resumption 15
Revoking
222.(1) A resumption may be revoked by repealing the order in council 16
effecting the resumption. 17
(2) The revocation may be made only before compensation has been paid 18
or decided by the Court. 19
(3) On repeal of the order in council, the resumption is taken not to have 20
happened. 21
(4) However, a compensation claimant is entitled to claim compensation 22
only for loss, reasonable costs and expenses incurred by the claimant in 23
relation to the resumption before it was revoked. 24
(5) The Minister must decide the amount of the loss, costs and expenses. 25
(6) The compensation claimant may appeal against the Minister's 26
decision. 27
41 Part 4 of the Acquisition of Land Act 1967 is about the assessment and payment
of compensation.
s 223 112 s 226
Land
2--Resumption of a lease under a condition of the lease 1
Division
of Division 2
Application
223. This Division applies to a lease containing a condition that all or part 3
of the lease may be resumed. 4
of lease 5
Resumption
224.(1) A lease or part of a lease may be resumed by the Minister. 6
(2) However, the resumption must be in accordance with the condition in 7
the lease allowing the resumption. 8
of resumption 9
Effect
225.(1) If a lease or part of a lease is resumed under this Division, the 10
lease or part of the lease becomes unallocated State land free of any interest 11
or obligation. 12
(2) The owner of lawful improvements on the lease has the right to claim 13
the compensation allowed under this Division. 14
(3) To remove any doubt, it is declared that the lessee is the owner of 15
improvements made to the lease by the State only if the lessee has paid for 16
the improvements. 17
limited to improvements 18
Compensation
226.(1) Compensation for a resumption under this Division is payable 19
only for lawful improvements on the lease or part of the lease resumed. 20
(2) The compensation is the value of the improvements on the day the 21
resumption takes effect. 22
(3) The Minister must decide the compensation payable. 23
(4) The value of the improvements must be assessed as their market 24
value in a sale of the lease if the lease had not been resumed. 25
(5) The lessee may appeal against the Minister's decision. 26
s 227 113 s 230
Land
work an improvement 1
Development
227. For this Division, development work is taken to be an 2
improvement. 3
Division 3--Resumption of a reservation for a public purpose 4
of Division 5
Application
228.(1) This Division applies to a lease, a deed of grant or a deed of grant 6
in trust, containing a reservation for a public purpose and states the area of 7
land reserved. 8
of reservation 9
Resumption
229.(1) Possession of the area or part of the area of a lease, deed of grant 10
or deed of grant in trust reserved for a public purpose may be resumed by 11
order in council. 12
(2) If the reservation area is identified by description, the resumption 13
may apply only to the land described. 14
(3) If the reservation area is not identified by description, possession of 15
any part of the lease, deed of grant or deed of grant in trust, up to the total 16
area of the reservation, may be resumed. 17
of resumption of possession 18
Effect
230.(1) If possession of all or part of the reservation is resumed, the 19
resumed area becomes unallocated State land free of any interest or 20
obligation. 21
(2) An owner of lawful improvements on the resumed area has a right to 22
claim the compensation allowed under this Division. 23
(3) To remove any doubt, it is declared that the lessee, trustee or 24
registered owner is the owner of improvements made by the State on the 25
resumed area only if the lessee, trustee or registered owner has paid for the 26
improvements. 27
s 231 114 s 233
Land
of Acquisition of Land Act 1967 1
Application
231.(1) Part 4 of the Acquisition of Land Act 1967 applies to a claim for 2
compensation for a resumption of possession under this Division with the 3
following changes42-- 4
(a) a reference to a constructing authority is a reference to the State; 5
(b) a reference to the owner of land is a reference to the owner of 6
improvements affected by the resumption; 7
(c) the owner of improvements refers the claim for compensation to 8
the Court by filing in the office of the registrar of the Court-- 9
(i) copies of the claim given by the owner of improvements to 10
the State; and 11
(ii) a copy of the order in council effecting the resumption; 12
(d) all other necessary changes and any changes prescribed by the 13
regulations. 14
limited to improvements 15
Compensation
232.(1) Compensation for a resumption of possession under this 16
Division is payable only for lawful improvements on the resumed area. 17
(2) The compensation is the value of the improvements on the day the 18
resumption takes effect. 19
(3) The Minister must decide the compensation payable. 20
(4) The value of the improvements must be assessed as their market 21
value in a sale of the land if possession of the land had not been resumed. 22
(5) The owner of the improvements may appeal against the Minister's 23
decision. 24
work an improvement 25
Development
233. For this Division, development work is taken to be an 26
improvement. 27
42 Part 4 of the Acquisition of Land Act 1967 is about the assessment and payment
of compensation.
s 234 115 s 237
Land
ART 4--FORFEITURE 1
P
lease may be forfeited 2
When
234. A lease may be forfeited-- 3
(a) if the lessee defaults in the payment of an amount payable to the 4
State under this Act for the lease; or 43 5
(b) if the lessee breaches a condition of the lease; or 6
(c) if the lessee contravenes a provision of this Act in relation to the 7
lease; or 8
(d) if the lessee acquired the lease by fraud. 9
of forfeiture for outstanding amounts 10
Notice
235.(1) Before a lease is forfeited because of non-payment of an amount 11
payable to the State under this Act for the lease, the Minister must give the 12
lessee and any mortgagee at least 28 days notice of the Minister's intention 13
to forfeit the lease. 14
(2) The notice must state the amount outstanding and the amount of any 15
interest accruing each day. 16
options if amount unpaid 17
Minister's
236. If the amount outstanding, and any interest, is not paid at the expiry 18
of the notice, the Minister may forfeit the lease or allow the mortgagee to 19
sell the lease under this Part. 20
may reinstate lease if payment made 21
Minister
237. If a lease is forfeited because of the non-payment of an amount 22
payable to the State under this Act for the lease, the Minister may reinstate 23
the lease if-- 24
(a) the lessee makes payment of all amounts owing; and 25
43 The Minister may take action for non-payment. See section 196.
s 238 116 s 240
Land
(b) the Minister is satisfied the lessee had a reasonable excuse for not 1
complying with the payment requirements. 2
to the Court for forfeiture 3
Application
238.(1) Before a lease is forfeited other than for non-payment of an 4
amount payable to the State under this Act for the lease, the Minister must 5
refer the matter to the Court to decide whether the lease may be forfeited. 6
(2) The Minister must give the lessee and any mortgagee at least 28 days 7
notice of the Minister's intention to refer the matter to the Court. 8
(3) The notice must state the grounds on which the Minister considers 9
the lease may be forfeited. 10
(4) A copy of the notice must be filed in the Court at the same time as the 11
Minister refers the matter to Court. 12
in Council's options if Court decides on forfeiture 13
Governor
239. If the Court decides that the lease may be forfeited, the Governor in 14
Council may-- 15
(a) forfeit the lease; or 16
(b) decide not to forfeit the lease, but instead to-- 17
(i) allow the lease to continue but subject to the additional 18
conditions the Governor in Council considers appropriate; or 19
(ii) allow the lessee to convert the lease to a lease of a lesser 20
tenure, for the same or a lesser area, and subject to the 21
conditions the Governor in Council considers appropriate; or 22
(iii) allow the lessee to sell the lease within a time decided by the 23
Governor in Council; or 24
(iv) allow the mortgagee to sell the lease under this Part. 25
of notice of forfeiture 26
Publication
240.(1) If the Governor in Council forfeits a lease, notice of forfeiture 27
must be-- 28
s 241 117 s 243
Land
(a) given, in writing, to the lessee; and 1
(b) published in the Gazette. 2
(2) The forfeiture takes effect on the day the notice is gazetted. 3
(3) Notice of the forfeiture must be registered in the appropriate register. 4
of forfeiture 5
Effect
241. On forfeiture of a lease-- 6
(a) the lease ends; and 7
(b) the lessee is divested of any interest in the lease; and 8
(c) the land the subject of the lease becomes unallocated State land 9
free of any encumbrance. 10
to give up possession on forfeiture 11
Lessee
242.(1) On forfeiture of a lease, any person occupying the lease must 12
immediately vacate the land. 13
(2) A person who fails to give up possession under subsection (1) is 14
taken to be a person who is unlawfully occupying unallocated State land.44 15
on forfeited lease 16
Improvements
243.(1) The lessee of a forfeited lease may remove the lessee's 17
improvements on the lease only with the written approval of, and within a 18
time stated by, the Minister. 19
(2) The improvements are forfeited to the State if-- 20
(a) the Minister has not given written approval for their removal; or 21
(b) the Minister has given written approval for their removal but the 22
improvements have not been removed within the time stated by 23
the Minister. 24
(3) The lessee has a right to payment for the improvements under Part 5 25
44 Action for trespassing may be taken under Chapter 7, Part 2.
s 244 118 s 245
Land
unless the improvements become the property of the State for a lease 1
forfeited because the-- 2
(a) lessee acquired the lease by fraud; or 3
(b) lessee was not eligible to acquire or hold the lease. 4
by mortgagee instead of forfeiture 5
Sale
244.(1) After receiving a notice under section 235 or 238, a mortgagee of 6
a lease may make written application for permission to sell the lease.45 7
(2) The application must be sent to the chief executive. 8
(3) If the Governor in Council approves the sale of the lease by the 9
mortgagee, the chief executive must give written notice of the Governor in 10
Council's approval to the mortgagee and the lessee. 11
(4) After receiving the notice approving the sale, the mortgagee must sell 12
the lease as a mortgagee in possession under Chapter 6, Part 4, 13
Division 4.46 14
of forfeiture of lease issued without competition for 15
Effect
development purposes 16
245. If a lease issued without competition for development purposes is 17
forfeited, all project plans, feasibility studies and the results of investigations 18
for the lease that have been given to the chief executive by the lessee 19
become the property of the State. 20
45 Section 235 is about forfeiture of a lease for outstanding amounts. Section 238 is
about applying to the Court for forfeiture.
46 Chapter 6, Part 4, Division 4 is about registering dealings about mortgages.
s 246 119 s 247
Land
PART 5--PAYMENT FOR IMPROVEMENTS 1
Division 1--Payment for improvements by incoming lessee etc. 2
of Division 3
Application
246. This Division applies to land-- 4
(a) that has been the subject of a lease-- 5
(i) that has been forfeited; or 6
(ii) all or part of which has been surrendered absolutely; or 7
(iii) that has expired; or 8
(b) that has been the subject of an occupation licence that-- 9
(i) has been cancelled; or 10
(ii) has been surrendered absolutely; or 11
(c) that has been set aside as a reserve if-- 12
(i) the reserve has been revoked; and 13
(ii) the improvements on the reserve have been made by the 14
trustee of the reserve, or by a person with the trustee's 15
authority. 16
of payment for improvements by incoming lessee or buyer 17
Application
247.(1) If the State receives payment from an incoming lessee or buyer 18
for the improvements and development work on land to which this 19
Division applies, the State must pay the amount to-- 20
(a) for a lease--the previous lessee; or 21
(b) for an occupation licence--the previous licensee; or 22
(c) for a reserve--the person who owned the improvements on the 23
reserve. 24
(2) However, no amount is payable by the State to the person who was 25
the registered lessee of the lease, if the lease was forfeited because the lessee 26
acquired the lease by fraud or was not eligible to acquire or hold the lease. 27
s 248 120 s 249
Land
improvement amounts 1
Unclaimed
248. If the chief executive cannot find the person entitled to receive 2
payment for the improvements or the person does not collect the amount 3
from the State within 6 years from the day the State received the amount, 4
the amount is forfeited to the State. 5
2--Payment by the State for improvements 6
Division
by the State for improvements 7
Payment
249.(1) If a term lease for pastoral purposes expires or is surrendered 8
absolutely, or a perpetual lease for grazing or agricultural purposes is 9
surrendered, and the State-- 10
(a) sets aside any land, that was a part of the lease, as a reserve for a 11
community purpose; or 12
(b) dedicates any land, that was a part of the lease, as a road; 13
the State must pay, to the person who was the lessee, the value of any 14
lawful improvements on the part of the land set aside or dedicated. 15
(2) The value is the value of the improvements on the day of the expiry 16
or surrender. 17
(3) The Minister must decide the amount payable. 18
(4) The value of the improvements must be assessed as their market 19
value in a sale of a lease of the same term and tenure as the expired or 20
surrendered lease. 21
(5) The lessee may appeal against the Minister's decision. 22
(6) To remove any doubt, it is declared that the lessee is the owner of 23
improvements made to a lease by the State only if the lessee has paid for the 24
improvements. 25
(7) In this section-- 26
"development work" means an improvement. 27
s 250 121 s 252
Land
3--General 1
Division
owing to the State to be deducted 2
Amounts
250. If a lessee or other person is entitled to payment under this Part, the 3
State may deduct the following amounts from the amount payable to the 4
lessee or other person-- 5
(a) an amount in payment of expenses incurred by the State to rectify 6
damage caused to the land by the lessee; 7
(b) any amount owing to the State under this Act. 8
to mortgagee 9
Payment
251. If a lease was subject to a registered mortgage and payment is later 10
made for improvements on the land, the Minister may deduct from the 11
amount of the payment and pay to the mortgagee all or part of any amount 12
owing to the mortgagee by the lessee under the mortgage on the day the 13
lease ended. 14
ART 6--TREE MANAGEMENT 15
P
1--General 16
Division
of Part 17
Object
252. The object of this Part is to manage trees on unallocated State land 18
and on reserves, deeds of grant in trust, roads, licences, permits and leases 19
on which the State owns the trees, consistent with the following 20
principles-- 21
(a) to maintain the productivity of the land; 22
(b) to allow the development of the land; 23
(c) to prevent degradation of the land; 24
(d) to maintain biodiversity; 25
s 253 122 s 253
Land
(e) to maintain the environmental and amenity values of the 1
landscape; 2
(f) to maintain the scientific, recreation and tourism values of the 3
land; 4
(g) to ensure public safety. 5
6
Definitions
253. In this Part-- 7
"critical area" means-- 8
(a) land declared under the regulations to be-- 9
(i) highly vulnerable to land degradation; or 10
(ii) of high nature conservation value; or 11
(b) a critical habitat, or an area of major interest, identified in a 12
conservation plan under the Nature Conservation Act 1992; or 13
(c) land that is-- 14
(i) a protected area under Part 4 of the Nature Conservation Act 15
1992;47 or 16
(ii) the subject of a proposal under Part 4 of the Nature 17
Conservation Act 1992 for the declaration of a protected 18
area.48 19
"destroy" a tree means felling, ringbarking, pushing over, poisoning, or 20
destroying trees in other ways. 21
"environmentally sensitive area" means-- 22
(a) a critical area; or 23
(b) buffer areas to critical areas; or 24
47 Part 4 lists the classes of protected areas to which the Nature Conservation
Act 1992 applies.
48 Part 4 of the Nature Conservation Act 1992 is about setting aside and managing
protected areas e.g. National Parks, Conservation Parks, Wilderness Areas etc.
s 254 123 s 255
Land
(c) areas identified by local guidelines 49 as environmentally sensitive; 1
or 2
(d) areas declared under a regulation to be moderately vulnerable to 3
degradation; or 4
(e) areas declared under a regulation to be of nature conservation 5
value. 6
"lopping" a tree means cutting or pruning branches of the tree, but does not 7
include-- 8
(a) removing the trunk of the tree; or 9
(b) cutting or pruning branches of the tree so severely that the tree is 10
likely to die. 11
of Part 12
Application
254. This Part applies only to-- 13
(a) land on which trees are owned by the State; and50 14
(b) to remove any doubt--trust land. 15
Division 2--Tree clearing permit 16
clearing permit needed 17
Tree
255. A person must not-- 18
(a) clear a tree or allow a tree to be cleared on land other than under a 19
tree clearing permit or under an exemption under Division 3; or 20
(b) contravene a condition of a tree clearing permit or exemption. 21
Maximum penalty--400 penalty units. 22
49 See section 272.
50 Section 45 of the Forestry Act 1959 is about the ownership of forest products.
s 256 124 s 257
Land
of rehabilitation costs 1
Recovery
256.(1) On conviction of a person under section 255, the Court may 2
order the person to pay to the State, within a stated time, an amount that is 3
the total of-- 4
(a) the cost of any remedial work or rehabilitation necessary or 5
desirable because of the offence; and 6
(b) the value of every tree cleared or destroyed, which is the price 7
ordinarily obtainable for the sale of the tree. 8
(2) The amount mentioned in subsection (1) is a debt owing to the State 9
and may be recovered from the person in a court of competent jurisdiction. 10
(3) This section does not limit the court's powers under the Penalties 11
and Sentences Act 1992 or any other law. 12
(4) In this section-- 13
"conviction" includes a finding of guilt, and the acceptance of a plea of 14
guilt, by a court. 15
tree clearing permit is not needed 16
When
257. A tree clearing permit is not needed by-- 17
(a) a trustee of an existing deed of grant in trust for Aboriginal or 18
Islander inhabitants to clear trees on the deed of grant in trust; or 19
(b) a trustee prescribed under the regulations, to clear trees on the 20
land for which the person is trustee; or 21
(c) a person clearing trees for routine management purposes 22
prescribed under the regulations or routine rural management 23
purposes prescribed under the regulations and in accordance with 24
Division 3; or 25
(d) a person permitted by another Act to clear trees; or 26
(e) a person clearing noxious plants or plants prescribed under the 27
regulations as plants for which a tree clearing permit is not 28
needed, unless the clearing is by mechanical means in a critical 29
area. 30
s 258 125 s 261
Land
clearing permit needed despite condition in lease 1
Tree
258. Even if a condition of a lease requires clearing or destruction of 2
trees, the lessee must still obtain a tree clearing permit before complying 3
with the condition. 4
may apply for tree clearing permit 5
Who
259. The following persons may apply for a tree clearing permit-- 6
(a) any person for unallocated State land or roads; 7
(b) a lessee for the lessee's lease; 8
(c) a trustee for the land for which the person is trustee; 9
(d) a licensee for the licensee's licence; 10
(e) a permittee for the permittee's permit. 11
application for tree clearing permit made 12
How
260.(1) An application for a tree clearing permit must-- 13
(a) be made in the approved form; and 14
(b) be accompanied by the documents prescribed under the 15
regulations; and 16
(c) be lodged at an office of the department for the relevant district. 17
(2) The chief executive may ask the applicant for-- 18
(a) a tree management plan; or 19
(b) a map clearly delineating the area to be cleared. 20
management plan 21
Tree
261. A tree management plan must identify the following-- 22
(a) the main features of the land, including natural features and 23
improvements; 24
(b) major vegetation types; 25
(c) environmentally sensitive areas; 26
s 262 126 s 262
Land
(d) stands of commercial timber; 1
(e) the area of the land currently cleared; 2
(f) the area proposed to be cleared; 3
(g) the proposed land use after the initial clearing of the trees; 4
(h) the way the trees are to be cleared; 5
(i) the likely follow-up operations to control regrowth; 6
(j) any planned revegetation or rehabilitation; 7
(k) other information prescribed under the regulations. 8
chief executive must consider 9
Issues
262.(1) In deciding whether to issue a tree clearing permit, and in 10
deciding on any conditions to be imposed, the chief executive must consider 11
the following issues having regard to the object of this Part-- 12
(a) the protection of restricted vegetation types and areas of high 13
nature conservation value, particularly riparian lands and areas of 14
heritage values; 15
(b) the existence of any native title; 16
(c) the protection of lands vulnerable to degradation; 17
(d) the protection of important tree resources; 18
(e) the protection of water catchments; 19
(f) the protection of scenic, visual and landscape values; 20
(g) the economic and social benefits in the development of the land to 21
increase or maintain livestock or agricultural production; 22
(h) the economic and social benefits in clearing trees to accommodate 23
buildings, development works and utilities; 24
(i) the economic and social benefits in harvesting timber for 25
structural improvements in developing land where the timber is 26
situated; 27
(j) public safety and fire management. 28
(2) The chief executive must also consider the following issues in 29
s 263 127 s 263
Land
evaluating an application-- 1
(a) the purpose and conditions of the lease, licence, permit or reserve; 2
(b) the species or types of trees proposed to be cleared; 3
(c) the existence and extent of commercial timber on the land 4
proposed to be cleared; 5
(d) the existence and extent of environmentally sensitive areas on the 6
land proposed to be cleared; 7
(e) the extent of the proposed tree clearing and the proportion of the 8
land already cleared; 9
(f) the extent of clearing in a catchment and the likely impact of 10
clearing and follow-up operations on land in a catchment; 11
(g) the proposed land use after the initial clearing of the trees; 12
(h) the way the trees are to be cleared; 13
(i) the likely follow-up operations in the control of regrowth; 14
(j) the value for beekeeping purposes of the trees on the land 15
proposed to be cleared; 16
(k) the heritage or cultural value of the trees on the land proposed to 17
be cleared; 18
(l) the information contained in any tree management plan lodged; 19
(m) the local guidelines for broadscale tree clearing; 20
(n) other issues the chief executive considers relevant. 21
executive may issue tree clearing permit 22
Chief
263.(1) The chief executive may-- 23
(a) issue a tree clearing permit with or without conditions; or 24
(b) refuse to issue a tree clearing permit. 25
(2) A condition may limit the area to be cleared to a smaller area than the 26
area proposed in the application. 27
(3) The chief executive may issue a tree clearing permit inconsistent with 28
guidelines for broadscale tree clearing only if the chief executive is satisfied 29
s 264 128 s 265
Land
special circumstances exist. 1
(4) If the chief executive refuses to issue a tree clearing permit, the chief 2
executive must give written notice to the applicant of the refusal. 3
(5) To remove any doubt, it is declared that no compensation is payable 4
if a tree clearing permit is refused. 5
of tree clearing permit 6
Terms
264.(1) A tree clearing permit-- 7
(a) must not be for a term longer than 5 years; and 8
(b) must state the purpose for which the trees are to be cleared; and 9
(c) if a tree management plan accompanied the application--must 10
include the final form of the plan as approved by the chief 11
executive; and 12
(d) may state the way the trees must be cleared. 13
(2) If the term of a tree clearing permit is less than 5 years, the chief 14
executive may extend the term, but the total term of the permit must not be 15
longer than 5 years. 16
of tree clearing permit 17
Conditions
265.(1) A tree clearing permit is subject to the following conditions-- 18
(a) the person must not cause or allow a tree on the land (other than a 19
tree to which the permit applies) to be destroyed, damaged or 20
otherwise interfered with; 21
(b) if the permit states the way trees are to be cleared--the person 22
must not cause or allow them to be cleared in another way; 23
(c) if the permit included a tree management plan--the person must 24
comply with the plan; 25
(d) conditions prescribed under the regulations; 26
(e) conditions imposed by the chief executive and included in the 27
permit. 28
(2) A permit issued to a lessee to clear trees so the timber from the trees 29
s 266 129 s 267
Land
may be used in improving the lease from which the trees were cleared, may 1
not be subject to a condition requiring the lessee to pay any amount by way 2
of royalty. 3
(3) Subsection (2) does not apply to a lease consisting of all or part of a 4
State forest or timber reserve. 5
of tree clearing permit 6
Cancellation
266.(1) The chief executive may cancel a tree clearing permit if the chief 7
executive is satisfied-- 8
(a) the permit was issued on the basis of false or misleading material 9
contained in or accompanying the application; or 10
(b) a person has contravened a condition of the permit; or 11
(c) the clearing of trees has been carried out in a way-- 12
(i) not likely to be complete or effective; or 13
(ii) likely to be harmful or injurious to the land or adjoining 14
land; or 15
(d) there has been a substantial change in circumstances since the 16
issue of the permit and the permit would not now be issued. 17
(2) A tree clearing permit may be cancelled whether or not a prosecution 18
has been started for an offence against this Part. 19
clearing permit may continue on transfer 20
Tree
267. A tree clearing permit continues in force for the benefit of a 21
transferee of a lease if-- 22
(a) a tree management plan was approved for the permit; and 23
(b) before the transfer is registered, the transferee gives written notice 24
to the chief executive that the transferee is aware of, and agrees to, 25
the conditions of the permit. 26
s 268 130 s 270
Land
3--Clearing for routine management and routine rural 1
Division
management purposes 2
management 3
Routine
268.(1) A person who would normally be able to apply for a tree clearing 4
permit over land does not have to obtain a tree clearing permit if the person 5
is clearing trees on the land for routine management purposes prescribed 6
under the regulations. 7
(2) However, the person must comply with section 270. 8
(3) Subsection (1) does not apply to a lessee of a lease used for 9
agriculture or grazing. 10
rural management 11
Routine
269. A lessee may clear trees for routine rural management purposes 12
prescribed under the regulations without obtaining a tree clearing permit 13
if-- 14
(a) the lease is-- 15
(i) used for agriculture or grazing; and 16
(ii) not a lease over a State forest or timber reserve; and 17
(iii) not a lease over a protected area within the meaning given by 18
the Nature Conservation Act 1992; and 19
(b) the lessee complies with section 270. 20
of clearing 21
Conditions
270.(1) A person mentioned in section 268 or a lessee mentioned in 22
section 269 must not-- 23
(a) remove the trees cleared from the lease; or 24
(b) clear trees in a critical area; or 25
(c) clear trees prescribed under the regulations. 26
(2) However, a person or lessee may clear trees prescribed under the 27
regulations if the following conditions are satisfied-- 28
s 271 131 s 271
Land
(a) the lessee or trustee must give the chief executive written notice of 1
the following-- 2
(i) the species of the trees intended to be cleared; 3
(ii) the quantity of the trees intended to be cleared; 4
(iii) the routine management or routine rural management 5
purposes for which the trees are intended to be cleared; 6
(b) the notice must be accompanied by a map clearly showing the 7
area to be cleared; 8
(c) the person or lessee must have received written acknowledgment 9
from the chief executive that the chief executive has received the 10
notice; 11
(d) 28 days must have elapsed since the person or lessee received the 12
written acknowledgment; 13
(e) in the 28 day period, the person or lessee is not given written 14
notice that the chief executive objects to the tree clearing. 15
(3) However, if within the 28 day period the chief executive gives the 16
person or lessee written notice stating conditions that must be complied 17
with in the tree clearing, the person or lessee may clear the trees without 18
obtaining a permit under this section only if the conditions are complied 19
with. 20
Division 4--Broadscale tree clearing 21
of broadscale tree clearing policy 22
Approval
271.(1) The Governor in Council may approve a broadscale tree clearing 23
policy document. 24
(2) The document must include the issues to be covered in local 25
guidelines, including the following-- 26
(a) zones for tree clearing guidelines; 27
(b) native vegetation communities; 28
(c) maximum slope limitations; 29
s 272 132 s 272
Land
(d) watercourse buffers; 1
(e) size and configuration of clumps or strips of trees to be 2
maintained; 3
(f) the proportion of vegetation type that should be kept. 4
(3) If the Governor in Council approves the document, the chief 5
executive must-- 6
(a) notify the approval by Gazette notice stating the places where a 7
copy of the document is available for inspection; and 8
(b) keep a copy of the approved document available for inspection, at 9
all regional and district offices of the department, at all times 10
when the offices are open for the transaction of public business. 11
(4) On payment by a person of the reasonable fee decided by the chief 12
executive, the chief executive must give a copy of the document to the 13
person. 14
(5) A policy document under this section is not subordinate legislation. 15
guidelines for broadscale tree clearing 16
Local
272.(1) The Minister must approve guidelines for broadscale tree 17
clearing applying to areas of the State. 18
(2) Before approving guidelines for an area, the Minister must, with 19
appropriate public input, prepare draft guidelines and must give notice of the 20
draft guidelines. 21
(3) The notice must-- 22
(a) be published in a newspaper the Minister considers appropriate; 23
and 24
(b) state the places where copies of the draft guidelines-- 25
(i) may be inspected; or 26
(ii) bought on payment of the reasonable fee decided by the 27
chief executive; and 28
(c) invite submissions on the draft guidelines; and 29
(d) state a day by which submissions may be made on the contents 30
s 273 133 s 274
Land
of the draft guidelines. 1
(4) Guidelines are needed only if the Minister is of the opinion that the 2
likely volume of applications for broadscale tree clearing justifies the 3
preparation of the guidelines. 4
the guidelines 5
Finalising
273.(1) When finalising the guidelines for an area, the Minister must 6
consider all submissions properly made to the Minister. 7
(2) The guidelines must not be inconsistent with the broadscale tree 8
clearing policy document. 9
of guidelines 10
Publication
274. On approval of the guidelines for an area, the chief executive 11
must-- 12
(a) publish notice of the guidelines in a newspaper the chief executive 13
considers appropriate; and 14
(b) keep the guidelines available for inspection, at the regional and 15
district offices of the department that the chief executive considers 16
appropriate, at all times when the offices are open for transaction 17
of public business; and 18
(c) on payment by a person of the reasonable fee decided by the chief 19
executive, give a copy of the guidelines to the person. 20
s 275 134 s 277
Land
HAPTER 6--REGISTRATION AND DEALINGS 1
C
ART 1--LAND REGISTRY AND REGISTERS 2
P
Division 1--Land registry 3
comprising land registry 4
Registers
275. The land registry includes the following registers-- 5
(a) the leasehold land register; 6
(b) a register of reserves and trustees of trust land; 7
(c) a register of licences and permits; 8
(d) a register of easements over unallocated State land; 9
(e) a register of State housing leases. 10
Division 2--Registers 11
to be kept by chief executive 12
Registers
276. The chief executive must keep the following registers-- 13
(a) the leasehold land register; 14
(b) a register of reserves and trustees of trust land; 15
(c) a register of licences and permits; 16
(d) a register of easements over unallocated State land; 17
(e) a register of State housing leases; 18
(f) registers about land prescribed under the regulations. 19
of registers 20
Form
277.(1) A register kept by the chief executive may be kept in the form 21
(whether or not in a documentary form) the chief executive considers 22
s 278 135 s 280
Land
appropriate. 1
(2) Without limiting subsection (1), the chief executive may change the 2
form in which a register or part of a register is kept. 3
that must be recorded 4
Particulars
278. The chief executive must record in each register the particulars 5
necessary to identify-- 6
(a) every interest recorded in the register; and 7
(b) the name of the person who holds, and the name of each person 8
who has held, the registered interest; and 9
(c) all documents registered in the register and when they were 10
lodged and registered; and 11
(d) anything else needed to be recorded under this or another Act. 12
issue and end of tenures 13
Recording
279.(1) When a lease, licence or permit is issued or a reserve is dedicated 14
under this Act, the chief executive must-- 15
(a) record the particulars of the issue or dedication in the appropriate 16
register; and 17
(b) give a tenure document for the lease, licence or permit to the 18
person entitled to possession of the document. 19
(2) When a lease is forfeited or surrendered, a licence or permit cancelled 20
or surrendered or a reserve revoked-- 21
(a) the chief executive must record particulars of the forfeiture, 22
surrender, cancellation or revocation in the appropriate register; 23
and 24
(b) the person who has possession of the tenure document must 25
return it to the chief executive. 26
that may be recorded 27
Particulars
280. The chief executive may record in a register anything the chief 28
s 281 136 s 284
Land
executive considers should be recorded to ensure the register is an accurate, 1
comprehensive and useable record of the relevant land and dealings. 2
information may be kept 3
Other
281. The chief executive may keep separately from a register information 4
the chief executive considers necessary or desirable for the effective or 5
efficient operation of the register. 6
reference for each document 7
Distinguishing
282. In registering a document, the chief executive must give the 8
document a distinguishing reference and record the reference in the 9
particulars in the relevant register. 10
form part of a register 11
Documents
283.(1) A registered document is part of the register to which it relates. 12
(2) A registered document forms part of the register from when it is 13
lodged. 14
to search a register 15
Entitlement
284.(1) When an office of the land registry is open for business and on 16
payment of the fee prescribed under the regulations, a person may-- 17
(a) search and obtain a copy of-- 18
(i) the particulars recorded about a lease, licence, permit or 19
reserve; or 20
(ii) a registered document; or 21
(iii) a document that has been lodged but is not registered 22
(whether or not it has been cancelled); or 23
(iv) information kept under section 281; and 24
(b) obtain a copy of the particulars recorded about a lease, licence, 25
permit or reserve, or a registered document, certified by the chief 26
executive to be an accurate copy. 27
s 285 137 s 287
Land
(2) Subsection (1)(a)(iii) does not apply to a document destroyed by the 1
chief executive. 2
effect of certified copies of documents 3
Evidentiary
285.(1) A document purporting to be a certified copy of the particulars 4
recorded about a lease, licence, permit or reserve obtained under 5
section 284(1)(b) is evidence of the particulars recorded. 6
(2) A document purporting to be a certified copy of a registered 7
document obtained under section 284(1)(b) is evidence of the registered 8
document. 9
3--General requirements for documents in registers 10
Division
of documents 11
Form
286.(1) A document lodged by a person or issued by the chief executive 12
must be in the appropriate form. 13
(2) A document required or permitted to be executed must be in the 14
appropriate form when it is executed. 15
(3) In this Act, a reference to a particular type of document is a reference 16
to the document completed in the appropriate form. 17
documents must be in the appropriate form 18
Registered
287.(1) A document may be registered only if-- 19
(a) the document is in the appropriate form and correctly executed; 20
and 21
(b) if the Minister's approval is needed--the Minister has given 22
written approval to the transaction to which the document relates. 23
(2) However, if a document is not in the appropriate form, it may be 24
registered if the chief executive is satisfied it is not reasonable to require the 25
document to have been executed in the appropriate form. 26
s 288 138 s 291
Land
documents must be signed 1
Certain
288.(1) A document transferring a lease, sub-lease or licence or creating 2
an interest in a lease or sublease must be signed by-- 3
(a) the transferor or the person creating the interest; and 4
(b) the transferee or the person in whose favour the interest is to be 5
created or a lawyer authorised by the transferee or person. 6
(2) A total or partial discharge or release of mortgage need only be 7
signed by the mortgagee. 8
to be written on document etc. 9
Consent
289. If the consent of a person, other than the Minister, is necessary for 10
the sale or other dealing with a lease, sublease or licence, the consent must 11
be-- 12
(a) written on the relevant document; or 13
(b) if the chief executive considers it appropriate--deposited with the 14
relevant document. 15
number of executed copies to be lodged 16
Required
290. The chief executive may refuse to register a document if the number 17
of executed copies of the document prescribed under the regulations are not 18
lodged. 19
4--Powers of the chief executive 20
Division
executive may correct registers 21
Chief
291.(1) The chief executive may correct a register mentioned in 22
section 276 if the chief executive is satisfied51-- 23
(a) the register is incorrect; and 24
(b) the correction will not prejudice the rights of the holder of an 25
51 Section 276 lists the registers to be kept by the chief executive.
s 292 139 s 293
Land
interest in the relevant lease, licence or reserve. 1
(2) The chief executive's power to correct a register includes power to 2
correct a particular in the register or a document forming part of the register. 3
(3) If a register is corrected, the chief executive must record in the 4
register-- 5
(a) the state of the register before the correction; and 6
(b) the time, day and circumstances of the correction. 7
(4) A register corrected by the chief executive under this section has the 8
same effect as if the incorrect recording had not been made. 9
description 10
Lot-on-plan
292. The chief executive may simplify the description of land registered 11
in a register by amending the existing description to a lot-on-plan 12
description. 13
executive may authorise printing and sale of forms 14
Chief
293.(1) The chief executive, on reasonable terms, may authorise a person 15
to sell the appropriate form for a document other than a tenure document. 16
(2) A form for a document purporting to be authorised by the chief 17
executive is the appropriate form for the document unless the contrary is 18
proved. 19
(3) If there is an appropriate form for a document, a person must not sell 20
a form for the document (whether or not it is the appropriate form) unless 21
the person is authorised under subsection (1) to sell the appropriate form for 22
the document. 23
Maximum penalty--50 penalty units. 24
(4) If there is an appropriate form for a document, a person must not 25
knowingly use a form for the document that is not the appropriate form. 26
Maximum penalty--20 penalty units. 27
(5) If there is an appropriate form for a document, a person must not 28
knowingly use a form for the document (whether or not it is the appropriate 29
form) that has been sold by a person who has not been authorised under 30
s 294 140 s 295
Land
subsection (1) to sell the appropriate form for the document. 1
Maximum penalty--20 penalty units. 2
executive may require public notice to be given of certain 3
Chief
proposed action 4
294.(1) This section applies if a person (the "applicant") asks the chief 5
executive to do any of the following things-- 6
(a) register a transmission of a registered interest; 7
(b) issue a substitute tenure document or other registered document; 8
(c) dispense with production of a document. 9
(2) The chief executive, by written notice, may require the applicant to 10
give public notice of the request. 11
(3) The chief executive may specify in the notice to the applicant-- 12
(a) what must be included in the public notice; and 13
(b) how many times the public notice must be published; and 14
(c) how and when the public notice must be published. 15
(4) The applicant must satisfy the chief executive that the public notice 16
has been given as required by the chief executive. 17
ART 2--REGISTRATION AND ITS EFFECT 18
P
1--Registration of documents 19
Division
to have interest registered 20
Right
295.(1) If a person lodges a document transferring or creating an interest 21
in land under this Act, the chief executive must register the document if-- 22
(a) the document has been correctly executed; and 23
(b) the person lodges the document and all other documents needed 24
s 296 141 s 298
Land
by the chief executive to effect registration of the document; and 1
(c) the document appears on its face to be capable of registration; and 2
(d) the person has otherwise complied with this Act for the 3
registration of the document. 4
(2) However, subsection (1) does not prevent the person from 5
withdrawing the document before it is registered. 6
document needed for registration 7
Tenure
296.(1) A document may be registered only if the tenure document for 8
the land is returned for registration of the dealing. 9
(2) However, a tenure document need not be returned for registration of 10
the dealing with any of the following-- 11
(a) a request to register a writ of execution; 12
(b) a document for which the chief executive has dispensed with 13
production of the tenure document. 14
of registration of documents 15
Order
297.(1) Documents about a single parcel of land must be registered in the 16
order they are lodged. 17
(2) Subsection (1) is subject to section 308.52 18
of registered documents 19
Priority
298.(1) Registered documents have priority according to when each of 20
them was lodged and not according to when each of them was executed. 21
(2) A document is taken to be lodged on the day and at the time endorsed 22
on the document by the chief executive as the day and time of the lodgment 23
unless the contrary is proved. 24
(3) Subsection (1) is not affected by actual, implied or constructive 25
notice. 26
52 Section 308 is about withdrawing lodged documents before they are registered.
s 299 142 s 303
Land
a document is registered 1
When
299. A document is registered when the particulars about the document 2
are recorded in the relevant register. 3
2--Consequences of registration 4
Division
of registration 5
Benefits
300. The benefits of this Division apply to a document whether or not 6
valuable consideration has been given. 7
in land not transferred or created until registration 8
Interest
301. A document does not transfer a lease or licence or create a legal 9
interest in a lease until it is registered. 10
of registration on interest 11
Effect
302. On registration of a document expressed to transfer or create an 12
interest in land, the interest-- 13
(a) is transferred or created in accordance with the document; and 14
(b) is registered; and 15
(c) vests in the person identified in the document as the person 16
entitled to the interest. 17
effect of recording particulars in the register 18
Evidentiary
303. In all proceedings, the particulars of a registered document recorded 19
in the register are conclusive evidence of-- 20
(a) the registration of the document; and 21
(b) the contents of the document; and 22
(c) all things stated or implied in it by this or another Act; and 23
(d) when the document was lodged and registered. 24
s 304 143 s 305
Land
PART 3--DOCUMENTS 1
1--General 2
Division
unregistered documents 3
Correcting
304.(1) The chief executive may correct an obvious error in a lodged 4
document by noting the correction on the document. 5
(2) The chief executive may correct an obvious error in a lodged 6
document only if the chief executive is satisfied the document is incorrect 7
and the correction will not prejudice the rights of a person. 8
(3) A document corrected by the chief executive under this section has 9
the same effect as if the relevant error had not been made. 10
11
Requisitions
305.(1) The chief executive, by written notice (the "requisition") given 12
to a person who has lodged or deposited a document, may require the 13
person to-- 14
(a) re-execute, complete or correct the document if it appears to the 15
chief executive to be wrong, incomplete or defective; or 16
(b) produce to the chief executive stated information, or deposit a 17
stated document, in support of the person's application to register 18
a document. 19
(2) The chief executive may require the document or information to be 20
verified by statutory declaration or affidavit. 21
(3) A requisition may state when, and the place where, it must be 22
complied with. 23
(4) The chief executive may extend the time for complying with a 24
requisition. 25
(5) The chief executive may refuse to deal with a document lodged or 26
deposited by a person (and any document depending on it for registration) 27
until the person complies with the requisition. 28
s 306 144 s 308
Land
document for failure to comply with requisition 1
Rejecting
306.(1) If a requisition is not complied with by a person within the time 2
stated or extended by the chief executive, the chief executive may reject the 3
document to which the requisition relates and any document depending on it 4
for registration. 5
(2) A rejected document loses its priority under section 298 and must be 6
returned by the chief executive to the person who lodged it.53 7
(3) A memorandum recording the rejection of a document may be 8
endorsed on the rejected document or in a separate record kept in the 9
relevant register. 10
(4) This section does not prevent re-lodgment of a rejected document 11
after the requisition has been complied with. 12
lodged document before registration 13
Borrowing
307.(1) The chief executive may permit the following persons to borrow 14
a lodged document before it is registered-- 15
(a) the person who lodged or deposited the document; or 16
(b) the person for whom the document was lodged or deposited; or 17
(c) the agent of a person mentioned in subsection (1)(a) or (b). 18
(2) The person must return the document within the time stated or 19
extended by the chief executive, unless the person has a reasonable excuse. 20
Maximum penalty for subsection (2)--50 penalty units. 21
lodged document before registration 22
Withdrawing
308.(1) If the chief executive is satisfied the order in which a document 23
has been lodged in relation to other documents is such that the document 24
will not give effect to the intention expressed in it or a related document, or 25
is a document that should not have been lodged, the chief executive may-- 26
(a) withdraw the document; or 27
53 Under section 298, registered documents have priority according to when they
are lodged.
s 309 145 s 310
Land
(b) permit the document to be withdrawn. 1
(2) A document withdrawn by the chief executive under 2
subsection (1)(a) remains in the land registry, unless the document is a 3
document that should not have been lodged. 4
(3) The chief executive may re-lodge a document that has been 5
withdrawn by the chief executive. 6
(4) On receiving a written application, the chief executive may permit the 7
applicant to re-lodge a document that the chief executive has permitted to be 8
withdrawn. 9
(5) A document withdrawn under subsection (1) loses its priority and is 10
taken to have been lodged on the day and at the time endorsed on it by the 11
chief executive on its re-lodgment. 12
executive may call in document for correction or cancellation 13
Chief
309. The chief executive, by written notice, may require a person to 14
deposit a document for correction or cancellation. 15
of documents 16
Execution
310.(1) For a corporation, a document is validly executed if-- 17
(a) it is executed in a way permitted by law; or 18
(b) the document is sealed with the corporation's seal in accordance 19
with section 46 of the Property Law Act 1974.54 20
(2) For an individual, a document is validly executed if-- 21
(a) it is executed in a way permitted by law; and 22
(b) the execution is witnessed by a person prescribed under the 23
regulations. 24
(3) However, the chief executive may, in exceptional circumstances, 25
register a document executed by an individual even though the execution 26
was not witnessed or was not witnessed by a person prescribed under the 27
54 Section 46 of the Property Law Act 1974 is about the execution of instruments by
or for corporations.
s 311 146 s 312
Land
regulations. 1
(4) The witnessing of a document may be proved in any way permitted 2
by law. 3
(5) This section does not apply to a plan of survey. 4
documents for individuals 5
Witnessing
311. A person who witnesses a document signed by an individual 6
must-- 7
(a) first be satisfied the individual is the person entitled to sign the 8
document; and 9
(b) have the individual sign the document in the presence of the 10
person; and 11
(c) not be a party to the document. 12
document 13
Substitute
312.(1) If the chief executive is satisfied a tenure document or other 14
registered document cannot be further endorsed or has been lost or 15
destroyed, the chief executive may issue a substitute document. 16
(2) The chief executive may endorse on the substitute document-- 17
(a) that the document is a substitute replacing a lost or destroyed 18
document; and 19
(b) the day the substitute document was issued; and 20
(c) that the substitute must be used in place of the original document; 21
and 22
(d) the location of the original document as far as it is known; and 23
(e) other known circumstances of the loss or destruction. 24
(3) On the issue of the substitute document under subsection (1)-- 25
(a) the substitute document becomes the registered document instead 26
of the original document; and 27
(b) the substitute document has the priority to which the original 28
document was entitled. 29
s 313 147 s 315
Land
(4) The chief executive must record in the register that the substitute 1
document has been issued and the day it was issued. 2
of documents 3
Delivery
313. If the chief executive is required or permitted to return a document 4
to a person who has deposited or lodged it in the land registry, the chief 5
executive may return it by leaving it at a place designated for the purpose in 6
the land registry. 7
with production of document 8
Dispensing
314.(1) The chief executive may dispense with the production of a 9
document. 10
(2) Before the chief executive dispenses with the production of a 11
document, the chief executive may require evidence that a person seeking to 12
deal with a lease or licence is entitled to deal with the lessee or licensee, and 13
that the document that cannot be produced-- 14
(a) has been lost or no longer exists; and 15
(b) is not deposited as security or for safe custody. 16
(3) The chief executive must record in the register that production of the 17
document has been dispensed with and the day production of it was 18
dispensed with. 19
document in certain circumstances 20
Destroying
315.(1) The chief executive may destroy part of a register or a document 21
held in the office of the land registry if the part or the document-- 22
(a) is not evidence of an existing interest; or 23
(b) is evidence of an existing interest for which there is accurate 24
evidence in another part of the register; or 25
(c) will not be needed for registering the effect of a transaction. 26
(2) Before destroying part of a register or a document under 27
subsection (1), the chief executive must copy it in whatever way the chief 28
executive considers appropriate. 29
s 316 148 s 319
Land
(3) However, the chief executive must not destroy an original will. 1
(4) The chief executive may return a suitably perforated cancelled tenure 2
document to the person who, immediately before its cancellation, was 3
entitled to it. 4
(5) The chief executive's power under subsection (1) is subject to the 5
Libraries and Archives Act 1988. 6
must do everything necessary 7
Transferor
316. A person who, for valuable consideration, signs a document to 8
transfer or create an interest in a lease must do everything necessary to give 9
effect to the matters stated in the document or implied by this or another 10
Act. 11
Division 2--Documents forming part of standard documents 12
of "standard document" in Division 13
Meaning
317. In this Division-- 14
"standard document" means a document containing provisions treated as 15
terms of a further document to which it must apply or applies. 16
document may be registered 17
Standard
318. The chief executive or anyone else may lodge a standard document 18
and may amend the standard document by lodging a further document. 19
document part of a further document 20
Standard
319. All or part of a registered standard document, or an amended 21
registered standard document, forms part of a document if the document-- 22
(a) says it forms part of the document; and 23
(b) belongs to a class identified in the standard document as a 24
document to which the standard document applies. 25
s 320 149 s 322
Land
not limited to that contained in standard document 1
Document
320.(1) As well as the provisions in a registered standard document, a 2
document may include a provision incorporating other terms into the 3
document. 4
(2) If there is a conflict between the standard document and terms 5
included in another document, the other document prevails. 6
or cancellation of standard document 7
Withdrawal
321.(1) The chief executive may withdraw a registered standard 8
document if asked to withdraw it by the person who lodged it. 9
(2) The chief executive may cancel a registered standard document 10
lodged by the chief executive after giving 1 months notice in the Gazette. 11
(3) The chief executive must keep and, if asked, produce for inspection a 12
copy of a standard document cancelled or withdrawn under this section. 13
(4) Withdrawal or cancellation of a standard document does not affect a 14
document already registered or executed within 7 days after its withdrawal 15
or cancellation. 16
ART 4--DEALINGS AFFECTING LAND 17
P
1--Transfers 18
Division
for transfers 19
Requirements
322.(1) A lease, licence or sublease may be transferred-- 20
(a) to a person only if the person is eligible to hold the lease, licence 21
or sublease under this Act; and 22
(b) only if the Minister has given written approval to the transfer. 23
(2) The Minister's approval lapses unless the transfer is lodged in the 24
land registry within 6 months after the Minister's approval. 25
s 323 150 s 324
Land
(3) The Minister may extend the time mentioned in subsection (2). 1
(4) The Minister's approval may be given on the conditions the Minister 2
states, including-- 3
(a) that all rent and charges owing to the State on the lease or licence 4
are paid before the transfer is lodged; and 5
(b) that the lodgement of the transfer must be accompanied by a 6
statutory declaration signed by the incoming lessee or licensee 7
stating the incoming lessee or licensee is aware of-- 8
(i) the condition of the land; and 9
(ii) the level of compliance with the conditions of the lease or 10
licence; and 11
(iii) any current tree management plans affecting the lease or 12
licence; and 13
(iv) any current agreements under an Act affecting the lease or 14
licence. 15
(5) If the Minister decides not to approve a transfer, the transferor must 16
be given written notice of the decision and the reasons for the decision. 17
(6) The transferor may appeal against the Minister's decision. 18
(7) The Minister's approval is not necessary for the transfer of-- 19
(a) a mortgage; and 20
(b) if the lessee has a general authority to sublease--a sublease. 21
must be registered 22
Transfers
323.(1) If a lease, licence, sublease or a mortgage is transferred, the 23
transfer must be registered. 24
(2) An interest in a mortgage may not be transferred. 25
of lands sold in possession or in execution 26
Transfer
324. If a lease or sublease is sold under a power of sale or a registered 27
writ of execution-- 28
(a) the mortgagee in possession; or 29
s 325 151 s 327
Land
(b) the sheriff, registrar or clerk of the court of the relevant court; 1
must sign a transfer to a buyer eligible to hold the lease or sublease under 2
this Act. 3
of registration of transfer 4
Effect
325. On registration of a transfer-- 5
(a) all the rights, powers, privileges and liabilities of the transferor 6
vest in the transferee; and 7
(b) the transferee holds the interest in the land subject to the registered 8
interests affecting the interest. 9
to indemnify 10
Transferee
326. If a lease or a sublease, subject to a registered mortgage, is 11
transferred, the transferee is liable to indemnify the transferor against 12
liability under the mortgage and under this or another Act. 13
2--Surrender 14
Division
of lease or deed of grant 15
Surrender
327.(1) A lessee, on the terms agreed to between the Minister and the 16
lessee, may surrender a lease, or part of a lease, for-- 17
(a) the absolute surrender of the lease; or 18
(b) a subsequent action for the lease. 19
(2) A registered owner, with the Minister's approval, may surrender the 20
registered owner's deed of grant.55 21
55 For the surrender of a road licence, occupation licence or permit, see Chapter 3,
Part 2, Division 3; Chapter 8, Part 5, Division 1 and Chapter 4, Part 4.
s 328 152 s 331
Land
of subleases 1
Surrender
328.(1) If a sublease is surrendered, the surrender must be registered. 2
(2) However, a surrender of a sublease may be registered only if each 3
registered mortgagee and registered sub-sublessee has given written 4
agreement to the surrender. 5
(3) On registration of a surrender of a registered sublease, the interest of 6
the sublessee vests in the sublessor. 7
(4) Subsection (2) does not apply to a surrender or disclaimer under a 8
law about bankruptcy. 9
of surrender needed 10
Notice
329.(1) If a lessee is absolutely surrendering a lease under 11
section 327(1)(a), the lessee must give 1 years notice of the intention to 12
surrender or pay 1 years rent in advance at the time of surrender. 13
(2) However, the Minister may waive the giving of 1 years notice or 14
paying 1 years rent in appropriate circumstances. 15
for effective surrender 16
Requirements
330. A surrender of a lease may be registered only if-- 17
(a) the Minister gives written approval to the surrender; and 18
(b) if the lease is subject to a mortgage or sublease--the mortgagee 19
or sublessee gives written approval to the surrender; and 20
(c) any subsequent action by the department to carry out a 21
requirement of the approval has been finished. 22
of surrender on existing interests 23
Effect
331.(1) If a lease or part of a lease is surrendered, other than absolutely, 24
all interests in the lease or part of the lease at the time of surrender continue 25
in the new lease or deed of grant. 26
s 332 153 s 333
Land
(2) If a lease or deed of grant is absolutely surrendered, all interests are 1
extinguished from the day the surrender is registered.56 2
Division 3--Subleases 3
require Minister's approval 4
Subleases
332.(1) A lease issued under this Act may be subleased only-- 5
(a) if the Minister has given written approval to the sublease or the 6
lessee holds a general authority to sublease; and 7
(b) to a person who is eligible to hold the sublease under this Act. 8
(2) A copy of the proposed sublease must accompany the application 9
seeking the Minister's approval. 10
(3) The Minister may-- 11
(a) refuse to approve a sublease; or 12
(b) approve the sublease on the conditions the Minister considers 13
appropriate; or 14
(c) approve the sublease unconditionally. 15
(4) The Minister's approval lapses unless the sublease is lodged in the 16
land registry within 6 months after the Minister's approval. 17
(5) The Minister may extend the time mentioned in subsection (4). 18
(6) If the Minister decides not to approve a sublease, the sublessor must 19
be given written notice of the decision and the reasons for the decision. 20
(7) The sublessor may appeal against the Minister's decision. 21
authority to sublease 22
General
333.(1) If the Minister considers it appropriate, the Minister may issue to 23
a lessee an authority to sublease without seeking the Minister's approval. 24
(2) If subsection (1) applies, the lessee may sublease the lease under the 25
56 But public utility easements may still continue after absolute surrender--see
section 372.
s 334 154 s 336
Land
guidelines prescribed under the regulations. 1
(3) An authority given under subsection (1) may be withdrawn. 2
(4) A lessee may still seek the Minister's approval to sublease even 3
though an authority under subsection (1) is in force. 4
(5) If a lease is transferred, an authority given under subsection (1) is 5
cancelled from the day the transfer is registered. 6
subleasing is totally prohibited 7
When
334. A lessee may not sublease a lease if this Act forbids subletting, or 8
the lease contains a condition specifically forbidding subletting. 9
must be registered 10
Subleases
335.(1) If a lease issued under this Act is subleased, the sublease must be 11
registered. 12
(2) If the sublease is for part of a lease, the appropriate form for the 13
sublease must also include-- 14
(a) a sketch plan identifying the land being subleased, drawn to a 15
standard to the chief executive's satisfaction; or 16
(b) if required by the chief executive--a plan of survey identifying 17
the land being subleased. 18
(3) However, the chief executive may allow the land being subleased to 19
be identified by a description alone if the chief executive is satisfied the land 20
is adequately identified by the description in the document. 21
a sublease 22
Amending
336.(1) A registered sublease may be amended by registering an 23
amendment of the sublease. 24
(2) However, the document of amendment must not-- 25
(a) increase or decrease the area subleased; and 26
(b) add or remove a party to the sublease; and 27
(c) increase the term of the sublease. 28
s 337 155 s 341
Land
continues to be responsible for primary obligations 1
Lessee
337. The lessee of a lease that is sublet, in whole or in part, continues to 2
be liable for all the conditions to which the lease is subject. 3
of sublease or amendment of sublease against mortgagee 4
Validity
338. A sublease or amendment of a sublease executed after the 5
registration of a mortgage is valid against the mortgagee only if the 6
mortgagee agreed to the sublease or amendment before its registration. 7
by sublessor 8
Re-entry
339.(1) If a sublessor under a registered sublease lawfully re-enters and 9
takes possession under the sublease, the sublessor may lodge a request for 10
the chief executive to register the re-entry. 11
(2) The interest of the sublessee ends on the registration of the request for 12
the re-entry. 13
Division 4--Mortgages 14
a mortgage 15
Registering
340.(1) A lease or a sublease may be mortgaged by registering a 16
mortgage. 17
(2) If the mortgagor is borrowing as a trustee, a document stating the 18
details of the trust or the document creating the trust must be deposited with 19
the mortgage. 20
of a mortgage 21
Effect
341. A registered mortgage of a lease or sublease operates only as a 22
charge on the lease or sublease for the debt or liability secured by the 23
mortgage. 24
s 342 156 s 345
Land
a mortgage 1
Releasing
342.(1) If a release of mortgage is lodged, the chief executive may 2
register the release to the extent shown in the release. 3
(2) The release of mortgage may release the debt or liability secured 4
for-- 5
(a) all or part of the mortgage; or 6
(b) 1 or more of the mortgagors. 7
(3) On registration of a release of mortgage, the mortgage is discharged, 8
and the lease is released from the mortgage, to the extent shown in the 9
release. 10
a mortgage 11
Amending
343.(1) A registered mortgage may be amended only by registering an 12
amendment of the mortgage. 13
(2) However, the document of amendment must not add or remove a 14
party to the mortgage. 15
priority of mortgages 16
Amending
344.(1) The priority of registered mortgages may be amended by 17
registering a document amending priority. 18
(2) The document amending priority must-- 19
(a) state the order of priority of all affected registered mortgages; and 20
(b) be executed by all mortgagees affected by the amendment. 21
(3) On registration of the document amending priority, the mortgages 22
have priority in the order stated in the document. 23
in possession may sell 24
Mortgagee
345.(1) A mortgagee is entitled to sell a lease if-- 25
(a) the lessee defaults under a mortgage; and 26
(b) the mortgagee has entered into possession of the mortgaged lease 27
s 346 157 s 347
Land
or is exercising a power of sale under the mortgage; and 1
(c) the mortgagee complies with this Division. 2
(2) The mortgagee must notify the Minister within 28 days of entering 3
into possession of the mortgaged lease. 4
Maximum penalty--5 penalty units. 5
of mortgaged lease 6
Sale
346.(1) The mortgagee must first offer the lease for sale by public 7
auction or with the Minister's written approval may sell the lease by private 8
contract. 9
(2) The lease must not be offered for sale by public auction or a contract 10
of sale entered into until at least 28 days after the mortgagee has published a 11
notice, in the newspaper that has the largest circulation in the locality of the 12
lease, that the lease is for sale. 13
(3) A sale by a mortgagee must be to a person qualified under this Act to 14
hold the lease. 15
(4) The lodgement of the transfer must be accompanied by a statutory 16
declaration signed by the incoming lessee stating the incoming lessee is 17
aware of-- 18
(a) the condition of the land; and 19
(b) the level of compliance with the conditions of the lease; and 20
(c) any current tree management plan affecting the lease; and 21
(d) any current agreement under an Act affecting the lease. 22
to be sold within 2 years 23
Land
347.(1) The mortgagee must arrange to sell the lease within 2 years of 24
entering into possession of the lease. 25
(2) The mortgagee may apply to the Minister to extend the 2 years. 26
(3) The application under subsection (2) must be made within the 2 year 27
period. 28
(4) If the Minister decides not to extend the time, the mortgagee must be 29
s 348 158 s 350
Land
given written notice of the decision and the reasons for the decision. 1
(5) The mortgagee may appeal against the Minister's decision. 2
(6) If the mortgagee does not sell the lease within 2 years of entering into 3
possession of the lease or an appeal to extend the time is unsuccessful, the 4
chief executive may sell the mortgaged lease. 5
of proceeds of sale 6
Disposal
348. The mortgagee must apply the proceeds of sale as follows-- 7
(a) firstly, to the payment of all costs, charges and expenses properly 8
incurred by the mortgagee for the sale or any attempted sale; 9
(b) secondly, to payment of charges on the lease, including any rent, 10
instalments or penalty interest, owing to the State; 11
(c) thirdly, to payment of any amount owing to a mortgagee or, if 12
more than 1 mortgagee, according to their priorities; 13
(d) fourthly, if the mortgagee is selling in possession under section 14
244, to payment of expenses incurred by the State to rectify any 15
damage caused to the land by the lessee;57 16
(c) lastly, to the lessee. 17
of mortgagee in possession 18
Liability
349. A mortgagee who enters into possession under a lease or sublease 19
(whether by taking the rents or profits or in another way) is liable under the 20
lease or sublease to the same extent as the lessee or sublessee was liable 21
under the lease or sublease before the mortgagee entered into possession. 22
of transfer after sale by mortgagee 23
Effect
350. If a transfer executed by a registered mortgagee after the exercise of 24
the power of sale under the mortgage is registered, registration of the 25
document vests the mortgagor's interest that is transferred in the transferee, 26
57 Section 244 is about how a mortgagee obtains approval to sell a lease.
s 351 159 s 352
Land
free from liability under the mortgage and any other mortgage registered 1
after it. 2
Division 5--Subdividing leases 3
approval required for subdivision 4
Minister's
351.(1) A lease may be subdivided only if the Minister has given written 5
approval to the subdivision. 6
(2) The Minister's approval may be given on the conditions the Minister 7
states in the approval. 8
(3) A condition may be that a plan of survey approved by the Minister 9
and capable of registration be lodged in the land registry. 10
of survey must be registered if needed 11
Plan
352.(1) If the Minister approves of the subdivision of a lease on the 12
condition that a plan of survey capable of registration be lodged in the land 13
registry-- 14
(a) the plan must be lodged within 6 months after the Minister's 15
approval; and 16
(b) the plan and the surrender of the existing lease must be registered 17
before separate leases can be issued for the lease being 18
subdivided. 19
(2) The Minister may extend the time mentioned in subsection (1)(a). 20
(3) The chief executive may register a plan only if-- 21
(a) the plan is in the appropriate form and correctly executed; and 22
(b) the Minister has given written approval to the plan; and 23
(c) the plan is accompanied by a statement-- 24
(i) by the lessee agreeing to the plan and surrendering to the 25
State any land to be used for a public use; and 26
(ii) by any encumbrancee affected by the subdivision, agreeing 27
to the subdivision; and 28
s 353 160 s 355
Land
(d) the plan complies with the Surveyors Act 1977 and has been 1
certified as accurate by a licensed surveyor. 2
of new leases 3
Issue
353.(1) On fulfilment of the conditions stated by the Minister, the 4
registration of the plan and the surrender of the lease to be subdivided, the 5
lessee is entitled to have new leases issued. 6
(2) The new leases start on the next quarter day after the surrender. 7
of new leases 8
Conditions
354.(1) The conditions of a new lease are the conditions agreed between 9
the Minister and the lessee. 10
(2) If the subdivided lease was a term lease, the term of each new lease is 11
the term agreed between the Minister and the lessee. 12
(3) However, if the term of a new lease is longer than the remaining term 13
of the subdivided lease, the Minister must still consider the issues in 14
Chapter 4, Part 3, Division 2 before the new lease is issued.58 15
6--Amalgamating leases 16
Division
only by agreement 17
Amalgamation
355.(1) Two or more adjoining leases of the same tenure and held by the 18
same lessee may be amalgamated into 1 lease only if the Minister has given 19
written approval to the amalgamation. 20
(2) The Minister's approval may be given on the conditions the Minister 21
states in the approval. 22
(3) In this section-- 23
"adjoining" includes leases separated only by a road or watercourse. 24
58 Chapter 4, Part 3, Division 2 is about the expiry and renewal of leases.
s 356 161 s 358
Land
of new lease 1
Issue
356.(1) On fulfilment of the conditions stated by the Minister and the 2
surrender of the leases to be amalgamated, the lessee is entitled to have a 3
new lease issued. 4
(2) Any required plan of survey and surrender of leases must be 5
registered before the new lease is issued. 6
(3) The new lease starts on the next quarter day after the surrender. 7
of amalgamated lease 8
Conditions
357.(1) The conditions of an amalgamated lease are the conditions agreed 9
between the Minister and lessee. 10
(2) If amalgamation has been initiated by the Minister, the Minister may 11
waive any fees and charges associated with the surrender, amalgamation 12
and issue of the amalgamated lease. 13
(3) If the leases amalgamated are term leases, the term of the 14
amalgamated lease is the term agreed between the Minister and the lessee. 15
(4) However, if the term of the new lease is longer than the remaining 16
term of either of the leases amalgamated, the Minister must still consider 17
the issues in Chapter 4, Part 3, Division 2 before the new lease is issued.59 18
7--Correcting and changing deeds of grant and leases 19
Division
deeds of grant 20
Changing
358.(1) A registered owner or trustee may surrender the land contained 21
in the registered owner's deed of grant or trustee's deed of grant in trust if 22
the description of the land is no longer correct because of-- 23
(a) an exchange of land under Chapter 2, Part 1; or 24
(b) a sale of all or part of a reservation under Chapter 2, Part 2; or 25
(c) the addition of land under Chapter 3, Part 1, Division 3; or 26
59 Chapter 4, Part 3, Division 2 is about the expiry and renewal of leases.
s 359 162 s 359
Land
(d) a boundary correction or amendment under Chapter 3, Part 1, 1
Division 4; or 2
(e) the opening or closing of a road, through or adjoining any land 3
held in fee simple, under Chapter 3, Part 2, Divisions 4 and 5; or 4
(f) a sale without competition under Chapter 4, Part 1, Division 2. 5
(2) A registered owner or trustee, with the Minister's written approval, 6
may surrender the land contained in the registered owner's deed of grant or 7
trustee's deed of grant in trust if-- 8
(a) on resurvey of the land, the boundaries of the land do not agree 9
with the boundaries described in the existing deed or appropriate 10
plan, and no doubt exists about the boundaries of the land; or 11
(b) the boundaries of the land have significantly changed because of 12
erosion or by gradual and imperceptible degrees. 13
(3) On the surrender of the land, a new deed or deeds must be issued 14
containing the land to which the registered owner or trustee is entitled. 15
(4) When issuing any new deed under this section, the Governor in 16
Council may amend or change the description of the land. 17
(5) The Registrar of Titles must register the new deed and must record 18
on the deed all mortgages, leases, easements or other transactions that were 19
recorded on the deed surrendered. 20
(6) If action is taken under this section to issue a new deed, no fee is 21
payable by the registered owner or trustee. 22
deeds of grant 23
Correcting
359.(1) A notice of intention to correct, or cancel, a deed of grant must be 24
published in the Gazette and in a newspaper the Minister considers 25
appropriate, if it appears that the deed of grant-- 26
(a) is incorrect because of an error in issuing it; or 27
(b) should not have been issued; 28
(2) If the Minister considers it appropriate, the Minister may-- 29
(a) apply to the Supreme Court for directions; or 30
(b) state a case for decision by the Supreme Court. 31
s 360 163 s 360
Land
(3) If the Governor in Council is satisfied the deed of grant is incorrect or 1
should not have been issued, the Governor in Council may publish a 2
Gazette notice correcting the error or cancelling the deed of grant. 3
(4) On the publication of the notice, the Registrar of Titles must record 4
the correction or cancellation in the appropriate register. 5
(5) The corrected deed of grant operates as if it had been originally issued 6
that way. 7
(6) The cancelled deed of grant is taken never to have been issued. 8
(7) In this section-- 9
"deed of grant" includes a deed of grant in trust. 10
leases 11
Changing
360.(1) The Governor in Council may amend the description or anything 12
else in a lease if-- 13
(a) the boundaries of the land contained in the lease are not stated in 14
the lease with adequate certainty or do not agree with the 15
boundaries shown on the relevant plan; or 16
(b) the lease is defective because of an error or omission in its 17
preparation; or 18
(c) a survey of the land gives more accurate knowledge of the lease; 19
or 20
(d) the Court has made a decision under section 435, on a dispute 21
about the boundaries; or60 22
(e) the Governor in Council has approved of the mutual exchange, 23
after agreement by the lessees of adjoining leases, of areas 24
adjoining a common boundary between the leases; or 25
(f) the Governor in Council has approved that an area of unallocated 26
State land or trust land be included in the lease; or 27
(g) the Governor in Council considers it necessary for another reason 28
to correct the lease. 29
60 Section 435 allows the Minister to refer matters to the Court.
s 361 164 s 362
Land
(2) The chief executive must record particulars of the amendment in the 1
appropriate register. 2
(3) An amended lease operates as if it had been originally issued or 3
executed as amended. 4
8--Easements 5
Division
6
Definitions
361. In this Division-- 7
"public utility easement" means an easement in favour of a public utility 8
provider. 9
"public utility provider" means-- 10
(a) the State or a State authority or instrumentality; and 11
(b) the Commonwealth or a Commonwealth authority or 12
instrumentality; and 13
(c) a local government; and 14
(d) a person authorised by law to provide a public utility service. 15
may be created only by registration 16
Easements
362.(1) With the Minister's written approval, an easement may be 17
created over non-freehold land, other than a road, by registering the 18
document creating the easement in the appropriate register. 19
(2) The document must state-- 20
(a) the nature of the easement and its terms; and 21
(b) the land to be benefited, and the land to be burdened, by the 22
easement. 23
(3) However, it is not necessary to state the land benefited in a public 24
utility easement that is not attached to, or used or enjoyed with, other land. 25
(4) An easement may be limited wholly or partly in height or depth. 26
s 363 165 s 365
Land
of easement 1
Registration
363.(1) A document creating an easement may be registered only if-- 2
(a) a plan of survey designating the proposed easement is also 3
registered; and 4
(b) it is signed by-- 5
(i) the owner of the land to be burdened; and 6
(ii) the owner of the land to be benefited by the easement or the 7
public utility provider; and 8
(c) the Minister has given written approval to the easement. 9
(2) A plan of survey is not necessary if the chief executive considers it is 10
unnecessary because of exceptional circumstances. 11
(3) Subsections (1)(b) and (c) do not apply to an easement compulsory 12
acquired by the State. 13
(4) In this section, the State is taken to be the owner of unallocated State 14
land and reserves. 15
(5) In subsection (1)-- 16
"owner of the land" includes a registered owner, lessee, licensee and 17
permittee. 18
of plan showing proposed easement 19
Registration
364.(1) A plan designating a proposed easement may be registered only 20
if the designation includes the words `proposed easement'. 21
(2) Registration of the plan does not create an easement. 22
to be registered 23
Particulars
365.(1) When an easement is registered, the following particulars must 24
be recorded in the appropriate registers-- 25
(a) the land burdened by the easement; 26
(b) any land benefited by the easement; 27
(c) any registered sublease (or, if the land is freehold land, registered 28
s 366 166 s 368
Land
lease) benefited or burdened by the easement. 1
(2) To remove any doubt, it is declared that subsection (1) applies even if 2
the appropriate registers are for both freehold and non-freehold land. 3
(3) Further dealings affecting the easement must also be registered in the 4
appropriate registers. 5
and liabilities created on registration of document 6
Rights
366.(1) On the registration of the document creating the easement, the 7
proposed easement shown on the plan is created and, without anything 8
further, vests in the person entitled to the benefit of it. 9
(2) If the easement is a public utility easement, the lessee of the land 10
burdened by the easement may recover from the public utility provider a 11
reasonable contribution towards the cost of keeping the part of the land 12
affected by the easement in a condition appropriate for enjoyment of the 13
easement. 14
(3) The liability under subsection (2) may be amended or excluded by 15
agreement. 16
benefiting and burdening land of same person 17
Easement
367. An easement may be registered even if-- 18
(a) the land benefited and the land burdened by the easement are 19
owned by the same person; or 20
(b) the owner of the land benefited by the easement holds an interest 21
in the land burdened by the easement. 22
person becoming lessee, licensee or permittee of benefited and 23
Same
burdened lands 24
368.(1) An easement is not extinguished merely because the lessee, 25
licensee or permittee the land benefited by the easement acquires an interest, 26
or a greater interest, in the land burdened by the easement. 27
(2) If the same person becomes the lessee, licensee or permittee of the 28
land benefited and the land burdened by an easement, the easement is 29
s 369 167 s 371
Land
extinguished only if-- 1
(a) the lessee, licensee or permittee asks the chief executive to 2
extinguish the easement; or 3
(b) the land benefited and the land burdened are amalgamated. 4
Public utility easements 5
369.(1) A public utility easement may be registered even though it is not 6
attached to, or used or enjoyed with, other land. 7
(2) A public utility easement may be registered only for the following-- 8
(a) a right of way; 9
(b) drainage or sewerage; 10
(c) the supply of water, gas, electricity, telecommunication facilities 11
or another public utility service. 12
an easement 13
Amending
370.(1) A registered easement may be amended by registering a 14
document amending the easement. 15
(2) However, the document of amendment must not-- 16
(a) change the location of the easement; or 17
(b) increase or decrease the area of land affected by the easement; or 18
(c) change a party to the easement. 19
(3) Section 363 applies to this section.61 20
an easement 21
Surrendering
371.(1) An easement may be surrendered (wholly or partly) only if a 22
document surrendering the easement is registered in the appropriate 23
registers for the land benefited and burdened. 24
(2) The document of surrender may be signed by the-- 25
61 Section 363 is about how an easement may be registered.
s 372 168 s 372
Land
(a) owner of the land benefited and the owner of the land burdened 1
by the easement; or 2
(b) owner of the land benefited by the easement; or 3
(c) public utility provider in whose favour the easement is registered. 4
(3) A document surrendering an easement may be registered only if all 5
persons who have a registered interest in the land benefited by the easement 6
agree to the surrender. 7
(4) Subsection (3) does not apply to a sublessee or lessee who does not 8
receive a benefit from the easement. 9
(5) In this section, the State is taken to be the owner of unallocated State 10
land and reserves. 11
(6) In subsection (2)-- 12
"owner of the land" includes a registered owner, lessee, licensee and 13
permittee. 14
and continuation of easements 15
End
372.(1) An easement over a lease, licence or reserve ends when the lease 16
or licence ends or the reserve is revoked. 17
(2) However, with the Minister's written approval, a public utility 18
easement may continue over unallocated State land when the lease or licence 19
ends or the reserve is revoked. 20
(3) If freehold land is subject to a public utility easement and the land is 21
surrendered, the easement may continue, with the Minister's written 22
approval, over the resulting unallocated State land. 23
(4) If a public utility easement continues over unallocated State land, the 24
continuation must be recorded in the appropriate register. 25
(5) If unallocated State land, over which there is a public utility easement, 26
is dealt with under this Act-- 27
(a) the Minister may approve the easement continue; and 28
(b) if approved--the continuation of the easement must be recorded 29
in the appropriate register. 30
s 373 169 s 375
Land
may modify or extinguish an easement 1
Court
373. Section 181 of the Property Law Act 1974 applies to an easement 2
under this Act.62 3
9--Trusts, deceased estates and bankruptcy 4
Division
of trust must be given 5
Details
374.(1) The Governor in Council may issue a deed of grant or a lease to 6
a person as trustee only if-- 7
(a) the deed of grant or lease may be issued to a trustee under this 8
Act; and 9
(b) a document stating details of the trust, or a document creating the 10
trust, has been given to the chief executive. 11
(2) The document stating details of the trust must be produced, for a deed 12
of grant, to the Registrar of Titles when the deed of grant is registered. 13
(3) The document stating details of the trust does not form part of the 14
register. 15
(4) The chief executive or the Registrar of Titles must keep a certified 16
copy of the document and return the original to the person who deposited it. 17
(5) To remove any doubt, it is declared that this section does not apply to 18
deeds of grant in trust. 19
held in trust must be registered 20
Interests
375.(1) Unless a lease is issued to a trustee under section 374, an interest 21
in a lease or sublease may only be held in trust if a transfer of the interest to 22
the trustee is registered. 23
(2) A transfer of an interest to be held in trust may be registered only if-- 24
(a) the transferee is eligible, under this Act, to hold the land on trust; 25
and 26
62 Section 181 of the Property Law Act 1974 is about modifying and extinguishing
easements and restrictive covenants.
s 376 170 s 377
Land
(b) a document stating details of the trust, or the document creating 1
the trust, is deposited with the transfer. 2
(3) The document deposited with the transfer does not form part of the 3
register. 4
(4) The chief executive must keep a certified copy of the document and 5
return the original to the person who deposited it. 6
of grant or lease may issue in name of deceased person 7
Deed
376.(1) The Governor in Council may issue a deed of grant or lease in 8
the name of a deceased person-- 9
(a) if the person was entitled to its issue on the day of the person's 10
death; or 11
(b) on the happening of an event after the person's death that would 12
otherwise entitle the person to its issue. 13
(2) The deed of grant or lease issued-- 14
(a) is as valid as it would have been if the person had been alive 15
when it was issued; and 16
(b) has the same effect, as between the persons entitled to the land 17
contained in the deed of grant or lease, as if the person had died 18
immediately after its issue. 19
personal representative 20
Registering
377.(1) A person may lodge an application to be registered as personal 21
representative of a deceased lessee, sublessee, licensee or mortgagee. 22
(2) The chief executive may register the person as personal representative 23
only if-- 24
(a) if the person has obtained a grant of representation, or the 25
resealing of a grant of representation, in Queensland--the grant or 26
resealing, or an office copy of the grant or resealing issued by the 27
Supreme Court, is deposited; or 28
(b) if paragraph (a) does not apply and the lessee, sublessee, licensee 29
or mortgagee died without a will-- 30
s 378 171 s 378
Land
(i) letters of administration of the deceased person's estate have 1
not been granted in Queensland within 6 months after the 2
death; and 3
(ii) the gross value of the deceased person's Queensland estate 4
at the day of death was no more than the amount prescribed 5
under the regulations or, if no amount is prescribed, 6
$150 000; and 7
(iii) the chief executive is of the opinion the person would 8
succeed in an application for a grant of representation; or 9
(c) if paragraph (a) does not apply and the lessee, sublessee or 10
licensee died leaving a will--the chief executive is of the opinion 11
the person would succeed in an application for a grant of 12
representation. 13
(3) A person registered as personal representative without a grant of 14
representation has the same rights, powers and liabilities as if a grant of 15
representation had been made to the person. 16
(4) The validity of an act done or payment made in good faith by a 17
person registered as personal representative is not affected by a later grant of 18
representation. 19
(5) If the grantee of a grant of representation is different from the person 20
registered as personal representative, the person must-- 21
(a) account to the grantee for all property of the deceased person 22
controlled by the person before the grant; and 23
(b) take all action necessary to divest from the person and vest in the 24
grantee all property of the deceased person remaining under the 25
person's control. 26
in documents to a person with an interest in land includes 27
References
personal representatives etc. 28
378.(1) In a document made or executed under this Act, a reference to a 29
person as registered owner, transferor, transferee, mortgagor, mortgagee, 30
lessor, lessee, trustee or as having an interest in land includes a reference to 31
the person's personal representatives, successors and assigns. 32
s 379 172 s 380
Land
(2) The application of this section may be displaced, wholly or partly, by 1
a contrary intention appearing in the document. 2
beneficiary 3
Registering
379.(1) A person who is beneficially entitled under a will to a lease, 4
sublease or licence of a deceased lessee, sublessee or licensee may apply to 5
the chief executive to be registered as lessee, sublessee or licensee. 6
(2) However, the chief executive may register the person only if-- 7
(a) the written approval of the deceased's personal representative is 8
given; and 9
(b) the person satisfies the chief executive the person is beneficially 10
entitled to the lease, sublease or licence. 11
for Supreme Court order 12
Applying
380.(1) This section applies to-- 13
(a) the Attorney-General; or 14
(b) a trustee or beneficiary under a trust; or 15
(c) a personal representative, a beneficiary or anyone else interested 16
in-- 17
(i) a lease, sublease or licence of a deceased person; or 18
(ii) a trust involving a lease, sublease or licence of a deceased 19
person. 20
(2) A person to whom this section applies may apply to the Supreme 21
Court for an order that a named person be registered as lessee, sublessee or 22
licensee. 23
(3) The Supreme Court may make 1 or more of the following orders-- 24
(a) that a person be registered as lessee, sublessee or licensee; 25
(b) that a person be removed from the appropriate register as lessee, 26
sublessee or licensee; 27
(c) that a person advertise in a particular way; 28
(d) that costs be paid by any person or out of any property. 29
s 381 173 s 384
Land
(4) The chief executive must register particulars of an order if a request to 1
register the order is lodged and an office copy of the order is deposited. 2
(5) An order does not vest an interest in the lease, sublease or licence 3
until it is registered. 4
on bankruptcy 5
Transmission
381. The chief executive may register a transmission of an interest in a 6
lease, sublease or licence under a law about bankruptcy only if a request to 7
register the transmission is lodged. 8
in bankruptcy 9
Disclaimer
382. The chief executive may register a disclaimer of an interest in land 10
under this Act under a law about bankruptcy only if notice of the disclaimer 11
and a request to register the disclaimer is lodged. 12
Division 10--Powers of attorney and disabilities 13
of attorney 14
Power
383.(1) A power of attorney that allows dealings with land under this Act 15
must be registered in the powers of attorney register under the Land Title 16
Act 1994. 17
(2) A power of attorney registered under the Land Title Act 1994-- 18
(a) is taken to be a power of attorney registered for this Act; and 19
(b) authorises the donee to deal with any interest in land that may be 20
dealt with by the donor under the power of attorney and this Act. 21
under a disability 22
Persons
384. The Supreme Court may authorise a person to act for a lessee or 23
licensee who appears to the Court to be incapable of managing the person's 24
own affairs because, for example, of age or mental illness. 25
s 385 174 s 388
Land
by attorneys 1
Acts
385. An act may be done by a person who is responsible by law for the 2
management and care of someone else's interests if-- 3
(a) the act is required or permitted to be done by or for the other 4
person under this Act; and 5
(b) the person has a mental illness or is incapable of managing their 6
own affairs. 7
11--Writs of execution 8
Division
a writ of execution 9
Registering
386. The chief executive may register a request to record a writ of 10
execution only if an office copy of the writ is lodged with the request. 11
of registering a writ of execution 12
Effect
387. For buyers, sublessees, mortgagees and creditors, until a writ of 13
execution is registered-- 14
(a) it does not bind or affect a lease, whether or not there is actual or 15
constructive notice of the writ; and 16
(b) binds or affects a lease only if the writ is executed and put in force 17
within-- 18
(i) 6 months of its lodgment; or 19
(ii) the extended time allowed by the court where the writ is filed 20
and notified to the chief executive. 21
of registration of a writ of execution 22
Cancellation
388. Registration of a writ of execution may be cancelled if a request to 23
cancel it is lodged and the chief executive is satisfied the time, or extended 24
time, for executing and putting the writ into force has ended. 25
s 389 175 s 392
Land
or satisfying writ of execution 1
Discharging
389. Discharge or satisfaction of a writ of execution may be registered if 2
a request to register it is lodged and the chief executive is satisfied the writ 3
has been discharged or satisfied. 4
12--Liens 5
Division
does not have equitable lien 6
Vendor
390. A vendor of a lease or licence does not have an equitable lien on the 7
lease or licence because of the buyer's failure to pay all or part of the 8
purchase price for the lease or licence. 9
CHAPTER 7--GENERAL 10
PART 1--ADMINISTRATION 11
1--Ministerial administration 12
Division
of Act 13
Administration
391. This Act is to be administered by the Minister and, subject to the 14
Minister, by the chief executive. 15
by Minister 16
Delegation
392.(1) The Minister may delegate the Minister's powers under this Act 17
or another Act administered by the Minister to the chief executive or to an 18
officer or employee of the department. 19
(2) The Minister may delegate the Minister's powers about matters 20
connected with the public business of the State administered by the Minister 21
(whether the powers arise under an Act or otherwise) to-- 22
s 393 176 s 393
Land
(a) another Minister; or 1
(b) the chief executive or the chief executive of another department; 2
or 3
(c) an officer or employee of the public service. 4
(3) The Minister may delegate the Minister's powers under this Act 5
about roads and trust land to a local government. 6
(4) However, the following powers of the Minister must not be 7
delegated-- 8
(a) dedicating a reserve or revoking all of a reserve; 9
(b) dispensing with the need to obtain the Minister's approval for 10
trustee leases; 11
(c) extending the term of a lease for a year. 12
by chief executive 13
Delegation
393.(1) The chief executive may delegate the chief executive's powers 14
under this Act or another Act administered by the Minister to an officer or 15
employee of the department. 16
(2) The chief executive may delegate the chief executive's powers about 17
matters connected with the public business of the State administered by the 18
Minister (whether the powers arise under an Act or otherwise) to an officer 19
or employee of the public service. 20
(3) The chief executive may delegate the chief executive's powers under 21
this Act about roads and trust land to a local government. 22
(4) The chief executive may delegate to a port authority the chief 23
executive's powers to issue a permit to occupy land-- 24
(a) below high-water mark within the limits of a port; and 25
(b) above high-water mark, if the land adjoins the limits of a port and 26
is needed as strategic port land. 27
s 394 177 s 396
Land
of review 1
Committee
394. The Minister may establish a committee of review to help the 2
Minister under Chapter 4, Part 1. 3
2--Appointment of authorised persons and other matters 4
Division
of authorised persons 5
Appointment
395.(1) The chief executive may appoint any of the following persons as 6
authorised persons-- 7
(a) officers and employees of the public service; 8
(b) other persons prescribed under the regulations. 9
(2) The chief executive may appoint a person as an authorised person 10
only if-- 11
(a) the chief executive considers the person has the necessary 12
expertise or experience to be an authorised person; or 13
(b) the person has satisfactorily finished training approved by the 14
chief executive. 15
person's appointment conditions 16
Authorised
396.(1) An authorised person holds office on the conditions stated in the 17
instrument of appointment. 18
(2) An authorised person-- 19
(a) if the instrument is for a term--ceases to hold office at the end of 20
the term; and 21
(b) may resign by signed notice of resignation given to the chief 22
executive; and 23
(c) if the conditions of appointment provide--ceases holding office 24
as an authorised person on ceasing to hold another office stated in 25
the appointment conditions (the "main office"). 26
(3) However, an authorised person may not resign from the office of 27
authorised person (the "secondary office") under subsection (2)(b) if a 28
s 397 178 s 398
Land
term of the authorised person's employment to the main office requires the 1
authorised person to hold the secondary office. 2
person's identity card 3
Authorised
397.(1) The chief executive must give each authorised person an identity 4
card. 5
(2) The identity card must-- 6
(a) contain a recent photograph of the authorised person; and 7
(b) be signed by the authorised person; and 8
(c) identify the person as an authorised person under this Act; and 9
(d) include an expiry date. 10
(3) A person who ceases to be an authorised person must return the 11
person's identity card to the chief executive within 21 days after the person 12
ceases to be an authorised person, unless the person has a reasonable 13
excuse. 14
Maximum penalty--10 penalty units. 15
(4) This section does not prevent the giving of a single identity card to a 16
person for other Acts or purposes. 17
(5) If a police officer is appointed as an authorised person, the police 18
officer's existing identification card or badge is taken to be an identity card 19
for this Part. 20
of identity card 21
Production
398.(1) An authorised person may exercise a power in relation to 22
someone else (the "other person") only if the authorised person-- 23
(a) first produces his or her identity card for the other person's 24
inspection; or 25
(b) has the identity card displayed so it is clearly visible to the other 26
person. 27
(2) However, if for any reason it is not practicable to comply with 28
subsection (1), the authorised person must produce the identity card for the 29
s 399 179 s 400
Land
other person's inspection at the first reasonable opportunity. 1
(3) This section does not apply to a police officer who is in uniform. 2
from liability 3
Protection
399.(1) An authorised person does not incur civil liable for an act done, 4
or omission made, honestly and without negligence under this Act. 5
(2) If subsection (1) prevents a civil liability attaching to a authorised 6
person, the liability attaches instead to the State. 7
3--Inspection powers 8
Division
to enter land 9
Power
400.(1) An authorised person may, with or without assistants, and only 10
for a purpose of this Act-- 11
(a) enter on land at any reasonable time; and 12
(b) inspect the land and the uses made of the land; and 13
(c) photograph or film anything on the land; or 14
(d) take samples of or from anything on the land; or 15
(e) do anything reasonable and necessary to exercise a power under 16
paragraphs (a) to (d). 17
(2) The authorised person must enter freehold land only with the 18
agreement of the occupier or, if there is no occupier, the registered owner. 19
(3) Before entering non-freehold land, the authorised person must-- 20
(a) obtain the agreement of the occupier or, if there is no occupier, the 21
lessee, licensee, permittee or trustee; or 22
(b) give at least 14 days notice to the person mentioned in 23
paragraph (a) of-- 24
(i) the authorised person's intention to enter on the land; and 25
(ii) the proposed purpose in entering on the land; and 26
(iii) the day and time when the person proposes to enter the land. 27
s 401 180 s 401
Land
(4) Subsections (2) and (3) do not apply if-- 1
(a) the land is trust land, land in a lease, licence or permit or freehold 2
land containing a reservation for a public purpose; and 3
(b) the authorised person believes, on reasonable grounds, that the 4
terms or conditions of the trust, lease, reservation, permit or 5
licence applying to the land or this Act are not being complied 6
with. 7
(5) In exercising a power under subsection (1), an authorised person 8
must take all reasonable steps to ensure the person causes as little 9
inconvenience, and does as little damage, as is practicable. 10
(6) To remove any doubt, it is declared that this section does not 11
authorise the entry of a building or other structure used for residential 12
purposes. 13
(7) In this section-- 14
"occupier" of a place includes a person who reasonably appears to be the 15
occupier, or in charge, of the place. 16
"non-freehold land" includes freehold land containing a reservation for a 17
public purpose or a deed of grant in trust. 18
person to give notice of damage 19
Authorised
401.(1) This section applies if an authorised person, or a person assisting 20
an authorised person, damages anything in the exercise of a power under 21
this Part. 22
(2) The authorised person must promptly give written notice of the 23
particulars of the damage to the person who appears to be the thing's 24
owner. 25
(3) However, if for any reason it is not practicable to comply with 26
subsection (2), the authorised person must leave the notice, in a reasonably 27
secure way and in a conspicuous position, at the place where the damage 28
happened. 29
(4) In this section-- 30
"owner" of a thing includes the person in possession or control of the 31
thing. 32
s 402 181 s 403
Land
(5) If the authorised person believes the damage was caused by a latent 1
defect in the thing or other circumstances beyond the authorised person's 2
control, the authorised person may state this in the notice. 3
(6) This section does not apply to damage the authorised person believes, 4
on reasonable grounds, is trivial. 5
6
Compensation
402.(1) A person may claim compensation if the person incurs loss or 7
expense because of the exercise or purported exercise of a power under this 8
Division. 9
(2) Compensation may be claimed and ordered in a proceeding for-- 10
(a) compensation brought in a court of competent jurisdiction; or 11
(b) an offence against this Act brought against the person making the 12
claim for compensation. 13
(3) A court may order compensation to be paid only if it is satisfied it is 14
just to make the order in the circumstances of the particular case. 15
(4) The regulations may prescribe matters that may, or must, be taken 16
into account by the court when considering whether it is just to make the 17
order. 18
of authorised person 19
Impersonation
403. A person must not pretend to be an authorised person. 20
Maximum penalty--50 penalty units. 21
s 404 182 s 406
Land
PART 2--UNLAWFUL OCCUPATION OF 1
NONFREEHOLD AND TRUST LAND 2
1--Unlawful occupation of non-freehold and trust land 3
Division
trespassing 4
No
404.(1) A person must not unlawfully, do any of the following things 5
(a "trespass related act") in relation to non-freehold or trust land-- 6
(a) occupy or live on it; 7
(b) enclose it; 8
(c) build, place or maintain any structure, improvement, work or 9
thing on it; 10
(d) clear, dig up or cultivate it; 11
(e) depasture stock or cause stock to be depastured on it. 12
Maximum penalty--400 penalty units. 13
(2) If a person is found guilty by a Magistrates Court of an offence 14
against subsection (1), the court may make any further order the court may 15
make in a proceeding by the chief executive under Division 2. 16
(3) Subsection (2) does not limit the court's powers under the Penalties 17
and Sentences Act 1992 or any other Act. 18
2--Action to deal with unlawful occupation 19
Division
of Division 20
Application
405. This Division applies to unallocated State land, trust land and roads. 21
to person to leave land, remove structures etc. 22
Notice
406.(1) If the chief executive is satisfied a person is unlawfully 23
occupying land or has unlawfully done a trespass related act on land, the 24
chief executive may give the person a written notice (a "trespass notice"). 25
s 407 183 s 408
Land
(2) The trespass notice may require the person-- 1
(a) to leave the land; or 2
(b) to remove from the land, improvements, goods (including stock) 3
or anything else; or 4
(c) not to remove from the land, improvements, goods (including 5
stock) or anything else; or 6
(d) to remove anything enclosing the land; or 7
(e) to do anything necessary to restore the land to its state before the 8
person occupied the land or did anything to the land. 9
(3) The trespass notice must state-- 10
(a) a time (the "required time") to comply with the notice; and 11
(b) that failure to comply with the notice-- 12
(i) is an offence; and 13
(ii) may result in proceedings in the Magistrates Court being 14
started against the person. 15
(4) The required time must be at least 28 days after the day the trespass 16
notice is given to the person. 17
must comply with notice 18
Person
407. A person who is given a trespass notice must comply with the 19
notice, unless the person starts a proceeding under this Division or has a 20
reasonable excuse. 21
Maximum penalty--400 penalty units. 22
etc. forfeited 23
Improvements
408. If a person to whom a trespass notice is given does not, either 24
comply with the notice or start a proceeding under this Division, then, at the 25
end of the required time, the improvements, goods (including stock) or 26
anything else belonging to the person that is on the land, the subject of the 27
notice, is forfeited to the State. 28
s 409 184 s 410
Land
may start proceeding in Magistrates Court 1
Person
409.(1) A person who receives a trespass notice may start a proceeding 2
in the Magistrates Court nearest to the land the subject of the notice. 3
(2) The proceeding must be started by the person within the required 4
time. 5
(3) The person starts the proceeding by-- 6
(a) filing a written notice (a "proceeding notice") with the clerk of 7
the court of the Magistrates Court stating the orders sought in 8
relation to the trespass notice; and 9
(b) filing a copy of the trespass notice; and 10
(c) giving to the chief executive a copy of the proceeding notice. 11
(4) The proceeding notice must state the grounds on which the orders of 12
the court are sought. 13
executive may start proceeding 14
Chief
410.(1) If the chief executive is satisfied a person is unlawfully 15
occupying land, or has unlawfully done a trespass related act on land, the 16
chief executive may start a proceeding in the Magistrates Court. 17
(2) The chief executive may start a proceeding whether or not a trespass 18
notice has been given to a person. 19
(3) The proceeding must be started in the Magistrates Court nearest to the 20
land the subject of the proceeding. 21
(4) The chief executive starts the proceeding by-- 22
(a) filing a written notice (a "proceeding notice") with the clerk of 23
the court of the Magistrates Court stating the orders sought by the 24
chief executive; and 25
(b) giving a copy of the proceeding notice to the person mentioned in 26
subsection (1). 27
(5) The proceeding notice must state the grounds on which the orders of 28
the court are sought. 29
(6) However, if a trespass notice has been given to a person, a 30
proceeding may be started by the chief executive only if-- 31
s 411 185 s 414
Land
(a) the required time has expired and the person has not started a 1
proceeding under this Division about the trespass notice; or 2
(b) the person has started, but has discontinued or not continued a 3
proceeding under this Division about the trespass notice. 4
may be filed 5
Defence
411.(1) A person who receives a proceeding notice may defend the 6
proceeding by filing a written notice (a "defence notice") with the clerk of 7
the court of the Magistrates Court within 14 days of receiving the 8
proceeding notice. 9
(2) The defence notice must state-- 10
(a) the grounds on which the proceeding is defended; and 11
(b) the orders sought by the chief executive or the person. 12
may carry out work 13
State
412.(1) If a person does not comply with a trespass order, within a 14
reasonable time, the State may carry out work stated in the order. 15
(2) If the State carries out work stated in a trespass order, the cost of the 16
work is a debt owing by the person to the State. 17
of officers and employees of the department 18
Powers
413. Officers and employees of the department may exercise the powers 19
and force reasonable and necessary to enforce a trespass order. 20
3--Action by lessee, licensee, permittee or trustee 21
Division
of Division 22
Application
414. This Division applies to a lease, licence, permit and trust land. 23
s 415 186 s 417
Land
licensee, permittee or trustee may start proceeding 1
Lessee,
415.(1) A trustee of trust land and a lessee, licensee or permittee may 2
start a proceeding in the Magistrates Court if the trustee, lessee, licensee or 3
permittee believes, on reasonable grounds, another person is unlawfully 4
occupying the trust land, lease, licence or permit or has unlawfully done a 5
trespass related act on the trust land, lease, licence or permit. 6
(2) The proceeding must be started in the Magistrates Court nearest to the 7
trust land, lease, licence or permit. 8
(3) A trustee, lessee, licensee or permittee may start a proceeding by-- 9
(a) filing a written notice (a "proceeding notice") with the clerk of 10
the court of the Magistrates Court stating the orders sought by the 11
trustee, lessee, licensee or permittee; and 12
(b) giving a copy of the proceeding notice to the other person 13
mentioned in subsection (1) and the chief executive. 14
(4) The proceeding notice must state the grounds on which the orders of 15
the court are sought. 16
may be filed 17
Defence
416.(1) A person who receives a proceeding notice may defend the 18
proceeding by filing a written notice (a "defence notice") with the clerk of 19
the court of the Magistrates Court within 14 days of receiving the 20
proceeding notice. 21
(2) The defence notice must state-- 22
(a) the grounds on which the proceeding is defended; and 23
(b) the orders sought by the person. 24
Division 4--Court matters 25
procedures 26
Hearing
417.(1) The power to make rules of court under the Magistrates Courts 27
Act 1921 includes power to make rules of court for proceeding in a 28
Magistrates Court under this Part. 29
s 418 187 s 419
Land
(2) The procedure for a proceeding in a Magistrates Court under this Part 1
must be-- 2
(a) in accordance with the rules made under the Magistrates Courts 3
Act 1921; or 4
(b) in the absence of relevant rules, as directed by a Magistrate. 5
(3) In the proceeding, the Magistrates Court-- 6
(a) is not bound by the rules of evidence; and 7
(b) must observe natural justice; and 8
(c) may hear the proceeding in court or chambers. 9
of Magistrates Court about orders 10
Discretion
418.(1) In a proceeding under this Part, the Magistrates Court may make 11
any order (a "trespass order") it considers appropriate. 12
(2) Without limiting subsection (1), the court may order that-- 13
(a) a person leave the land and not return; or 14
(b) a person remove from the land improvements, goods (including 15
stock) or anything else; or 16
(c) a person not remove from the land improvements, goods 17
(including stock) or anything else; or 18
(d) a person remove anything enclosing the land; or 19
(e) improvements, goods (including stock) or anything else be 20
forfeited to the State or someone else; or 21
(f) work be performed on the land by a person to rectify damage to 22
the land by the person; or 23
(g) the cost of the work to be performed on the land be a debt owing 24
by the person to the State or someone else. 25
of the Magistrates Court must be complied with 26
Order
419. A person must comply with a trespass order. 27
Maximum penalty--400 penalty units. 28
s 420 188 s 424
Land
to District Court on questions of law only 1
Appeal
420. A party dissatisfied with a trespass order may appeal to the District 2
Court, but only on a question of law. 3
ART 3--REVIEW OF DECISIONS AND APPEALS 4
P
Division 1--Right of appeal 5
of right of appeal to be given 6
Notice
421.(1) A person who has a right to appeal against a decision under this 7
Act must be given written notice of the person's right to appeal against the 8
decision. 9
(2) The notice must be given when notice of the decision and the reasons 10
for the decision are given to the person. 11
2--Internal review of decisions 12
Division
process starts with internal review 13
Appeal
422. Every appeal against a decision (an "original decision") under this 14
Act must be, in the first instance, by way an application for internal review. 15
may apply for review etc. 16
Who
423. A person who has a right to appeal against a decision mentioned in 17
Schedule 2 may apply to the Minister for a review of the decision. 18
for review 19
Applying
424.(1) An application by a person for review of a decision must be 20
made within 28 days after notice of the decision was given to the person. 21
(2) The Minister may extend the period for making an application for 22
s 425 189 s 426
Land
review. 1
(3) An application for review must be written and state in detail the 2
grounds on which the applicant seeks review of the decision. 3
of operation of decision etc. 4
Stay
425.(1) If an application is made under this Part for review of a decision, 5
the applicant may immediately apply for a stay of the decision to the court. 6
(2) The court may stay the decision to secure the effectiveness of the 7
review and any later appeal to the court. 8
(3) A stay-- 9
(a) may be given on conditions; and 10
(b) operates for the period stated by the court; and 11
(c) may be revoked or amended by the court. 12
(4) The period of a stay under this section must not extend past the time 13
when the Minister reviews the decision and any later period the court allows 14
the applicant to enable the applicant to appeal against the decision. 15
(5) The making of an application under this Part for review of a decision 16
affects the decision, or the carrying out of the decision, only if the decision 17
is stayed. 18
on reconsideration 19
Decision
426.(1) After reviewing the original decision, the Minister must make a 20
further decision (the "review decision") to confirm the original decision, 21
amend the original decision or substitute a new decision. 22
(2) The chief executive must immediately give the applicant written 23
notice of the decision. 24
(3) If the review decision is not the decision sought by the applicant, the 25
notice must state-- 26
(a) the reasons for the decision; and 27
(b) that the applicant may appeal against the decision to the court 28
within 28 days. 29
s 427 190 s 429
Land
Division 3--Appeals 1
may appeal 2
Who
427. A person who has applied for the review of a decision under 3
Division 2 and is dissatisfied with the review decision, may appeal to the 4
Court against the decision. 5
for an appeal to the Court 6
Procedure
428.(1) An appeal to the Court is started by filing written notice of appeal 7
with the registrar of the Court. 8
(2) A copy of the notice must be served on the chief executive. 9
(3) The notice of appeal must be filed within 28 days after the day the 10
applicant receives notice of the review decision or the decision is taken to 11
have been made. 12
(4) However, a regulation may provide a different period for particular 13
decisions. 14
(5) The Court may extend the period for filing the notice of appeal by a 15
further 28 days. 16
(6) The notice of appeal must state fully the grounds of the appeal and the 17
facts relied on. 18
of Court on appeal 19
Powers
429.(1) In deciding an appeal, the Court-- 20
(a) has the same powers as the decision maker; and 21
(b) is not bound by the rules of evidence; and 22
(c) must comply with natural justice; and 23
(d) may hear the appeal in court or in chambers. 24
(2) An appeal is by way of rehearing. 25
(3) The Court may-- 26
(a) confirm the review decision; or 27
s 430 191 s 432
Land
(b) set aside the review decision and substitute another decision; or 1
(c) set aside the review decision and return the issue to the Minister 2
with directions the Court considers appropriate. 3
of decision of Court on appeal 4
Effect
430. If the Court substitutes another decision, the substituted decision is, 5
for the relevant provision of this Act, taken to be the decision maker's 6
decision. 7
of the Court 8
Jurisdiction
431. The Court has jurisdiction to hear and decide-- 9
(a) matters referred to the Court by the Minister; and 10
(b) appeals to the Court under this or another Act; and 11
(c) matters for which jurisdiction is conferred on the Court by this or 12
another Act. 13
ART 4--MISCELLANEOUS 14
P
rights for travelling stock 15
Pasturage
432.(1) Stock being driven on foot along a stock route through a term 16
lease for pastoral purposes or occupation licence, from which the stock 17
route is not fenced out, must not be depastured on land further than 800 m 18
from the centre line of the stock route. 19
(2) However, if there is a fence or stock proof barrier on 1 side of the 20
road within 800 m of the centre line of a stock route, stock must not be 21
depastured on land on the other side of the stock route further than 1.6 km 22
from the fence. 23
(3) Despite subsections (1) and (2), stock must not be depastured-- 24
(a) within an enclosed garden or paddock under cultivation; or 25
s 433 192 s 434
Land
(b) within 1.6 km of a principal homestead or head station; or 1
(c) on land lawfully separated from the stock route by a fence or 2
stock proof barrier. 3
(4) A person in charge of stock being driven on foot along a stock route 4
must not contravene this section. 5
Maximum penalty for subsection (4)--100 penalty units. 6
of travel of stock 7
Rate
433.(1) A person in charge of stock being driven on foot along a stock 8
route or across a reserve must ensure the stock travel towards their 9
destination at a rate averaging at least 10 km each 24 hours. 10
Maximum penalty--100 penalty units. 11
(2) The rate is calculated between inspections authorised by the chief 12
executive. 13
(3) Inspections must be at least 24 hours apart. 14
(4) In calculating the rate of travel of stock the following periods are not 15
to be included-- 16
(a) a period when stock are prevented from travelling by rain, flood 17
or other unavoidable cause; 18
(b) a period when stock are lawfully detained or depastured 19
elsewhere. 20
(5) However, stock lawfully depastured on a lease or occupation licence 21
under section ? are taken to be lawfully depastured elsewhere for subsection 22
(4)(b) only if the stock are depastured with the permission of the lessee or 23
licensee of the relevant land. 24
(6) A proceeding for an offence under subsection (1) must be started 25
within 14 days from the day the commission of the offence ended. 26
of "unimproved value" 27
Meaning
434.(1) In this Act, the "unimproved value" of land is the amount an 28
estate in fee simple in the land in an unimproved state would be worth if 29
there were an exchange between a willing buyer and a willing seller in an 30
s 435 193 s 437
Land
arms-length transaction after proper marketing, if the parties had acted 1
knowledgably, prudently and without compulsion. 2
(2) The unimproved value must be decided without regard to the 3
commercial value of the timber. 4
(3) To remove any doubt, it is declared that the Valuation of Land Act 5
1944 does not apply to the meaning of unimproved value in this section. 6
(4) In this section-- 7
"unimproved state" includes, if the value of improvements and 8
development work to the land has not been paid to the State, the 9
improvements and development work finished before the lease started 10
or the deed of grant was issued. 11
"paid to the State" does not include rent paid to the State. 12
may refer matters to the Court 13
Minister
435.(1) The Minister may refer a matter about the administration of this 14
Act to the Court for inquiry and report. 15
(2) The Minister may refer a dispute about the boundary of a term lease 16
for pastoral purposes to the Court for decision, even if the Minister is not a 17
party to the dispute. 18
licence not necessary 19
Auctioneer's
436. A person authorised by the chief executive may auction land for this 20
or another Act administered by the Minister without being the holder of an 21
auctioneer's licence. 22
county or parish boundaries 23
Changing
437.(1) The Governor in Council may change a county or parish 24
boundary if the Governor in Council considers it appropriate because of 25
something done under this Act. 26
(2) Any change to a boundary must be notified in the Gazette. 27
s 438 194 s 442
Land
are debts owing to the State 1
What
438. All rents, instalments, penalties, interest and fees that have become 2
payable under this Act are debts owing to the State. 3
and expressions used in documents under Act 4
Words
439.(1) Words and expressions used in this Act and in documents made 5
or executed under this Act have the same respective meanings in the 6
documents as they have in this Act. 7
(2) Subsection (1) may be wholly or partly displaced if a contrary 8
intention appears in the document. 9
of officers etc. 10
Obstruction
440. A person must not obstruct an authorised person, an officer of the 11
department, or a person helping an authorised person or an officer of the 12
department, in the exercise of a power under this Act, unless the person has 13
a reasonable excuse. 14
Maximum penalty--400 penalty units. 15
from liability 16
Protection
441.(1) An officer or employee of the department does not incur civil 17
liability for an act done, or omission made, honestly and without negligence 18
under this Act. 19
(2) If subsection (1) prevents a civil liability attaching to an officer or 20
employee, the liability attaches instead to the State. 21
of offer 22
Lapse
442.(1) If an offer has been made under this Act, the offer is valid for the 23
length of time stated in the offer or, if no time is stated, for 3 months. 24
(2) A offer must be accepted in writing. 25
(3) If an offer is not accepted or rejected in writing within the stated time, 26
the offer lapses. 27
s 443 195 s 447
Land
(4) The Minister, before or after the offer lapses, may extend the time 1
stated in the offer. 2
deed of grant until fees paid 3
No
443. The appropriate fees prescribed under the Land Title Act 1994 for 4
the issue of a deed of grant must be paid before a deed of grant is issued. 5
executive may approve forms 6
Chief
444. The chief executive may approve forms for use under this Act. 7
are summary offences 8
Offences
445. An offence against this Act is a summary offence. 9
on time for starting offence proceedings 10
Limitation
446. A proceeding for an offence against this Act must start within-- 11
(a) 1 year after the offence is committed; or 12
(b) 1 year after the offence comes to the complainant's knowledge, 13
but within 2 years after the offence is committed. 14
provisions 15
Evidentiary
447.(1) This section applies to a proceeding under or in relation to this 16
Act. 17
(2) The appointment or power of the chief executive or authorised person 18
must be presumed unless a party, by reasonable notice, requires proof of-- 19
(a) the appointment; or 20
(b) the power to do anything under this Act. 21
(3) A signature purporting to be the signature of the Minister, the chief 22
executive or an authorised person is evidence of the signature it purports to 23
be. 24
(4) A certificate purporting to be signed by the Minister stating any of the 25
s 448 196 s 448
Land
following matters is evidence of the matter-- 1
(a) that land is or was, at a time or day mentioned in the complaint, a 2
deed of grant in trust or non-freehold land; 3
(b) that, for a deed of grant in trust or non-freehold land, a person, at 4
a time or day mentioned in the certificate-- 5
(i) occupied or lived on it; or 6
(ii) enclosed it; or 7
(iii) built, placed or maintained any structure, improvement, 8
work or thing on it; or 9
(iv) cleared, dug up or cultivated it; or 10
(v) depastured stock or caused stock to be depastured on it. 11
(5) In a complaint starting a proceeding, a statement that the matter of the 12
complaint came to the complainant's knowledge on a stated day is evidence 13
of the matter. 14
15
Regulations
448.(1) The Governor in Council may make regulations under this Act. 16
(2) A regulation may be made about the following matters-- 17
(a) the lodgment and registration of forms and other documents; 18
(b) fees payable under this Act; 19
(c) how fees are to be paid and may be recovered, including the 20
provision of credit facilities to persons approved by the chief 21
executive; 22
(d) additional information to be supplied with a form or other 23
document; 24
(e) transitional arrangements if a new form is approved; 25
(f) the execution of documents; 26
(g) anything else about a form or document; 27
(h) the payment and collection of rent and instalments under this Act; 28
(i) exempting a document or transaction relating to something done 29
s 449 197 s 450
Land
under this Act from stamp duty under the Stamp Act 1894; 1
(j) the closure of roads; 2
(k) the building and maintenance of roads under Chapter 3, Part 2, 3
Division 6. 4
(3) A regulation may create offences and prescribe penalties of not more 5
than 100 penalty units for the offences. 6
HAPTER 8--CONTINUED RIGHTS AND 7
C
TENURES 8
PART 1--RESERVES, DEEDS OF GRANT IN TRUST 9
AND ROADS 10
Division 1--Reserves 11
reserves and purposes continue 12
Existing
449.(1) All existing reserves are taken to be reserves under this Act for 13
the purpose for which they were reserved. 14
(2) Subsection (1) applies even if the purpose for which the land was 15
reserved is not a community purpose under this Act. 16
continue 17
Trustees
450. An existing trustee of a reserve is taken to be a trustee of the reserve 18
under this Act. 19
s 451 198 s 455
Land
2--Deeds of grant in trust 1
Division
deeds of grant in trust and purposes continue 2
Existing
451.(1) All existing deeds of grant in trust are taken to be deeds of grant 3
in trust under this Act for the purpose for which they were granted. 4
(2) Subsection (1) applies even if the purpose for which the land was 5
granted is not a community purpose under this Act. 6
continue 7
Trustees
452. An existing trustee of a deed of grant in trust is taken to be a trustee 8
of the deed of grant in trust under this Act. 9
Division 3--Existing trustee leases 10
trustee leases and licences continue 11
Existing
453.(1) All existing trustee leases are taken to be trustee leases under this 12
Act, even if the terms of the lease would not be approved under this Act. 13
(2) All existing licences issued under section 350 of the repealed Act are 14
taken to be trustee permits under this Act, even if the terms of the licence 15
would not be approved under this Act. 16
Division 4--Roads 17
roads continue 18
Existing
454. All roads dedicated and set apart under the repealed Act are taken to 19
be dedicated roads under this Act. 20
road licences continue 21
Existing
455. All existing road licences are taken to be road licences under this 22
Act. 23
s 456 199 s 457
Land
ART 2--FREEHOLDING LEASES 1
P
Division 1--Pre-Wolfe freeholding leases 2
leases continue 3
Existing
456. A pre-Wolfe freeholding lease is taken to be a lease under this Act. 4
of pre-Wolfe freeholding leases 5
Terms
457.(1) The following provisions also apply to pre-Wolfe freeholding 6
leases-- 7
(a) the length of the term of the lease and purchase price (including 8
commercial timber) for which a pre-Wolfe freeholding lease was 9
issued continue to apply; 10
(b) lease payments are instalments that pay out the purchase price of 11
the land; 12
(c) instalments do not attract interest; 13
(d) if the remaining purchase price is paid in cash during a lease, a 14
discount, prescribed under the regulations, applies; 15
(e) regulations may prescribe minimum instalments for all but the 16
final payment; 17
(f) the length of the term of a lease may increase or decrease because 18
of changes to minimum instalments or hardship concessions or 19
deferrals; 20
(g) the land must be surveyed, at the lessee's expense, for inclusion 21
in the freehold land register; 22
(h) the Minister may require the preparation of a compiled plan 23
before the deed of grant is issued; 24
(i) the final payment must include the appropriate fees prescribed 25
under the Land Title Act 1994 for the issue of a deed of grant. 26
(2) To remove any doubt, it is declared that a hardship deferral under 27
s 458 200 s 459
Land
Chapter 5, Part 1, Division 3 does not reduce the purchase price of a 1
pre-Wolfe freeholding lease. 2
of grant to issue 3
Deed
458.(1) A deed of grant must be issued for land contained in a pre-Wolfe 4
freeholding lease when-- 5
(a) the conditions of the lease have been fulfilled; and 6
(b) the purchase price and all relevant fees have been paid; and 7
(c) if needed--a survey plan has been lodged in the land registry. 8
(2) The deed of grant is issued subject to all the encumbrances to which 9
the lease was subject and in the same priorities. 10
hardship concessions 11
Residential
459.(1) The Minister may reduce an instalment to less than the 12
instalment normally applying to a pre-Wolfe freeholding lease, if-- 13
(a) the lease is used exclusively for the lessee's own residential use; 14
and 15
(b) the lessee is suffering hardship and meets the criteria prescribed 16
under the regulations. 17
(2) If the Minister considers the lessee's financial circumstances have 18
changed to the extent that a concession should be amended or cancelled, the 19
Minister may, for future instalments, amend or cancel the amount of the 20
concession. 21
(3) If a lease is transferred, a concession appling to the lease does not 22
apply from the day of the transfer. 23
(4) To remove any doubt, it is declared that a hardship concession does 24
not reduce the purchase price of a pre-Wolfe freeholding lease. 25
s 460 201 s 462
Land
Division 2--Post-Wolfe freeholding leases 1
leases continue 2
Existing
460. A post-Wolfe freeholding lease is taken to be a lease under this Act. 3
of existing post-Wolfe freeholding leases continue 4
Terms
461. The length of the term of the lease and purchase price (including 5
commercial timber) for which an existing post-Wolfe freeholding lease was 6
issued continue to apply. 7
of post-Wolfe freeholding leases 8
Terms
462.(1) The following provisions apply to post-Wolfe freeholding 9
leases63-- 10
(a) lease payments are instalments that pay out the purchase price of 11
the land; 12
(b) instalments attract a rate of interest prescribed under the 13
regulations; 14
(c) if the remaining purchase price is paid in cash during a lease, no 15
discount applies; 16
(d) regulations may prescribe minimum instalments for all but the 17
final payment; 18
(e) the length of the term of a lease may increase or decrease because 19
of changes to minimum instalments or hardship deferral; 20
(f) if the lease is at an establishment stage, the Minister may allow 21
the lessee to capitalise the first instalment over the duration of the 22
lease; 23
(g) the land must be surveyed, at the lessee's expense, for inclusion 24
in the freehold land register; 25
(h) the Minister may require the preparation of a compiled plan 26
63 These terms apply to both existing post-Wolfe freeholding leases post-Wolfe
freeholding lease issued under this Act.
s 463 202 s 466
Land
before the deed of grant is issued; 1
(i) the final payment must include the appropriate fees prescribed 2
under the Land Title Act 1994 for the issue of a deed of grant. 3
(2) To remove any doubt, it is declared that a hardship deferral under 4
Chapter 5, Part 1, Division 3 does not reduce the purchase price. 5
of grant to issue 6
Deed
463.(1) A deed of grant must be issued for land contained in a 7
post-Wolfe freeholding lease when-- 8
(a) the conditions of the lease have been fulfilled; and 9
(b) the purchase price and all relevant fees have been paid; and 10
(c) if needed--a survey plan has been lodged in the land registry. 11
(2) The deed of grant is issued subject to all the encumbrances to which 12
the lease was subject and in the same priorities. 13