STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - SECT 83 Disposal of land in State development area

STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - SECT 83

83 Disposal of land in State development area

(1) If land is within a State development area and there is an approved development scheme in effect for the area—

(a) any grant of, demise of, or other dealing with that land made by the Governor in Council shall be subject to such reservations and conditions as are calculated to secure the implementation of that scheme; and

(b) it is not competent to the Coordinator-General to sell, lease, or otherwise dispose of such of that land as is held by the Coordinator-General unless the sale, lease, or disposal is authorised by subsection (2) .

(2) The Coordinator-General may sell, lease or otherwise dispose of land held by the Coordinator-General in a State development area—

(a) for the purpose of implementing an approved development scheme that relates to that State development area; and

(b) with the approval of the Governor in Council first had and obtained.

(3) However, a lease for a term of 4 years or less does not require the approval of the Governor in Council under subsection (2) (b) .

(4) In deciding the term of a lease for subsection (3) , the term of the lease under an option to renew the lease or under any other provision extending the term of the lease is to be included in the term of the lease.

(5) A sale, lease, or other disposal by the Coordinator-General of land held by the Coordinator-General in a State development area may be on such terms and conditions as the Coordinator-General thinks fit, including the condition that the purchaser, lessee or disponee of the land shall enter into such covenants (whether positive, restrictive or both) as the Coordinator-General requires touching and concerning the use to be made of the land and the right to sell, lease or dispose of it and such terms, conditions and covenants may be varied from time to time in such manner as is agreed by the parties concerned.

(6) For so long as land is comprised in a State development area a person shall not breach or attempt to breach a covenant that binds the land or that binds the person in respect of the use to be made of the land or of the right to sell, lease or dispose of it.