CROWN LAND (RESERVES) ACT 1978 - SECT 17A Continuation of uses of reserved land for purposes other than those for which it is reserved—licences and agreements
CROWN LAND (RESERVES) ACT 1978 - SECT 17A
Continuation of uses of reserved land for purposes other than those for which it is reserved—licences and agreements(1) Where, in relation to any land reserved under section 4—
(a) immediately before the commencement of the Crown Land (Reserves) (Amendment) Act 1984 —
(i) a person or body habitually used any portion of the land or any building thereon;
(ii) a person or body operated services or facilities on the land; or
(iii) there was a building or structure which had been erected by a person or body on the land;
(b) the land has not been certified under section 17(1), or the use of the land, operation of the services or facilities or erection of the building or structure (as the case may be) is for a purpose not consistent with the purpose of the reservation of the land;
S. 17A(1)(c) amended by No. 76/1998 s. 6(d).
(c) the trustees or committee of management of the land or, where there are no trustees or committee of management, the Director-General of Conservation, Forests and Lands or a person authorized by the Director-General certified, before the expiration of one year after the commencement of the Crown Land (Reserves) (Amendment) Act 1984 , that the habitual use or operation of services or facilities was occurring immediately before the commencement of that Act, or the building or structure was on the land immediately before the commencement of that Act—
notwithstanding anything in this Act and notwithstanding any regulations made under section 13 relating to the land, the trustees or committee of management, or where there are no trustees or committee of management, the Director-General of Conservation, Forests and Lands or a person authorized by the Director-General may, with the approval in writing of the Minister, where the Minister so approves the purpose for which the land or building was used or the service or facility operated or the building or structure erected—
(d) grant a licence to the person or body to enter and use that portion of the land or that building for a period not exceeding three years;
(e) enter into an agreement with the person or body to operate the service or facility on the land for a period not exceeding three years; or
(f) enter into a tenancy agreement with the person or body who erected the building or structure—
as the case requires, for the purpose so approved.
S. 17A(2) amended by No. 96/1994 s. 48(b).
(2) Subparagraphs (i) to (iv) of section 17B(1)(c) shall apply to any agreement entered into under paragraph (f) of subsection (1) of this section.
(3) Subsection (1) shall not apply to land reserved under section 4 —
(a) which is reserved for a purpose specified in paragraph (l), (m), (n), (o) or (ze) of subsection (1) of section 4 or deemed by subsection (6) of that section to be reserved for the protection of the coastline, unless notice has been given by the Governor in Council under section 10(3) of the Land Conservation Act 1970 of a recommendation in respect of the land made under section 5(1)(a) of that Act and the granting of a licence or entering into of an agreement under paragraph (d), (e) or (f) (as the case may be) of subsection (1) is consistent with the recommendation;
(b) which is reserved for a purpose specified in paragraph (w) of subsection (1) of section 4 and referred to in a recommendation in respect of the land made under section 5(1)(a) of the Land Conservation Act 1970 , notice of which has been given by the Governor in Council under section 10(3) of that Act, as a coastal park, a regional park or a state park, unless the granting of a licence or entering into of an agreement under paragraph (d), (e) or (f) (as the case may be) of subsection (1) is consistent with the recommendation; or
(c) which has been placed under the control and management of an authority pursuant to section 18(1).
S. 17AB inserted by No. 40/2009 s. 8.