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CROWN LAND (RESERVES) ACT 1978 - SECT 17AB Governor in Council may by Order confer certain leasing and licensing powers to Health Minister

CROWN LAND (RESERVES) ACT 1978 - SECT 17AB

Governor in Council may by Order confer certain leasing and licensing powers to Health Minister

    (1)     The Governor in Council, on the joint recommendation of the Minister and a Minister who administers a section of the Health Services Act 1988 ( Health Minister ) may, by Order, confer any one or more of the powers in respect of land reserved under section 4 that are set out in subsections (2) and (3) on the Health Minister.

    (2)     For the purposes of subsection (1), the following licensing powers may be conferred on the Health Minister where the land is managed by the trustees or a committee of management—

        (a)     the power to approve in writing the grant of, and purpose of, a licence under section 17B(1) to be granted by the trustees or a committee of management over that land in the Order; and

        (b)     the power to approve the terms and conditions to which a licence under section 17B to be granted by the trustees or a committee of management over the land is subject.

    (3)     For the purposes of subsection (1), the following leasing powers may be conferred on the Health Minister—

        (a)     where the land is managed by trustees or a committee of management—

              (i)     the power to approve in writing the grant of, and purpose of, a lease of land under section 17D to be granted by the trustees or committee of management over the land; and

              (ii)     the power to approve any covenants, exceptions, reservations and conditions as determined by the trustees or committee of management in relation to a lease of the land granted under section 17D;

        (b)     where there are no trustees or committee of management, the power to grant leases of land under section 17D(1A) for any purpose.

    (4)     An Order under subsection (1)—

        (a)     must be published in the Government Gazette; and

        (b)     takes effect on publication or a later date specified in the Order.

    (5)     An Order in Council under subsection (1) must specify—

        (a)     the land to which the Order applies;

        (b)     the powers in respect of the land, under section 17B or section 17D that are being conferred on the Health Minister;

        (c)     the period for which the Order will be in force.

    (6)     On and after the expiration or cancellation of powers conferred under an Order under this section, if there is in force immediately before the expiration or cancellation a lease or licence to which the Health Minister is a party, the Minister is taken to be substituted for the Health Minister as the party to the licence or lease.

    (7)     The Minister continues to have the powers conferred under this Act in respect of the land specified in an Order under this section to the extent that those powers are not conferred on the Health Minister.

S. 17AB(8) amended by No. 51/2016 s. 10.

    (8)     The committee of management must notify the Department of Environment, Land, Water and Planning of any licence or lease entered into pursuant to a power conferred by an Order under this section.

    (9)     The Minister must not exercise a power conferred by an Order under this section on the Health Minister in relation to land specified in the Order while that Order remains in force.

S. 17B inserted by No. 10144 s. 4.