LAND ACT 1958
Table of Provisions
PART I--CROWN LANDS GENERALLY
- 3 Definitions
- 3A Application of Road Management Act 2004
- 3B Transport Integration Act 2010
- 4A Minister may purchase lands
- 4B Management agreements with Traditional Owner Land Management Boards
- 4C Land to be managed consistently with joint management plan
- 5 Filming Approval Act 2014
Division 2--Grants and reservations
- 12 Governor in Council or Minister may convey land under this Part
- 12A Exchange of Crown land
- 13 Land acquired by Crown or Board may be conveyed
- 17 Registration of Crown purchases to have same effect as enrolment
- 22A Power to public authorities to surrender lands
- 22C Attorney-General may authorize surrender of lands to His Majesty
- 22D Surrender of land by municipality
- 22E Surrendered land to be deemed unalienated land of Crown
- 23 Escheated and forfeited lands may be conveyed
- 25 Governor in Council may divide territory into counties etc.
- 26 Crown grants and leases to be dated
Division 3--Administration
- 27 Appointment of land office and land officer
- 28 Application for a lease or licence
- 29 Applications to be entered
- 31 Duties of authorised officers
- 32 Authority of persons appointed under this Act
- 33 Several persons may be appointed to do the same act
- 34 How applications etc. to be heard
- 35 Penalty for false statement etc.
- 36 Power to Governor in Council to withdraw lands from sale etc.
- 37 Minister to lay annual report before Parliament
Division 4--Perpetual leases
- 53 Power to select allotment under perpetual lease
- 54 Application of subdivision
- 55 Conditions in perpetual lease
- 56 Rent under perpetual lease
- 57 Recovery of rent and interest[2]
- 58 Power of perpetual lessee to surrender lease
- 59 Ante-dating of lease
- 60 Limit of land to be held under perpetual lease
- 61 Encumbranced leases
Division 6--Sale of land by auction or tenderor to a public authority
- 89 Minister may sell Crown land by public auction or public tender
- 90 Minister to give notice of public auction or public tender
- 91 Procedure where reserve price not reached at auction or by tender
- 92 Purchaser of Crown land by auction or tender deemed to be owner
- 94 Commission may be paid
- 95 Land to be granted when purchase price paid
- 96 Person not to assign interest under contract of sale without Minister's consent
- 97 Penalty interest for failure to pay money due under contract of sale
- 98 Minister may declare contract of sale void on default
- 99 Minister may sell Crown land to public authority
- 99A Sale by private treaty
- 100 Sale of Crown land subject to lease
Division 8--Agricultural leases, licences and permits
- 121 Granting of leases for agricultural purposes
- 122 Term of lease
- 123 Land over which lease may be granted
- 124 General conditions of leases
- 125 Land leased under this Division deemed to be protected forest
- 126 Amendment of folios of the Register on resumption of land
- 130 Granting of licences for agricultural purposes
- 130AA Period of licence
- 130AB Land over which licence may be granted
- 130AC General conditions regarding licences
- 130B Licence presumed where fee paid
- 130C Licence not to expire on death of licensee
- 130D Application of sections 130B and 130C
- 133A Agistment permits
- 133B Remittance or waiver of rent or fees in times of hardship
- 133C Forfeiture of leases and cancellation of licences
- 133D Compensation for improvements on forfeiture of lease or cancellation of licence
- 133E Termination of lease where no breach
- 133F Cancellation of licence where no breach
- 133G Notice of intention to grant lease or licence
Division 9--Leases and licences for non‑agricultural purposes
- 134 Minister may lease Crown land under this subdivision
- 134A Leasing of strata of Crown land
- 135 Public auction or tender or private negotiation
- 136 Minister to give notice in writing of public auction or public tender
- 137 Proposed lessee to give notice of lease arranged privately
- 137AA Term of lease
- 137AAA Rent in advance
- 137AB Rent review
- 137AC Replacement leases
- 137AD Leases may not be assigned etc. without Minister's consent
- 137AE Lease granted to generation company
- 137A Industrial leases and industrial development leases
- 137B Conditional purchase lease
- 137C Terms and conditions
- 137D Purchase on certain conditions
- 137E Crown grant to be subject to conditions etc. as Governor in Council sees fit
- 137F Lease not to be transferred etc. without Minister's consent
- 137G Minister may declare lease forfeited
- 137H Effect of forfeit of lease
- 138 Minister or authorized person may grant licences
- 138A Licence for strata of Crown land
- 139 Buildings etc. erected under licence to be removed on expiry
- 140 Terms and conditions
- 140AA Licence granted to generation company
- 140A Grant of licences for jetties landing stages etc.
- 140B Notice of intention to apply for a licence to be published
- 140C Term of licence
- 140D Licence to specify purpose conditions etc.
- 140DA Licence fee
- 140E Renewal presumed where fee paid
- 140F Conditions associated with licence of land
- 140H Offence to conduct organised tour or recreational activity on Crown land if unlicensed
- 140I Grant of tour operator licence
- 140J Application for tour operator licence
- 140K Requirement to pay annual fee on grant of tour operator licence
- 140L Tour operator licence conditions
- 140M Contravention of condition an offence
- 140N Variation of licence to operate as activity provider or tour operator on Crown land
- 140O Suspension of tour operator licence
- 140P Making submissions on suspension
- 140Q Cancellation of tour operator licence
- 141 Person may apply for bee site licence
- 142 Minister may grant bee site licence
- 143 Land over which bee site licence may be granted
- 144 Fees to be determined by Minister
- 145 Conditions relating to access to a bee site licence area
- 146 Transfer of bee site licence
- 147 Process on expiry of current bee site licence
- 148 Application of presumption of bee site licence
- 149 Offences
- 151AA Metropolitan lessees may obtain grant of land
Division 9A--Plantation areas
- 151A Definitions
- 151B Proclamation of land for plantation areas
- 151C Application for grant of plantation area
- 151D Investigation of application
- 151E Grant of lease
- 151F Planting of trees by lessee
- 151G Road charges
- 151H Assignment, mortgage etc. of lease
- 151J Cancellation of lease
- 151K Power to lessee to erect buildings
- 151L Property in trees where lease cancelled or expired
Division 11--Residence areas
- 163 Definitions
- 165 No new residence area rights to be granted
- 166 Holder of right to have exclusive occupation of land
- 167 Cancellation of right to occupy residence area
- 168 Removal of buildings
- 169 Compensation on resumption by Crown
- 170 Power to let
- 171 Power to inspect entries in mining registers
- 172 Power to excise land from certain streets
- 173 Right of holder of residence area to purchase land
- 174 Residence area right may be converted to purchase lease
- 175 Liens and encumbrances to be discharged
- 176 Forfeiture of lease
- 177 On payment of purchase price lessee entitled to Crown grant
Division 12--Commons
- 179 Common lands
- 180 Saving of existing commons
- 181 Governor in Council may proclaim commons
- 182 Appointment of managers and regulations
- 183 Management
- 183A Municipality may raise funds by allowing use of common
- 184 Governor in Council may increase or diminish commons
- 185 Lands taken from commons
Division 13--Trespasses, penalties, legal proceedings etc.
- 186 Penalty where land officer applies for allotment
- 187 Penalty for false statement etc. in relation to application
- 188 Penalty for unauthorized occupation or depasturing on certain lands
- 188A Magistrates' Court may order removal of buildings etc.
- 190 Penalty for trespasses on Crown lands
- 190A Offence to construct, remove, alter, or carry out maintenance on, a levee on certain Crown land
- 191 Penalty for depositing rubbish on Crown lands
- 192 Obliteration of boundary mark
- 193 Rights of licensee and lessee against trespassers
- 194 Unauthorized occupier may be forcibly dispossessed
- 195 Hearing
- 196 Recovery of rent and licence-fees
- 197 Demand for or acceptance of rent etc. not to be deemed a waiver or breach of covenant or condition
- 198 Certificates of Minister prima facie evidence of non‑payment of fees or rent
- 199 Governor in Council may prohibit felling timber etc.
- 200 Proof
- 201 Certificate of Secretary to be prima facie evidence that land is unalienated Crown land
- 201A Judicial notice of signature
- 202 Declarations of forfeiture valid
- 203 Appeals
Division 14--Miscellaneous
- 204 All Crown grants and certain licences and leases to contain condition permitting mining on compensation for surface damage
- 205 Lands alienated to be subject to conditions for mining
- 208 Exchange of Crown and private land upon alteration of road
- 209 Resumption of land for roads
- 210 Declaration to be made by appraiser
- 211 Applicants for licences rights or leases before commencement of Act not prejudiced
- 214 Travelling cattle
- 215 Notice to be given to occupier of land of intention to drive travelling cattle or sheep
- 216 Survey officers may enter upon private lands
- 217 Privilege of public officers on duty and of holders of miner's rights
- 218 Leases may provide for removal of buildings and restoration of land
- 225 Unbranded wild cattle to belong to Crown
- 228 Interest on rent etc. in arrear
- 229 Agreement with electricity company
PART III--LEASES OF AGRICULTURAL COLLEGE LANDS
- 273 Demises
PART V--DEVELOPMENT LEASES
- 302 Definitions
- 303 Power to Governor in Council to grant development leases
- 304 Power to suspend development in certain circumstances
- 305 Power to Governor in Council to make necessary grants to settlers and a grant to the Society
- 306 Licence entitling Society to enter and make tests on land in Thirteenth Schedule
- 307 Development Leases Consultative Committee
PART VIII--LEASES AND LICENCES FOR ELECTRIC LINES
- 334 Power to lease or license land for construction thereon of electric line
- 335 Covenants conditions etc. of lease or licence[7]
- 336 Notice of application
- 337 Mining not restricted
- 338 Copy of lease or licence to be laid before Parliament before issue
PART IX--GENERAL
- 339 Lands of the Crown to be alienated only down to such depth as Governor in Council directs
- 339A Alienation of Crown land in strata
- 339B Easements ancillary to alienation in strata
- 340 Right to metals and minerals not to go with the land[8]
- 341 Crown lands enhanced in value by proximity of railway or waterworks etc.
- 342 Additional price how to be paid and applied
- 343 Mode of application where Crown land benefited by more than one work
- 344 Additional sums paid as purchase money or rent to be returned where works not constructed within ten years
- 345 Mode of alienation of Crown lands under previous Acts not to be affected
- 346 Power to include certain pieces of land in leases licences or Crown grants of adjoining land
- 347 Value where land contains any fractional part of an hectare
- 348 Crown grants of roads used for railways
- 349 Power to close certain unused roads on Crown lands
- 350 Power to set apart certain portions of roads for tree planting
- 351 Power of Minister to postpone payment of rent or instalments
- 352 Power to add interest to price of land
- 353 Exemption of portion of certain half-yearly payments of rent if portion of mountainous land under clean grass or cultivation
- 354 Lease forfeited for non-payment of rent not to be revived before revocation of forfeiture
- 355 Transfers of leases of Crown lands not to be registered unless all rents etc. have been paid
- 356 Condition for suspension of payment of licence-fees rent etc.
- 358 Extensions of selection purchase and conditional purchase leases to be registered in the Office of Titles
- 359 Issue of a lease where applicant dies or becomes bankrupt before lease executed
- 360 Enforcement of forfeitures
- 361 Minister may waive covenant or condition as to residence
- 362 Propagation of blue mallee
- 362A Certain conditions reservations etc. in a Crown grant may be declared to be no longer necessary
- 362B Construction of certain Crown grants
- 362C Construction of licences
PART X--VACANT AND UNCLAIMED LANDS
- 363 Definitions
- 364 Sale of vacant unclaimed land in certain undelivered and unregistered Crown grants
- 365 Application of purchase money
- 366 Power for Court to make orders on application as to the surplus moneys
- 367 Subject to order of court surplus moneys after lapse of three years to become property of Crown
- 368 Application to Registrar for delivery or registration of grant
- 369 Power of applicant to summon Registrar to show cause if dissatisfied
- 370 If application granted certain payments to be made by applicant before delivery or registration
- 371 Minister to send purchaser's Crown grant to Registrar with contract of sale
- 372 No claim to lie against the Crown or Minister
- 374 Fees
PART XII--BED AND BANKS OF CERTAIN WATERCOURSES
- 384 Definitions
- 385 Crown property in bed and banks of certain watercourses
- 386 Access etc. to bed and banks of certain watercourses
PART XIII--UNUSED ROADS AND WATER FRONTAGES
- 399 Definitions
- 400 Power to municipal councils to specify roads as unused
- 401A Right of entry to licensed water frontages for recreational purposes
- 402 Right to enter and use an unused road
- 403 Duty to obtain licence to use water frontage
- 404 Liability to pay occupation fees after notice
- 406 Effect of cancellation of a licence
- 407 Re-opening of licensed closed road or water frontage
- 409 Penalty for damaging fence or leaving gate open
- 410 Recovery of fees and penalties
- 411 Municipal councils to be notified of grant, transfer etc. of licences
PART XIIIA--LIMITATION OF JURISDICTION OF SUPREME COURT
- 412 Supreme Court—Limitation of jurisdiction
PART XIV--REGULATIONS
- 413 Regulations
- 413A Tour operator licence regulations
- 413B Payment of refunds