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LAND ACT 1958


TABLE OF PROVISIONS

           Long Title

   1.      Short title and commencement  
   2.      Repeals and savings  
   2A.     Definitions  
   2B.     Traditional owner agreement for natural resources  

   PART I--CROWN LANDS GENERALLY

   3.      Definitions  
   3A.     Application of Road Management Act 2004  
   3B.     Transport Integration Act 2010  
   4.      Application of Part  
   4A.     Minister may purchase lands  
   4B.     Power to enter into management agreements with Traditional Owner Land Management Boards  
   4C.     Land to be managed consistently with joint management plan  
   5.      Filming Approval Act 2014  
   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 Her 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  
   24.     Grant by Governor on behalf of Her Majesty to be valid  
   25.     Governor in Council may divide territory into counties etc.  
   26.     Crown grants and leases to be dated  
   27.     Appointment of land office and land officer  
   28.     Application for a lease or licence  
   29.     Applications to be entered  
   31.     Duties of bailiffs  
   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  
   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  
   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  
   101.    Swamp lands  
   102.    Governor in Council may cause swamp lands to be drained  
   103.    Power to enter upon lands and make canals drains etc.  
   104.    Powers of Minister for purposes of drainage  
   105.    Penalty for injuring or obstructing drains  
   106.    Fixing value of swamp or reclaimed lands  
   107.    Value to be marked on plan by Minister  
   108.    Power of Minister to approve or alter  
   109.    Mode of disposing of swamp land when valued  
   110.    Governor in Council may lease or renew lease on swamp lands  
   111.    Conditional purchase leases  
   112.    Conditions  
   113.    Condition in leases  
   114.    Conditional purchase leases  
   115.    Special conditions in leases and contracts  
   116.    Perpetual lessee may obtain conditional purchase lease  
   118.    Condition in Crown grant to keep open drains  
   119.    Power of Minister to authorize drain etc. through adjoining swamp lands  
   120.    Rent under perpetual lease of swamp etc.  
   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  
   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 lease of land  
   140G.   Aquatic clearance  
   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  
   150.    Governor in Council etc. may grant eucalyptus oil licences  
   151.    Conditions of licence  
   151AA.  Metropolitan lessees may obtain grant of land  
   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  
   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  
   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  
   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  
   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  
   212.    Licensees under section 49 of The Land Act 1869 may obtain grant of auriferous holdings on certain condition  
   213.    Holder of forest land entitled under certain conditions to purchase  
   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[8]  
   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[9]  
   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.   Anyone may enter water frontage for recreation  
   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  

   PART XV--TRANSITIONAL PROVISIONS

   414.    Definition  
   415.    Leases for non-agricultural purposes  
   416.    Tour operator licence offence  
   417.    Transitional provision for bee farm licences and bee range area licences—Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016  
   418.    Transitional provision for holders of agricultural licences—Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016  
   419.    Transitional provision for holders of apiary occupation rights—Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016  
           FIRST SCHEDULE
           SCHEDULE 20
           FOURTH SCHEDULE
           SIXTH SCHEDULE
           SEVENTH SCHEDULE
           EIGHTH SCHEDULE
           NINTH SCHEDULE
           THIRTEENTH SCHEDULE
           FOURTEENTH SCHEDULE
           FIFTEENTH SCHEDULE
           SIXTEENTH SCHEDULE
           SEVENTEENTH SCHEDULE
           ENDNOTES


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