LAND ACT 1958 - SECT 12A Exchange of Crown land

LAND ACT 1958 - SECT 12A

    (1)     If it appears to the Minister at any time that—

        (a)     land is required for a public purpose and should be reserved under section 4 of the Crown Land (Reserves) Act 1978 ;

        (b)     the acquisition of land would enhance the public use and enjoyment of Crown land reserved under section 4 of the Crown Land (Reserves) Act 1978 ; or

        (c)     the acquisition of land would rationalize the boundaries between any private land and any land reserved under section 4 of the Crown Land (Reserves) Act 1978 —

the Minister may enter into an agreement with the owner of the land sought to be acquired to exchange that land for any Crown land where the Crown land is not land permanently reserved for a public purpose under the Crown Land (Reserves) Act 1978 .

S. 12A(2) amended by No. 10087 s. 3(1)(Sch. 1 item 124).

    (2)     Where the Minister enters into an agreement under subsection (1) he may also agree, where the value of the Crown land is not equal to the value of the land for which it is exchanged, to pay to or receive from the owner (as the case requires) an amount of money equal to that difference and may pay or receive such an amount in accordance with the agreement.

    (3)     The Governor in Council shall grant, in accordance with the terms of an agreement made under subsection (1), the Crown land referred to in the agreement to the person to whom it is agreed under the agreement that the Crown land should be granted.

S. 12A(4) amended by No. 25/2023 s. 7(Sch.  1 item 17.3).

    (4)     Land which is agreed upon in an agreement made under subsection (1) as land which is to revert to the Crown shall on surrender and transfer or conveyance to His Majesty become and be unalienated land of the Crown freed and discharged from all trusts, encumbrances, limitations and restrictions whatsoever and from every estate or interest therein.

S. 12A(5) amended by No. 10087 s. 3(1)(Sch. 1 item 124).

    (5)     The Minister shall, not less than 14 days before entering into an agreement under subsection (1) publish, in the Government Gazette and in the district in which the land the subject of the agreement is situated, a notice specifying—

        (a)     the particulars of the Crown land to be exchanged; and

        (b)     the particulars of the land for which the Crown land is to be exchanged under the agreement.

No. 3709 s. 13.

S. 13 amended by Nos 7228 s. 7(Sch. 4 Pt 19(e)), 25/2023 s. 7(Sch.  1 item 17.4).