LAND ACT 1958 - SECT 346 Power to include certain pieces of land in leases licences or Crown grants of adjoining land

LAND ACT 1958 - SECT 346

    (1)     Where any Crown land is available for disposal under this Act and cannot conveniently be disposed of under any of the provisions of this Act apart from this section, then, notwithstanding any restrictions or limitations imposed by this Act, if such land adjoins any land (hereinafter called the adjoining land ) held by any person under any lease or licence under this Act and the Minister is of opinion that the most convenient and equitable method of disposing of such first-mentioned land would be to add it to the adjoining land, such first‑mentioned land (hereinafter called "the added land") may if the Governor in Council so determines be so added accordingly, after valuation by an appraiser appointed by the Minister, either—

        (a)     by the grant to such person, in substitution for his existing lease or licence, of a new lease or licence (as the case requires) comprising the added land as well as the adjoining land and subject to such altered terms and conditions with respect to rent fee or royalty and otherwise as the Governor in Council having regard to such valuation thinks fit; or

S. 346(1)(b) amended by No. 6505 s. 2.

        (b)     (in any case where a Crown grant is about to be made to such person in respect of the adjoining land) by the inclusion of the added land in such Crown grant upon such terms as the Governor in Council having regard to such valuation thinks fit:

Provided that the area of land comprised in any addition or additions made pursuant to this section shall not exceed Ten per centum of the original area of the adjoining land to which such addition or additions is or are made.

S. 346(2) inserted by No. 8060 s. 3(c)(ii).

    (2)     Upon the grant of a new lease under subsection (1) the lease then existing shall be cancelled.

No. 3709 s. 302.

S. 347 amended by No. 8461 s. 57(a)(b).