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LAND ACT 1958 - SECT 362A Certain conditions reservations etc. in a Crown grant may be declared to be no longer necessary

LAND ACT 1958 - SECT 362A

Certain conditions reservations etc. in a Crown grant may be declared to be no longer necessary

    (1)     Where any Crown grant under any Act contains a condition reservation exception power or other provision—

        (a)     to the effect that the whole or any part of the granted land may be resumed (with or without payment of any monetary consideration) for the purpose of works or undertakings; or

S. 362A(1)(b) amended by No. 41/1987 s. 103(Sch. 4 item 39.54).

        (b)     enabling the Sovereign, his or her heirs or successors, the Minister, any statutory authority or any other person to do all or any of the following–

              (i)     enter any part of the granted land;

              (ii)     use any part of such land; or

              (iii)     carry out any works undertakings or maintenance on any part of such land—

the Governor in Council may upon payment of the prescribed fee and of such monetary consideration (if any) as the Governor in Council thinks fit by Order declare that the condition reservation exception power or provision is no longer necessary.

S. 362A(1A) inserted by No. 9183 s. 9, amended by No. 18/1989 s. 13(Sch. 2 item 41(r)).

    (1A)     The Governor in Council may make a declaration under subsection (1) in respect of part only of the land contained in the Crown grant if separate folios of the Register have been created in respect of the land compromised in the grant.

S. 362A(2) substituted by No. 9183 s. 9.

    (2)     On and from the date of any Order made pursuant to subsection (1) the relevant Crown grant shall operate and have effect—

        (a)     in the case of a declaration as to part only of the land contained in the Crown grant, as though the relevant condition, reservation, exception, power or provision was expressed to apply only to the remainder of the land contained in the Crown grant;

        (b)     in any other case as though the relevant condition, reservation, exception, power or provision were not contained therein.

S. 362B inserted by No. 5/1993 s. 4.