LAND ACT 1958 - SECT 362B Construction of certain Crown grants

LAND ACT 1958 - SECT 362B

    (1)     In this section—

"designated provision of a Crown grant" means a provision of a Crown grant—

        (a)     which has the effect of—

              (i)     prohibiting (whether totally or partially or subject to conditions) the alienation (whether in fee simple or for a lesser estate or interest) of land in the grant; or

              (ii)     enabling the Crown or a responsible Minister of the Crown, to re-enter or resume land in the grant if there is an attempt to alienate it; and

        (b)     which has the effect of excepting from a provision mentioned in paragraph (a)(i) or (ii) any of the following alienations of land—

              (i)     an alienation authorised by some Act in force at the date of the grant or afterwards;

              (ii)     an alienation authorised by some law in force at the date of the grant or afterwards;

              (iii)     an alienation authorised by some law in force after the date of the grant;

              (iv)     an alienation authorised by some Act in force after the date of the grant;

"provision of a Crown grant" includes, but is not limited to, term, condition, reservation, restriction, exception, proviso, declaration or power.

    (2)     This section applies to a Crown grant (whether issued before or after the commencement of this section) of land which

is at the date of the grant, or afterwards becomes, temporarily or permanently reserved under an Act, being land in respect of which that reservation has not been revoked.

    (3)     For the purposes of a designated provision of a Crown grant to which this section applies, an alienation of the land in the grant must be taken to be authorised by some Act or law only if the alienation is authorised expressly, and not merely by implication, by an Act relating to—

        (a)     the particular land in the grant; or

        (b)     any class or description of Crown land or reserved land that includes the land in the grant; or

        (c)     Crown land or reserved land generally.

    (4)     For the purposes of subsection (3)(b) and (c) an Act or law which authorises the alienation of land, without expressly referring to Crown land or reserved land, must not be taken to authorise the alienation of land in the grant.

    (5)     This section has effect despite any Act or rule of law to the contrary, including any rule of the common law.

S. 362C inserted by No. 96/1994 s. 34.