LAND ACT 1958 - SECT 413 Regulations
LAND ACT 1958 - SECT 413
Regulations(1) The Governor in Council may make regulations for or with respect to—
(a) the constitution proceedings and functions of Local Land Boards, appeals to the Minister against recommendations of such Boards, the lodging with appeals of deposits of money and the forfeiture of the deposit where the Minister considers the appeal to be frivolous;
S. 413(1)(b) repealed by No. 96/1994 s. 29.
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S. 413(1)(c) repealed by No. 96/1994 s. 29.
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(d) the manner in which applications under this Act are to be made the forms to be used for or in connexion therewith and the imposition of fees for or in connexion therewith;
(e) the manner in which land is to be surveyed and the boundaries of land adjusted;
(f) the imposition of charges for surveys and the payment thereof by lessees under this Act and providing for the payment thereof by instalments and for the instalments to be added to and be part of the rent or instalments payable by such lessees under their leases;
(g) the forms of and the conditions to be contained in Crown grants leases licences permits rights consents and other instruments granted or issued under this Act the conditions upon which they may be granted or issued and the imposition of fees for or in connexion therewith;
S. 413(1)(ga) inserted by No. 8304 s. 6.
(ga) the issuing of duplicate documents in specified circumstances and the fees payable therefor;
(h) prescribing how and by whom the price of land to be sold under this Act is to be ascertained or fixed;
(i) the form of and the conditions of or in relation to and the manner of effecting any indorsement registration discharge transfer or assignment authorized by this Act and the imposition of fees for or in connexion therewith or for or in connexion with removing or cancelling any indorsement or registration authorized by this Act;
(j) the imposition of fees for surveys other than those referred to in paragraph (f) or the supply of any plan or of any certificate or other document for the purposes of this Act;
(k) the marking out and obtaining possession of land as a residence area;
S. 413(1)(ka) inserted by No. 40/2020 s. 52(1).
(ka) the recreational use of regulated watercourse land, unless regulations made under another Act relating to that use apply;
S. 413(1)(kb) inserted by No. 40/2020 s. 52(1).
(kb) the management of campfires on regulated watercourse land, except in relation to matters covered by sections 66A, 66B and 66C of the Forests Act 1958 ;
S. 413(1)(kc) inserted by No. 40/2020 s. 52(1).
(kc) the setting aside of areas on regulated watercourse land where specified activities are permitted, restricted or prohibited;
S. 413(1)(l) amended by No. 18/1989 s. 13(Sch. 2 item 41(s)).
(l) notification to the Registrar of Titles of encumbrances on Crown grants or leases to be registered by him and prescribing the form of recordings to be made in the Register pursuant to this Act;
(m) the manner in which any right granted under section 165 may be transferred;
(n) the manner in which any lien or encumbrance authorized by this Act may be created assigned or discharged and the rights and obligations and priority of assignees lienees or encumbrancers;
(o) the mode of valuing improvements made on any land by any lessee or licensee under this Act in respect thereof and prescribing the giving of a certificate with respect to the value of the improvements;
S. 413(1)(p) repealed by No. 40/2020 s. 52(2).
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(q) generally all matters or things required or permitted to be prescribed or necessary or expedient to be prescribed for carrying this Act into effect.
S. 413(1A) inserted by No. 51/2016 s. 26(1).
(1A) A power conferred by subsection (1) to make regulations in respect of fees may be exercised by providing for all or any of the following matters—
(a) specific fees;
(b) maximum fees;
(c) minimum fees;
(d) fees that vary according to the class of licence to which the fees apply;
(e) the manner of payment of fees, including the payment of fees by instalment;
(f) the time at which, or by which, fees are to be paid.
S. 413(1B) inserted by No. 51/2016 s. 26(1).
(1B) Regulations made under this section may provide for exemptions from or the reduction, waiver or refund, in whole or in part, of any fees fixed or imposed under regulations made under subsection (1).
S. 413(2) amended by Nos 9019 s. 2(1)(Sch. item 102), 10/2004 s. 15(Sch. 1 item 14.15), 29/2011 s. 3(Sch. 1 item 50), substituted by No. 51/2016 s. 26(2).
(2) The regulations may impose penalties not exceeding 20 penalty units for a contravention of the regulations.
S. 413(3) inserted by No. 9812 s. 7(1)(g).
(3) Regulations made under this Act may amend or revoke any regulations made under the Agricultural Colleges Act 1958 .
S. 413(4) inserted by No. 51/2014 s. 9(Sch. 2 item 6.3).
(4) Any regulations made under this Act for or with respect to the issuing of film permits must not be inconsistent with the film friendly principles.
S. 413(5) inserted by No. 40/2020 s. 52(3).
(5) Regulations made under this Act may—
(a) leave any matter or thing to be decided by a specified person or class of person; and
(b) provide for the exemption of persons or a class of persons from any of the regulations.
S. 413A inserted by No. 40/2009 s. 33.