LAND ADMINISTRATION ACT 1997 - SECT 172
LAND ADMINISTRATION ACT 1997 - SECT 172
172 . No transaction affecting required land without Minister’s consent
(1) This section
applies to a transaction affecting land which is included in a current notice
of intention, other than a transaction mentioned in subsection (6).
(2) A person may not
enter into a transaction to which this section applies except with the consent
in writing of the Minister.
(3) A transaction
entered into in contravention of subsection (2) is void.
(4) An application for
the Minister’s consent under this section for a proposed transaction
must be in writing.
(5) A person who is a
party to the transaction must —
(a)
furnish in writing such particulars of the transaction as the Minister may
require as being necessary to enable the Minister to determine whether any
party to the transaction is fully aware of the implications of the notice of
intention to take the land; and
(b) to
furnish such statutory declarations in support of the particulars furnished
under paragraph (a) as the Minister may require.
(6) If the Minister is
of the opinion that any party to a transaction to which this section applies
is not fully aware of the implications of the notice of intention to take the
land affected by the transaction, and that the party would, if the
Minister’s consent were given, be likely to incur loss, the Minister may
withhold consent to the transaction.
(7) This section does
not apply to a transaction —
(a) to
which the State or the Commonwealth, or any authority of the State or
Commonwealth, or a person acting on behalf of the State, the Commonwealth or
such an authority, other than the Public Trustee, is a party; or
(b) by
which an interest in land is acquired on sale under a writ or warrant of
execution issued out of any court; or
(c) by
way of discharge of a mortgage or charge; or
(d) by
way of partition between co-proprietors; or
(e) by
way of deed of arrangement between beneficiaries under a will or settlement;
or
(f)
which vests an interest in land in the personal representative of a deceased
person; or
(g)
which vests an interest in land in a trustee of the estate of a deceased
person, a trustee in bankruptcy, or a newly appointed trustee under any
instrument; or
(h)
which vests an interest in land held by a company in a liquidator,
administrator, receiver, receiver-manager or manager of the company; or
(i)
which is without consideration and the purpose of which
is to vest an interest in land in a person beneficially entitled to the
interest, under or by virtue of a will or intestacy or by way of gift; or
(j) by
way of a personal insolvency agreement under the Bankruptcy Act 1966 of the
Commonwealth, or any Act of the Commonwealth passed amending, or in
substitution for, that Act.
[Section 172 amended: No. 18 of 2009 s. 48; No. 4
of 2023 s. 92.]