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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.]