LAND ADMINISTRATION ACT 1997 - SECT 18
LAND ADMINISTRATION ACT 1997 - SECT 18
18 . Crown land transactions that need Minister’s approval
(1) A person must not
without authorisation under subsection (7) assign, sell, transfer or otherwise
deal with interests in Crown land or create or grant an interest in Crown
land.
(2) A person must not
without authorisation under subsection (7) —
(a)
grant a lease or licence under this Act, or a licence under the
Local Government Act 1995 , in respect of Crown land in a managed reserve; or
(b)
being the holder of such a lease or licence, grant a sublease or sublicence in
respect of the whole or any part of that Crown land.
(3) A person must not
without authorisation under subsection (7) mortgage a lease of Crown land.
(4) A lessee of Crown
land must not without authorisation under subsection (7) sell, transfer or
otherwise dispose of the lease in whole or in part.
(5) The Minister may,
before giving approval under this section, in writing require —
(a) an
applicant for that approval to furnish the Minister with such information
concerning the transaction for which that approval is sought as the Minister
specifies in that requirement; and
(b)
information furnished in compliance with a requirement under paragraph (a) to
be verified by statutory declaration.
(6) An act done in
contravention of subsection (1), (2), (3) or (4) is void.
(7) A person or lessee
may make a transaction under subsection (1), (2), (3) or (4) —
(a) with
the prior approval in writing of the Minister; or
(b) if
the transaction is made in circumstances, and in accordance with any
condition, prescribed for the purposes of this paragraph.
(8) This section does
not apply to a transaction relating to an interest in Crown land if —
(a) that
land is set aside under, dedicated or vested for the purposes of an Act other
than this Act, and the transaction is authorised under that Act; or
(b) that
interest may be created, granted, transferred or otherwise dealt with under an
Act other than —
(i)
this Act; or
(ii)
a prescribed Act;
or
(c) an
agreement, ratified or approved by another Act, has the effect that consent to
the transaction was not required under section 143 of the repealed Act; or
(d) the
transaction is a lease, sublease or licence and the approval of the Minister
is not required under section 46(3b).
[Section 18 amended: No. 59 of 2000 s. 8(1)-(5) 2
.]