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LAND ADMINISTRATION ACT 1997 - SECT 46

LAND ADMINISTRATION ACT 1997 - SECT 46

46 .         Care, control and management of reserves

        (1)         The Minister may by order place with any one person or jointly with any 2 or more persons the care, control and management of a reserve for the same purpose as that for which the relevant Crown land is reserved under section 41 and for purposes ancillary or beneficial to that purpose and may in that order subject that care, control and management to such conditions as the Minister specifies.

        (2)         The Minister may, with the consent of the management body of a reserve and of the holders of any interests within the reserve to which this subsection applies, by order vary any condition to which the care, control and management of the reserve is subject.

        (2A)         Subsection (2) applies to an interest within a reserve if the interest —

            (a)         was granted by the management body of the reserve; or

            (b)         resulted from a transaction to which the management body of the reserve was a party.

        (3)         The Minister may —

            (a)         by order confer on a management body power, subject to section 18, to grant a lease or sublease or licence over the whole or any part of the Crown land within the reserve in question for the purposes referred to in subsection (1); and

            (b)         approve a mortgage of any such lease.

        (3a)         The Minister may by order —

            (a)         without the consent of the management body of a reserve, vary —

                  (i)         an order made under subsection (3)(a); or

                  (ii)         an order made under section 33 of the repealed Act or section 42 or 43 of the Land Act 1898 4 that subsists as an order made under subsection (3)(a),

                in relation to whether or not prior approval in writing of the Minister is required to a grant of a lease, sublease, or licence; or

            (b)         with the consent of the management body of a reserve, vary any other condition to which —

                  (i)         an order made under subsection (3)(a); or

                  (ii)         an order made under section 33 of the repealed Act or section 42 or 43 of the Land Act 1898 4 that subsists as an order made under subsection (3)(a),

                is subject.

        (3b)         The Minister’s approval under section 18 is not required for the exercise of a power conferred under subsection (3)(a) unless —

            (a)         the person on whom the power is conferred is —

                  (i)         a body corporate that is constituted for a public purpose under an enactment and is an agency of the Crown in right of the State; or

                  (ii)         a person referred to in subsection (10)(b),

                and the order provides that the Minister’s approval under section 18 is required; or

            (b)         the person on whom the power is conferred is a person other than a person referred to in paragraph (a).

        (4)         If an unmanaged reserve is the subject of —

            (a)         a lease granted under section 47; or

            (b)         a licence, or a lease or profit à prendre, granted under section 48,

                or of any other interest in the unmanaged reserve, the Minister may under subsection (1) place the care, control and management of that reserve with a management body subject to that licence, lease or profit à prendre or other interest, the term of which continues unbroken by that placing.

        (5)         An order made under subsection (1), (2), (3) or (3a) does not create any interest in Crown land in the relevant reserve in favour of the management body of that reserve.

        (6)         If Crown land reserved under section 41 for the purpose of recreation is leased or subleased under a power conferred under subsection (3), the lessee or sublessee may, unless the terms of the management order or the lease or sublease otherwise provide, restrict public access to the area leased.

        (7)         A person with whom the care, control and management of a reserve is placed by order under subsection (1) has, by virtue of this subsection, the capacity, functions and powers to hold and deal with the reserve in a manner consistent with the order, any order conferring power on that person under subsection (3)(a) and this Act to the extent that the person does not already have that capacity or those functions and powers.

        (8)         Subsection (7) does not authorise a management body to perform a function or exercise a power if another enactment expressly prevents the person from performing that function or exercising that power, or expressly authorises another person to perform that function or exercise that power.

        (9)         Any instrument in relation to the care, control and management of a reserve entered into or given by a person holding an office referred to in subsection (10)(b)(i) or (iii) is taken to have been entered into or given by the person for the time being holding that office.

        (10)         In subsection (1), a reference to a person is a reference to —

            (a)         a person having perpetual succession;

            (b)         a person not having perpetual succession who is —

                  (i)         a Minister to whom the Act specified in the relevant order is for the time being committed by the Governor; or

        [(ii)         deleted]

                  (iii)         a person holding a prescribed office.

        (11)         If an order made under section 33 of the repealed Act subsists under clause 16(1) of Schedule 2 as if it were a management order under section 46(1), the Minister may by order vary that order to place the care, control and management of the reserve the subject of the order with a person referred to in subsection (10).

        (12)         An order made under section 46(1) before the coming into operation of section 12 of the Land Administration Amendment Act 2000 may be varied by the Minister by order to place the care, control and management of the reserve the subject of the order with a person referred to in subsection (10).

        [Section 46 amended: No. 59 of 2000 s. 12(1)-(3) 5 ; No. 28 of 2015 s. 76; No. 4 of 2023 s. 21.]