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LAND ACT 1933 - SECT 46

This legislation has been repealed.

LAND ACT 1933 - SECT 46

46 .         Land may be declared open for selection

        (1)         The Minister may, by notice in the Gazette , declare any Crown land as open for selection under and subject to the provisions of this Part; and may, in like manner, withdraw any such land from being open for selection:

                Provided, that in the case of lands which do not exceed 500 acres in extent the applications may be restricted at the discretion of the Minister to persons who are the holders of a leasehold estate in adjoining lands under the provisions of Part V. or an estate in fee simple in such adjoining lands.

                In this proviso the term "adjoining lands" includes not only such lands as are actually adjacent to the lands open for selection but land which may be separated therefrom by any public road or way and also land which is so situated in relation to the lands open for selection that the Minister is of opinion that the land and lands open for selection may be conveniently worked as one holding.

        (2)         An incorporated company is not eligible to select or acquire any lands under this Division.

        [Section 46 amended by No. 36 of 1939 s.3; No. 65 of 1965 s.3; No. 55 of 1969 s.6.]