Crown Lands Act 1989 No 6
Current version for 1 November 2014 to date (accessed 24 November 2014 at 13:45)
Part 7Division 1

Division 1 Acquisition etc of land

134   Power of Minister to accept gifts of land

(1)  The Minister may acquire any land by gift or devise and may agree to the conditions of the gift or devise.
(2)  The rule of law against remoteness of vesting does not apply to any condition to which the Minister has agreed.
(3)  Subject to subsection (5), land acquired under this section or, where the land is or is to be divided into separate parts, each part of the land shall:
(a)  be dedicated under section 80 or reserved under section 87, and
(b)  be subject to the provisions of this Act:
(i)  applicable to land dedicated under section 80 or reserved under section 87, as the case may be, or
(ii)  if the dedication or reservation of the land is revoked under this Act—applicable to land formerly dedicated under section 80 or formerly reserved under section 87, as the case may be.
(4)  For the purposes of subsection (3) (a), land, or a part of land, acquired under this section is Crown land.
(5)  Land acquired under this section may not be dealt with in breach of a condition to which the Minister has agreed.
(6)  If a condition to which the Minister has agreed so provides:
(a)  any part or parts of land acquired under this section may be used by any person in accordance with that condition to the exclusion or partial exclusion of the public, and
(b)  the rights and powers of the Minister or of any other person under this Act may not be exercised in respect of land acquired under this section or may not be exercised in respect of the land to the extent specified in the condition.
(7)  Despite anything in this or any other Act or any rule of law:
(a)  the Minister may transfer land acquired under this section, or grant a lease, permit, licence or easement of or in respect of the land, in accordance with a condition to which the Minister has agreed, and
(b)  the land may be transferred, or the lease, permit, licence or easement may be granted, without consideration, if the condition so provides, or for such consideration as is provided for in the condition.
(8)  If a condition of a gift or devise of land to which the Minister has agreed so provides, the Minister may pay the cost or part of the cost of the transfer of the land to the Minister and of any subsequent dealing with the land.
(9)  A condition of a gift or devise of land has no effect for the purposes of this section unless it is expressed in writing in the agreement under which, or the instrument by which, the land is given or devised.

135   Acquisition of land for public purpose

(1)  The Minister may acquire land (including an interest in land), for any public purpose, by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
(2)  For the purposes of the Public Works Act 1912, any such acquisition of land is taken to be for an authorised work and the Minister is, in relation to that authorised work, taken to be the Constructing Authority.
(3)  Sections 34, 35, 36 and 37 of the Public Works Act 1912 do not apply in respect of works constructed under this Act.

136   Withdrawal from lease or licence for public purposes

(1)  The Minister may, by notification in the Gazette, withdraw from any lease or licence under this Act or the Crown Lands (Continued Tenures) Act 1989 any land required for a public purpose.
(2)  A withdrawal does not operate to extinguish any debt to the Crown relating to the land withdrawn, except to the extent to which the Minister directs.
(3)  The Minister may, by notification in the Gazette, revoke or modify any withdrawal.
(4)  Subject to the conditions attaching to, or the provisions applying to, a lease or licence, compensation is payable for land withdrawn under this section.
(5)  The provisions of the Land Acquisition (Just Terms Compensation) Act 1991 relating to the payment of compensation for land acquired by compulsory process apply, with such modifications as may be prescribed, to the payment of compensation under this section.
(6)  On the withdrawal of land from a lease or licence, the Minister may:
(a)  if the rent payable in respect of the lease or licence is subject to periodic redetermination—redetermine the rent and adjust (in proportion to the land withdrawn) any other money payable in respect of the lease or licence, or
(b)  if the rent is not subject to periodic redetermination—proportionately adjust:
(i)  the rent and any other money payable in respect of the lease or licence, and
(ii)  if the withdrawal is from a lease—any rent base for the lease.
(7)  If part of a rent base apportioned under subsection (6) to a lease is less than the minimum rent base, that part of the rent base is increased to the minimum rent base.
(8)  For the purposes of the Crown Lands (Continued Tenures) Act 1989, a part of a rent base apportioned under subsection (6) to a lease (or, if subsection (7) applies, the minimum rent base) is taken:
(a)  if section 4D of that Act applies in respect of the lease, to be the annual rent of the lease as at the last due date occurring before 1 July 2004, and
(b)  if clause 5 of Schedule 5 to that Act applies in respect of the lease, to be the annual rent of the lease as at the date of commencement of that clause.
(9)  The provisions of Division 3 relating to:
(a)  the redetermination of the rent of leases, and
(b)  objections and appeals against redeterminations of rent,
apply to the redetermination of the rent of a lease under this section as if the conditions of the lease provided for the redetermination.
(10)  In this section:

minimum rent base means, if Division 2A of Part 7 applies to the lease $350 or, if that Division does not apply in respect of the lease, $100.

137   Surrender of land

(1)  The holder of any land or of any lease from the Crown under this Act or the Crown Lands (Continued Tenures) Act 1989 may, with the consent of the Minister, surrender the whole or a part of the land or lease to the Crown.
(2)  A surrender does not operate to extinguish any debt to the Crown relating to the land or lease surrendered, except to the extent to which the Minister directs.
(3)  On surrender, the land or the land leased (to the extent to which it is not Crown land) becomes Crown land.
(4)  With the agreement of the lessee, the Minister may adjust the rent of a lease on surrender of part of the land leased.

138   Certain land may be declared to be Crown land

(1)  If any land was or is, before or after the commencement of this section:
(a)  acquired by compulsory process for any public purpose and vested in a Minister of the Crown on behalf of the Crown by or under the authority of an Act,
(b)  acquired by or on behalf of the Crown by gift or otherwise, or
(c)  acquired by compulsory process and vested in a public authority, or otherwise acquired by or vested in a public authority, by or under the authority of an Act,
the Minister may, by notification in the Gazette, declare the land to be Crown land.
(2)  The declaration may be limited to the surface of the land or to the surface and to such depth below the surface as is stated in the notification.
(3)  A declaration may not be made in respect of land vested in or acquired by or on behalf of a public authority without the consent of the public authority.
(4)  A declaration:
(a)  may contain provisions relating to the discontinuation or continuation of any interests affecting the land, and
(b)  has effect according to its tenor.
(5)  In this section:

public authority means:

(a)  the Water Administration Ministerial Corporation,
(b)  a council as defined in the Local Government Act 1993,
(c)  Local Land Services,
(d)  a reserve trust established under Part 5, or
(e)  a public body declared by the Minister, by order published in the Gazette, to be a public authority for the purposes of this section.

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