Crown Lands Act 1989 No 6
Current version for 1 November 2014 to date (accessed 29 November 2014 at 18:17)
Part 7Division 6

Division 6 Legal and evidentiary provisions

169   Title to land

A person who has acquired land from the Crown by way of purchase or exchange (other than a person who has acquired land under a lease from the Crown by way of exchange) under this Act has an estate fee simple in the land.

170   Limitation on acquisition of title by possession against the Crown

(1)  Title to any land of the Crown which has been:
(a)  set out as a road under an Act or in connection with the alienation of land of the Crown,
(b)  left between Crown grants for use as a road or driftway,
(c)  dedicated under the Crown Lands Acts or any other Act for a public purpose, or
(d)  reserved in a Crown grant or recorded in a folio of the Register as being reserved to the Crown,
may not, on the basis of adverse possession, be asserted or established against the Crown or any persons holding the land in trust for a public purpose.
(2)  Title to any land of the Crown reserved under the Crown Lands Acts or any other Act for a public purpose (not being land referred to in subsection (1)) may not, on the basis of adverse possession, be asserted or established against the Crown or any persons holding the land in trust for that public purpose.
(3)  Title to any other Crown land may not, on the basis of adverse possession, be asserted or established against the Crown.
(4)  This section does not affect the operation of section 46B of the Real Property Act 1900.
(5)  This section does not affect the title to any land:
(a)  which has, in any proceedings to which the Crown has been a party, been held not to be land of the Crown:
(i)  before the date of assent to the Crown Lands (Amendment) Act 1931 in the case of land referred to in subsection (1),
(ii)  before the date of assent to the Crown Lands (Amendment) Act 1977 in the case of land referred to in subsection (2), or
(iii)  before the date of commencement of Schedule 4 (11) to the Crown Lands (Miscellaneous Provisions) Amendment Act 1982 in the case of land referred to in subsection (3), or
(b)  which the Crown was debarred from recovering by the operation of the Crown Suits Act 1769 or the Limitation Act 1969:
(i)  at the date of assent to the Crown Lands (Amendment) Act 1931 in the case of land referred to in subsection (1),
(ii)  at the date of assent to the Crown Lands (Amendment) Act 1977 in the case of land referred to in subsection (2), or
(iii)  at the date of commencement of Schedule 4 (11) to the Crown Lands (Miscellaneous Provisions) Amendment Act 1982 in the case of land referred to in subsection (3).

171   Exclusion of minerals, other reservations, exceptions etc

(1)  A sale, lease or other disposal of land by a reserve trust under Part 5 of this Act or by the Crown under this Act or the Crown Lands (Continued Tenures) Act 1989 does not include the sale, lease or disposal of any minerals contained in the land, being minerals within the definition of mineral in section 3 (1) at the time when the land is contracted to be sold, the lease is commenced or the disposal takes place.
(2)  On creating a folio of the Register in respect of land under this Act or the Crown Lands (Continued Tenures) Act 1989, the Registrar-General shall record any qualification required by the Minister and notified to the Registrar-General.
(3)  A sale, lease or other disposal of land under this Act or the Crown Lands (Continued Tenures) Act 1989 is subject to any qualification approved by the Minister.
(4)  In this section:

qualification means:

(a)  a reservation or exception considered by the Minister to be in the public interest, or
(b)  without affecting any liability under the Mine Subsidence Compensation Act 1961—a condition having the effect of protecting the Crown and any mining lessee against any other liability that could arise from a subsidence as a result of mining operations.

172   Land with boundaries to lakes, roads etc

(1)  In this section:

alienated (except in subsection (7)) means sold, leased or otherwise disposed of under the Crown Lands Acts or any other Act relating to the alienation of land of the Crown.

bank means the limit of the bed of a lake or river.

bed means the whole of the soil of a lake or river including that portion:

(a)  which is alternately covered and left bare with an increase or diminution in the supply of water, and
(b)  which is adequate to contain the lake or river at its average or mean stage without reference to extraordinary freshets in time of flood or to extreme droughts.

lake includes a permanent or temporary lagoon or similar collection of water not contained in an artificial work.

river includes any stream of water, whether perennial or intermittent, flowing in a natural channel, and any affluent, confluent, branch or other stream into or from which the river flows.

(2)  The boundary of any land which is alienated by the Crown and which is described or alienated:
(a)  as bounded by, by reference to, or by the margin or bank, of a non-tidal lake, or
(b)  by metes expressed or shown to run to a lake or to the margin or bank of a lake,
shall be taken to be the bank of the lake at the time of the Crown survey for the purposes of the alienation.
(3)  Title to land comprising the bed of a non-tidal lake does not pass, and never has passed, by any alienation of land adjoining the lake:
(a)  as bounded by, by reference to, or by the margin or bank of, the lake, or
(b)  by metes expressed or shown to run to the lake or to the margin or bank of the lake,
and no person is, by being the owner of land so alienated, entitled to any rights of access over, or to the use of, any part of the bed.
(4)  The doctrine of accretion does not apply, and never has applied, to a non-tidal lake.
(5)  A person is not, by being the owner of land sold, leased or otherwise disposed of under this Act or the Crown Lands (Continued Tenures) Act 1989:
(a)  as bounded by, by reference to, or by the margin or bank of, a river, or
(b)  by metes expressed or shown to run to a river or to the margin or bank of a river,
entitled to any rights of access over, or to the use of, any part of the bed of the river.
(6)  Subsection (5) does not apply to the owner of land sold under the Crown Lands (Continued Tenures) Act 1989 if the land:
(a)  was, at the time of the sale, held as a conditional lease, homestead selection, homestead farm, week-end lease, conditional purchase lease, settlement purchase lease, closer settlement lease or group purchase lease under the Crown Lands Acts, and
(b)  was held as that holding before the bed of the adjoining river was reserved from sale or lease under the Crown Lands Acts.
(7)  If, before the commencement of this section:
(a)  the bed of a river was reserved from sale or lease under the Crown Lands Acts, and
(b)  land adjoining the river was subsequently alienated (including alienation under any form of tenure under the Crown Lands Acts or any other Act relating to the alienation of land of the Crown):
(i)  as bounded by, by reference to, or by the margin or bank of the river, or
(ii)  by metes expressed or shown to run to the river or to the margin or bank of the river,
a person is not, by being the owner of the land, entitled to any rights of access over, or to the use of, any part of the bed of the river.
(8)  If any land is or was alienated by the Crown with a boundary adjoining, or as bounded by, a road created by the Crown, no part of the road passes, or shall be taken ever to have passed, with the land.
(9)  Nothing in this section affects any rights acquired under the Water Management Act 2000.

173   Evidence of land being measured

(1)  A measurement of Crown land is not effective until the plan of the measurement has been approved by an officer authorised by the Minister.
(2)  The signature of an authorised officer on a plan is evidence that the plan has been approved by the officer.

174   Ownership of improvements on forfeiture etc

(1)  On forfeiture, surrender or other determination of a holding all improvements on the land become, subject to this section and any provision or condition of the holding, the property of the Crown and no compensation is payable for those improvements.
(2)  On application made within 1 month of the forfeiture, surrender or determination the Minister may permit the former holder to remove from the land any improvements effected or owned by the holder or the holder’s predecessors in title.
(3)  On removal of improvements under this section the Crown ceases to have (and shall be taken never to have had) any right to the improvements.

175   Proceedings for offences

Proceedings for an offence against this Act, the Crown Lands (Continued Tenures) Act 1989 or the regulations shall be dealt with summarily before the Local Court.

176   Offences by corporations

(1)  If a corporation contravenes, whether by act or omission, any provision of this Act, the Crown Lands (Continued Tenures) Act 1989 or a regulation, each person who is:
(a)  a director of the corporation, or
(b)  concerned in the management of the corporation,
shall be taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.
(2)  A person may, under subsection (1), be proceeded against and convicted for a contravention of a provision whether or not the corporation has been proceeded against or been convicted for a contravention of the same provision.
(3)  Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation against this Act or the regulations.

177   Certificate as to status of land etc

(1)  A certificate signed by the Minister certifying that, at a stated time or during a stated period:
(a)  specified land was, or was not, Crown land,
(b)  specified land was, or was not, granted, reserved or dedicated for a public purpose,
(c)  specified land was, or was not, a reserve within the meaning of Part 5,
(d)  specified land was, or was not, land in respect of which a notification under section 18 (4) (application of protection of public land provisions to other land) was in force,
(e)  specified land was, or was not, the subject of a holding or a specified class of holding,
(f)  a holding was, or was not, subject to a specified condition, or
(g)  a named person was, or was not, the holder of a holding,
is, in any legal proceedings, admissible as evidence of the matters certified.
(2)  If the court before which any legal proceedings are brought is satisfied that the proceedings were brought wholly or partly for the purpose of determining title to land, a certificate under subsection (1) is not admissible in the proceedings.
(3)  In this section:

holding includes:

(a)  an enclosure permit, and
(b)  a lease to the Commonwealth under Part 8 of Schedule 2 to the Crown Lands (Continued Tenures) Act 1989, and
(c)  any tenure, lease, licence or permit granted under the Crown Lands Acts which ceased to exist before the commencement of this Act.

178   Certificate evidence as to authorised persons and inspectors

(1)  A certificate:
(a)  signed by the Minister, and
(b)  certifying that a named person is, or was at a stated time or during a stated period, an authorised person for the purposes of a specified provision of this Act,
is, in any legal proceedings, admissible as evidence of the matters certified.
(2)  A certificate signed by the Director-General and certifying that a named person is, or was at a stated time or during a stated period, an authorised inspector is, in any legal proceedings, admissible as evidence of the matters certified.

179   Removal of recordings in Register

If the Minister is satisfied that a covenant, condition, reservation or provision is no longer applicable to a holding or land the Minister may inform the Registrar-General accordingly and the Registrar-General may amend the Register in accordance with that information.
Top of page