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Biblioteca Crown Lands Act 1989.

Crown Lands Act 1989.

Crown Lands Act 1989.
An Act to provide for the administration and management of Crown land in the Eastern and Central Division of the State and to repeal the Crown Land Consolidation Act 1913, the Closer Settlement Acts and certain other Acts.

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LEX-FAOC012939
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In accordance with the division of the State into (a) Eastern and Central Division; and (b) Western Division, the Act makes provision for the administration and management of Crown land in the Eastern and Central Division of the State. Main object of this Act is to provide for: (a) a proper assessment and management of Crown land; (b) the development and conservation of Crown land; (c) the reservation or dedication of Crown land for public purposes; (d) the collection, recording and dissemination of information relevant to the above. The management of Crown land is based on the following principles: (a) environmental protection; (b) conservation of natural resources; (c) and sustainable use of Crown land. For the purpose of this Act "Crown land" means land that is vested in the Crown or was acquired under the closer Settlement Acts as in force before their repeal, except: (a) land dedicated for a public purpose; or (b) land that has been sold or lawfully contracted to be sold and in respect of which the purchase price or other consideration for the sale has been received by the Crown (art. 3 (1)). Crown land shall not be occupied, used, sold, leased, licensed, dedicated or reserved or otherwise dealt with unless the occupation, use, sale, lease, licence, reservation or dedication or other dealing is authorized by this Act or the Crown Lands (Continued Tenures) Act 1989. As far as the administration of Crown land is concerned, Part 2 states the responsibility of the Minister with respect to the implementation of the provisions of the Act, and makes provision for the establishment, composition and powers of the Lands Administration Ministerial Corporation. According to article 30, the Minister shall formulate a programme for the assessment of Crown land, which shall consist of (a) the preparation of an inventory of Crown land; (b) assessment of the capabilities of the land; (c) the identification of suitable uses for the land and, where practicable, the preferred use or uses. In accordance with provisions of Part 4, the Minister may also: (a) sell, lease, exchange or otherwise dispose of or deal with Crown land; or (b) grant easements or rights of way over, or licences or permits in respect of, Crown land. A licence may authorize the use or occupation of Crown land for such purposes as the Minister thinks fit (div. 4 of Part 4). Division 5 regulates the creation and release of easements, the creation of easements for public access, the rights of owners or lessees of affected land. The Minister may, on application by a holder of land, grant to the holder a permit to enclose wholly or in part any road or watercourse by which the land is traversed or bounded, subject to payment of an annual rent determined by the Minister. Further provisions regard inter alia the transfer of land with an enclosure permit, the subdivision of land with which road or watercourses is enclosed, the cancellation of enclosure permit, and the variation of enclosure permit. Part 5 deals with the dedication and reservation of land. The Minister may, by notification in the Gazette, (a) dedicate Crown land for a public purpose, (b) reserve any Crown land from sale, lease or licence for future public requirements or other public purposes, (c) add Crown land to any dedicated or reserved land, (d) reserve any Crown land from sale, lease or licence. The Minister may also establish and name a reserve trust and appoint it as trustee of any one or more specified reserves or any one or more parts of a reserve and appoint a council or any other corporation to manage the affairs of a reserve trust. Further provisions establish the powers and duties of the administration, liability, etc. of the reserve trust. Part 6 states the powers of the Minister relevant to the implementation of the Act. Miscellaneous provisions concern the following: acquisition of land, acquisition of land for public purposes, withdrawal from lease or licence for public purposes, surrender of land, alteration of conditions or purposes and suspension of conditions, determination of rent, payments, postponement, waiver etc. Of payments, rebates of rent, protection of public land, offences, legal and evidentiary provisions.The Act is completed by eight Schedules: Members of local land boards (1); Powers and procedures of local land boards (2); Provisions relating to the members of a trust board (3); Pecuniary interests of members of a trust board (4): Procedure of a trust board (5); Schedule 6 has been repealed; Repeals (7); Savings, transitional and other provisions (8).

Implemented by: Crown Lands Regulation 1995. (1995)
Implemented by: Crown Lands Regulation 2000. (2001-07-03)
Implemented by: Crown Lands (General Reserves) By-law 2001. (2003-02-01)
Implemented by: Crown Land Management Regulation 2018. (2018-03-16)
Implemented by: Crown Lands (General Reserves) By-law 2006. (2016-04-29)
Implemented by: Crown Lands Regulation 2006. (2014-11-28)
Repealed by: Crown Land Management Act 2016. (2018-03-16)

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