Version No. 133
Land Act1958
No. 6284 of 1958
Version incorporating amendments as at
1 July 2017
table of provisions
Section Page
xi
Section Page
1 Short title and commencement 1
2 Repeals and savings 2
2A Definitions 5
2B Traditional owner agreement for natural resources 7
Part I—Crown lands generally 8
3 Definitions 8
3A Application of Road Management Act 2004 16
3B Transport Integration Act 2010 17
4 Application of Part 17
4A Minister may purchase lands 17
4B Power to enter into management agreements with Traditional Owner Land Management Boards 18
4C Land to be managed consistently with joint management plan 19
5 Filming Approval Act 2014 19
Division 2—Grants and reservations 19
12 Governor in Council or Minister may convey land under this Part 19
12A Exchange of Crown land 20
13 Land acquired by Crown or Board may be conveyed 22
17 Registration of Crown purchases to have same effect as enrolment 22
22A Power to public authorities to surrender lands 23
22C Attorney-General may authorize surrender of lands to Her Majesty 25
22D Surrender of land by municipality 26
22E Surrendered land to be deemed unalienated land of Crown 27
23 Escheated and forfeited lands may be conveyed 27
24 Grant by Governor on behalf of Her Majesty to be valid 28
25 Governor in Council may divide territory into countiesetc. 28
26 Crown grants and leases to be dated 30
Division 3—Administration 31
27 Appointment of land office and land officer 31
28 Application for a lease or licence 31
29 Applications to be entered 31
31 Duties of bailiffs 31
32 Authority of persons appointed under this Act 33
33 Several persons may be appointed to do the same act 33
34 How applications etc. to be heard 34
35 Penalty for false statement etc. 35
36 Power to Governor in Council to withdraw lands from saleetc. 35
37 Minister to lay annual report before Parliament 35
Division 4—Perpetual leases 36
53 Power to select allotment under perpetual lease 37
54 Application of subdivision 37
55 Conditions in perpetual lease 37
56 Rent under perpetual lease 41
57 Recovery of rent and interest 41
58 Power of perpetual lessee to surrender lease 42
59 Ante-dating of lease 42
60 Limit of land to be held under perpetual lease 43
61 Encumbranced leases 47
Division 6—Sale of land by auction or tender or to a public authority 49
89 Minister may sell Crown land by public auction or public tender 49
90 Minister to give notice of public auction or public tender 49
91 Procedure where reserve price not reached at auction or by tender 50
92 Purchaser of Crown land by auction or tender deemed to be owner 51
94 Commission may be paid 51
95 Land to be granted when purchase price paid 51
96 Person not to assign interest under contract of sale without Minister's consent 52
97 Penalty interest for failure to pay money due under contract of sale 52
98 Minister may declare contract of sale void on default 52
99 Minister may sell Crown land to public authority 53
99A Sale by private treaty 54
100 Sale of Crown land subject to lease 55
Division 7—Swamp or reclaimed lands 58
101 Swamp lands 58
102 Governor in Council may cause swamp lands to be drained 58
103 Power to enter upon lands and make canals drainsetc. 58
104 Powers of Minister for purposes of drainage 60
105 Penalty for injuring or obstructing drains 61
106 Fixing value of swamp or reclaimed lands 62
107 Value to be marked on plan by Minister 62
108 Power of Minister to approve or alter 62
109 Mode of disposing of swamp land when valued 63
110 Governor in Council may lease or renew lease on swamp lands 63
111 Conditional purchase leases 64
112 Conditions 64
113 Condition in leases 65
114 Conditional purchase leases 66
115 Special conditions in leases and contracts 67
116 Perpetual lessee may obtain conditional purchase lease 69
118 Condition in Crown grant to keep open drains 70
119 Power of Minister to authorize drain etc. through adjoining swamp lands 71
120 Rent under perpetual lease of swamp etc. 71
Division 8—Agricultural leases, licences andpermits 72
Subdivision 1—Leases for agricultural purposes 72
121 Granting of leases for agricultural purposes 72
122 Term of lease 73
123 Land over which lease may be granted 73
124 General conditions of leases 74
125 Land leased under this Division deemed to be protected forest 75
126 Amendment of folios of the Register on resumption of land 76
Subdivision 2—Licences for agricultural purposes 77
130 Granting of licences for agricultural purposes 77
130AA Period of licence 77
130AB Land over which licence may be granted 78
130AC General conditions regarding licences 78
130B Licence presumed where fee paid 79
130C Licence not to expire on death of licensee 80
130D Application of sections 130B and 130C 81
Subdivision 3—Agistment permits 83
133A Agistment permits 83
Subdivision 4—General provisions relating to agricultural licences and leases 84
133B Remittance or waiver of rent or fees in times of hardship 84
133C Forfeiture of leases and cancellation of licences 85
133D Compensation for improvements on forfeiture of lease or cancellation of licence 85
133E Termination of lease where no breach 86
133F Cancellation of licence where no breach 86
133G Notice of intention to grant lease or licence 87
Division 9—Leases and licences for nonagricultural purposes 88
Subdivision 1—Leases for non-agricultural purposes 88
134 Minister may lease Crown land under this subdivision 88
134A Leasing of strata of Crown land 89
135 Public auction or tender or private negotiation 93
136 Minister to give notice in writing of public auction or public tender 93
137 Proposed lessee to give notice of lease arranged privately 94
137AA Term of lease 94
137AAA Rent in advance 96
137AB Rent review 96
137AC Replacement leases 97
137AD Leases may not be assigned etc. without Minister's consent 97
137AE Lease granted to generation company 97
137A Industrial leases and industrial development leases 98
Subdivision 1A—Conditional purchase leases 102
137B Conditional purchase lease 102
137C Terms and conditions 103
137D Purchase on certain conditions 103
137E Crown grant to be subject to conditions etc. as Governor in Council sees fit 104
137F Lease not to be transferred etc. without Minister's consent 104
137G Minister may declare lease forfeited 104
137H Effect of forfeit of lease 104
Subdivision 2—Licences &c. 105
138 Minister or authorized person may grant licences 105
138A Licence for strata of Crown land 106
139 Buildings etc. erected under licence to be removed on expiry 110
140 Terms and conditions 111
140AA Licence granted to generation company 112
Licences for Jetties and Landing Stages etc. 112
140A Grant of licences for jetties landing stages etc. 112
140B Notice of intention to apply for a licence to be published 113
140C Term of licence 114
140D Licence to specify purpose conditions etc. 114
140DA Licence fee 114
140E Renewal presumed where fee paid 115
140F Conditions associated with lease of land 115
140G Aquatic clearance 117
Tour operator licences 117
140H Offence to conduct organised tour or recreational activity on Crown land if unlicensed 117
140I Grant of tour operator licence 118
140J Application for tour operator licence 118
140K Requirement to pay annual fee on grant of tour operator licence 118
140L Tour operator licence conditions 119
140M Contravention of condition an offence 119
140N Variation of licence to operate as activity provider or tour operator on Crown land 119
140O Suspension of tour operator licence 120
140P Making submissions on suspension 120
140Q Cancellation of tour operator licence 121
Bee site licences 122
141 Person may apply for bee site licence 122
142 Minister may grant bee site licence 122
143 Land over which bee site licence may be granted 124
144 Fees to be determined by Minister 126
145 Conditions relating to access to a bee site licence area 127
146 Transfer of bee site licence 127
147 Process on expiry of current bee site licence 128
148 Application of presumption of bee site licence 129
149 Offences 129
Eucalyptus Oil Licences 132
150 Governor in Council etc. may grant eucalyptus oil licences 132
151 Conditions of licence 132
Subdivision 3—Grant of leaseholds 132
151AA Metropolitan lessees may obtain grant of land 132
Division 9A—Plantation areas 134
151A Definitions 134
151B Proclamation of land for plantation areas 135
151C Application for grant of plantation area 136
151D Investigation of application 136
151E Grant of lease 136
151F Planting of trees by lessee 137
151G Road charges 138
151H Assignment, mortgage etc. of lease 138
151J Cancellation of lease 139
151K Power to lessee to erect buildings 139
151L Property in trees where lease cancelled or expired 139
Division 11—Residence areas 141
163 Definitions 141
165 No new residence area rights to be granted 141
166 Holder of right to have exclusive occupation of land 142
167 Cancellation of right to occupy residence area 142
168 Removal of buildings 143
169 Compensation on resumption by Crown 144
170 Power to let 144
171 Power to inspect entries in mining registers 145
172 Power to excise land from certain streets 145
173 Right of holder of residence area to purchase land 146
174 Residence area right may be converted to purchase lease 147
175 Liens and encumbrances to be discharged 148
176 Forfeiture of lease 149
177 On payment of purchase price lessee entitled to Crown grant 150
Division 12—Commons 150
179 Common lands 150
180 Saving of existing commons 150
181 Governor in Council may proclaim commons 151
182 Appointment of managers and regulations 151
183 Management 152
183A Municipality may raise funds by allowing use of common 153
184 Governor in Council may increase or diminish commons 153
185 Lands taken from commons 153
Division 13—Trespasses, penalties, legalproceedings etc. 154
186 Penalty where land officer applies for allotment 154
187 Penalty for false statement etc. in relation to application 154
188 Penalty for unauthorized occupation or depasturing on certain lands 154
188A Magistrates' Court may order removal of buildingsetc. 155
190 Penalty for trespasses on Crown lands 159
190A Offence to construct, remove, alter, or carry out maintenance on, a levee on certain Crown land 160
191 Penalty for depositing rubbish on Crown lands 161
192 Obliteration of boundary mark 162
193 Rights of licensee and lessee against trespassers 162
194 Unauthorized occupier may be forcibly dispossessed 163
195 Hearing 163
196 Recovery of rent and licence-fees 164
197 Demand for or acceptance of rent etc. not to be deemed a waiver or breach of covenant or condition 164
198 Certificates of Minister prima facie evidence of nonpayment of fees or rent 165
199 Governor in Council may prohibit felling timber etc. 165
200 Proof 166
201 Certificate of Secretary to be prima facie evidence that land is unalienated Crown land 166
201A Judicial notice of signature 167
202 Declarations of forfeiture valid 167
203 Appeals 167
Division 14—Miscellaneous 168
204 All Crown grants and certain licences and leases to contain condition permitting mining on compensation for surface damage 168
205 Lands alienated to be subject to conditions for mining 168
208 Exchange of Crown and private land upon alteration of road 170
209 Resumption of land for roads 171
210 Declaration to be made by appraiser 173
211 Applicants for licences rights or leases before commencement of Act not prejudiced 173
212 Licensees under section 49 of The Land Act 1869 may obtain grant of auriferous holdings on certain condition 173
213 Holder of forest land entitled under certain conditions to purchase 174
214 Travelling cattle 175
215 Notice to be given to occupier of land of intention to drive travelling cattle or sheep 176
216 Survey officers may enter upon private lands 177
217 Privilege of public officers on duty and of holders of miner's rights 178
218 Leases may provide for removal of buildings and restoration of land 178
225 Unbranded wild cattle to belong to Crown 181
228 Interest on rent etc. in arrear 181
229 Agreement with electricity company 183
Part III—Leases of agricultural college lands 186
273 Demises 186
Part V—Development leases 190
302 Definitions 190
303 Power to Governor in Council to grant development leases 190
304 Power to suspend development in certain circumstances 193
305 Power to Governor in Council to make necessary grants to settlers and a grant to the Society 193
306 Licence entitling Society to enter and make tests on land in Thirteenth Schedule 194
307 Development Leases Consultative Committee 194
Part VIII—Leases and licences for electriclines 197
334 Power to lease or license land for construction thereon of electric line 197
335 Covenants conditions etc. of lease or licence 197
336 Notice of application 198
337 Mining not restricted 198
338 Copy of lease or licence to be laid before Parliament before issue 198
Part IX—General 199
339 Lands of the Crown to be alienated only down to such depth as Governor in Council directs 199
339A Alienation of Crown land in strata 200
339B Easements ancillary to alienation in strata 203
340 Right to metals and minerals not to go with the land 205
341 Crown lands enhanced in value by proximity of railway or waterworks etc. 205
342 Additional price how to be paid and applied 208
343 Mode of application where Crown land benefited by more than one work 209
344 Additional sums paid as purchase money or rent to be returned where works not constructed within ten years 209
345 Mode of alienation of Crown lands under previous Acts not to be affected 210
346 Power to include certain pieces of land in leases licences or Crown grants of adjoining land 211
347 Value where land contains any fractional part of an hectare 212
348 Crown grants of roads used for railways 212
349 Power to close certain unused roads on Crown lands 212
350 Power to set apart certain portions of roads for tree planting 214