Section 205

The dealings capable of being effected under this Act with respect to alienated lands and interests therein shall be those specified in Parts Fourteen to Seventeen, and no others.

The persons and bodies in whose favour such dealings are capable of being effected shall be those, and only those, to whom, under section 43, State land is capable of being alienated.

Subject to subsection (4), no dealing in respect of any alienated land subject to the category “agriculture” or to any condition requiring its use for any agricultural purpose shall be effected if such dealing would have the effect of creating any undivided share of such size that, if the land is to be partitioned in proportion to the several shares, the area of any resulting individual portion would be less than two-fifths of a hectare.

The prohibition imposed by subsection (3) shall not apply to those cases where upon the coming into force of the said subsection, any alienated land held by any person or body, is less than two-fifths of a hectare, or an undivided share in any alienated land held by any person or body represents a portion of less than two-fifths of a hectare, and dealings shall be capable of being effected in respect of such alienated land or undivided share therein:

Provided that—

Nothing contained in subsections (3) and (4) shall render invalid any instrument effecting any dealing in any alienated land or any undivided share therein executed under this Part before the commencement of this subsection.