Section 42
Powers of disposal
of National Land Code (Revised - 2020)
(1)
Subject to subsection (2), the State Authority shall have power under this Act—
(a)
to alienate State land in accordance with section 76;
(b)
to reserve State land, and grant leases of reserved land, in accordance with the provisions of Chapter 1 of Part Four;
(c)
to permit the occupation of State land, reserved land and mining land under temporary occupation licences issued in accordance with the provisions of Chapter 2 of Part Four;
(d)
to permit the extraction and removal of rock material from any land, other than reserved forest, in accordance with the provisions of Chapter 3 of Part Four;
(e)
to permit the use of air space on or above State land or reserved land in accordance with the provisions of
Chapter 4 of Part Four provided that such air space shall be within the confines of a structure of any description erected thereon.
(2)
Nothing in this Act shall enable the State Authority—
(a)
to dispose of any land for the purposes of mining (within the meaning of any written law for the time being in force relating to mining);
(b)
to permit the extraction or removal of rock material from any land for the purpose of obtaining metal or mineral therefrom;
(c)
to dispose of any land for the purpose of the removal of forest produce therefrom; or 70
Act 828
National Land Code 103
(d)
to alienate any land so as to have the effect of less than two-fifths of a hectare of land subject to the category
“agriculture” or to any condition requiring its use for any agricultural purpose being held by more than one person or body, provided that the State Authority may, under exceptional circumstances, alienate such land to more than one person or body notwithstanding that it is less than two-fifths of a hectare.