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In forceUpdated to 15 Oct 2020
Contents

Chapter 1 · Property in land and powers of disposal

42. Powers of disposal

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(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

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.

Report

Chapter 2

Classification and use of land

Chapter 3

Rights of access to, and use of, alienated lands

Chapter 1

Reservation of land

Chapter 2

Temporary occupation of land

Chapter 3

Removal of rock material

Chapter 4

Permit to use air space above

Chapter 1

Introductory

Chapter 2

Approval of land for alienation

Chapter 3

Alienation under final title

Chapter 1

General

Chapter 2

Collection of arrears of rent

Chapter 3

Revision of rent

Chapter 2

Summary of conditions and restrictions in interest affecting alienated lands

Chapter 3

Implied conditions

Chapter 4

Express conditions and restrictions in interest

Chapter 5

Enforcement of conditions

Chapter 1

Subdivision of lands

Chapter 2

Partition of lands

Chapter 3

Amalgamation of lands

Chapter 4

Subdivision of buildings 151—157..

Chapter 1

The registers

Chapter 2

The subsidiary register 161—163..

Chapter 3

Final title in continuation of final title

Chapter 4

Replacement of register document of final title

Chapter 3

Chapter 2

Alienation under qualified title

Chapter 3

Final title and qualified title in continuation

Chapter 4

Conversion of qualified title into final title

Chapter 1

Powers of leasing, etc.

Chapter 2

Express and implied provisions

Chapter 3

Forfeiture

Chapter 4

Determination of leases and tenancies

Chapter 1

Creation of charges, and general provisions relating thereto

Chapter 2

Implied provisions

Chapter 3

Remedies of chargees: Sale

Chapter 4

Remedies of chargees: Possession

Chapter 5

Discharge

Chapter 6

Liens

Chapter 1

Creation

Chapter 2

Release, extinguishment and cancellation

Chapter 1

Presentation of instruments for registration

Chapter 2

Procedure generally

Chapter 3

Determination of fitness for registration

Chapter 4

Manner of registration

Chapter 5

Powers of Attorney

Chapter 6

Cancellation of registration

Chapter 7

Endorsement of exempt tenancies

Chapter 1

Caveats

Chapter 2

Prohibitory orders

Chapter 1

Co-proprietorship

Chapter 2

Trusts

Chapter 2

Deposited plans

Schedules