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Section 79

General provisions relating to approvals

of National Land Code (Revised - 2020)

ActIn forceProvision 82 of 391
Section 79

(1)

Where any approval of the State Authority to the alienation of land under this Act relates to land which (under subsection 77(2)) is required to be surveyed before it can be held under final title, it shall be given by reference to a plan and description sufficient to enable the land and its boundaries to be provisionally identified and ascertained pending the survey.

(2)

The following matters shall be determined by the State

Authority at the time when it approves the alienation of land under this Act to any person or body:

(a)

the *area approved for alienation **or (in the case of land requiring to be surveyed) the area provisionally approved;

(b)

the period for which the land is to be alienated;

(ba) (Deleted by Act A1104);

(c)

the form of final title under which the land is ultimately to be held;

(d)

the rate per ***hectare or other lesser unit of *area at which the rent to be reserved thereon is to be calculated;

(e)

the question whether any premium is to be charged and, if so, the rate per ***hectare or other lesser unit of

*area at which it is to be calculated;

*

In respect of underground land, substitute for the word “area” the word “volume”

**

In respect of underground land, delete the words “or (in the case of land requiring to be surveyed) the area provisionally approved”—see P.U. (A) 204/1997.

*** In respect of underground land, substitute for the word “hectare” the words “cubic metre”

102

Act 828

National Land Code 147

(f)

the question whether (as permitted by subsection 52(5))

the land is to be alienated free from any category of land use and, if not, the category to be imposed (unless already prescribed by a notification having effect in relation to the land under subsection (2) of that section);

and

(g)

the express conditions and restrictions in interest, if any, to be imposed.