{"id":"crown-lands-act-1992","name":"Crown Lands Act 1992","slug":"crown-lands-act-1992","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30001,"registerId":"nt-crown-lands-act-1992-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Crown Lands Act 1992.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act shall come into operation on the commencement of the\nPastoral Land Act 1992.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"3 Definitions\nIn this Act:\nadditional royalty, see section 94A(1)(b).\nagricultural development, in relation to land, means the\ndevelopment of the land for the purpose of cultivation or mixed\nfarming and grazing and the use of the land for cultivation or mixed\nfarming and grazing, and includes such other activities as are\nincidental or ancillary to that development or use of the land.\nappropriate form, for an instrument, has the same meaning as in\nthe Land Title Act 2000.\nCommission means the Parks and Wildlife Commission of the\nNorthern Territory established by the Parks and Wildlife\nCommission Act 1980.\ncondition, in relation to a lease, includes a covenant and a term.\ncovenant has the same meaning as in Division 4 of Part 9 of the\nLaw of Property Act 2000.\ncovenant in gross has the same meaning as in Division 4 of Part 9\nof the Law of Property Act 2000.\n\nCrown Lands Act 1992 2\nCrown lands means all lands of the Territory, including the bed of\nthe sea within the territorial limits of the Northern Territory, and\nincluding an estate in fee simple that is registered in the name of\nthe Territory, but does not include reserved lands.\nDarwin town area means the land described in the Schedule to the\nDarwin Lands Acquisition Act 1945.\neasement has the same meaning as in Division 2 of Part 9 of the\nLaw of Property Act 2000.\neasement in gross has the same meaning as in Division 2 of\n","sortOrder":2},{"sectionNumber":"Part 9","sectionType":"part","heading":"of the Law of Property Act 2000.","content":"Part 9 of the Law of Property Act 2000.\nimprovements has the same meaning as in the Valuation of Land\nAct 1963.\ninterest, in relation to Crown land, does not include a pastoral\nland, for Part 7, see section 88.\nLand and Valuation Review Tribunal or The Tribunal means the\nLand and Valuation Review Tribunal established by the Valuation of\nLand Act 1963.\nland register has the same meaning as in the Land Title Act 2000.\nlease does not include a pastoral lease.\nlease grant charges means the charges payable under section 30.\nlessee includes the person to whom a lease passes, whether by\ntransfer or devolution.\nlicence means a licence granted under Part 7.\npastoral lease has the same meaning as in the Pastoral Land\nAct 1992.\nrent means annual rental.\nreserve price, in relation to the sale of, or an interest in, land,\nmeans the minimum amount payable, whether in one sum or by\ninstalments, for the land or interest.\nrights in relation to the supply of services, in relation to a\nlicence, means:\n(a) the licensee is permitted to go onto the land and carry out\nwork on the land; and\n\nCrown Lands Act 1992 3\n(b) the work on the land is for the purpose of supplying or\nconveying through, under, on, across or above the land a\nsewerage, water supply, drainage, electricity or other energy\nsupply or communications service by electronic means.\nsite for a town means an area surveyed as a town but not\nconstituted and defined as a town.\nSurveyor-General has the same meaning as in the Licensed\nSurveyors Act 1983.\nthis Act includes the regulations made thereunder.\ntown means a town constituted and defined in accordance with this\nAct or in accordance with a law in force in the Territory before the\ncommencement of this Act.\ntown lands means lands set apart as town lands under this Act or\nof a law in force in the Territory before the commencement of this\nAct.\nunimproved value means unimproved capital value as defined in\nthe Valuation of Land Act 1963.\nValuer-General has the same meaning as in the Valuation of Land\nAct 1963.\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"How Crown lands may be alienated","content":"4 How Crown lands may be alienated\n(1) Subject to subsection (2), Crown lands shall not be alienated from\nthe Crown otherwise than in pursuance of this Act.\n(2) This section does not affect:\n(a) the granting of a lease in pursuance of an agreement or right\nin existence at the commencement of this Act;\n(b) the granting of an estate in fee simple in pursuance of an Act;\n(c) the granting of a lease in pursuance of an Act; or\n(d) the granting of an estate in fee simple under the Aboriginal\nLand Rights (Northern Territory) Act 1976 of the\nCommonwealth.\n\nCrown Lands Act 1992 4\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Leases of land on which there are Territory buildings","content":"5 Leases of land on which there are Territory buildings\n(1) Notwithstanding anything in this Act, the Minister may, without\ninviting applications, by agreement in writing, grant a lease of\nCrown land on which there is a building the property of the\nTerritory.\n(2) A lease may be granted under this section for business or\nresidential purposes or for both business and residential purposes.\n(3) A lease may be granted under this section on a weekly, fortnightly,\nmonthly or quarterly tenancy.\n(4) A lease under this section:\n(a) shall contain the prescribed reservations, conditions and\nprovisions and such additional reservations, conditions and\nprovisions as the Minister thinks fit and specifies in the\nagreement; and\n(b) shall take effect according to its tenor.\n(5) This Act, other than this section, does not apply to or in relation to a\nlease granted under this section, but the law that would apply to\nand in relation to a lease of land held for an estate in fee simple\nshall apply to and in relation to a lease granted under this section\nas if the land leased were held by the Minister for an estate in fee\nsimple.\n(6) The Land Title Act 2000 does not apply to leases granted under this\nsection.\n(7) Where:\n(a) there is on Crown land a building the property of the Territory;\nand\n(b) a person is in occupation of that Crown land after having\nacknowledged in writing that he or she will occupy the Crown\nland as a tenant of the Territory from week to week, from\nfortnight to fortnight, from month to month or from quarter to\nquarter,\nthat Crown land shall be deemed to be leased to the person under\nthis section and the document containing the acknowledgement\nshall operate and have effect according to its tenor as if it were the\ngrant of a lease of that Crown land under subsection (1).\n\nCrown Lands Act 1992 5\n","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Administration","content":"Part 2 Administration\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Power to enter on lands","content":"6 Power to enter on lands\nThe Minister or a person authorised in writing by the Minister may,\nat any time, enter on any Crown lands including reserved lands for\nthe purpose of giving effect to this Act.\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Delegation","content":"7 Delegation\n(1) The Minister may, by instrument in writing, delegate to a person any\nof the Minister's powers and functions under this Act, other than this\npower of delegation.\n(2) A power or function delegated under this section, when exercised\nor performed by the delegate, shall, for the purposes of this Act, be\ndeemed to have been exercised or performed by the Minister.\n(3) A delegation under this section does not prevent the exercise of a\npower or the performance of a function by the Minister.\n8 Fees\n(1) The Minister may, by notice in the Gazette, prescribe the fees to be\ncharged in connection with matters under this Act.\n(2) The Minister may, if the Minister considers it appropriate, do any of\nthe following in relation to a fee prescribed under subsection (1):\n(a) exempt a person from payment of the fee;\n(b) waive (wholly or partly) payment of the fee;\n(c) refund (wholly or partly) the fee.\n","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Power to alienate land","content":"9 Power to alienate land\n(1) Subject to this Act, the Minister may, in the name of the Territory by\ninstrument in the appropriate form under the Land Title Act 2000,\ngrant an estate in fee simple in or a lease of Crown land.\n(2) A power to grant under subsection (1) an estate in fee simple\nincludes a power to grant an estate in fee simple to the Territory\nand, subject to section 11, an estate in fee simple so granted or\notherwise obtained by the Territory shall not merge with the radical\n\nCrown Lands Act 1992 6\ntitle to the land.\n(3) A reference in this Act to the grant of an estate in fee simple in land\nshall include, where the Territory is the registered proprietor of an\nestate in fee simple in land, a reference to the transferring of the\nestate in fee simple in that land under the Land Title Act 2000.\n","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Agreement to grant estate in fee simple or lease of Crown land","content":"10 Agreement to grant estate in fee simple or lease of Crown land\n(1) If a person has a right to be granted:\n(a) an estate in fee simple in Crown land; or\n(b) a lease of Crown land,\nthe Minister may, by instrument in the appropriate form, lodge with\nthe Registrar-General details of the means by which the right arose,\nthe nature of the interest to be granted and the particulars of the\nland.\n(2) On the lodgement of the details referred to in subsection (1), the\nRegistrar-General must create an entry in the land register in\nrelation to the land and record the particulars in accordance with\nthe Land Title Act 2000.\n(3) Despite that a lease of Crown land has not been signed by the\nlessee or the lessor, the recording of the particulars in the land\nregister takes effect as a lease.\n","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Certain land to revert","content":"11 Certain land to revert\n(1) Where the Territory is the owner of land in which no person other\nthan the Crown has a registered interest, the Minister may, by\ninstrument in the appropriate form, direct the Registrar-General to\ncancel the entry in the land register in respect of the land and the\nRegistrar shall comply with the direction.\n(2) Where an entry in the land register is cancelled in accordance with\nsubsection (1), the land to which it relates is, on that cancellation,\nunalienated Crown land.\n","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Methods of disposal of Crown lands","content":"12 Methods of disposal of Crown lands\n(1) In this section Crown land does not include land held for an estate\nin fee simple that is registered under the Land Title Act 2000 in the\nname of the Territory.\n\nCrown Lands Act 1992 7\n(2) Subject to this Act, the Minister shall not grant an estate in fee\nsimple in, or a lease of, Crown land unless the Minister has first:\n(a) invited applications for that estate in, or lease of, the land; or\n(b) offered the estate in, or lease of, the land for sale by auction,\ntender or ballot.\n(3) Notwithstanding subsection (4), where the Minister, by instrument in\nwriting, so determines, the Minister may grant an estate in fee\nsimple in, or a lease of, Crown land without complying with\nsubsection (2) in relation to the land.\n(4) The Minister may grant an estate in fee simple in, or a lease of,\nland without complying with subsection (2) where the Minister does\nso:\n(a) in pursuance of a provision of a lease to which the land is\nsubject; or\n(b) for the purpose only of exercising a power to add an area of\nadjoining or nearby land to an area of land that is the subject\nof an existing estate in fee simple or lease.\n(5) Notwithstanding subsection (4), the Minister may grant a lease of\nland without complying with subsection (2) where the Minister does\nso for the purpose only of consolidating existing leases or of\nsubdividing or renewing an existing lease.\n(6) The Minister shall cause notice of each determination made for the\npurposes of subsection (3) to be published in the Gazette within\n60 days after the date on which the determination was made.\n(7) Without limiting the generality of subsection (2) or (3):\n(a) a ballot conducted for the purposes of subsection (2) may be a\nballot to determine eligibility:\n(i) to bid at an auction; or\n(ii) to tender; or\n(b) a ballot may be conducted for the purposes of determining the\nright of a person to purchase land or an interest in land at a\nfixed price.\n\nCrown Lands Act 1992 8\n","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Notice of lands available, &c.","content":"13 Notice of lands available, &c.\n(1) Where the Minister proposes:\n(a) to invite applications for a lease or for the grant of an estate in\nfee simple; or\n(b) to sell an estate in fee simple in or a lease of Crown land by\nauction, ballot or tender,\nhe or she shall give notice in the Gazette of:\n(c) in the case of an inviting of applications – the closing date for\nreceipt of applications and the place where applications must\nbe lodged;\n(d) in the case of a sale by auction or ballot – the date, time and\nplace at which the auction or ballot will be conducted;\n(e) in the case of a sale by tender – the closing date for the\nsubmission of tenders, and the place where they must be\nsubmitted;\n(f) a general description of the lands and the nature of the\ninterests that will be sold; and\n(g) the place at which a member of the public may obtain details\nof the lands and the interests that will be sold.\n(2) A notice referred to in subsection (1) shall be published in the\nGazette not earlier than 3 months or later than 28 days before the\napplications are to close or the sale is to take place.\n(3) Where the Minister proposes to include in a lease a provision by\nvirtue of which the lessee may acquire or claim a right to an estate\nin fee simple or another lease, the description, referred to in\nsubsection (1)(f), of the nature of the interests that will be sold shall\ninclude a reference to that right.\n(4) Where a notice referred to in subsection (1) relating to the sale of\nland by tender specifies a date as the closing date for the\nsubmission of tenders, the Minister may before that closing date, by\nnotice in the Gazette, specify a later date as the closing date for the\nsubmission of those tenders and that later date so specified shall\nbe the closing date accordingly.\n(5) The Minister may include in a proposal for the sale by tender of an\nestate in fee simple in or a lease of Crown land an invitation for\ntenderers to submit proposals to the Minister in relation to the use\nof the land, the terms and conditions to which the sale should be\n\nCrown Lands Act 1992 9\nsubject and the covenants, if any, that should apply.\n(6) A tender for the purchase of an estate in fee simple in or a lease of\nCrown land may indicate the date until which the offer to purchase\nremains open but, notwithstanding that such a date is indicated, the\noffer may be withdrawn at any time before it is accepted.\n(7) Where the Minister proposes to sell an estate in fee simple in or a\nlease of Crown land by tender, the Minister may, before accepting\nan offer by tender, negotiate with a tenderer the terms and\nconditions to which the sale will be subject and the covenants, if\nany, that will apply.\n(8) The Minister is not bound to accept the highest, or any, tender for\nthe purchase of an estate in fee simple in or a lease of Crown land\noffered for sale in pursuance of this section.\n(9) The Minister may withdraw land from sale at any time before a\nperson obtains, or obtains a right to, an estate in fee simple in or a\nlease of that land, notwithstanding that the Minister has given notice\nunder subsection (1) in relation to the land.\n","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Procedures at auctions, &c.","content":"14 Procedures at auctions, &c.\n(1) The Minister shall determine:\n(a) the procedures to be followed in conducting an auction or\nballot or in calling for tenders in relation to the sale of an\ninterest in Crown land; and\n(b) the persons who will be eligible to bid at such an auction, to\nparticipate in such a ballot or to submit tenders for such a\npurpose.\n(2) For the purposes of subsection (1)(b), the Minister may:\n(a) compile waiting lists of persons who want land; and\n(b) determine factors to be considered in determining a person's\nposition on such a waiting list and the weight to be given to\neach of those factors.\n(3) The conduct of an auction or ballot in relation to the sale of an\ninterest in Crown land shall be open to the public.\n\nCrown Lands Act 1992 10\n","sortOrder":14},{"sectionNumber":"15","sectionType":"section","heading":"Applications for leases or freehold","content":"15 Applications for leases or freehold\nWhere the Minister invites applications for a lease or an estate in\nfee simple:\n(a) an application:\n(i) shall be in a form approved by the Minister; and\n(ii) shall be accompanied by a deposit of such amount as\nthe Minister, in the notice under section 13 in relation to\nthe estate in fee simple or lease, specifies;\n(b) notice of the names of the successful applicants together with\nparticulars of the lands to be granted or leased to them and\nthe rentals and such other particulars, if any, as the Minister\nthinks necessary shall be published in the Gazette and in a\nnewspaper circulating in the area in which the land is situated;\nand\n(c) all moneys deposited by an unsuccessful applicant shall be\nrepaid to the applicant within 21 days after the application is\nrejected.\n","sortOrder":15},{"sectionNumber":"16","sectionType":"section","heading":"Purchase price","content":"16 Purchase price\n(1) The Minister may determine that a purchase price is payable in\nrespect of an estate in fee simple or a lease, with or without\nimprovements, and, where the Minister does so, the Minister shall\nfix the purchase price or the reserve price, or determine the manner\nin which the purchase price shall be fixed, and may determine the\namount or the percentage of the purchase price or reserve price\nthat shall be paid by a successful purchaser on entering into a\ncontract for the purchase of the estate in fee simple or the lease.\n(2) For the purposes of subsection (1), the Minister may require the\nValuer-General to make a valuation of an area of land or of a\nproposed lease.\n","sortOrder":16},{"sectionNumber":"17","sectionType":"section","heading":"Payment of deposit","content":"17 Payment of deposit\nWhere the Minister has determined under section 16 that a deposit\nis payable in respect of the grant of an estate in fee simple or a\nlease, a person shall, on entering into a contract for the purchase of\nthe land or the lease, as the case may be, pay the deposit to the\nTerritory and, if the person does not complete the purchase as\nrequired by the contract, the deposit shall be forfeited to the\nTerritory.\n\nCrown Lands Act 1992 11\n","sortOrder":17},{"sectionNumber":"18","sectionType":"section","heading":"Costs of survey, &c.","content":"18 Costs of survey, &c.\nThe Minister may determine that the person to whom an estate in\nfee simple or a lease is granted shall pay an amount towards the\ncosts of:\n(a) surveying the land the subject of the grant; and\n(b) preparation and registration of the grant,\nand, where the Minister does so, the Minister may fix that amount\nor determine the manner in which the amount shall be fixed.\n","sortOrder":18},{"sectionNumber":"19","sectionType":"section","heading":"Reservations and restrictive covenants","content":"19 Reservations and restrictive covenants\n(1) The power of the Minister to grant an estate in fee simple includes\npower to grant it subject to such reservations (including the\nreservation of easements), covenants and covenants in gross, if\nany, as the Minister thinks fit.\n(2) At any time while the Territory is the registered proprietor of an\nestate in fee simple in land, the Minister may, by instrument lodged\nwith the Registrar-General, declare that the land is or shall cease to\nbe subject to a reservation, easement, covenant or covenant in\ngross and, on the instrument being so lodged, the land shall be or\ncease to be, as the case may be, subject accordingly.\n(3) A reservation, covenant or covenant in gross in favour of the Crown\nor the Territory is not and does not become ineffective by reason\nonly that the Territory is or becomes the registered proprietor of the\nland that is the subject of the reservation, easement or covenant.\n","sortOrder":19},{"sectionNumber":"20","sectionType":"section","heading":"Reservations relating to Aboriginal community living areas","content":"20 Reservations relating to Aboriginal community living areas\n(1) There is reserved to the Territory in every grant effected by\nsection 46(1A) of the Lands Acquisition Act 1978 of an estate in fee\nsimple to an association for the purposes of an Aboriginal\ncommunity living area such interests (including the reservation of\neasements and easements in gross) as are reasonably necessary\nfor the provision of essential services and facilities, being power\n(including gas), water, sewerage, road or communication services\nand facilities, to or across the land comprising the grant or access\nto any of them.\n(2) There is reserved to the Territory in every grant referred to in\nsubsection (1) such interests (including the reservation of\neasements and easements in gross) as are necessary to provide\n\nCrown Lands Act 1992 12\nsuch services (including the provision of health, education and\npolice services) as are agreed on between the association to which\nthe grant is made, at any time after it is made, and the Minister.\n","sortOrder":20},{"sectionNumber":"21","sectionType":"section","heading":"Reservation of minerals","content":"21 Reservation of minerals\n(1) An estate in fee simple, however acquired, is subject to a\nreservation to the Crown of all minerals, mineral substances and\nores in or on the land including gems, stones, sands, valuable\nearths and fossil fuels, together with the right to authorise any\nperson to enter upon the land to explore for and to mine or\notherwise recover and remove them and to do all things necessary\nor convenient for those purposes.\n(2) The entry in the land register and the certificate as to title in relation\nto an estate in fee simple, however acquired, shall be construed as\ncontaining the reservation referred to in subsection (1).\n","sortOrder":21},{"sectionNumber":"22","sectionType":"section","heading":"Water rights","content":"22 Water rights\nThe ownership of an estate in fee simple, whether acquired under\nthis or any other Act, does not of itself confer on the owner any\nproperty in, or the right to the use or flow or to the control of, the\nwater at any time in a lake, spring or watercourse on, in or under\nthe land comprised in the estate or contained by, or forming part of,\nthe boundaries of the land.\n","sortOrder":22},{"sectionNumber":"23","sectionType":"section","heading":"Maximum size of freehold grant","content":"23 Maximum size of freehold grant\nThe Minister shall not grant an estate in fee simple in an area of\nland greater than 150 square kilometres.\n","sortOrder":23},{"sectionNumber":"24","sectionType":"section","heading":"Development agreements","content":"24 Development agreements\n(1) The power of the Minister to sell land includes power to enter into\nan agreement relating to the development of the land or of land that\nincludes that land.\n(2) An agreement entered into under subsection (1) shall include a\nprovision that the party undertaking the development shall lodge\nwith the Minister a bond, in a form and in an amount satisfactory to\nthe Minister, as security that he or she will complete the\ndevelopment.\n(3) Where the Minister enters into an agreement under subsection (1),\nthe Minister may thereupon:\n(a) grant the estate in fee simple in the land; or\n\nCrown Lands Act 1992 13\n(b) grant permission to go onto the land and carry out the\ndevelopment, and bind himself or herself to grant the estate in\nfee simple on completion of the development, or progressively\non completion of the various stages of development, or\notherwise, including the grant, at the direction of the\ndeveloper, to a person or persons other than the developer.\n(4) Where the Minister enters into an agreement under subsection (1)\nbinding the proprietor of an estate in fee simple in land to subdivide\nthe land, the land that is so required to be subdivided is, while it is\nnot so subdivided, exempt from payment of rates under the Local\nGovernment Act 2019.\n","sortOrder":24},{"sectionNumber":"25","sectionType":"section","heading":"Grant before payment","content":"25 Grant before payment\nWhere the Minister grants an estate in fee simple to a person who\nis required to pay, but has not paid in full, in relation to the grant a\npurchase price or an amount under section 18, the Minister shall\nsecure the outstanding balance, together with interest at such rate\nas is agreed between the parties, owing by mortgage.\n","sortOrder":25},{"sectionNumber":"26","sectionType":"section","heading":"Classes of Crown leases","content":"26 Classes of Crown leases\nSubject to this Act, a Crown lease that is granted under this Act\nshall be:\n(a) a lease for a term of years; or\n(b) a lease in perpetuity (being a lease that continues indefinitely).\n","sortOrder":26},{"sectionNumber":"27","sectionType":"section","heading":"General conditions of leases","content":"27 General conditions of leases\nSubject to section 28, leases under this Act (other than leases\nunder section 5) shall contain reservations, conditions and\nprovisions as follows:\n(a) a reservation of a right of entry and inspection;\n(b) a reservation of all minerals, mineral substances and ores in\nor on the land, including gems, stones, sands, valuable earths\nand fossil fuels;\n(c) a reservation of a power of resumption;\n(d) a covenant to pay the rent annually in advance;\n(e) a covenant by the lessee that the lessee will, subject to this\nAct, use the land only for the purposes for which it is leased;\n\nCrown Lands Act 1992 14\n(f) a provision that the lessee, having paid all rent due by the\nlessee at any time, in the manner prescribed, surrender the\nlease;\n(g) a provision that the lease shall be liable to forfeiture if the rent\nis unpaid for 6 months or more;\n(h) a provision that the lease shall, subject to this Act, be liable to\nforfeiture for non-compliance on the part of the lessee with a\ncondition of the lease; and\n(j) any other reservations, conditions and provisions which are\nprescribed, or which are considered by the Minister to be\nnecessary under the circumstances.\n","sortOrder":27},{"sectionNumber":"28","sectionType":"section","heading":"Fixing of rent","content":"28 Fixing of rent\n(1) The Minister may determine that rent is not payable in respect of a\n(2) Subject to this Act the Minister shall, before any land is offered for\nleasing, unless rent is not payable in respect of the lease, fix the\nrent payable in respect of the first period of the lease.\n(3) Where rent is payable in respect of a lease, the rent is subject to\nre-appraisement in accordance with this Act.\n","sortOrder":28},{"sectionNumber":"29","sectionType":"section","heading":"Reduction of rent","content":"29 Reduction of rent\nA lease may contain a provision for or in relation to reduction of\nrent.\n","sortOrder":29},{"sectionNumber":"30","sectionType":"section","heading":"Lease grant charges","content":"30 Lease grant charges\n(1) Subject to subsection (2), the Minister shall not grant a lease to a\nperson until the person has paid in full as lease grant charges:\n(a) if a purchase price is payable in respect of the lease – the\npurchase price;\n(b) if an amount is payable under section 18 in respect of the\nlease – that amount; and\n(c) if rent is payable in respect of the lease – the first year's rent.\n(2) The Minister may grant a lease to a person who is required to pay,\nbut has not paid in full, in relation to the lease a purchase price or\nan amount under section 18 but, where the Minister does so, he or\nshe shall secure the outstanding balance owing, together with\ninterest at such rate as is agreed between the parties, by lease\n\nCrown Lands Act 1992 15\ncovenant or by mortgage.\n","sortOrder":30},{"sectionNumber":"31","sectionType":"section","heading":"Exemption from rates","content":"31 Exemption from rates\nWhere, in pursuance of a covenant contained in a lease, the lessee\nis required to subdivide land that is the subject of a lease, the land\nis, while it is not so subdivided, exempt from payment of rates\nunder the Local Government Act 2019.\n","sortOrder":31},{"sectionNumber":"32","sectionType":"section","heading":"Failure to accept offer of lease","content":"32 Failure to accept offer of lease\n(1) Where a person is offered a lease and he or she fails, within such\ntime as the Minister allows, to accept the offer or to pay an amount\nthat is due and payable in respect of the lease, the Minister may, by\nnotice in writing to the person, revoke the offer for the lease and\nretain all or such part as the Minister thinks fit of the money that the\nperson has already paid in respect of the lease.\n(2) Where the Minister retains money in respect of a lease in\npursuance of subsection (1) in circumstances where all or part of\nthe money would be payable to an outgoing lessee, the Minister\nmay pay all or part of the money to the outgoing lessee.\n","sortOrder":32},{"sectionNumber":"33","sectionType":"section","heading":"Abandonment of right to lease","content":"33 Abandonment of right to lease\nA person who has a right to be granted a lease may, at any time\nbefore the lease is granted, by notice in writing to the Minister, and\nafter paying all money, if any, due and payable in respect of the\nright, abandon the right.\n","sortOrder":33},{"sectionNumber":"34","sectionType":"section","heading":"Variation of lease provisions","content":"34 Variation of lease provisions\nThe Minister may, in the Minister's discretion, on application in\nwriting by the lessee, vary a reservation in or a condition or\nprovision of a lease.\n","sortOrder":34},{"sectionNumber":"35","sectionType":"section","heading":"Minister may grant a moratorium","content":"35 Minister may grant a moratorium\nThe power to vary a provision of a lease includes power to vary a\nprovision for the purpose of allowing a moratorium.\n","sortOrder":35},{"sectionNumber":"36","sectionType":"section","heading":"Noting variation of lease","content":"36 Noting variation of lease\n(1) A variation of a reservation in or a term, condition or provision of a\nlease (including a variation referred to in section 56) does not have\neffect until notice in writing of the variation, in a form approved and\nsigned by the Minister, is lodged with the Registrar-General.\n(2) On receipt of a notice referred to in subsection (1), the Registrar-\nGeneral shall record the details in the land register.\n\nCrown Lands Act 1992 16\n","sortOrder":36},{"sectionNumber":"37","sectionType":"section","heading":"Reservations in leases","content":"37 Reservations in leases\n(1) In a lease under this Act:\n(a) a reservation of a right of entry and inspection shall be read as\na reservation of a right in favour of the Minister, or a person\nauthorised in writing by the Minister, at all reasonable times\nand in a reasonable manner, to enter on the leased land or a\npart of it and to inspect the leased lands and any\nimprovements, stock, and crops on it;\n(b) a reservation of minerals shall be read as a reservation to the\nCrown of all minerals and extractive minerals within the\nmeaning of the Mineral Titles Act 2010, and all petroleum,\nwithin the meaning of the Petroleum Act 1984, together with\nthe right to authorise a person to enter on the land to mine,\nwork for, win, recover and remove them or any of them, and to\ndo all things necessary or convenient for those purposes;\n(c) a reservation of a power of resumption shall be read as a\npower to resume the land in accordance with this Act; and\n(d) a reservation of all timber shall be read as including all timber\ntrees and all trees producing bark, resin or valuable\nsubstances together with the right to authorise a person to\nenter on the land and to cut or fell any timber or timber trees\nor trees producing bark, resin, or valuable substances, and to\ntake away any timber, wood, bark, resin, or any such valuable\nsubstances and to do all things necessary or convenient for\nthose purposes.\n(2) In a lease under this Act, a reservation in favour of the Aboriginal\ninhabitants of the Territory shall be read as a reservation permitting\nthose Aboriginals:\n(a) who ordinarily reside on; or\n(b) who, by Aboriginal tradition, are entitled to use or occupy,\nthe leased land:\n(c) to enter and be on the leased land;\n(d) notwithstanding any other law of the Territory, to take and use\nthe water from the natural waters and springs on the leased\nland; and\n\nCrown Lands Act 1992 17\n(e) subject to any other law in force in the Territory:\n(i) to take or kill for food or for ceremonial purposes animals\nferae naturae; and\n(ii) to take for food or for ceremonial purposes vegetable\nmatter growing naturally,\non the leased land,\nbut not permitting:\n(f) the Aboriginals referred to in paragraph (a) to erect or use a\nstructure on the leased land that would serve as a permanent\nshelter for human occupation, other than at the place on the\nleased land where they ordinarily reside; or\n(g) the Aboriginals referred to in paragraph (b) to erect or use\nsuch a structure on the leased land.\n(3) Where a lease under this Act contains a reservation in favour of the\nAboriginal inhabitants of the Territory a person shall not, without\njust cause, interfere with the full and free exercise, by the persons\nthereby entitled, of the rights reserved to them.\nMaximum penalty: 40 penalty units.\n(4) For the purposes of subsection (3) just cause includes reasonable\nacts taken by or on behalf of a lessee or another person having an\ninterest in a lease to ensure the proper management of the lease\nfor the purposes for which it was granted.\n","sortOrder":37},{"sectionNumber":"38","sectionType":"section","heading":"Breach of conditions","content":"38 Breach of conditions\n(1) If the Minister is satisfied that a lessee has failed to comply with a\ncondition of a lease, the Minister may give written notice of the\nbreach to the lessee and require the lessee to furnish to the\nMinister, within the time specified in the notice, an explanation of\nwhy the lessee has not complied with the condition.\n(2) If the Minister, after considering an explanation furnished as\nrequired under subsection (1), is satisfied with the explanation, the\nMinister may waive the breach and may direct that the condition be\ncomplied with within such time as the Minister specifies in writing to\nthe lessee.\n(3) If:\n(a) an explanation is not furnished as required under\nsubsection (1);\n\nCrown Lands Act 1992 18\n(b) the Minister is not satisfied with the explanation furnished; or\n(c) the lessee fails to comply with the condition within the time\nspecified under subsection (2),\nthe Minister may, in the Minister's discretion:\n(d) by notice in writing to the lessee, direct that the condition be\ncomplied with within such time as the Minister specifies in the\nnotice; or\n(e) if the Minister is satisfied that the non-compliance has been\nwilful and that the lessee has made no real effort to comply\nwith the conditions, by notice in writing to the lessee, forfeit the\n(4) If a lessee fails to comply with a notice under subsection (3)(d)\nwithin the time specified in the notice, the Minister shall forfeit the\n","sortOrder":38},{"sectionNumber":"39","sectionType":"section","heading":"Forfeiture of mortgaged lease","content":"39 Forfeiture of mortgaged lease\n(1) Where a lease is subject to a mortgage given for valuable\nconsideration and registered under the Land Title Act 2000, the\nMinister shall not cause notice of the forfeiture of the lease to be\npublished in the Gazette in pursuance of section 87(1) until after the\nexpiration of a period of 28 days after the Minister has caused\nnotice of his or her intention to do so to be given to the mortgagee.\n(2) The Minister shall cause a copy of the notice under subsection (1)\nto be given to the lessee, and thereafter the lessee ceases, except\nwith the consent in writing of the Minister, to be entitled to exercise\nany of the rights or powers conferred by the lease.\n(3) If, during the period of 28 days after receipt of a notice under\nsubsection (1), or within such further time as the Minister allows, a\nmortgagee advises the Minister that the mortgagee wishes to\nexercise the mortgagee's power of sale, the Minister shall allow him\nor her after 6 months or such further time as, in the opinion of the\nMinister, is reasonable to exercise it.\n(4) Where the Minister allows a mortgagee time to exercise a power of\nsale, the Minister shall advise the mortgagee of the extent to which\nhe or she is prepared to vary the requirements of the lease relating\nto development work, improvements and stocking and, where the\nMinister does so, he or she shall, if the lease is transferred following\na sale, so vary those requirements.\n\nCrown Lands Act 1992 19\n(5) Where a mortgagee exercises a power of sale of a lease after\nreceipt of a notice under subsection (1) in relation to the lease:\n(a) the total of all amounts due and payable to the Territory by the\nlessee in relation to the lease up to and including the date of\nthe sale is a debt due and payable to the Territory out of the\nproceeds of the sale, having priority before all debts secured\nby mortgage;\n(b) the balance of the proceeds of the sale after payment of all\ndebts and expenses payable out of those proceeds, being the\namount that would otherwise be payable to the lessee, is a\ndebt due and payable to the Territory and is not payable to the\nlessee; and\n(c) on the transfer of the lease following the sale, the transferee\nholds the lease, as varied in pursuance of subsection (4), as\nthough the action leading up to the forfeiture of the lease had\nnot been commenced.\n","sortOrder":39},{"sectionNumber":"40","sectionType":"section","heading":"Postponement of rent","content":"40 Postponement of rent\nThe Minister may, on the application of the lessee, if the Minister\nthinks fit, postpone the payment of the rent under a lease under this\nAct for such period, and on such terms, as are prescribed or as the\nMinister thinks fit.\n","sortOrder":40},{"sectionNumber":"41","sectionType":"section","heading":"Release of lessees in case of hardship","content":"41 Release of lessees in case of hardship\nWhere it is shown to the satisfaction of the Minister that the\npayment of the full amount of rent under a lease under this Act will\nentail serious hardship on the lessee, the Minister may remit the\nwhole or a portion of such rent for such period and on such terms,\nas are prescribed or as the Minister thinks fit.\n","sortOrder":41},{"sectionNumber":"41A","sectionType":"section","heading":"Refund of rent","content":"41A Refund of rent\nThe Minister may, if the Minister considers it appropriate, refund the\nwhole or a portion of the rent under a lease under this Act.\n","sortOrder":42},{"sectionNumber":"42","sectionType":"section","heading":"Subdivision of lease, &c.","content":"42 Subdivision of lease, &c.\n(1) A lessee may apply to the Minister for approval to subdivide the\nland included in his or her lease.\n(2) An application under subsection (1):\n(a) shall be in writing; and\n\nCrown Lands Act 1992 20\n(b) shall be accompanied by a plan showing the manner in which\nit is proposed to subdivide the land.\n(3) The Minister may:\n(a) approve the application; or\n(b) refuse the application.\n(4) The Minister shall notify the lessee of the Minister's decision in\nwriting and, if the Minister has approved the application, the\nMinister shall specify in the notification:\n(a) the reservations, conditions and provisions to be included in\neach lease of the land if it is subdivided; and\n(b) in respect of each of the portions into which the land is to be\nsubdivided:\n(i) the purchase price, if any, for the lease of the portion;\nand\n(ii) the lease grant charges, if any, for a lease of the portion.\n(5) The lessee may:\n(a) if he or she has paid all rent due under the lease;\n(b) if he or she accepts the reservations, conditions and\nprovisions specified by the Minister; and\n(c) if he or she has paid the purchase prices, lease grant charges,\nfees and deposits specified in the notification,\nsurrender the lease and shall be granted a new lease for each of\nthe subdivided portions of the land.\n(6) A surrender of a lease:\n(a) shall be made within 90 days after the date of the notification\nof the approval of the subdivision; and\n(b) shall have effect from the date of commencement of the new\nleases.\n(7) A new lease granted under this section:\n(a) shall preserve the lessee's rights, if any, in respect of\nimprovements on any land included in the new lease; and\n\nCrown Lands Act 1992 21\n(b) shall, in addition to the matters provided for elsewhere in this\nAct, contain the reservations, conditions and provisions which\nare specified in the notification under subsection (4).\n(8) This section applies subject to section 44.\n","sortOrder":43},{"sectionNumber":"43","sectionType":"section","heading":"Surrender of leases and grant of consolidated lease","content":"43 Surrender of leases and grant of consolidated lease\n(1) Where a person is the lessee of land under a lease under this Act\nand is also the lessee, under another lease or other leases of the\nsame kind as the first mentioned lease, of land which adjoins the\nfirst mentioned land, the person may apply to the Minister for the\ngrant to the person of a new lease of all the land included in the first\nmentioned lease and of all the land included in the other lease or\nany of those other leases.\n(2) An application under subsection (1):\n(a) shall be in writing; and\n(b) shall be accompanied by a plan showing the land which it is\ndesired to have included in the new lease.\n(3) The Minister may:\n(a) approve the application; or\n(b) refuse the application.\n(4) The Minister shall not approve an application under this section\nwhere the leases to be surrendered are for different purposes.\n(5) The Minister shall notify the person of the Minister's decision in\nwriting and, if the Minister has approved the application, the\nMinister shall specify in the notification:\n(a) the reservations, conditions and provisions that the new lease\nshall contain; and\n(b) the purchase price, if any, for the new lease and the lease\ngrant charges, if any, for the new lease.\n(6) The person may:\n(a) if he or she has paid all rent due under each of the leases of\nthe respective lands that are to be included in the new lease;\n(b) if he or she accepts the reservations, conditions and\nprovisions specified in the notification; and\n\nCrown Lands Act 1992 22\n(c) if he or she has paid the purchase price, lease grant charges,\nfees and deposits specified in the notification,\nsurrender each of the leases, and shall be granted a new lease for\nall the lands included in the leases so surrendered.\n(7) A surrender of a lease:\n(a) shall be made within 90 days after the date of the notification\nof the approval of the application; and\n(b) shall have effect from the date of commencement of the new\n(8) A new lease granted under this section:\n(a) shall be of the same kind of lease as the surrendered leases;\n(b) shall preserve the lessee's rights, if any, in respect of\nimprovements on any land included in the new lease;\n(c) shall be for a period which will expire on the earliest date on\nwhich any of the surrendered leases would have expired; and\n(d) shall, in addition to the matters provided for elsewhere in this\nAct, contain the reservations, conditions and provisions\nspecified in the notification of the approval of the application.\n","sortOrder":44},{"sectionNumber":"44","sectionType":"section","heading":"Subdivision applications where Planning Act 1999 applies","content":"44 Subdivision applications where Planning Act 1999 applies\n(1) This section applies to and in respect of land to which Part 5 of the\nPlanning Act 1999 applies.\n(2) In this section, subdivision means subdivision within the meaning\nof the Planning Act 1999.\n(3) A lessee may apply to the Minister for issue of estates in fee simple\nor new leases in respect of each lot created in a subdivision of the\nland.\n(4) The Minister shall, on receiving an application under subsection (3),\nby notice in writing, advise the lessee of:\n(a) the reservations, conditions and provisions to be included in\nthe leases, if any, of the lots created by the subdivision; and\n(b) in respect of each of the lots so created:\n(i) the purchase price, if any, for the estate in fee simple or\nthe lease of the lot; and\n\nCrown Lands Act 1992 23\n(ii) the lease grant charges, if any, for a lease of the lot.\n(5) Section 42(5), (6) and (7) apply to an application under\nsubsection (3) in relation to the subdivision of land (other than town\nlands).\n(6) For the purposes of subsection (5), a reference in:\n(a) section 42(5)(c) to the notification;\n(b) section 42(6)(a) to the approval of the subdivision; and\n(c) section 42(7)(b) to the notification under subsection (4),\nshall be read as a reference to a notice under subsection (4).\n(7) Section 43(6), (7) and (8) apply to an application under\nsubsection (3) in relation to the subdivision of land by the grant of a\nconsolidated lease.\n(8) For the purposes of subsection (7), a reference in section 43(6), (7)\nand (8) to the notification and the notification of the approval of\nthe application shall be read as a reference to a notice under\nsubsection (4).\n(9) The Minister shall not grant an estate in fee simple or a new lease\nunder this section in respect of a lot created by a subdivision unless\nthe Minister is satisfied that:\n(a) any conditions to which a grant of the subdivision consent\nunder Part 7 of the Planning Act 1999 was subject have been\ncomplied with; and\n(b) a plan of the subdivision has been deposited in the office of\nthe Surveyor-General in accordance with that Part.\n","sortOrder":45},{"sectionNumber":"45","sectionType":"section","heading":"Surrender of land for reservation as a sanctuary","content":"45 Surrender of land for reservation as a sanctuary\n(1) A lessee under a lease granted under this Act may offer to\nsurrender the lease, or a part of the land included in the lease, in\norder that the land the subject of the offer may be declared to be a\nsanctuary under the Territory Parks and Wildlife Conservation\nAct 1996.\n(2) An offer to surrender made under subsection (1) shall be referred to\nthe Minister, who may accept or reject it.\n\nCrown Lands Act 1992 24\n(3) Notwithstanding any other law of the Territory, a surrender offered\nand accepted under this section shall:\n(a) be effective from the date of the acceptance of the surrender\nby the Minister; and\n(b) not confer a right to compensation on the lessee who has\nsurrendered the land.\n(4) Where the Minister accepts an offer to surrender made under this\nsection, the Minister responsible for the administration of the\nTerritory Parks and Wildlife Conservation Act 1996 shall declare the\nland in respect of which the surrender is accepted to be a sanctuary\nunder that Act.\n","sortOrder":46},{"sectionNumber":"46","sectionType":"section","heading":"Transfer etc. of lease","content":"46 Transfer etc. of lease\n(1) Except as provided by this Act, the lessee under a lease under this\nAct shall not, without the consent of the Minister:\n(a) transfer or mortgage the lease;\n(b) sub-let or otherwise part with the possession of the land or\npart of the land the subject of the lease;\n(c) create an easement or easement in gross or a covenant or\ncovenant in gross; or\n(d) agree to the creation of an easement or easement in gross or\na covenant or covenant in gross that authorises or restricts the\nuse of land the subject of the lease.\n","sortOrder":47},{"sectionNumber":"47","sectionType":"section","heading":"Consent to transfer etc. of leases","content":"47 Consent to transfer etc. of leases\n(1) An application for consent:\n(a) to transfer or mortgage a lease granted under this Act; or\n(b) to create an interest of a type referred to in section 46 in the\nland included in a lease granted under this Act,\nis to be made in writing to the Minister.\n(2) The Minister may grant or refuse consent to an application made\nunder subsection (1).\n","sortOrder":48},{"sectionNumber":"48","sectionType":"section","heading":"Consent not to be given in certain cases","content":"48 Consent not to be given in certain cases\nNotwithstanding anything contained in sections 46 and 47, the\nMinister shall not consent to the transfer of a lease until all\ninstalments of the purchase price of the lease have been paid.\n\nCrown Lands Act 1992 25\n","sortOrder":49},{"sectionNumber":"49","sectionType":"section","heading":"Improvements on lands to be leased","content":"49 Improvements on lands to be leased\n(1) Where land which is available for leasing has on it improvements\nbelonging to the Crown, the Minister may determine:\n(a) that the value of the improvements be taken into consideration\nin fixing the rent to be reserved under the lease; or\n(b) that a lease of the land shall not be granted unless the\nproposed lessee agrees to make payment in respect of the\nvalue of the improvements.\n(2) The value of the improvements on land available for leasing for the\npurposes of this section shall be such amount as is determined by\nthe Minister.\n(3) The amount so determined by the Minister as the value of the\nimprovements shall:\n(a) be specified as the purchase price of the improvements in the\nnotice in relation to the land given under section 13(1); and\n(b) be specified in the lease offered to the proposed lessee.\n(4) Where the value of the improvements is taken into consideration in\nfixing the rent to be reserved under the lease, the lease shall\ncontain a recital to that effect and a covenant by the lessee to\nmaintain the improvements in good and tenantable repair.\n(5) Where a proposed lessee agrees to make payment in respect of\nthe value of the improvements on land to be leased to him, the\nMinister may permit the payment to be made by instalments, and, in\nthat event, the lease shall, in addition to the matters provided for\nelsewhere in this Act:\n(a) specify the amount of each instalment;\n(b) specify the respective dates on which each instalment shall be\npayable;\n(c) contain a covenant by the lessee to pay the value of the\nimprovements by the instalments specified in the lease, and a\nprovision that in the event of the surrender of the lease or of\nthe forfeiture of the lease for the lessee's failure to pay the\ninstalments or any amount due for interest or additional\ninterest, the balance of the value of the improvements unpaid\nat the date of the surrender or forfeiture of the lease is an\namount owing under the lease;\n\nCrown Lands Act 1992 26\n(d) contain a provision that the lessee shall, with each instalment,\npay interest on the unpaid balance at such rate as the Minister\nfrom time to time determines and notifies in writing to the\nlessee;\n(e) contain a provision that, if the amount of interest or any part of\nthe interest so payable is not paid on or before the date on\nwhich it is payable, the lessee shall pay additional interest at\nsuch rates as the Minister from time to time determines and\nnotifies in writing to the lessee on the amount of the interest\nunpaid;\n(f) contain a covenant by the lessee that the lessee will maintain\nthe improvements in good and tenantable repair until the\npayment has been made in full; and\n(g) contain a covenant that the lessee will keep the improvements\ninsured as prescribed until payment has been made in full.\n(6) An amount payable under the lease that remains unpaid is a debt\ndue by the lessee to the Territory charged on the land.\n(7) Where a lessee fails to pay an amount payable under the lease,\nother than the rent reserved by the lease, for a period exceeding\n28 days after the date on which payment fell due, the Minister may,\nby notice in writing served on the lessee, require the lessee to pay,\nwithin 28 days after the date of the notice, the amount that the\nlessee has failed to pay.\n(8) Where a lessee fails to pay the amount specified in a notice under\nsubsection (7), the Minister may, without prejudice to the Territory's\nright to sue for, and recover, the amount, by notice in writing to the\nlessee, forfeit the lease.\n(9) Where a lease is forfeited in pursuance of subsection (8) and the\nvalue, as determined by the Minister, of the improvements on the\ndate on which the lease is forfeited, exceeds the total of:\n(a) all amounts owing under the forfeited lease; and\n(b) the costs, as determined by the Minister, of and incidental to,\nthe forfeiture of the lease,\nthe person whose lease has been forfeited is entitled to receive\npayment of the amount of the excess.\n(10) An objection may not be made to, and a request may not be made\nto the Minister to refer to the Land and Valuation Review Tribunal\nfor review, a determination of the value of improvements made, for\nthe purposes of this section, by the Minister.\n\nCrown Lands Act 1992 27\n","sortOrder":50},{"sectionNumber":"50","sectionType":"section","heading":"Re-appraisement of rent","content":"50 Re-appraisement of rent\n(1) The rent under a lease that is subject to re-appraisement under this\nAct must be re-appraised in accordance with this section.\n(2) The rent must be re-appraised before the re-appraisement date to\ntake effect on the re-appraisement date.\n(3) The Minister must give the lessee written notice of the re-appraised\nrent at least 6 months before the re-appraisement date.\n(4) The Minister may, at any time before the re-appraisement date,\ndefer the re-appraisement date by giving the lessee written notice\nof the deferred re-appraisement date.\n(5) If the Minister does not give a notice of re-appraisement by the date\nrequired under subsection (3), the re-appraisement date is deferred\nfor 1 year.\n(6) The amount of re-appraised rent is the amount specified in the\nnotice given under subsection (3) or as otherwise determined under\nthis Act.\n(7) The re-appraised rent is payable on and from the re-appraisement\ndate.\n(8) The re-appraisement date for a lease is:\n(a) the date of the fifth anniversary of the commencement date of\nthe lease or the date of any deferral under subsection (4)\nor (5); or\n(b) the date of the fifth anniversary of the date the rent was last\nre-appraised under this Act.\n","sortOrder":51},{"sectionNumber":"51","sectionType":"section","heading":"Re-appraisement of rent based on unimproved value","content":"51 Re-appraisement of rent based on unimproved value\nWhere the rent payable under a lease to which section 50 applies is\nbased on the unimproved value of the leased land, the Minister\nshall require the Valuer-General to re-appraise the unimproved\nvalue of the land.\n","sortOrder":52},{"sectionNumber":"52","sectionType":"section","heading":"To whom lease may be granted","content":"52 To whom lease may be granted\nA lease under this Act may be granted, transferred or assigned to a\ncorporation or a person who has attained the age of 18 years.\n\nCrown Lands Act 1992 28\n","sortOrder":53},{"sectionNumber":"53","sectionType":"section","heading":"Recovery of rent","content":"53 Recovery of rent\nAll money payable to the Territory under this Act or under a lease\ngranted under or continued in effect by this Act shall be recoverable\nby the Minister as a debt due to the Territory.\n","sortOrder":54},{"sectionNumber":"54","sectionType":"section","heading":"Valuation of improvements","content":"54 Valuation of improvements\n(1) Subject to this Act, where, under this Act, a person is entitled to\nreceive payment for or in respect of improvements on land, the\nMinister shall require the Valuer-General to determine the value of\nthe improvements and the value so determined or, if the value is\nvaried under this Act, the value as finally determined under this Act,\nis the value of those improvements for the purposes of ascertaining\nthe amount payable to the person for or in respect of those\nimprovements.\n(2) Where the Valuer-General, under subsection (1), determines the\nvalue of improvements, he or she shall give to the person entitled to\nbe paid notice, in writing, of the value, together with a plan showing\nthe improvements on the land.\n","sortOrder":55},{"sectionNumber":"55","sectionType":"section","heading":"Conversion to freehold, &c.","content":"55 Conversion to freehold, &c.\nA lease may contain a provision relating to the right of the lessee to\nsurrender the lease as to all or part of the land contained in the\nlease in exchange for one or more estates in fee simple or one or\nmore leases, or both.\n","sortOrder":56},{"sectionNumber":"56","sectionType":"section","heading":"Term of lease","content":"56 Term of lease\n(1) Where a lease is for a fixed term, the Minister may, in his or her\ndiscretion, extend the term or renew the lease for such further term\nas the Minister thinks fit.\n(2) An application for renewal of a lease or for extension of the term of\na lease shall be made in writing before the commencement of the\nlast year of the lease or before such later date as the Minister\nallows.\n","sortOrder":57},{"sectionNumber":"57","sectionType":"section","heading":"Leases for subdivisional work","content":"57 Leases for subdivisional work\nThe grant of a lease for the purposes of subdivisional work does not\nabsolve the lessee from a requirement to obtain the consent of a\nconsent authority under the Planning Act 1999 to the subdivision.\n","sortOrder":58},{"sectionNumber":"58","sectionType":"section","heading":"Lessee's rights in improvements","content":"58 Lessee's rights in improvements\nA lease may contain provisions relating to the lessee's rights in\nimprovements.\n\n","sortOrder":59},{"sectionNumber":"Div 4","sectionType":"division","heading":"Easements, easements in gross, covenants and covenants in gross","content":"Division 4 Easements, easements in gross, covenants and covenants in gross\nCrown Lands Act 1992 29\n","sortOrder":60},{"sectionNumber":"59","sectionType":"section","heading":"Valuation of improvements","content":"59 Valuation of improvements\nWhere the Minister and a lessee are unable to agree on the value\nto the Territory of improvements, for the purposes of compensation\nthat should be paid to a lessee for improvements, the Minister shall\nrequire the Valuer-General to determine that value.\nDivision 4 Easements, easements in gross, covenants and\ncovenants in gross\n","sortOrder":61},{"sectionNumber":"60","sectionType":"section","heading":"Definitions","content":"60 Definitions\nIn this Division:\nCrown land includes reserved land.\nCrown lease means a lease granted by the Minister under a law of\nthe Territory relating to the leasing of Crown land and includes a\npastoral lease.\n","sortOrder":62},{"sectionNumber":"61","sectionType":"section","heading":"Power to create easements, easements in gross, covenants","content":"61 Power to create easements, easements in gross, covenants\nand covenants in gross\n(1) The Minister may grant a lease or an estate in fee simple in Crown\nland subject to:\n(a) a reservation of an easement or easement in gross; or\n(b) a covenant or covenant in gross.\n(2) If the lease so provides, either expressly or by term implied by or\nunder an Act (including an Act that has subsequently been\nrepealed), the Minister may:\n(a) grant an easement or easement in gross over the leased land;\nor\n(b) create a covenant or covenant in gross affecting the leased\nland,\nat any time during the term of the lease.\n(3) The Minister may at any time confer on the holder of a lease of\nCrown land, or a person to whom an estate in fee simple in Crown\nland has been granted, the benefit of:\n(a) an easement or easement in gross over Crown land that is not\nthe subject of the lease or grant; or\n\nCrown Lands Act 1992 30\n(b) a covenant or covenant in gross affecting Crown land that is\nnot the subject of the lease or grant.\n(4) Subsection (4A) applies if the Minister:\n(a) creates an easement or easement in gross, or a covenant or\ncovenant in gross, over Crown land, and the interest created\nconfers a benefit referred to in subsection (2); or\n(b) grants a licence that provides for rights in relation to the\nsupply of services, whether or not the licence provides for\nother rights in relation to other matters.\n(4A) The Minister must not grant a lease, or another lease, or an estate\nin fee simple of the land affected by the interest or the licence\nunless the grant is subject to:\n(a) a reservation from the lease or estate in fee simple of an\neasement or easement in gross; or\n(b) a covenant or covenant in gross.\n(4B) A reservation or covenant under subsection (4A) must be of the\nsame nature and for the same benefit as existed before the grant of\nthe lease, other lease or estate in fee simple.\n(4C) For subsection (4)(b), the nature and benefit of the reservation or\ncovenant under subsection (4A) must be limited to rights akin to the\nrights in relation to the supply of services granted under the licence.\n(5) Nothing in this section empowers the Minister to acquire land or an\ninterest in land.\n","sortOrder":63},{"sectionNumber":"73","sectionType":"section","heading":"Vesting of fee simple in roads","content":"73 Vesting of fee simple in roads\n(1) Where:\n(a) the whole of an area of land is a road or mall or a part of a\nroad or mall;\n(b) no person other than the Territory has an interest registered\nunder the Land Title Act 2000 in the land as lessee or as the\nproprietor of an estate in fee simple; and\n(c) a local government council has lodged with the Minister a plan\nof survey of the land, together with a request that an estate in\nfee simple in the land be vested in it,\n\nCrown Lands Act 1992 31\nthe Minister may, in the name of the Territory, declare that an\nestate in fee simple in the land is vested in that council and forward\na copy of the declaration to the Registrar-General.\n(2) The Minister shall cause a copy of a declaration under\nsubsection (1) to be published in the Gazette within 28 days after\nthe declaration is made.\n(3) A declaration under subsection (1) has effect according to its tenor.\n","sortOrder":64},{"sectionNumber":"74","sectionType":"section","heading":"Indefeasibility of title","content":"74 Indefeasibility of title\nNothing contained in this Act or in the Local Government Act 2019\naffects the provisions of the Land Title Act 2000 relating to\nindefeasibility of title in their application to and in relation to land on\nwhich there is a road or mall or a part of a road or mall.\n","sortOrder":65},{"sectionNumber":"75","sectionType":"section","heading":"Title of and use by persons who have an interest in land","content":"75 Title of and use by persons who have an interest in land\n(1) Subject to subsection (3), the power of a person who has an\ninterest in land on which there is a road or mall or a part of a road\nor mall does not include power to deal with it or use it, or permit it to\nbe used, in a manner inconsistent with the use of the road or mall\naccording to its status as a road or mall.\n(2) Subject to subsection (3), nothing contained in the Control of Roads\nAct 1953 or the Local Government Act 2019 operates to limit the\npower of a person who has an interest in land to deal with the land\nunder the Land Title Act 2000, but neither the vesting or registration\nof title to land nor a dealing with land under the Land Title Act 2000\naffects the status of a public road or mall for the purposes of a law\nin force in the Territory or divests the person in whom a road, or the\ncare, control and management of land, is vested by virtue of the\nControl of Roads Act 1953 or the Local Government Act 2019:\n(a) of the road as a road; or\n(b) of a power, function, right or obligation in relation to the road\nor mall as a road or mall, as the case may be.\n(3) Where under section 73 land is vested in a local government\ncouncil and the council has an interest as lessee of or as the\nproprietor of an estate in fee simple in land contiguous to that land,\nthe council may, with the approval in writing of the Minister, where\nthe Minister is of the opinion that by its so doing vehicular traffic\nacross the land will not be prevented:\n\nCrown Lands Act 1992 32\n(a) erect on the land such things:\n(i) as are necessary for the support of structures erected\nover the land or on that contiguous land; or\n(ii) as are necessary or convenient to facilitate and control\naccess to and egress from that contiguous land; and\n(b) notwithstanding the Control of Roads Act 1953, use the land in\nsuch manner as it thinks fit to facilitate the use of a structure\nerected over the land, or on that contiguous land, for the\npurpose for which it was so erected.\n(4) Neither the vesting or registration of title to land nor any dealing\nwith land affects the rights of the Territory, the Commonwealth, a\npublic authority of the Territory or a public authority of the\nCommonwealth to use a road or mall for the provision and\nmaintenance of services or for any other public purpose.\n","sortOrder":66},{"sectionNumber":"76","sectionType":"section","heading":"Resumption and reservation of Crown land","content":"76 Resumption and reservation of Crown land\n(1) Subject to this Act the Administrator may, at any time, by\nproclamation:\n(a) resume any Crown lands the subject of a lease except a lease\nunder the Mineral Titles Act 2010 or the Pastoral Land\nAct 1992:\n(i) for the use and benefit of the Aboriginal inhabitants of\nthe Territory;\n(ii) for forestry and re-afforestation;\n(iii) for stock routes and travelling stock;\n(iv) for the recreation or amusement of the public;\n(v) for railways, roads or drainage;\n(vi) for water conservation purposes;\n(vii) for the protection or conservation of wildlife;\n(viii) for fisheries or fishing;\n(ix) for the conservation of native flora;\n(x) for national or public parks or gardens;\n\nCrown Lands Act 1992 33\n(xi) for purposes relating to a local government area;\n(xii) for the preservation or protection of places of historic\ninterest;\n(xiii) for cultivation purposes; or\n(xiv) for such other purposes in relation to the Territory as the\nMinister thinks fit;\n(b) reserve for the purpose for which they are resumed the whole\nor a part of the lands so resumed;\n(c) reserve for a purpose mentioned in paragraph (a) unalienated\nCrown lands; or\n(d) revoke wholly or in part a reservation of land whether made\nbefore or after the commencement of this Act and whether\nmade in pursuance of this Act or any other law of the Territory\nin force at any time prior to the commencement of this Act.\n(2) The power to resume land under subsection (1) includes a power to\nresume part of the land the subject of a lease.\n(3) Land shall not be resumed for cultivation purposes if it is the subject\nof a lease for agricultural purposes.\n(4) The purpose specified in subsection (1)(a)(i) for which land may be\nreserved under this section includes (but without limiting the\ngenerality of the expression of that purpose in that subparagraph):\n(a) the use by Aborigines of the natural waters and springs on\nunleased land within the reserved land;\n(b) subject to any other law of the Territory, the taking or killing for\nfood by Aborigines of fish, birds and animals ferae naturae on\nsuch unleased land or in those waters or springs; and\n(c) the taking by Aborigines for food of vegetable matter growing\nnaturally on such unleased land or in those waters or springs.\n(5) Where land has been reserved for a purpose specified in\nsubsection (1)(a)(i), (iv), (vii), (ix), (x) or (xii), the reservation of the\nland or any part of it shall not be revoked unless the Minister has, in\naccordance with this section, made to the Administrator a\nrecommendation in writing that it be revoked.\n(6) The Minister shall not make a recommendation referred to in\nsubsection (5) unless the Legislative Assembly has, in accordance\nwith this section, approved that the Minister do so.\n\nCrown Lands Act 1992 34\n(7) The Minister shall lay a copy of the proposed recommendation\nbefore the Legislative Assembly.\n(8) If:\n(a) within 6 sitting days of the Legislative Assembly after the\nMinister has laid such a copy before it, no notice of motion that\nthe Legislative Assembly disapprove the recommendation has\nbeen given; or\n(b) a notice of motion that the Legislative Assembly disapprove\nthe recommendation has been given within that time, and the\nmotion has been moved and defeated by the Legislative\nAssembly,\nthe Legislative Assembly shall be deemed to have approved in\naccordance with this section that the Minister make the\nrecommendation to the Administrator but in any other case it shall\nbe deemed not to have done so.\n","sortOrder":67},{"sectionNumber":"77","sectionType":"section","heading":"Resumption of part of land the subject of a lease","content":"77 Resumption of part of land the subject of a lease\n(1) Where part of the land the subject of a lease is resumed:\n(a) the Minister shall forward to the Registrar-General a copy of\nthe proclamation by which the land was resumed;\n(b) the lease continues in force as to the part of the land which\nhas not been resumed; and\n(c) the Minister may, on the application of the lessee, alter, vary\nor modify the terms or conditions of the lease in its application\nto the part of the land which has not been resumed.\n(2) Where the Minister has altered, varied or modified the terms or\nconditions of a lease under subsection (1) the Minister shall lodge\nwith the Registrar-General a copy of the instrument which effects\nthe alteration, variation or modification.\n","sortOrder":68},{"sectionNumber":"78","sectionType":"section","heading":"Control and management of reserved land","content":"78 Control and management of reserved land\n(1) Land which has been reserved for a purpose specified in\nsection 76(1) may be managed, regulated or controlled in the\nmanner provided by section 79 or by an Act that provides for the\nregulation, management or control of the land or, if there is no such\nAct, in such manner as is prescribed by the Regulations.\n(2) Where land which has been reserved under section 76 is not\nmanaged, regulated or controlled in accordance with section 79,\nand no Act or Regulations prescribe the manner in which it is to be\n\nCrown Lands Act 1992 35\nmanaged, regulated or controlled, the land may be managed,\nregulated or controlled in such manner and by such persons as the\nMinister directs.\n(3) For the purposes of this section, Act includes an Act of the\nCommonwealth.\n","sortOrder":69},{"sectionNumber":"79","sectionType":"section","heading":"Trustees of reserved land","content":"79 Trustees of reserved land\n(1) If land has, before or after the commencement of this Act, been\nreserved for the recreation or amusement of the public or for any\nother public purpose, the Minister may, by notice in the Gazette,\nappoint to be trustees of the land so reserved not less than 3 nor\nmore than 7 persons, as the Minister thinks fit, and may appoint\none of the trustees to be Chairperson of the trustees.\n(2) The Minister may, by notice in the Gazette, terminate the\nappointment of a trustee.\n(3) The office of a trustee becomes vacant if the trustee:\n(a) becomes bankrupt or insolvent, applies to take the benefit of a\nlaw for the relief of bankrupt or insolvent debtors, compounds\nwith the trustee's creditors or makes an assignment of the\ntrustee's salary or other remuneration for their benefit;\n(b) becomes permanently incapable of performing the duties of\noffice;\n(c) is convicted of an offence punishable by imprisonment for a\nperiod exceeding 6 months; or\n(d) resigns by giving written notice of resignation to the Minister.\n(4) If the office of a trustee becomes vacant or a trustee dies, or an\nappointment of a trustee is terminated, the Minister may, by notice\nin the Gazette, appoint a person to the vacant office.\n(5) The persons for the time being holding office as trustees are\nconstituted as a body corporate.\n(6) A body corporate constituted under this section has perpetual\nsuccession and a common seal and is capable of suing and being\nsued.\n(7) The trustees of reserved land mentioned in subsection (1) must, at\nthe times directed by the Minister, forward the Minister a report on\nthe administration of the trust and on any related matters as\nspecified by the Minister from time to time, and must give the\nMinister a statement of revenue received and expenditure made\n\nCrown Lands Act 1992 36\nduring the period specified by the Minister.\n(8) Notwithstanding this Act or any law in force in the Territory, the\ntrustees of land so reserved as referred to in subsection (1) may\nuse or authorise other persons to use the land for sporting or other\nfunctions, and may charge or authorise other persons to charge for\nthe admission of persons and vehicles to the land or a part of the\nland when the land is so used.\n(9) The trustees of any land reserved as referred to in subsection (1) or\nfor any other public purposes certified by the Minister to be a like\npurpose, may make by-laws, not inconsistent with this Act for the\ncontrol and management of the reserve and, in particular, providing\nfor or in relation to:\n(a) the times at which the reserve or portions of the reserve are to\nbe open and closed; and\n(b) the conduct of persons when on the reserve; and\n(c) the days on which, and the limits within which, sports and\ngames, or training for sports and games, may be permitted on\nthe reserve and otherwise regulating or prohibiting sports and\ngames, or training for sports and games, on the reserve; and\n(d) the prevention or the regulation of the admission of vehicles or\nanimals to the reserve, and for the destruction of such animals\nif trespassing on the reserve; and\n(e) the speed of vehicles and the parking of vehicles within the\nreserve; and\n(f) the prohibition or the regulation of the sale or display for sale\nof goods, wares or merchandise on the reserve; and\n(g) the prevention of damage or injury to, or destruction of, trees\nand other vegetation on the reserve; and\n(h) the prevention of damage or injury to, or destruction or\ndefacement of, buildings, structures or erections or natural\nfeatures on the reserve; and\n(j) the prevention of nuisances on the reserve; and\n(k) the charging of fees by the trustees, or by other persons, for\nadmission to the reserve or a part of the reserve; and\n(m) the authorisation of persons to demand the names and\ninformation as to the place of abode of persons who are\nbelieved on reasonable grounds to have contravened or failed\n\nCrown Lands Act 1992 37\nto comply with a by-law and requiring persons to comply with\nsuch a demand made by a person so authorised; and\n(n) the removal from the reserve of persons who are believed, on\nreasonable grounds, to have contravened or failed to comply\nwith a by-law; and\n(p) the imposition of maximum penalties of, or of not more than an\namount equal to, 4 penalty units for the contravention of, or\nfailure to comply with, a by-law.\n(10) A by-law made under subsection (9) must be signed by the\nChairperson of the trustees and section 57 of the Interpretation\nAct 1978 does not apply to or in relation to it.\n(11) If:\n(a) a by-law has been made in relation to a reserve under this\nsection and is in force; and\n(b) there is an inconsistency between a by-law and the Crown\nLands (Recreation Reserve) Regulations 1938 in force at the\ndate of commencement of this Act or regulations under this\nAct amending or in substitution for those Regulations, the\nby-law prevails.\n","sortOrder":70},{"sectionNumber":"80","sectionType":"section","heading":"Notice of resumption","content":"80 Notice of resumption\n(1) Land shall not be resumed under section 76 unless notice in\naccordance with this section has been given by or on behalf of the\nMinister to the lessee of the land that it is proposed to recommend\nthe resumption of the land under that section.\n(2) Where the lease relating to land to be resumed under section 76\ncontains a provision that a period, specified in the instrument, of\nnotice of intention to resume shall be given, the period of notice\nshall be the period so specified.\n(3) Where the lease relating to land to be resumed does not contain a\nprovision that a period of notice of intention to resume shall be\ngiven and the land is to be resumed for any of the purposes\nspecified in subparagraphs (i) to (xii) (inclusive) and (xiv) of\nsection 76(1)(a), the period of notice shall be 6 months.\n(4) Where the lease relating to land to be resumed under section 76\ndoes not contain a provision that a period of notice of intention to\nresume shall be given and the land is to be resumed for cultivation\npurposes the period of notice shall be 2 years.\n(5) Notice of intention to resume may be given to the lessee by post.\n\nCrown Lands Act 1992 38\n","sortOrder":71},{"sectionNumber":"81","sectionType":"section","heading":"Cancellation of lease as regards resumed land","content":"81 Cancellation of lease as regards resumed land\n(1) A notification by the Minister and published in the Gazette that land\nincluded in a lease has been resumed is conclusive evidence of the\nfact and shall have effect to cancel the lease as regards the land\nresumed, and to reduce the rent for the remainder of the land\nproportionately to the extent of the resumption.\n(2) Where a portion of the land included in a lease is resumed under\nsection 76 and the lease contains a covenant by the lessee to\ncomply with the requirements of the lease as to developmental\nwork and improvements, the Minister shall, within 28 days after the\nnotification referred to in subsection (1), review the requirements of\nthe lease having regard to the nature and area of the lands\nremaining subject to the lease, determine the extent to which the\nrequirements shall be varied and give notice, in writing, of that\ndetermination to the lessee.\n(3) Where the Minister, under subsection (2), gives notice of a\ndetermination to a lessee, the requirements of the lease as to\ndevelopmental work and improvements shall be taken to be varied:\n(a) if the determination is varied under this Act – in accordance\nwith that determination as so finally varied; and\n(b) in any other case – in accordance with the determination,\nas from the date on which the determination is so varied or as from\nthe date of the determination, as the case may be.\n","sortOrder":72},{"sectionNumber":"82","sectionType":"section","heading":"Compensation for resumption","content":"82 Compensation for resumption\n(1) Where land included in a lease is resumed under section 76, the\nlessee is entitled to compensation for the improvements on the\nresumed land that are the property of the lessee and:\n(a) if part only of the leased land is resumed, for the depreciation\nin the value of the lease by reason of the resumption; or\n(b) if the whole of the leased land is resumed, for the loss of the\nlease,\nassessed in accordance with this section.\n(2) If the lease specifies the manner in which and the matters in\nrespect of which compensation shall be assessed, the\ncompensation shall be assessed in the manner and with respect to\nthe matters so specified.\n\nCrown Lands Act 1992 39\n(3) If the lease does not specify the manner in which and the matter in\nrespect of which compensation shall be assessed, the Minister shall\nrequire the Valuer-General to assess the compensation to which,\nunder this section, the lessee is entitled.\n(4) In making an assessment under this section, the Valuer-General:\n(a) shall not take into account any increased value of the resumed\nland arising from the construction of public works or from a\nproposal to construct public works; and\n(b) shall set off any increase, by reason of such construction or\nproposal, in the value of the part of the leased land that is not\nresumed against the amount at which the Valuer-General\nwould otherwise have assessed compensation.\n(5) The Valuer-General shall give the lessee notice in writing of an\nassessment under this section.\n(6) As soon as practicable after the resumption, the Minister shall pay\nto the lessee an amount equal to the compensation assessed in\naccordance with this section or, if that compensation is varied under\nthis Act, an amount equal to the compensation as finally determined\nunder this Act.\n","sortOrder":73},{"sectionNumber":"83","sectionType":"section","heading":"Objections","content":"83 Objections\n(1) Subject to section 49, where the Minister or the Valuer-General\ngives to a person notice:\n(a) of the re-appraisement of the rent of a lease;\n(b) of a determination of the value of improvements on land\ncomprised in a lease or licence under this Act;\n(c) of a determination under section 81;\n(d) of an assessment of compensation under section 82; or\n(e) of the forfeiture of a lease under this Act,\nthe person may, within the prescribed period after receipt of the\nnotice or within such extended period as the Minister or the Valuer-\nGeneral, as the case may be, allows, send by post to, or lodge with,\nthe Minister or the Valuer-General, as the case may be, at his or\nher office, an objection to the re-appraisement, determination,\nassessment or forfeiture specifying the grounds of objection.\n\nCrown Lands Act 1992 40\n(2) For the purposes of subsection (1), the prescribed period is:\n(a) in the case of a re-appraisement of rent – 3 months;\n(b) in the case of an assessment of compensation – 6 months;\nand\n(c) in the case of a determination or forfeiture – 28 days.\n(3) The Minister or the Valuer-General shall, within 28 days after\nreceiving an objection, consider the objection and may disallow it or\nallow it in whole or in part and shall forthwith give to the objector\nnotice of his or her decision on the objection.\n","sortOrder":74},{"sectionNumber":"84","sectionType":"section","heading":"Applications for review","content":"84 Applications for review\n(1) An objector who is dissatisfied with:\n(a) a decision of the Minister or the Valuer-General on an\nobjection to a re-appraisement, determination or assessment\nreferred to in section 83(1); or\n(b) a decision of the Minister to disallow an objection to the\nforfeiture of a lease under this Act,\nmay, within 28 days after receipt of the notice of the decision, by\nwriting, request the Minister or the Valuer-General, as the case may\nbe, to refer the decision to the Land and Valuation Review Tribunal\nfor review.\n(2) On receipt of a request under subsection (1), the Minister or the\nValuer-General shall refer the decision to the Tribunal.\n(3) On a reference under subsection (2), the objector is limited to the\ngrounds stated in the objection.\n","sortOrder":75},{"sectionNumber":"85","sectionType":"section","heading":"Powers of Tribunal","content":"85 Powers of Tribunal\n(1) Where the Tribunal reviews a decision of the Minister or the Valuer-\nGeneral on an objection to a re-appraisement, determination or\nassessment referred to in section 83(1), it has all the powers of the\nMinister or the Valuer-General, as the case may be, in making the\nre-appraisement, determination or assessment.\n(2) Where the Tribunal reviews a decision of the Minister to disallow an\nobjection to the forfeiture of a lease under this Act, it may confirm or\nannul the notice forfeiting the lease to which the decision relates.\n(3) Sections 27 to 29 (inclusive) and section 31 of the Valuation of\nLand Act 1963 apply to and in relation to a reference to the Tribunal\n\nCrown Lands Act 1992 41\nunder this Act and the decision of the Tribunal on the reference in\nlike manner as they apply to and in relation to a reference to the\nTribunal under that Act and the decision of the Tribunal on the last-\nmentioned reference.\n(4) For the purposes of section 28 of the Valuation of Land Act 1963 in\nits application to a reference to the Tribunal under this Act:\n(a) the person requesting the reference;\n(b) in the case of a reference of a decision of the Minister – the\nMinister; and\n(c) in the case of a reference of a decision of the Valuer-\nGeneral – the Valuer-General,\nare parties to the reference.\n(5) When the Tribunal gives its decision it shall, at the same time,\ncertify the amount which, in its opinion, would be a reasonable\namount to be paid by the Minister or the Valuer-General or by the\nother party to the reference in respect of costs incurred by the\nreference to the Tribunal.\n(6) An amount certified under subsection (5) is recoverable as a debt\ndue and payable by the Minister, the Valuer-General, or by the\nother party to the reference, as the case may be.\n","sortOrder":76},{"sectionNumber":"86","sectionType":"section","heading":"Validity of re-appraisements, &c.","content":"86 Validity of re-appraisements, &c.\nThe validity of a re-appraisement, determination or assessment\nreferred to in section 83(1) is not affected by:\n(a) a failure to give notice of the re-appraisement, determination\nor assessment;\n(b) the lodging of an objection to the re-appraisement,\ndetermination or assessment;\n(c) a failure to give notice of a decision on an objection to the\nre-appraisement, determination or assessment; or\n(d) a reference to the Tribunal of a decision on an objection to the\nre-appraisement, determination or assessment.\n\nCrown Lands Act 1992 42\n","sortOrder":77},{"sectionNumber":"87","sectionType":"section","heading":"Notice of forfeitures of leases","content":"87 Notice of forfeitures of leases\n(1) Where:\n(a) the Minister gives a notice under this Act forfeiting a lease and\nthe person entitled to object does not, within 28 days after\nreceiving the notice, object to the forfeiture of the lease;\n(b) the Minister gives, under section 83, notice of the Minister's\ndecision to disallow an objection to the forfeiture of a lease\nunder this Act and the objector does not, within 28 days after\nreceiving the notice, request the Minister to refer the decision\nto the Tribunal for review; or\n(c) on the review of a decision to disallow an objection to the\nforfeiture of a lease under this Act, the Tribunal confirms the\nnotice forfeiting the lease,\nthe Minister may cause notice of the forfeiture to be published in the\nGazette.\n(2) The forfeiture of a lease under this Act is not effective until a notice\nof the forfeiture is published in the Gazette in pursuance of\nsubsection (1).\n(3) A notice published in the Gazette in pursuance of subsection (1):\n(a) has the same effect as a re-entry and recovery of possession\nby or on behalf of, the Territory; and\n(b) is conclusive evidence that the lease to which the notice\nrelates has been forfeited.\n(4) The Minister shall lodge with the Registrar-General a copy of each\nnotice of the forfeiture of a lease published in the Gazette in\npursuance of subsection (1).\n","sortOrder":78},{"sectionNumber":"88","sectionType":"section","heading":"Definition","content":"88 Definition\nIn this Part:\nland means Crown land and reserved land.\n\nCrown Lands Act 1992 43\n","sortOrder":79},{"sectionNumber":"89","sectionType":"section","heading":"Application of Part","content":"89 Application of Part\n(1) Subject to subsection (2), the Minister may grant a licence or renew\nor extend the grant of a licence over land, including land on which\nthere is a building that is the property of the Territory.\n(2) A licence may not be granted over land that is held under a lease\ngranted under this or any other Act.\n(3) A licence granted, renewed or extended under this Part:\n(a) is a licence to access, occupy or use the land; and\n(b) may permit the licensee to take things which are the property\nof the Territory from the land.\n(4) The following must give consent for a licence under this Part before\nthe Minister grants the licence:\n(a) for land that has been reserved for a purpose specified in\nsection 76(1) that is managed, regulated or controlled by a\nperson as directed by the Minister – the person;\n(b) for land that has been reserved for which the Minister has\nappointed persons to be trustees of the land under\nsection 79(1) – the trustees.\n","sortOrder":80},{"sectionNumber":"90","sectionType":"section","heading":"Application for licence","content":"90 Application for licence\n(1) A person may apply to the Minister for the grant of a licence, a\nrenewal of a licence or the extension of the grant of a licence.\n(2) The application must be:\n(a) in writing; and\n(b) accompanied by the prescribed fee.\nNote for subsection (2)\nThe prescribed fee for an application for a licence is made under section 8.\n(3) The Minister may request further information from the person\nmaking the application.\n(4) The Minister may return the application to the person and request\nthe person amend the application.\n\nCrown Lands Act 1992 44\n","sortOrder":81},{"sectionNumber":"91","sectionType":"section","heading":"Grant or refusal of licence","content":"91 Grant or refusal of licence\n(1) The Minister must consider the application and:\n(a) grant, renew or extend the grant of the licence; or\n(b) refuse to grant, renew or extend the grant of the licence.\n(2) The Minister may:\n(a) require the applicant satisfy specified conditions before\ngranting, renewing or extending the grant of a licence; or\n(b) provide that a licence does not take effect until the applicant\nsatisfies specified conditions.\n","sortOrder":82},{"sectionNumber":"92","sectionType":"section","heading":"Conditions of licence","content":"92 Conditions of licence\n(1) A licence is subject to the following conditions:\n(a) a licence does not give the licensee any right of exclusive\npossession over the land the subject of the licence;\n(b) a licensee must only use the land the subject of the licence for\nthe purpose for which the licence was granted;\n(c) a licensee must not do the following unless the licensee has\nthe approval of the Minister:\n(i) make any improvements to the land the subject of the\nlicence;\n(ii) store any fittings, machinery, equipment or other chattels\non the land the subject of the licence.\n(2) The Regulations may:\n(a) prescribe conditions for a licence; or\n(b) prescribe conditions for a class of licence.\n(3) The Minister may do any of the following on the Minister's own\ninitiative:\n(a) determine a condition prescribed under subsection (2)(a) does\nnot apply to a licence;\n(b) determine a condition prescribed under subsection (2)(b) does\nnot apply to a licence, despite the licence being in the class of\nlicences to which the condition applies;\n\nCrown Lands Act 1992 45\n(c) vary a condition prescribed under subsection (2)(a) or (b) in\nrelation to a licence, and may vary the condition during the\nterm of the licence;\n(d) impose any other conditions on a licence that the Minister\nconsiders appropriate, and may vary those conditions during\nthe term of the licence.\n(4) To avoid doubt, if section 89(4) applied to the land before a licence\nwas granted in relation to the land, the Minister is not required to\nobtain consent from the person or trustees mentioned in\nsection 89(4) before making a determination, varying a condition or\nimposing a condition under subsection (3) in relation to the licence.\n(5) A determination, variation of a condition or imposition of a condition\nunder subsection (3) must not be inconsistent with the conditions\nreferred to in subsection (1).\n","sortOrder":83},{"sectionNumber":"93","sectionType":"section","heading":"Term of licence","content":"93 Term of licence\n(1) A licence remains in force for the term specified in the licence,\nunless it is cancelled or surrendered under section 94B.\n(2) The Minister may, on the Minister's own initiative:\n(a) vary or extend the term of a licence; or\n(b) renew a licence.\nNote for subsection (2)\nA licensee may apply for a renewal or extension of a grant of a licence under\nsection 90.\n(3) To avoid doubt, section 92 applies to a licence of which its term has\nbeen varied or extended and a licence which has been renewed.\n","sortOrder":84},{"sectionNumber":"94","sectionType":"section","heading":"Licence fees","content":"94 Licence fees\n(1) The Minister may determine a licence fee for a licence.\n(2) For subsection (1), the Minister may determine the manner in which\na licence fee is calculated.\n(3) The amount of the licence fee, or the manner in which the licence\nfee is calculated, and the time and place of payment is to be\nspecified in the licence.\n(4) The Minister may review a licence fee determined under this\nsection and may determine a different fee or manner in which the\nfee is calculated at any time during the term of the licence.\n\nCrown Lands Act 1992 46\n(5) The Minister may, if the Minister considers it appropriate, do any of\nthe following in relation to a fee determined under subsection (1):\n(a) exempt a licensee from payment of the fee;\n(b) waive (wholly or partly) payment of the fee;\n(c) refund (wholly or partly) the fee.\n","sortOrder":85},{"sectionNumber":"94A","sectionType":"section","heading":"Royalties","content":"94A Royalties\n(1) The Minister may determine the following:\n(a) a royalty on any material removed from the land to which a\nlicence relates;\n(b) if a licensee removes more or different material from the land\nto which the licence relates than the licensee is entitled – a\nroyalty that is additional to the royalty determined under\nparagraph (a) (an additional royalty).\n(2) For subsection (1), the Minister may determine the manner in which\na royalty or an additional royalty is calculated and the time and\nplace of payment for a royalty or an additional royalty.\n(3) A royalty, the manner in which the royalty is calculated and the time\nand place of payment is to be specified in the licence.\n(4) The Minister may review a royalty determined under\nsubsection (1)(a) and may determine a different royalty or manner\nin which the royalty is calculated at any time during the term of the\nlicence.\n(5) An additional royalty, the manner in which the additional royalty is\ncalculated and the time and place of payment may be determined:\n(a) at any time during the term of the licence; or\n(b) at the end of the term of the licence; or\n(c) if the licence is surrendered or cancelled – at or after the date\nof the surrender or cancellation.\n(6) The Minister may review an additional royalty determined under\nsubsection (1) and may determine a different additional royalty or\nmanner in which the additional royalty is calculated.\n\nCrown Lands Act 1992 47\n(7) The Minister may, if the Minister considers it appropriate, do any of\nthe following in relation to a royalty or additional royalty determined\nunder subsection (1):\n(a) exempt a licensee from payment of the royalty or additional\nroyalty;\n(b) waive (wholly or partly) payment of the royalty or additional\nroyalty;\n(c) refund (wholly or partly) the royalty or additional royalty.\n","sortOrder":86},{"sectionNumber":"94B","sectionType":"section","heading":"Cancellation or surrender of licence","content":"94B Cancellation or surrender of licence\n(1) The Minister may cancel a licence at any time during the term of the\nlicence.\n(2) A licensee may surrender the licence at any time during the term of\nthe licence.\n","sortOrder":87},{"sectionNumber":"94C","sectionType":"section","heading":"Amounts owing are debt to Territory","content":"94C Amounts owing are debt to Territory\n(1) This section applies if a licence was subject to the payment of any\nof the following:\n(a) a licence fee, royalty or additional royalty;\n(b) any other amount specified in or otherwise calculated in\naccordance with or attributable to the conditions of the licence.\n(2) Any licence fees, royalties, additional royalties or other amount\nowing by the licensee at or after the end of the term of the licence\nor at or after the date of the cancellation or surrender of the licence\nis a debt due and payable to the Territory.\n(3) Despite this section, the Minister may, if the Minister considers it\nappropriate, do any of the following in relation to an amount\nmentioned in subsection (1)(b):\n(a) exempt a licensee from payment of the amount;\n(b) waive (wholly or partly) payment of the amount;\n(c) refund (wholly or partly) the amount.\n\nCrown Lands Act 1992 48\n","sortOrder":88},{"sectionNumber":"95","sectionType":"section","heading":"Constitution of counties, hundreds and town lands","content":"95 Constitution of counties, hundreds and town lands\n(1) The Administrator may, by notice in the Gazette, constitute and\ndefine the boundaries of counties, hundreds and towns.\n(2) The Administrator may, by notice in the Gazette, set apart as town\nlands any Crown land within the boundaries of a town.\n","sortOrder":89},{"sectionNumber":"96","sectionType":"section","heading":"Declaration of routes for travelling stock","content":"96 Declaration of routes for travelling stock\nThe Minister may, by notice in the Gazette, declare routes, not\nexceeding 1,610 metres in width, through Crown lands or reserved\nland, whether or not that land is held under licence or lease granted\nunder this or any other Act, to be routes for the passage of\ntravelling stock.\n","sortOrder":90},{"sectionNumber":"97","sectionType":"section","heading":"Persons authorised may conduct auction sales without licence","content":"97 Persons authorised may conduct auction sales without licence\nA person authorised in writing by the Minister to do so may conduct\nsales by auction under this Act without having an auctioneer's\nlicence or incurring, on that account, a penalty.\n","sortOrder":91},{"sectionNumber":"98","sectionType":"section","heading":"Power of Minister to summon witnesses, &c.","content":"98 Power of Minister to summon witnesses, &c.\n(1) The Minister may, for the purpose of determining a matter that\nunder this Act comes before the Minister:\n(a) summon witnesses;\n(b) take evidence on oath; and\n(c) require the production of documents, books and papers.\n(2) A person who, when properly summoned under this section to give\nevidence or produce documents, books or papers, fails to attend\nbefore the Minister at the time appointed in the summons, or to give\nevidence or produce documents, books or papers, is guilty of an\noffence.\nMaximum penalty: 4 penalty units.\n","sortOrder":92},{"sectionNumber":"99","sectionType":"section","heading":"Unbranded wild cattle and buffaloes","content":"99 Unbranded wild cattle and buffaloes\n(1) All unbranded wild horses and unbranded bovine cattle, being\nanimals above the age of 12 months, that are at any time remaining\nor feeding on Crown lands (including reserved lands but not\nincluding leased lands or lands occupied under licence or\n\nCrown Lands Act 1992 49\nagreement) and which have no reputed or apparent owner are the\nproperty of the Territory.\n(2) All unbranded buffaloes that are at any time remaining or feeding\non Crown lands (including reserved lands but not including leased\nlands or lands occupied under licence or agreement) are the\nproperty of the Territory.\n(3) The Minister may cause those horses, cattle and buffaloes to be\nsold and disposed of by public auction, or by tender and may\nimpose qualifications, terms and conditions on the auction, tender,\nbidder or tenderer.\n(4) The Minister shall notify in the Gazette, not later than 28 days\nbefore the time of or for the auction or tender, the object, time and\nplace of the auction, or the time until which the tender may be\nmade, and qualifications, terms and conditions, if any, applicable to\nthe auction or tender.\n(5) The purchaser of the horses, cattle or buffaloes, on obtaining the\nwritten authority of the Minister for the purpose, may, within\n2 months after the date of the authority or such further time as the\nMinister allows, with such assistance as is necessary, take\npossession of the horses, cattle or buffaloes and for that purpose\nenter on such Crown lands.\n","sortOrder":93},{"sectionNumber":"100","sectionType":"section","heading":"Power to impound cattle or buffaloes trespassing and to","content":"100 Power to impound cattle or buffaloes trespassing and to\ndestroy pigs\n(1) If any cattle or buffaloes are found trespassing on Crown land\n(including reserved lands, but not including leased lands or lands\noccupied under licence or agreement), any person authorised in\nwriting by the Minister to do so may impound them to be dealt with\naccording to law.\n(2) A person authorised in writing by the Minister may destroy, without\ncompensation to the owner, any pigs trespassing on Crown land or\nreserved land.\n","sortOrder":94},{"sectionNumber":"101","sectionType":"section","heading":"Penalty for unlawfully depasturing","content":"101 Penalty for unlawfully depasturing\nA person who depastures cattle or buffaloes on Crown land\n(including reserved lands, but not including leased lands or land\noccupied under licence or agreement), without having a valid\nlicence or other authority to do so or depastures on such land a\ngreater number of cattle or buffaloes than is authorised by the\nlicence or authority, is guilty of an offence.\nMaximum penalty: 40 penalty units plus $50 for every head of\ncattle or buffaloes.\n\nCrown Lands Act 1992 50\n","sortOrder":95},{"sectionNumber":"102","sectionType":"section","heading":"Penalty for removing timber, &c., without a licence","content":"102 Penalty for removing timber, &c., without a licence\nA person who, except in pursuance of a lease or licence or other\nlawful authority (proof of which lies with the person):\n(a) injures, fells, barks or destroys a tree or sapling growing on\nCrown land (including reserved land) not subject to a right of,\nor contract for, purchase;\n(b) cuts, saws, removes, or sells timber lying or being on that\nland;\n(c) removes and takes away, or severs, excavates, quarries, or\ndigs for, with intent to remove and take away, any metal or ore\ncontaining metal, or any stone, sand, gravel, or other material\nfrom that land; or\n(d) takes or removes from that land any other substance or article\nthe property of the Territory,\nis guilty of an offence.\nMaximum penalty: 40 penalty units.\n","sortOrder":96},{"sectionNumber":"103","sectionType":"section","heading":"Service of notices, &c.","content":"103 Service of notices, &c.\n(1) Except where otherwise provided in this Act, a notice required by\nthis Act to be given to a person may be delivered personally to that\nperson or sent by post, addressed:\n(a) in the case of an individual, to the person's last-known place\nof business or residence; and\n(b) in the case of a corporation, to its registered office in the\nTerritory or otherwise as provided by the Corporation Law.\n(2) Without limiting the generality of subsection (1)(b), a notice under\nthis Act or arising out of a breach of this Act or a condition of a\nlease under this Act may, in the case of a corporation without a\nregistered office in the Territory, be served by affixing a copy of the\nnotice on a conspicuous part of the land.\n","sortOrder":97},{"sectionNumber":"104","sectionType":"section","heading":"Onus of proof","content":"104 Onus of proof\nIn an action, suit, or proceeding under this Act:\n(a) the averment that land is Crown land, or reserved land, or land\nheld under lease, or occupied under licence or agreement, or\nthat a person is authorised to take a proceeding, to do an act\nor perform a duty, or sue for the recovery of a penalty or other\n\nCrown Lands Act 1992 51\nmoneys under this Act is prima facie evidence of the fact;\n(b) if a question arises as to whether the defendant was\nauthorised to do the act complained of, the proof of that fact\nshall lie on the defendant; and\n(c) all licences, certificates, maps, plans and copies thereof\npurporting to be certified as true under the hand of the\nSurveyor-General, shall, in all matters relating to such an\naction, suit, or proceeding, be sufficient evidence without\nproduction of original records, and without the personal\nattendance of the Surveyor-General, or proof of his or her\nsignature.\n","sortOrder":98},{"sectionNumber":"105","sectionType":"section","heading":"Power to enforce covenant or forfeit lease not affected by","content":"105 Power to enforce covenant or forfeit lease not affected by\ndemand or acceptance of rent\nThe demand or acceptance of rent in respect of a lease granted or\nagreed to be granted under this Act shall not be taken to be a\nwaiver of the right of the Territory or the Minister to enforce the\nobservance of a condition or regulation under which the demised\npremises are held, or the right to forfeit the lease for breach of a\ncondition or regulation committed before the making of the demand\nor the acceptance of the rent.\n","sortOrder":99},{"sectionNumber":"106","sectionType":"section","heading":"Regulations","content":"106 Regulations\n(1) The Administrator may make regulations not inconsistent with this\nAct, prescribing all matters which by this Act are required or\npermitted to be prescribed, or which are necessary or convenient to\nbe prescribed, for the purpose of carrying out or giving effect to this\nAct, or for regulating the conduct of any business in connection with\nthe administration of Crown lands in the Northern Territory, and in\nparticular for prescribing:\n(b) the returns to be furnished by lessees and licensees;\n(d) matters relating to the management, use and control of\ncommonage;\n(e) maximum penalties of 8 penalty units for offences against the\nRegulations;\n(f) matters in relation to the control, care, protection,\npreservation, improvement and management by the Minister,\nor by trustees, as the case may be, of any lands reserved for\nthe recreation or amusement of the public or for any other\npublic purpose and for the preservation of good order and\ndecency on any such lands;\n\nCrown Lands Act 1992 52\n(g) standard forms to be used for the purposes of this Act,\nincluding standard forms for provisions in leases; and\n(h) standard provisions that shall be implied in leases and other\ninstruments, short forms of provisions of leases and other\ninstruments and definitions of words and expressions used in\nleases and other instruments.\n","sortOrder":100},{"sectionNumber":"107","sectionType":"section","heading":"Repeal","content":"107 Repeal\nThe Acts specified in Schedule 2 are repealed.\n","sortOrder":101},{"sectionNumber":"108","sectionType":"section","heading":"Savings","content":"108 Savings\n(1) Without limiting the generality of section 12 of the Interpretation\nAct 1978 but subject to the Pastoral Land Act 1992, all titles,\nappointments (other than appointments as members of the Land\nBoard of the Northern Territory), delegations, authorisations,\npermissions, leases, permits, licences, rights, privileges, obligations\nand liabilities made, given, granted, acquired, accrued or incurred\nunder the Acts repealed by section 107, and all matters in process\nunder those repealed Acts immediately before the commencement\nof this Act, shall continue as if made, given, granted, acquired,\naccrued, incurred, commenced or in process under the relevant\ncorresponding provisions of this Act or, as the case may be, the\nPastoral Land Act 1992, and those provisions, with the necessary\nchanges, shall be construed accordingly.\n(2) Notwithstanding the repeals effected by section 107, all regulations,\nby-laws and other instruments of a legislative or administrative\ncharacter in force immediately before the commencement of this\nAct shall continue in force, and may be revoked or amended, as if\nmade under the relevant corresponding provisions of this Act or, as\nthe case may be, the Pastoral Land Act 1992, and, with the\nnecessary changes, those provisions, and those regulations,\nby-laws and other instruments, shall be construed accordingly.\n\nDivision 2 Statute Law Amendment (Territory Economic Reconstruction) Act 2022\nCrown Lands Act 1992 53\nDivision 1 Statute Law Amendment (Territory Economic\nReconstruction) Act 2021\n109 Definitions\nIn this Part:\namending Act means the Statute Law Amendment (Territory\nEconomic Reconstruction) Act 2021.\ncommencement means the commencement of section 38 of the\namending Act.\n","sortOrder":102},{"sectionNumber":"110","sectionType":"section","heading":"Transition of 10 year rent re-appraisement","content":"110 Transition of 10 year rent re-appraisement\nIf the rent under a lease to which section 50 applies was last\nre-appraised more than 5 years before the commencement, the\nnext re-appraisement date for the lease is the next anniversary of\nthe commencement date of the lease that occurs more than\n6 months after the commencement.\nDivision 2 Statute Law Amendment (Territory Economic\nReconstruction) Act 2022\n111 Licence in force before commencement\n(1) A licence granted under repealed Part 7 continues under repealed\nPart 7 for the duration of its term, unless it is earlier surrendered or\ncancelled.\n(2) A licence granted under repealed Part 7 may be renewed under\n","sortOrder":103},{"sectionNumber":"Part 7","sectionType":"part","heading":"as in force after the commencement.","content":"Part 7 as in force after the commencement.\n(3) A licence mentioned in subsection (2) is subject to Part 7 as in force\nafter the commencement.\n(4) In this section:\ncommencement means the commencement of Part 7 of the\nStatute Law Amendment (Territory Economic Reconstruction)\nAct 2022.\nrepealed Part 7 means Part 7, as in force immediately before the\ncommencement.\n\nCrown Lands Act 1992 54\nsection 107\nCrown Lands Ordinance 1931 No. 2, 1931\nCrown Lands Ordinance 1933 No. 11, 1933\nCrown Lands Ordinance 1934 No. 8, 1934\nCrown Lands Ordinance (No. 2) 1934 No. 13, 1934\nCrown Lands Ordinance 1935 No. 4, 1935\nCrown Lands Ordinance (No. 2) 1935 No. 19, 1935\nCrown Lands Ordinance (No. 3) 1935 No. 21, 1935\nCrown Lands Ordinance 1938 No. 2, 1938\nCrown Lands Ordinance 1939 No. 21, 1939\nCrown Lands Ordinance 1943 No. 4, 1943\nCrown Lands Ordinance 1946 No. 5, 1946\nCrown Lands Ordinance 1948 No. 2, 1949\nCrown Lands Ordinance 1950 No. 14, 1950\nCrown Lands Ordinance 1952 No. 17, 1952\nCrown Lands Ordinance (No. 2) 1952 No. 28, 1952\nCrown Lands Ordinance (No. 3) 1952 No. 39, 1952\nCrown Lands Ordinance 1953 No. 4, 1953\nCrown Lands Ordinance 1954 No. 4, 1954\nCrown Lands Ordinance (No. 2) 1954 No. 4, 1955\nCrown Lands Ordinance 1955 No. 16, 1955\nCrown Lands Ordinance (No. 2) 1955 No. 4, 1956\nCrown Lands Ordinance 1956 No. 32, 1956\nCrown Lands Ordinance 1957 No. 28, 1957\nCrown Lands Ordinance 1959 No. 7, 1959\nCrown Lands Ordinance (No. 2) 1959 No. 24, 1959\nCrown Lands Ordinance 1961 No. 36, 1961\nCrown Lands Ordinance 1962 No. 30, 1962\nCrown Lands Ordinance (No. 2) 1962 No. 22, 1963\nCrown Lands Ordinance (No. 3) 1962 No. 23, 1963\nCrown Lands Ordinance (No. 4) 1962 No. 26, 1963\nCrown Lands Ordinance 1963 No. 64, 1963\nCrown Lands Ordinance (No. 2) 1963 No. 11, 1964\nCrown Lands Ordinance (No. 3) 1963 No. 12, 1964\nCrown Lands Ordinance 1964 No. 38, 1964\nCrown Lands Ordinance (No. 2) 1964 No. 61, 1964\nCrown Lands Ordinance (No. 3) 1964 No. 62, 1964\nCrown Lands Ordinance 1965 No. 38, 1965\nCrown Lands Ordinance (No. 2) 1965 No. 49, 1965\nCrown Lands Ordinance 1966 No. 27, 1966\nCrown Lands Ordinance (No. 2) 1966 No. 29, 1966\nCrown Lands Ordinance 1967 No. 28, 1967\nCrown Lands Ordinance (No. 2) 1967 No. 33, 1967\nCrown Lands Ordinance 1968 No. 50, 1968\n\nCrown Lands Act 1992 55\nCrown Lands Ordinance (No. 2) 1968 No. 51, 1968\nCrown Lands (Pastoral Lessees Preference)\nOrdinance 1968\nNo. 73, 1968\nCrown Lands Ordinance (No. 3) 1968 No. 1, 1969\nCrown Lands Ordinance 1969 No. 60, 1969\nCrown Lands Ordinance (No. 2) 1969 No. 4, 1970\nCrown Lands Ordinance 1970 No. 21, 1970\nCrown Lands Ordinance (No. 3) 1969 as amended No. 31, 1970\nCrown Lands Ordinance (No. 3) 1969 Amendment\nOrdinance 1970\nNo. 56, 1970\nCrown Lands Ordinance (No. 2) 1970 No. 78, 1970\nCrown Lands Ordinance (No. 3) 1970 No. 79, 1970\nCrown Lands Ordinance (No. 4) 1970 No. 80, 1970\nCrown Lands Ordinance (No. 5) 1970 No. 2, 1971\nCrown Lands Ordinance 1971 No. 36, 1971\nCrown Lands Ordinance (No. 2) 1971 No. 55, 1971\nCrown Lands Ordinance (No. 3) 1971 No. 56, 1971\nCrown Lands Ordinance (No. 4) 1971 No. 57, 1971\nCrown Lands Ordinance 1972 No. 9, 1972\nCrown Lands Ordinance (No. 4) 1972 No. 55, 1972\nCrown Lands Ordinance (No. 5) 1972 No. 57, 1972\nCrown Lands Ordinance (No. 3) 1972 No. 58, 1972\nCrown Lands Ordinance (No. 2) 1972 No. 61, 1972\nCrown Lands Ordinance (No. 6) 1972 No. 62, 1972\nCrown Lands Ordinance 1973 No. 27, 1973\nCrown Lands Ordinance (No. 2) 1973 No. 32, 1973\nCrown Lands Ordinance (No. 3) 1973 No. 52, 1973\nCrown Lands Ordinance (No. 4) 1973 No. 54, 1973\nCrown Lands Ordinance (No. 3) 1974 No. 78, 1974\nCrown Lands Ordinance (No. 2) 1974 No. 79, 1974\nCrown Lands Ordinance (No. 4) 1974 No. 84, 1974\nCrown Lands Ordinance (No. 5) 1974 No. 89, 1974\nCrown Lands Ordinance 1975 No. 26, 1975\nCrown Lands Ordinance (No. 2) 1975 No. 8, 1976\nCrown Lands Ordinance (No. 3) 1975 No. 9, 1976\nCrown Lands Ordinance (No. 4) 1975 No. 15, 1976\nCrown Lands Ordinance 1976 No. 1, 1977\nCrown Lands Ordinance 1977 No. 46, 1977\nCrown Lands Ordinance 1978 No. 23, 1978\nCrown Lands Ordinance (No. 2) 1978 No. 69, 1978\nCrown Lands Ordinance (No. 3) 1978 No. 107, 1978\nCrown Lands Act 1979 No. 52, 1979\nCrown Lands Act (No. 2) 1979 No. 94, 1979\nCrown Lands Act (No. 3) 1979 No. 143, 1979\nCrown Lands Amendment Act 1980 No. 17, 1980\nCrown Lands Amendment Act (No. 2) 1980 No. 56, 1980\nCrown Lands Amendment Act 1982 No. 94, 1982\nCrown Lands Amendment Act 1984 No. 34, 1984\n\nCrown Lands Act 1992 56\nCrown Lands Amendment Act 1985 No. 5, 1985\nCrown Lands Amendment Act (No. 2) 1985 No. 73, 1985\nCrown Lands Amendment Act 1987 No. 2, 1987\nMiscellaneous Acts Amendment (Aboriginal Community\nLiving Areas) Act 1989 (Part II only)\nNo. 78, 1989\nCrown Lands Amendment Act 1989 No. 79, 1989\nCrown Lands Amendment Act 1991 No. 36, 1991\n\nCrown Lands Act 1992 57\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nCrown Lands Act 1992 (Act No. 18, 1992)\nAssent date 30 April 1992\nCommenced 26 June 1992 (s 2, s 2 Pastoral Land Act 1992 (Act No. 17,\n1992) and Gaz S33, 26 June 1992)\nStatute Law Revision Act 1992 (Act No. 46, 1992)\nAssent date 7 September 1992\nCommenced 7 September 1992\nStatute Law Revision Act (No. 2) 1993 (Act No. 70, 1993)\nAssent date 9 November 1993\nCommenced 9 November 1993\nLocal Government (Consequential Amendments) Act 1993 (Act No. 84, 1993)\nAssent date 31 December 1993\nCommenced 1 June 1994 (s 2, s 2 Local Government Act 1993 (Act\nNo. 83, 1993) and Gaz S35, 20 May 1994)\nPlanning (Consequential Amendments) Act 1993 (Act No. 86, 1993)\nAssent date 31 December 1993\nCommenced 18 April 1994 (s 2, s 2 Planning Act 1993 (Act No. 85, 1993)\nand Gaz S28, 18 April 1994)\nStatute Law Revision Act 1994 (Act No. 50, 1994)\nAssent date 20 September 1994\nCommenced 20 September 1994\nStatute Law Revision Act (No. 2) 1998 (Act No. 92, 1998)\nAssent date 11 December 1998\nCommenced s 3: 1 April 1999 (Gaz S15, 1 April 1999);\nss 6 and 15: 10 March 1999 (Gaz G9, 10 March 1999, p 2);\nss 7 and 11: 13 January 1999 (Gaz G1, 13 January 1999,\np 6); s 25: 20 September 1999; rem: 11 December1998\n\nCrown Lands Act 1992 58\nPlanning (Consequential Amendments) Act 1999 (Act No. 56, 1999)\nAssent date 14 December 1999\nCommenced 12 April 2000 (s 2, s 2 Planning Act 1999 (Act No. 55, 1999)\nand Gaz S15, 12 April 1999\nCrown Lands Amendment Act 2000 (Act No. 44, 2000)\nAssent date 12 September 2000\nCommenced 1 December 2000 (s 2, s 2 Law of Property Act 2000 (Act\nNo. 1, 2000) and Gaz G38, 27 September 2000, p 2)\nLocal Government (Consequential Amendments) Act 2008 (Act No. 28, 2008)\nAssent date 14 November 2008\nCommenced 1 July 2008 (2)\nStatute Law Revision Act 2009 (Act No. 25, 2009)\nAssent date 1 September 2009\nCommenced 16 September 2009 (Gaz G37, 16 September 2009, p 3)\nMineral Titles (Consequential Amendments) Act 2010 (Act No. 37, 2010)\nAssent date 18 November 2010\nCommenced 7 November 2011 (Gaz G41, 12 October 2011, p 5)\nPenalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)\nAssent date 12 July 2013\nCommenced 28 August 2013 (Gaz G35, 28 August 2013, p 2)\nLocal Government Amendment Act 2014 (Act No. 19, 2014)\nAssent date 2 June 2014\nCommenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014,\n(s 2)\nPlanning Amendment Act 2020 (Act No. 19, 2020)\nAssent date 1 July 2020\nCommenced 31 July 2020 (Gaz G30, 29 July 2020, p 1)\nLocal Government Act 2019 (Act No. 39, 2019)\nAssent date 13 December 2019\nCommenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27,\n30 June 2021)\nAmending Legislation\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nLocal Government Amendment Act 2021 (Act No. 15, 2021)\nAssent date 25 May 2021\nCommenced 26 May 2021 (s 2)\nStatute Law Amendment (Territory Economic Reconstruction) Act 2021 (Act No. 19,\n2021)\nAssent date 31 August 2021\nCommenced pt 6: 2 October 2021; rem: 29 September 2021 (Gaz G39,\n29 September 2021, p 1)\n\nCrown Lands Act 1992 59\nStatute Law Amendment (Territory Economic Reconstruction) Act 2022 (Act No. 5,\n2022)\nAssent date 14 April 2022\nCommenced pt 7: 25 May 2023 (Gaz G11, 25 May 2023, p 2); rem: 25 May\n2022 (Gaz G21, 25 May 2022, p 1)\nStatute Law Revision Act 2023 (Act No. 4, 2023)\nAssent date 2 March 2023\nCommenced 3 March 2023 (s 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 5, 9, 10, 12, 20, 24, 31,\n37, 39, 44, 45, 57, 73, 74, 75, 76, 79, 85 and 108.\n4 LIST OF AMENDMENTS\ns 3 amd No. 86, 1993, s 3; No. 84, 1993, s 6; No. 56, 1999, s 3; No. 44, 2000,\ns 4; No. 28, 2008, s 3; No. 25, 2009, s 4; No. 19, 2014, s 26; No. 5, 2022,\nss 88 and 97\ns 5 amd No. 44, 2000, s 11\ns 8 amd No. 5, 2022, s 89\ns 9 amd No. 44, 2000, s 11\ns 10 sub No. 44, 2000, s 5\nss 11 – 12 amd No. 44, 2000, s 11\ns 19 amd No. 44, 2000, s 11\ns 21 amd No. 44, 2000, s 11\ns 24 amd No. 39, 2019, s 370; No. 5, 2022, s 90\ns 31 amd No. 39, 2019, s 370\ns 36 amd No. 44, 2000, s 11\ns 37 amd No. 37, 2010, s 13; No. 23, 2013, s 12\ns 39 amd No. 44, 2000, s 11\ns 41A ins No. 5, 2022, s 91\ns 44 amd No. 86, 1993, s 3; No. 19, 2020, s 89\ns 46 amd No. 44, 2000, s 6\ns 47 amd No. 44, 2000, s 7\ns 50 sub No. 19, 2021, s 38\npt 3\ndiv 4 hdg sub No. 44, 2000, s 8\ns 60 sub No. 44, 2000, s 8\namd No. 5, 2022, s 97\ns 61 sub No. 44, 2000, s 8\namd No. 5, 2022, s 92\ns 62 rep No. 44, 2000, s 8\ns 63 amd No. 84, 1993, s 6; No. 92, 1998, s 6\nrep No. 44, 2000, s 8\ns 64 rep No. 44, 2000, s 8\ns 65 amd No. 92, 1998, s 6\nrep No. 44, 2000, s 8\nss 66 – 72 rep No. 44, 2000, s 8\ns 73 amd No. 84, 1993, s 6; No. 44, 2000, s 11\ns 74 amd No. 44, 2000, s 8; No. 39, 2019, s 370\n\nCrown Lands Act 1992 60\ns 75 amd No. 46, 1992, s 13; No. 84, 1993, s 6; No. 44, 2000, s 11; No. 39, 2019,\ns 370\ns 76 amd No. 84, 1993, s 6; No. 37, 2010, s 13\ns 78 amd No. 70, 1993, s 8\ns 79 amd No. 23, 2013, s 14; No. 4, 2023, s 23\npt 7 hdg sub No. 5, 2022, s 93\ns 88 amd No. 84, 1993, s 6; No. 25, 2009, s 4\nsub No. 5, 2022, s 93\nss 89 – 90 sub No. 5, 2022, s 93\ns 91 amd No. 84, 1993, s 6; No. 25, 2009, s 4\nsub No. 5, 2022, s 93\ns 92 sub No. 5, 2022, s 93\ns 93 amd No. 84, 1993, s 6; No. 92, 1998, s 6\nsub No. 44, 2000, s 9; No. 5, 2022, s 93\ns 94 sub No. 5, 2022, s 93\nss 94A – 94C ins No. 5, 2022, s 93\ns 96 amd No. 5, 2022, s 97\ns 98 amd No. 23, 2013, s 12\nss 99 – 100 amd No. 5, 2022, s 97\nss 101 – 102 amd No. 23, 2013, s 12; No. 5, 2022, s 97\ns 104 amd No. 5, 2022, s 97\ns 106 amd No. 23, 2013, s 16; No. 5, 2022, s 94\ns 108 amd No. 50, 1994, s 16\npt 10 hdg ins No. 19, 2021, s 39\nsub No. 5, 2022, s 95\npt 10\ndiv 1 hdg ins No. 5, 2022, s 95\nss 109 – 110 ins No. 19, 2021, s 39\npt 10\ndiv 2 hdg ins No. 5, 2022, s 96\ns 111 ins No. 5, 2022, s 96\nsch 1 amd No. 92, 1998, s 6\nrep No. 44, 2000, s 10","sortOrder":104}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.6","source":"moonshot-batch-reanalyse","citationCount":12,"completionTokens":5132},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"While the Act remains fundamentally about managing Crown land, successive amendments have expanded its scope beyond the original 1992 framework. Notably, the 2022 rewrite of Part 7 introduced a detailed licensing regime for non-exclusive land use with explicit fee, royalty, and additional royalty structures, and new rights for service provision (sewerage, water, energy, communications). Transitional provisions for economic reconstruction have also been added, shifting the Act from a traditional land tenure statute toward a more detailed economic and infrastructure management instrument."},"complexity_factors":["29 defined terms in section 3, many referencing external statutes such as the Land Title Act 2000 and Pastoral Land Act 1992","Nested exceptions to public disposal requirements in sections 12(2)-(7), allowing direct grants, adjoining land additions, and consolidations without auction or tender","Part 3 Division 3 contains interlocking lease machinery: five-year rent re-appraisement (section 50), forfeiture with mortgagee protections (sections 38-39), and subdivision/consolidation rules (sections 42-44)","Extensive cross-referencing to at least six other Acts including the Planning Act 1999, Local Government Act 2019, Mineral Titles Act 2010, Petroleum Act 1984, and Law of Property Act 2000","Part 5 establishes a layered resumption and reservation framework requiring Legislative Assembly approval for revocation of certain reserves (section 76(5)-(8)) and variable notice periods (section 80)","Part 7 licence scheme (as rewritten in 2022) imposes tiered financial obligations including licence fees, royalties, and additional royalties (sections 94-94C) with ministerial discretion to vary conditions during the term"],"plain_english_summary":"This Act is the main law governing **Crown land** in the Northern Territory — land owned by the Territory government. It sets out how that land can be sold (granted as freehold), leased, licensed, or reserved for public use, and the rights and obligations of people who hold an interest in it.\n\n**What the Act covers**\n\n- **Selling and leasing land**: The Territory must generally offer Crown land to the public through applications, auctions, tenders, or ballots before granting a **freehold estate** (outright ownership) or a **lease**. There are exceptions, such as adding adjoining land to an existing property, consolidating leases, or fulfilling pre-existing legal rights.\n- **Lease conditions**: Leases can be for a fixed term or granted 'in perpetuity' (indefinitely). They come with standard conditions, including paying rent annually, using the land only for the agreed purpose, and allowing the Minister to enter and inspect. Rent is subject to re-appraisement (review) at set intervals. If a lessee breaches a condition, the lease can be forfeited (taken back), though there are objection and review rights.\n- **Freehold conditions**: When land is sold outright, the Territory usually keeps rights to any minerals, oil, and gas underneath. The owner does not automatically get rights to water on the land. There is a cap on how much land can be granted to one person: no more than 150 square kilometres.\n- **Licences**: The Minister may grant **licences**, which are non-exclusive permits to access or use Crown land — for example, to remove gravel or to install infrastructure for sewerage, water, power, or communications. Licences do not give exclusive possession and can be subject to fees and royalties.\n- **Reservations and resumptions**: The government can **resume** (take back) leased land or **reserve** unleased land for public purposes such as parks, roads, Aboriginal community use, conservation, or water storage. If leased land is resumed, the lessee is generally entitled to compensation for improvements (like buildings) and for loss of the lease.\n- **Roads**: Local government councils can have ownership of public roads formally transferred (vested) in them.\n- **Objections and reviews**: People who disagree with rent re-appraisements, valuations, forfeitures, or compensation assessments can object and, if still dissatisfied, can have the matter reviewed by the Land and Valuation Review Tribunal.\n- **Aboriginal rights**: Leases may contain reservations allowing Aboriginal people who traditionally use the land to continue accessing it for food, water, and ceremonial purposes.\n- **Enforcement**: The Act includes offences for things like unlawfully grazing stock, removing timber without authority, or interfering with Aboriginal rights reserved in a lease."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The act has expanded significantly beyond its original consolidation purpose in 1992. Notable additions include a comprehensive licensing regime in Part 7 (substantially rewritten in 2022), detailed provisions for road vesting in Part 4, and extensive transitional provisions for economic reconstruction. These additions increased the scope of government control over Crown land uses beyond traditional leases and freehold grants."},"complexity_factors":["Over 30 defined terms in section 3","Cross-references to multiple other Acts (Land Title Act, Planning Act, Valuation of Land Act, Pastoral Land Act, etc.)","Exemptions and exceptions in disposal methods (section 12 allows bypassing auctions)","Conditional provisions for lease forfeiture and rent re-appraisement","Nested divisions in Part 3 (alienation, estates in fee simple, leases, easements)","Transitional provisions in Part 10 with specific commencement rules","Length: 111 sections across 56 pages","Multiple classes of leases (term, perpetuity) and licences with separate regimes"],"plain_english_summary":"This law governs how the Northern Territory government manages, sells, or leases Crown land (land owned by the government). It covers everything from selling full ownership (freehold) to granting temporary leases and licences. The process typically requires public auctions, tenders, or applications, though there are exceptions. The government can put conditions on land use, including reserving mineral rights, allowing Aboriginal access, and setting aside land for roads or public purposes. It also deals with rent, penalties for breaches, and how the government can resume land (take it back) for public projects, with compensation. This affects anyone wanting to use or buy Crown land in the NT, including businesses, farmers, developers, Aboriginal communities, and local councils. It matters because it controls land development, property rights, and economic activity in the Territory."}},"importantCases":[],"_links":{"self":"/api/acts/crown-lands-act-1992","history":"/api/acts/crown-lands-act-1992/history","analysis":"/api/acts/crown-lands-act-1992/analysis","conflicts":"/api/acts/crown-lands-act-1992/conflicts","importantCases":"/api/acts/crown-lands-act-1992/important-cases","documents":"/api/acts/crown-lands-act-1992/documents"}}