{"id":"F2016L00762","name":"Norfolk Island Land Transfer Ordinance 2016","slug":"norfolk-island-land-transfer-ordinance-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438724,"registerId":"F2016L00762-fast-fetch-1775955031169","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Norfolk Island Land Transfer Ordinance 2016","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.jpeg)\n\n \n\nNorfolk Island Land Transfer Ordinance 2016\n\n \n\nOrdinance No. 7, 2016\n\nI, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Ordinance.\n\nDated 05 May 2016\n\nPeter Cosgrove\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nPaul Fletcher\n\nMinister for Territories, Local Government and Major Projects\n\n \n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Minister may transfer certain Norfolk Island land\n\n5 Registering transfers\n\n6 Exemptions for transfers\n\n7 Liabilities also transfer\n\n8 Acquisitions must be on just terms\n\n \n\n1  Name\n\n  This is the Norfolk Island Land Transfer Ordinance 2016.\n\n2  Commencement\n\n (1) Each provision of this Ordinance specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this Ordinance The day after this Ordinance is registered. 11 May 2016\n\n\nNote: This table relates only to the provisions of this Ordinance as originally made. It will not be amended to deal with any later amendments of this Ordinance.\n\n (2) Any information in column 3 of the table is not part of this Ordinance. Information may be inserted in this column, or information in it may be edited, in any published version of this Ordinance.\n\n3  Authority\n\n  This Ordinance is made under section 19A of the Norfolk Island Act 1979.\n\n4  Minister may transfer certain Norfolk Island land\n\n (1) The Minister may, by writing signed by the Minister, transfer an interest in land situated on Norfolk Island as follows:\n\n (a) an interest held by the Commonwealth may be transferred to the Administration or the Norfolk Island Regional Council;\n\n (b) an interest held by the Administration or the Norfolk Island Regional Council may be transferred to the Commonwealth.\n\n (2) The transfer may be compulsory or may give effect to an agreement between the Commonwealth and the Administration or the Norfolk Island Regional Council.\n\n (3) The transfer has effect without any other act, requirement or condition, but may be made subject to conditions specified by the Minister in the instrument that effects the transfer.\n\nNote: The Lands Acquisition Act 1989 does not prevent or affect the making or operation of this section: see section 62 of the Norfolk Island Act 1979, and subsection 5(3) of the Lands Acquisition Act 1989.\n\n5  Registering transfers\n\n (1) If an interest is transferred under this Ordinance, the Minister may:\n\n (a) sign a certificate that:\n\n (i) identifies the interest, whether by reference to a map or otherwise; and\n\n (ii) states that the interest has been transferred under this Ordinance to the Commonwealth, the Administration or the Norfolk Island Regional Council, as the case requires; and\n\n (b) lodge the certificate with the person (the land registration official) who deals with the registration of such interests.\n\n (2) The land registration official may register the transfer and ownership of the interest in a way that is the same as, or similar to, the way in which such transfers and ownerships are usually registered.\n\n6  Exemptions for transfers\n\n  No tax or fee (however described) is payable in relation to an interest transferred under this Ordinance.\n\nNote: This means, for example, that no levy will be payable under the Business Transactions (Levy Imposition) Act 2006 (Norfolk Island) in relation to a transfer under subsection 4(1).\n\n7  Liabilities also transfer\n\n  If an interest is transferred under this Ordinance, any liability arising from previous ownership of the interest by the Commonwealth, the Administration or the Norfolk Island Regional Council is transferred with the interest (whether or not the liability has arisen when the interest is transferred).\n\n8  Acquisitions must be on just terms\n\n  Land must not be acquired under this Ordinance otherwise than on just terms.\n\nNote: This section is required by subsection 62(2) of the Norfolk Island Act 1979.\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of facilitating land transfers between the Commonwealth, Norfolk Island Administration, and Norfolk Island Regional Council. No scope creep is evident; the 8 sections directly address the specific administrative need arising from the 2015 governance reforms without expanding into broader land management or planning matters."},"complexity_factors":["Only 8 sections total, with minimal cross-referencing","No defined terms section; ordinary words used in ordinary meanings","Simple conditional structure: if transfer happens → then these consequences follow","Single purpose legislation with straightforward operative provisions","Only one substantive power (section 4) with clear limitations on who can hold what","Minimal exceptions: only one exemption (section 6) and one condition (section 8)"],"plain_english_summary":"This law lets the Minister for Territories move land interests between the Commonwealth, the Norfolk Island Administration and the Norfolk Island Regional Council—by agreement or compulsorily—so ownership and associated debts transfer cleanly, without stamp duty or fees, while requiring just terms compensation when land is acquired. It affects those three governments and land registrars and streamlines post‑2015 reorganisation of Norfolk Island public land."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This Ordinance operationalises the transfer power granted under section 19A of the Norfolk Island Act 1979 (section 3) rather than expanding it. It sets mechanics for transfers, registration, tax exemptions and liability transfer while preserving the requirement for just terms and noting the Lands Acquisition Act interaction (sections 4–8; note to section 4)."},"complexity_factors":["Ministerial discretion to transfer land and to specify conditions in the transfer instrument (section 4(1)–(3))","Permits both compulsory and consensual transfers, creating potential compensation obligations (section 4(2); section 8)","Transfers take effect without further acts but may be conditioned by the Minister, increasing administrative discretion (section 4(3))","Registration mechanics rely on lodging a Minister’s certificate with the local land registration official and allow flexible registration methods (section 5)","Broad, undefined legal phrase 'interest in land' increases scope uncertainty about what rights may be moved (section 4(1))","Transfers carry any liabilities arising from prior ownership, shifting contingent liabilities between parties (section 7)","Explicit tax/fee exemption removes usual revenue triggers and may affect transaction costs and incentives (section 6)","Interplay with other statutes is noted (power under section 19A of Norfolk Island Act 1979; Lands Acquisition Act 1989 not preventing this operation), creating cross‑legislation interpretation needs (section 3 and note to section 4)"],"plain_english_summary":"Gives the Minister the power to transfer interests in Norfolk Island land between the Commonwealth, the local Administration and the Norfolk Island Regional Council, either by agreement or compulsorily, by a signed written instrument. Transfers take effect on signature, can be registered, are exempt from taxes or fees, carry existing liabilities and must be on just terms (i.e. compensation). It affects owners, local bodies and the Commonwealth by shifting property rights, registration duties and compensation costs."}},"importantCases":[],"_links":{"self":"/api/acts/norfolk-island-land-transfer-ordinance-2016","history":"/api/acts/norfolk-island-land-transfer-ordinance-2016/history","analysis":"/api/acts/norfolk-island-land-transfer-ordinance-2016/analysis","conflicts":"/api/acts/norfolk-island-land-transfer-ordinance-2016/conflicts","importantCases":"/api/acts/norfolk-island-land-transfer-ordinance-2016/important-cases","documents":"/api/acts/norfolk-island-land-transfer-ordinance-2016/documents"}}