16Trust not to enter into land transactions without the consent or authority of the Minister

16 Trust not to enter into land transactions without the consent or authority of the Minister

16 Trust not to enter into land transactions without the consent or authority of the Minister

(1) A trust may not enter into any transaction with respect to the land vested in it, except as provided by this Division.

(2) Subject to section 19 (4), if a trust purports to enter into a land transaction that it is not empowered to enter into, the transaction is void.

(3) A trust established for a common located in the Western Division is not empowered to enter into any transaction involving the alienation of the land vested in the trust.

(4) Subject to subsection (3), a trust may enter into a transaction in respect of land vested in it but only if:

(a) the Minister has, on the application of the trust, consented to the transaction, or

(b) the trust has a general authority from the Minister to enter into transactions of that kind,

and in either case:

(c) the transaction and the instrument that gives effect to it comply with any requirements that the Minister may have imposed in giving that consent or when granting that authority, and

(d) where appropriate, the trust has complied with subsections (6) and (7).

(5) An application referred to in subsection (4) (a) must specify full particulars of the proposed transaction.

(6) If a trust established for a common located in the Eastern and Central Division proposes to sell any of the land vested in it, it must publish a notice specifying:

(a) the date of the decision to sell that land and the terms of the proposed sale, and

(b) the location of that land, and

(c) such other particulars (if any) as are prescribed.

(6A) The notice must be published in:

(a) a newspaper that circulates in the area in which the land concerned is located, or

(b) a manner approved in writing by the Minister having regard to the object of bringing notices of that kind to the attention of members of the public in the areas in which the relevant land is located.