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Crown Land Management Act 2016
7ALand acquired for purpose of becoming Crown land once conditions met
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#### 7A Land acquired for purpose of becoming Crown land once conditions met
7A Land acquired for purpose of becoming Crown land once conditions met
> > (1) Land to which clause applies The Minister may, by notice published in the Gazette (whether before, on or after the repeal day), declare that this clause applies to specified land (conditional Crown land) if the Minister is satisfied that—
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> > > (a) the land was acquired by a reserve trust, and
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> > > (b) the land was not Crown land under the [Crown Lands Act 1989](/view/html/repealed/current/act-1989-006), and
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> > > (c) the land was acquired for the purpose of it becoming Crown land once certain conditions (the Crown vesting conditions) were met (including, for example, conditions relating to obtaining appropriate planning consents or approvals), and
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> > > (d) the Crown vesting conditions have not yet been met.
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> > (2) Special provisions for conditional Crown land The following provisions apply to conditional Crown land—
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> > > (a) for land declared to be conditional Crown land on or before the repeal day—the land does not become Crown land under this Act on the repeal day,
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> > > (b) for land declared to be conditional Crown land after the repeal day—the land is taken not to have become Crown land under this Act on the repeal day,
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> > > (c) the land is taken to have been vested in the successor of the reserve trust on the repeal day,
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> > > (d) subject to the regulations, the land is to be managed under this Act by the successor of the reserve trust while it remains conditional Crown land as if it were reserved Crown land under this Act.
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> > (3) Land remains conditional Crown land until it becomes Crown land, or is sold, under this clause.
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> > (4) When conditional Crown land can become Crown land If the Minister is satisfied that the Crown vesting conditions for conditional Crown land have been met, the Minister may publish a notice (a vesting notice) to that effect in the Gazette.
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> > (5) Conditional Crown land to which a vesting notice applies becomes Crown land when the notice takes effect.
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> > Note.
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> > See section 1.10 (When land becomes Crown land because of this Act).
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> > (6) Without limiting section 12.34 (Ministerial notices published in the Gazette may be combined), the Minister may dedicate or reserve conditional Crown land in a vesting notice on it becoming Crown land. For this purpose, Part 2 of this Act applies to the land as if it were already Crown land.
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> > (7) The appointment of the successor of the reserve trust as the Crown land manager of the land concerned is not affected by a vesting notice. However, if land is not dedicated or reserved under this Act when it becomes Crown land, the appointment in relation to that land is taken to have been revoked when the vesting notice takes effect.
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> > (8) When conditional Crown land can be sold The Minister may, by written notice given to the successor of a reserve trust in which conditional Crown land is taken to be vested by this clause (or any other person to or in which the land is subsequently transferred or vested), direct the successor (or other person) to sell the conditional Crown land if the Minister is satisfied that the Crown vesting conditions for the land are unlikely to be met.
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> > (9) The direction may authorise the successor of the reserve trust or other person to apply the proceeds of the sale of any conditional Crown land—
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> > > (a) for the purposes of the management and care of any Crown land that is managed by the successor of the reserve trust or other person as its Crown land manager, or
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> > > (b) for the purpose of acquiring other land.
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> > (10) The successor of the reserve trust or other person must comply with the direction.
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> > (11) Regulations The regulations may make provision for or with respect to the modification of the provisions of this Act in their application to conditional Crown land.
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> > (12) Application of clause to transitional reserve trusts The following provisions apply in relation to a transitional reserve trust—
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> > > (a) the Minister may make a declaration in accordance with this clause declaring land acquired by a transitional reserve trust before the repeal day to be land to which this clause applies,
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> > > (b) conditional Crown land of a transitional reserve trust is taken to have been vested in the reserve trust on the repeal day and, if the reserve trust is dissolved before the transition day, may be transferred by the Minister under clause 10A (2) (f) to a person to whom any of the assets, rights or liabilities of the dissolved reserve trust are transferred under that paragraph,
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> > > (c) subclause (2) (d) extends to a transitional reserve trust while it is vested with conditional Crown land and then to its successor,
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> > > (d) the Minister may publish a vesting notice in accordance with this clause in respect of conditional Crown land of a transitional reserve trust or former transitional reserve trust,
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> > > (e) the Minister may give a transitional reserve trust in which conditional Crown land is vested (or any other person to or in which the land is subsequently transferred or vested) a direction in accordance with this clause to sell the land.
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> > (13) Definition In this clause—
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> > successor of a reserve trust means—
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> > > (a) for a transitional reserve trust that is dissolved before the transition day—the person to whom the conditional Crown land concerned is transferred under clause 10A (2) (f), or
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> > > (b) for any other transitional reserve trust or other reserve trust—a person that is taken by clause 11 to have been appointed as the Crown land manager of the former trust land of the reserve trust (as defined in that clause).