54Crown lands to be alienated as regards surface only

### 54 Crown lands to be alienated as regards surface only > > (1)  [*\[Section 54 Subsection (1) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003\]*](/view/html/inforce/2003-04-16/act-2003-009#JS1@Ja13@GC3@Hpa@EN) All Crown land which is sold or in respect of which a lease or licence (other than a lease or licence under the [Mineral Resources Development Act 1995](/view/html/inforce/2026-04-12/act-1995-116) ) is issued, shall be deemed to have been sold or a lease or licence in respect thereof issued only as regards the surface, and to a depth of 15 metres below the surface unless the Minister, in any case, otherwise determines. > > > (2)  [*\[Section 54 Subsection (2) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003\]*](/view/html/inforce/2003-04-16/act-2003-009#JS1@Ja13@GC3@Hpb@EN) *\[Section 54 Subsection (2) amended by No. 98 of 1986, s. 8 \]*Subject to the [Water Management Act 1999](/view/html/inforce/2026-04-12/act-1999-045) , nothing in [subsection (1)](#GS54@Gs1@EN) or in any direction given by the Minister shall be construed to restrict the right of the owner, lessee, or licensee of the surface to sink wells for water and to use and enjoy any wells and springs which may at that time be found upon the land and which supply water for domestic, farming, agricultural, manufacturing, or irrigation purposes; and with respect to those wells and springs the owner, lessee, or licensee shall have rights as though he held or occupied the land without any limitation as to depth. > > > (3)  [*\[Section 54 Subsection (3) omitted by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003\]*](/view/html/inforce/2003-04-16/act-2003-009#JS1@Ja13@GC3@Hpc@EN) .  .  .  .  .  .  .  .   > > > (4)  *\[Section 54 Subsection (4) added by No. 98 of 1986, s. 8 and Sched. 1 \]*This section has effect notwithstanding the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) .