59Surrender of land to the Crown

### 59 Surrender of land to the Crown > > (1)  The Minister may, in the name and on behalf of the Crown, accept the surrender of any land from any person entitled to surrender that land. > > > (2)  The surrender of any land pursuant to this section shall be effected by an instrument in a form approved by the Recorder of Titles, and, in relation to that land, the instrument is in this section referred to as an instrument of surrender. > > > (3)  *\[Section 59 Subsection (3) amended by No. 19 of 1980, s. 171 and Sched. 1 \]*Subject to the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) and the [Registration of Deeds Act 1935](/view/html/inforce/2026-04-12/act-1935-024) , where the surrender of any land is effected under this section that land reverts to and vests in the Crown freed and discharged from all estates and interests, except those to which the estates or interests of the person surrendering the land were subject and as may be otherwise provided in the instrument of surrender. > > > (4)  *\[Section 59 Subsection (4) amended by No. 19 of 1980, s. 171 and Sched. 1 \]*For the purposes of the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) an instrument of surrender shall be treated as an instrument that is in a form of transfer prescribed by that Act. > > > (5)  *\[Section 59 Subsection (5) omitted by No. 19 of 1980, s. 171 and Sched. 1 \]*.  .  .  .  .  .  .  .   > > > (6)  For the purposes of the [Registration of Deeds Act 1935](/view/html/inforce/2026-04-12/act-1935-024) an instrument of surrender in respect of any land shall be deemed to be an instrument executed for valuable consideration and the Minister shall be deemed to be a party thereto as purchaser of the land. > > > (7)  *\[Section 59 Subsection (7) omitted by No. 24 of 1993, s. 3 and Sched. 1 \]*.  .  .  .  .  .  .  .   > > > (8)  *\[Section 59 Subsection (8) amended by No. 19 of 1980, s. 171 and Sched. 1 \]*No fees are payable – > > > > > > (a) under the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) in respect of the registration of an instrument of surrender; or > > > > > > > (b) under the [Registration of Deeds Act 1935](/view/html/inforce/2026-04-12/act-1935-024) in respect of the registration of an instrument of surrender. > > > (9)  [*\[Section 59 Subsection (9) omitted by No. 15 of 2001, Sched. 2, Applied:01 Jul 2001\]*](/view/html/inforce/2001-07-01/act-2001-015#JS2@Ja7@GC1@EN) .  .  .  .  .  .  .  .   > > > (10)  Where any land has reverted to and revested in the Crown under this section that land may, subject to this section, be disposed of or otherwise dealt with in accordance with this Act, and the land shall be deemed to be Crown land. > > > (11)  *\[Section 59 Subsection (11) amended by No. 24 of 1993, s. 3 and Sched. 1 \]*Where the Minister accepts the surrender of any land under this section he may, in his absolute discretion, pay to the person surrendering the land such costs as he thinks fit and he may take the land under the [Land Acquisition Act 1993](/view/html/inforce/2026-04-12/act-1993-023) .