NTIn ForceAct
Crown Lands Act 1992
13Notice of lands available, &c.
Start here
Get a plain-English read of 13
Turn the raw legal text into a practical explanation grounded in Crown Lands Act 1992.
13 Notice of lands available, &c.
(1) Where the Minister proposes:
(a) to invite applications for a lease or for the grant of an estate in
fee simple; or
(b) to sell an estate in fee simple in or a lease of Crown land by
auction, ballot or tender,
he or she shall give notice in the Gazette of:
(c) in the case of an inviting of applications – the closing date for
receipt of applications and the place where applications must
be lodged;
(d) in the case of a sale by auction or ballot – the date, time and
place at which the auction or ballot will be conducted;
(e) in the case of a sale by tender – the closing date for the
submission of tenders, and the place where they must be
submitted;
(f) a general description of the lands and the nature of the
interests that will be sold; and
(g) the place at which a member of the public may obtain details
of the lands and the interests that will be sold.
(2) A notice referred to in subsection (1) shall be published in the
Gazette not earlier than 3 months or later than 28 days before the
applications are to close or the sale is to take place.
(3) Where the Minister proposes to include in a lease a provision by
virtue of which the lessee may acquire or claim a right to an estate
in fee simple or another lease, the description, referred to in
subsection (1)(f), of the nature of the interests that will be sold shall
include a reference to that right.
(4) Where a notice referred to in subsection (1) relating to the sale of
land by tender specifies a date as the closing date for the
submission of tenders, the Minister may before that closing date, by
notice in the Gazette, specify a later date as the closing date for the
submission of those tenders and that later date so specified shall
be the closing date accordingly.
(5) The Minister may include in a proposal for the sale by tender of an
estate in fee simple in or a lease of Crown land an invitation for
tenderers to submit proposals to the Minister in relation to the use
of the land, the terms and conditions to which the sale should be
Crown Lands Act 1992 9
subject and the covenants, if any, that should apply.
(6) A tender for the purchase of an estate in fee simple in or a lease of
Crown land may indicate the date until which the offer to purchase
remains open but, notwithstanding that such a date is indicated, the
offer may be withdrawn at any time before it is accepted.
(7) Where the Minister proposes to sell an estate in fee simple in or a
lease of Crown land by tender, the Minister may, before accepting
an offer by tender, negotiate with a tenderer the terms and
conditions to which the sale will be subject and the covenants, if
any, that will apply.
(8) The Minister is not bound to accept the highest, or any, tender for
the purchase of an estate in fee simple in or a lease of Crown land
offered for sale in pursuance of this section.
(9) The Minister may withdraw land from sale at any time before a
person obtains, or obtains a right to, an estate in fee simple in or a
lease of that land, notwithstanding that the Minister has given notice
under subsection (1) in relation to the land.