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Crown Lands Act 1992
75Title of and use by persons who have an interest in land
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75 Title of and use by persons who have an interest in land
(1) Subject to subsection (3), the power of a person who has an
interest in land on which there is a road or mall or a part of a road
or mall does not include power to deal with it or use it, or permit it to
be used, in a manner inconsistent with the use of the road or mall
according to its status as a road or mall.
(2) Subject to subsection (3), nothing contained in the Control of Roads
Act 1953 or the Local Government Act 2019 operates to limit the
power of a person who has an interest in land to deal with the land
under the Land Title Act 2000, but neither the vesting or registration
of title to land nor a dealing with land under the Land Title Act 2000
affects the status of a public road or mall for the purposes of a law
in force in the Territory or divests the person in whom a road, or the
care, control and management of land, is vested by virtue of the
Control of Roads Act 1953 or the Local Government Act 2019:
(a) of the road as a road; or
(b) of a power, function, right or obligation in relation to the road
or mall as a road or mall, as the case may be.
(3) Where under section 73 land is vested in a local government
council and the council has an interest as lessee of or as the
proprietor of an estate in fee simple in land contiguous to that land,
the council may, with the approval in writing of the Minister, where
the Minister is of the opinion that by its so doing vehicular traffic
across the land will not be prevented:
Crown Lands Act 1992 32
(a) erect on the land such things:
(i) as are necessary for the support of structures erected
over the land or on that contiguous land; or
(ii) as are necessary or convenient to facilitate and control
access to and egress from that contiguous land; and
(b) notwithstanding the Control of Roads Act 1953, use the land in
such manner as it thinks fit to facilitate the use of a structure
erected over the land, or on that contiguous land, for the
purpose for which it was so erected.
(4) Neither the vesting or registration of title to land nor any dealing
with land affects the rights of the Territory, the Commonwealth, a
public authority of the Territory or a public authority of the
Commonwealth to use a road or mall for the provision and
maintenance of services or for any other public purpose.