97Transfer of Crown land

97 Transfer of Crown land

(1)  Within 2 years after the conversion day, the Governor may declare, by proclamation, that the Crown land specified in the proclamation vests in a Government Business Enterprise or subsidiary if –

(a) [Section 97 Subsection (1) amended by No. 42 of 2002, Sched. 1, Applied:27 Nov 2002] the Portfolio Minister and Treasurer have jointly recommended the transfer of the Crown land to the Government Business Enterprise or subsidiary; and

(b) the Government Business Enterprise or subsidiary has agreed to the transfer.

(2)  The Ministers referred to in subsection (1) must not make a recommendation under that subsection unless they have consulted with the Minister administering the Crown Lands Act 1976 .

(3)  On the notification in the Gazette of the making of a proclamation under subsection (1) , the Crown land specified in the proclamation vests in the Government Business Enterprise or subsidiary specified in the proclamation either absolutely and free from all encumbrances or subject to an estate or interest in land of a person, as specified in the proclamation.

(4)  A proclamation under subsection (1) may specify that the Government Business Enterprise or subsidiary is liable to make compensation (whether by assumption of liabilities or otherwise) in respect of the transfer of the Crown land.

(5)  If, immediately before Crown land vests absolutely and free from all encumbrances in a Government Business Enterprise or subsidiary under subsection (3) , a person had an estate or interest in the land, the Government Business Enterprise or subsidiary must pay to that person compensation determined in the same manner as a disputed claim for compensation under the Land Acquisition Act 1993 .

(6)  [Section 97 Subsection (6) amended by No. 42 of 2002, s. 45, Applied:27 Nov 2002] On the recommendation of the Portfolio Minister, the Treasurer may, by order, exempt a Government Business Enterprise from any liability to pay all or any State charges as specified in the order in respect of the vesting of land in the Government Business Enterprise under this section.