Part 3Property

Part 3—Property Division 1—Vesting of property 15—Property of Crown (1) Subject to subsection (2), the following property is vested in the Minister— (a) all adjacent and subjacent land; (b) all wharves, docks, jetties and other structures that are situated in a harbor; (c) all wharves, docks, jetties and other structures situated outside a harbor but on adjacent or subjacent land; (d) all navigational aids within the jurisdiction. (2) The land that is vested in the Minister under this section is vested for an estate in fee simple but subject to any pre-existing registered interests in that land. (3) This section does not apply to— (a) real or personal property vested in the Commonwealth, a council, or in private ownership at the commencement of this Act or subsequently transferred to the Commonwealth, a council or to private ownership; or (ab) all wharves, docks, jetties and other structures in private ownership that are situated in a harbor or outside a harbor but on adjacent or subjacent land, constructed after the commencement of this Act; or (b) land that forms part of a reserve under the National Parks and Wildlife Act 1972; or (c) real or personal property excluded by regulation from the ambit of this section. (4) The Crown Lands Act 1929 does not apply in relation to land vested in the Minister under this Act but the Crown may, with the concurrence of the Minister, exercise any other power that it has to grant a lease or licence over its land in relation to land vested in the Minister under this Act. Division 2—Acquisition of land 16—Acquisition of land (1) The Minister may acquire land— (a) for the purpose of establishing or improving a harbor or harbor facilities; or (b) for the purposes of facilitating industrial or commercial development associated with or to be associated with a harbor. (2) The Land Acquisition Act 1969 applies to the acquisition of land under this section. Division 3—Resumption of land 17—Resumption The Governor may, by proclamation, resume land held by a council or other public authority as a reserve, street, road or for other public purposes— (a) for the purpose of establishing or improving a harbor or harbor facilities; or (b) for the purposes of facilitating industrial or commercial development associated with or to be associated with a harbor. Division 4—Care, control and management of property 18—Care, control and management of property (1) The Governor may, by proclamation, place any adjacent or subjacent land belonging to the Minister or any structure belonging to the Minister on adjacent or subjacent land, under the care, control and management of— (a) any Minister of the Crown; or (b) a council; or (c) the Coast Protection Board; or (d) any other authority or body. (2) A proclamation under subsection (1)— (a) may impose conditions in relation to the care, control and management of the land or structure to which it relates; and (b) may be varied or revoked by a later proclamation. (3) A proclamation under subsection (1) may not be made in relation to land, or a structure on land, that is within the area of a council unless the council has been consulted and given an opportunity to make representations on the matter. (4) Subject to any provision made by proclamation under this section, adjacent and subjacent land and structures situated on adjacent or subjacent land (except land and structures in private ownership) are— (a) if within the area of a council but not within a harbor—under the care, control and management of the council; and (b) in any other case—under the care, control and management of the Minister. 18A—By-laws (1) A council may, with the approval of the relevant authority, make by-laws that operate in relation to— (a) a port or part of a port; or (b) a harbor or part of a harbor; or (c) adjacent or subjacent land that is neither within a port nor a harbor. (1a) The relevant authority is— (a) for a port—the port operator; or (b) in any other case—the Minister. (2) The Local Government Act 1999 applies to by-laws made under this section as if— (a) any part of the harbor or land in relation to which the by-laws operate that is not within the area of the council were within the area of the council; and (b) any part of the harbor or land in relation to which the by-laws operate that is not under the care, control and management of the council were under the care, control and management of the council. (3) The Governor may at any time, by notice in the Gazette, revoke by-laws made under this section. (4) The Minister must consult with the council concerned before by-laws are revoked under subsection (3). Division 5—Dealings with property 19—Power to grant leases and licences over land (1) The Minister may, on such terms and conditions as the Minister thinks fit, grant a lease of, a licence over, or other rights to occupy or use, land or a structure that is under the Minister's care, control and management under this Act. (2) The Minister may, on such terms and conditions as the Minister thinks fit, sell or otherwise dispose of land or a structure that is under the Minister's care, control and management under this Act. (3) An authority or body may, with the Minister's approval, grant a lease of, a licence over, or other rights to occupy or use, land or a structure under its care, control and management under this Act.