209Resumption of land for roads

209 Resumption of land for roads S. 209(1) amended by No. 8461 s. 35(a), substituted by No. 121/1986 s. 112. (1) If, in the opinion of the Governor in Council, there is no convenient access to any portion of Crown land, the Governor in Council may by notice in the Government Gazette resume any land (not exceeding 40 metres in width) which is required for the purpose of providing the access. S. 209(1A) inserted by No. 121/1986 s. 112. (1A) Upon the resumption, the Minister must enter and take possession of the land and proceed as if the land were land which the Minister was authorized by Act of Parliament to acquire compulsorily. S. 209(1B) inserted by No. 121/1986 s. 112. (1B) The **Land Acquisition and Compensation Act 1986** applies to the entry and taking of possession of the land by the Minister and the payment of compensation and for that purpose— (a) the **Land Act 1958** is the special Act; and (b) the Minister is the Authority. S. 209(2) amended by Nos 8461 s. 35(b), 10011 s. 16(1)(a)–(d), 25/2023 s. 7(Sch. 1 item 17.22). (2) Where in the opinion of the Minister there is no convenient access to any portion of Crown lands or where any portion of Crown lands lies between and adjoins any land and any highway, road, creek, river or lake or where any portion of Crown lands forms the only convenient approach to any such land, or where buildings erected on such lands alienated encroach upon any portion of Crown lands, or where, in the opinion of the Minister, the proper and most efficient use of the Crown land is use in conjunction with adjoining freehold land, the Minister on behalf of His Majesty may sell such portion of Crown lands not exceeding 13 hectares to the owner of the adjacent freehold land, at a price and on terms and conditions which the Minister thinks fit. Notwithstanding anything in any Act for the purposes of this subsection any reference herein to the owner of the adjacent freehold land shall be deemed and taken to include a reference to the executor of the will or the administrator of the estate of such an owner. S. 209(3) substituted by No. 10011 s. 16(2). (3) When the purchase price of land sold under this section is paid in full the Governor in Council shall grant in fee simple the land to the purchaser. S. 209(4) inserted by No. 10011 s. 16(2). (4) A Crown grant made under subsection (3) may be made subject to the condition that, within the time specified by the Minister, the person to whom the grant is made shall— S. 209(4)(a) amended by No. 48/1991 s. 77(1)(a)(b). (a) submit for certification under the **Subdivision Act 1988** to the council of the municipality of the municipal district in which the land is situated a plan of consolidation of the area formed by the land granted and the adjacent freehold land described in the grant; and S. 209(4)(b) substituted by No. 48/1991 s. 77(1)(c). (b) where the plan of consolidation is certified by the Council, lodge the plan with the Registrar of Titles for registration under that Act. S. 209(5) inserted by No. 10011 s. 16(2). (5) Where a Crown grant is made subject to a condition provided for in subsection (4), failure to comply with the condition within the time specified by the Minister shall render the grant null and void and the Minister may take and re‑enter the land as if the grant had not been made and the money paid to purchase the land shall be forfeited to the Crown. No. 3709 s. 173.