339AAlienation of Crown land in strata

339A Alienation of Crown land in strata (1) A provision of this Act that authorises the sale or alienation in fee simple of Crown land authorises the sale or alienation of— (a) Crown land that is not limited to a particular stratum; or (b) a stratum of Crown land. (2) Subsection (1) does not affect or take away from any entitlement that a person may have under a provision of this Act or a lease under this Act to the issue of a Crown grant for any land. (3) The Minister must not recommend to the Governor in Council that a Crown grant for a stratum of Crown land be issued under this Act unless the Minister is satisfied that— (a) the proposed grantee and the grantee's successors in title can obtain reasonable access to and use of the land; and (b) the grant would not interfere with the exercise of rights by the registered proprietor, lessee or licensee of other land; and (c) provision has been made (in the grant or otherwise) for any necessary rights of support of the stratum and any other land and of any building or structure erected or to be erected on those lands; and (d) provision has been made (in the grant or otherwise) for any necessary rights for the passage or provision of services (including drainage, sewerage, or the supply of water, gas, electricity or telephone) to or through the stratum, where those rights are necessary for the reasonable enjoyment of the stratum or other land; and (e) in the case of land described in subsection (6)(a) to (d), the exercise of the grantee's rights under the grant will not interfere with the use of that land by the public. (4) In determining whether the requirements of subsection (3)(a), (c) and (d), have been met the matters which the Minister may take into account include, but are not limited to, any of the following— (a) the fact that the proposed grantee is the owner, lessee or occupier of land that can be used for access to or support of the stratum and for services to or through the stratum; (b) the fact that the proposed grantee has obtained rights over neighbouring land sufficient to enable access to or support of the stratum or for services to or through the stratum, whether those rights are proprietary or not, and however they are created; (c) the extent to which the rights referred to in paragraph (b) are capable of being enjoyed by the grantee's successors in title. (5) The issue of a Crown grant for a stratum of Crown land is conclusive proof of compliance with subsection (3). (6) Despite anything in this Act or the **Crown Land (Reserves) Act 1978**, a Crown grant may be issued for a stratum of Crown land even though the land is— (b) proclaimed as a road or public highway; or (c) reserved as a road under the **Crown Land (Reserves) Act 1978**; or S. 339A(6)(d) amended by No. 12/2004 s. 161(2). if the stratum to be granted does not include the level at which the road is constructed. (7) On the date of issue of a Crown grant for a stratum of Crown land above or below any land on which a road is constructed— (a) any reservation of the land as a road is revoked to the extent that it applies to that stratum; and S. 339A(7)(b) amended by No. 6/2010 s. 203(1) (Sch. 6 item 27.2) (as amended by No. 45/2010 s. 22). (b) that stratum ceases to be a proclaimed road or public highway and ceases to be a road within the meaning of the **Road Management Act 2004**; and (c) the stratum ceases to be a road and all rights, easements and privileges, existing or claimed either in the public or by any body or person as incident to any express or implied grant or dedication or supposed dedication or by use or operation of law or otherwise, cease. (8) Without limiting what may be included in a Crown grant for a stratum of Crown land, the terms, conditions, covenants, exceptions, reservations or limitations in the grant may provide for any of the following— (a) access to other land over the land in the grant; (b) the support of the stratum or other land or any building or structure erected or to be erected on those lands; (c) prevention of interference by the grantee and the grantee's successors in title with the use or enjoyment of other land; (d) the prevention of interference by the grantee and the grantee's successors in title with the use of any road by the public and the protection, maintenance and management of a road below or above the stratum. (9) No compensation is payable by the Crown in respect of anything done under or arising out of subsections (6) or (7). S. 339B inserted by No. 79/1993 s. 8.