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—