sec.43Only Parliament may delete land from or cancel an existing deed of grant in trust

### sec.43 Only Parliament may delete land from or cancel an existing deed of grant in trust Only an Act may— delete land from an existing deed of grant in trust; or cancel an existing deed of grant in trust. This section has effect despite sections 37 and 38 . Subsection (1) (b) does not apply to the cancellation of a deed of grant in trust under section 358 for the purposes of an amalgamation under section 42A . For subsection (1) , an interest in land in an existing deed of grant in trust may be taken under the Acquisition Act by a constructing authority. However, an interest in land in an existing deed of grant in trust may be taken under the Acquisition Act only for a relevant purpose. To remove any doubt, it is declared that, for taking an interest in land in an existing deed of grant in trust under the Acquisition Act , the land is land as defined in that Act. Subsection (1) does not apply to a deletion of land from an existing deed of grant in trust, or the cancellation of an existing deed of grant in trust, as a result of the taking of the land under the Acquisition Act . In this section— Acquisition Act means the Acquisition of Land Act 1967 . relevant purpose means any purpose for which land may be taken under the Acquisition Act by a constructing authority, other than a purpose under— the State Development and Public Works Organisation Act 1971 ; or the Petroleum and Gas (Production and Safety) Act 2004 ; or the Greenhouse Gas Storage Act 2009 ; or the Geothermal Energy Act 2010 . s 43 amd 2007 No. 19 s 32 ; 2008 No. 29 s 62 ; 2009 No. 3 s 502 ; 2010 No. 31 s 585 sch 2 pt 4 (sec.43-ssec.1) Only an Act may— delete land from an existing deed of grant in trust; or cancel an existing deed of grant in trust. (sec.43-ssec.2) This section has effect despite sections 37 and 38 . (sec.43-ssec.3) Subsection (1) (b) does not apply to the cancellation of a deed of grant in trust under section 358 for the purposes of an amalgamation under section 42A . (sec.43-ssec.4) For subsection (1) , an interest in land in an existing deed of grant in trust may be taken under the Acquisition Act by a constructing authority. (sec.43-ssec.5) However, an interest in land in an existing deed of grant in trust may be taken under the Acquisition Act only for a relevant purpose. (sec.43-ssec.6) To remove any doubt, it is declared that, for taking an interest in land in an existing deed of grant in trust under the Acquisition Act , the land is land as defined in that Act. (sec.43-ssec.7) Subsection (1) does not apply to a deletion of land from an existing deed of grant in trust, or the cancellation of an existing deed of grant in trust, as a result of the taking of the land under the Acquisition Act . (sec.43-ssec.8) In this section— Acquisition Act means the Acquisition of Land Act 1967 . relevant purpose means any purpose for which land may be taken under the Acquisition Act by a constructing authority, other than a purpose under— the State Development and Public Works Organisation Act 1971 ; or the Petroleum and Gas (Production and Safety) Act 2004 ; or the Greenhouse Gas Storage Act 2009 ; or the Geothermal Energy Act 2010 . - (a) delete land from an existing deed of grant in trust; or - (b) cancel an existing deed of grant in trust. - (a) the State Development and Public Works Organisation Act 1971 ; or - (b) the Petroleum and Gas (Production and Safety) Act 2004 ; or - (c) the Greenhouse Gas Storage Act 2009 ; or - (d) the Geothermal Energy Act 2010 .