Major Transport Projects Facilitation Act 2009
183Reservation of surplus land—Crown
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183 Reservation of surplus land—Crown
(1) The Project Minister, after consulting the Minister administering the Crown Land (Reserves) Act 1978, may recommend to the Governor in Council that an Order be made under this section in respect of all or part of any surplus land that is Crown land.
(2) On the recommendation of the Project Minister under subsection (1), the Governor in Council, by Order published in the Government Gazette, may—
(a) if the relevant surplus land is reserved Crown land—
(i) revoke the reservation including, as necessary, the following—
(A) any Order in Council reserving the land;
(B) any Crown grant, certificate of title or folio of the Register issued or created with respect to the land; and
(ii) reserve the relevant surplus land for a public purpose; or
(b) if the relevant surplus land is unreserved Crown land, reserve the relevant surplus land for a public purpose.
(3) An Order published under this section must state the purpose for which the land that is the subject of the Order is reserved.
(4) On the publication of an Order under this section in respect of surplus land that is reserved Crown land—
(a) subject to paragraph (e), that land is taken to be unalienated land of the Crown freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and
(b) without limiting paragraph (a), any reservation of that land under the Crown Land (Reserves) Act 1978 in force immediately before that publication is revoked; and
(c) the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and
(d) any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land; and
(e) that land is taken to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for the purpose stated in the Order.
(5) On the publication of an Order under this section in respect of surplus land that is unreserved Crown land—
(a) subject to paragraph (b), that land is taken to be unalienated land of the Crown freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and
(b) that land is taken to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for the purpose stated in the Order.
(6) The reservation of land under subsection (4)(e) or (5)(b) may be amended, revoked or otherwise dealt with in accordance with—