17Grant of land to facilitating agency

17 Grant of land to facilitating agency (1) The Governor in Council on behalf of the Crown may grant to a facilitating agency for the purposes of a nominated project for an estate in fee simple— S. 17(1)(a) amended by No. 46/1997 s. 10. (a) land divested or surrendered under section 18 or 18A; or (b) any other unalienated land of the Crown that is not reserved under the **Crown Land (Reserves) Act 1978**. (2) A grant of land— (a) under subsection (1)(a) must be made on the recommendation of the responsible Minister; (b) under subsection (1)(b) must be made on the recommendation of the Minister administering Part IX of the **Land Act 1958**. (3) The Governor in Council may, as a condition of granting land to a facilitating agency, require it to agree to pay into the Consolidated Fund or, if the land was surrendered by or divested from a public body, to that body, an amount or amounts at the times or over the period determined by the Governor in Council. (4) A condition under subsection (3) may only be imposed on the joint recommendation of— (a) the responsible Minister and the Minister responsible for the public body, in the case of land surrendered by or divested from a public body; or (b) the responsible Minister and the Minister administering Part IX of the **Land Act 1958**, in any other case. (5) The grant— (a) if it is of land covered with waters of the sea, must be to a depth not greater than 60 metres below high water mark; and (b) if it is for other land, must be to a depth not greater than 60 metres below the surface of the land; and (c) may contain any other terms, covenants, conditions or limitations that the Governor in Council determines. (6) Land may be granted to a facilitating agency with or without consideration being given by the facilitating agency. (7) Sections 339A and 339B of the **Land Act 1958** apply to a grant of land under this section as if it were a grant of land in fee simple under that Act.