sec.43Declaration

### sec.43 Declaration The Minister may, by instrument (a declaration ) declare land in the Queen’s Wharf area is to be either— granted in fee simple to the State under the Land Act (a freehold declaration ); or leased to the State under the Land Act (a leasehold declaration ). Land may be included in a declaration only if it is— unallocated State land; or a road; or trust land; or land subject to a lease under the Land Act held by the State as lessee. A declaration must— identify the land the subject of the declaration; and state the purpose for declaring the land; and for a leasehold declaration—state either— the land is to be leased to the State for a stated term of years; or the land is to be leased to the State in perpetuity. Land on the seaward side of a tidal boundary or right line tidal boundary must not be included in— a freehold declaration, unless the land has been reclaimed under the authority of an Act; or a leasehold declaration, unless the Minister is satisfied the matters mentioned in the Land Act , section 15 (4) have been sufficiently addressed for the land. The Minister may state a purpose for declaring the land even if the purpose is ultimately for conferring rights and interests on a person other than the State. If the Minister considers it necessary and reasonable for an interest in land included in a declaration to continue after the land has been granted or leased under this division, the declaration may identify the interest (an ongoing interest ). However, a declaration must not identify an ongoing interest if the Minister considers the continuation of the interest is inconsistent with the purpose for declaring the land as stated in the declaration. A declaration is subordinate legislation. s 43 amd 2018 No. 22 s 17 (sec.43-ssec.1) The Minister may, by instrument (a declaration ) declare land in the Queen’s Wharf area is to be either— granted in fee simple to the State under the Land Act (a freehold declaration ); or leased to the State under the Land Act (a leasehold declaration ). (sec.43-ssec.2) Land may be included in a declaration only if it is— unallocated State land; or a road; or trust land; or land subject to a lease under the Land Act held by the State as lessee. (sec.43-ssec.3) A declaration must— identify the land the subject of the declaration; and state the purpose for declaring the land; and for a leasehold declaration—state either— the land is to be leased to the State for a stated term of years; or the land is to be leased to the State in perpetuity. (sec.43-ssec.4) Land on the seaward side of a tidal boundary or right line tidal boundary must not be included in— a freehold declaration, unless the land has been reclaimed under the authority of an Act; or a leasehold declaration, unless the Minister is satisfied the matters mentioned in the Land Act , section 15 (4) have been sufficiently addressed for the land. (sec.43-ssec.5) The Minister may state a purpose for declaring the land even if the purpose is ultimately for conferring rights and interests on a person other than the State. (sec.43-ssec.6) If the Minister considers it necessary and reasonable for an interest in land included in a declaration to continue after the land has been granted or leased under this division, the declaration may identify the interest (an ongoing interest ). (sec.43-ssec.7) However, a declaration must not identify an ongoing interest if the Minister considers the continuation of the interest is inconsistent with the purpose for declaring the land as stated in the declaration. (sec.43-ssec.8) A declaration is subordinate legislation. - (a) granted in fee simple to the State under the Land Act (a freehold declaration ); or - (b) leased to the State under the Land Act (a leasehold declaration ). - (a) unallocated State land; or - (b) a road; or - (c) trust land; or - (d) land subject to a lease under the Land Act held by the State as lessee. - (a) identify the land the subject of the declaration; and - (b) state the purpose for declaring the land; and - (c) for a leasehold declaration—state either— (i) the land is to be leased to the State for a stated term of years; or (ii) the land is to be leased to the State in perpetuity. - (i) the land is to be leased to the State for a stated term of years; or - (ii) the land is to be leased to the State in perpetuity. - (i) the land is to be leased to the State for a stated term of years; or - (ii) the land is to be leased to the State in perpetuity. - (a) a freehold declaration, unless the land has been reclaimed under the authority of an Act; or - (b) a leasehold declaration, unless the Minister is satisfied the matters mentioned in the Land Act , section 15 (4) have been sufficiently addressed for the land.