13Properties

13 Properties

(1) An area of land is a property if:

(a) there is a single freehold or leasehold title in relation to that area (whether or not that title is registered under a law of a State or Territory relating to the registration of interests in land); and

(b) no part of that area is subject to a lease granted by the holder of that title; and

(c) the title to the area is defined by reference to geographical coordinates.

(2) If:

(a) there is a single freehold or leasehold title (as mentioned in paragraph (1)(a)) in relation to an area of land; and

(b) some but not all of that area is subject to a lease granted by the holder of that title;

then, an area of land:

(c) all of which is within the area referred to in paragraph (a) of this subsection; and

(d) none of which is subject to such a lease;

is a property unless it is only part of another such area. (3) An area of land is not a property except as provided in this section. (3A) The regulations may prescribe the circumstances in which an area of land in relation to which there is a single freehold or leasehold title is not to constitute a property for the purposes of this Act. (3B) Despite paragraph (1)(c), the regulations may prescribe the circumstances in which an area of land, the title to which is defined otherwise than by reference to geographical coordinates, is a property if:

(a) the Minister has consulted each general carrier whose interests may, in the Minister’s opinion, be affected by the proposed regulation; and

(b) in the Minister’s opinion, the regulation will not erode unduly the practical value of the general carriers’ rights under sections 90 and 92.

(4) In this section:

land includes premises and a part of premises, but does not include unalienated Crown land.

lease includes sublease and leasehold title has a corresponding meaning.