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LAND ACT 1994 - SECT 26
Minister may decide boundaries of reservations
26 Minister may decide boundaries of reservations
(1) If the Governor in Council resumes possession of all or part of a
reservation and the boundaries of the reservation are not stated in the lease,
deed of grant or deed of grant in trust, the Minister may decide the
boundaries of the reservation. Note— Resumptions are dealt with in chapter
5 , part 3 , division 3 .
(2) In deciding the boundaries of the land being
resumed, the Minister must consider the following matters unless the lessee,
registered owner or trustee of the land otherwise agrees with the Minister—
(a) 1 of the boundaries should adjoin, or be, an existing road;
(b) the
lessee, registered owner or trustee should not be deprived of access to the
land;
(c) the land to be resumed should be, as near as practicable, of the
average qualities and capabilities of all the land in the lease, deed of grant
or deed of grant in trust.
(3) Notice of the Minister’s decision on the
boundaries and the reasons for the decision must be given to the lessee,
registered owner or trustee.
(4) The lessee, registered owner or trustee may
appeal against the Minister’s decision on the boundaries.
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