The Land and Environment Court's power under s 676(1) of the Local Government Act 1993 to remedy a breach of that Act does not extend to making orders against persons who are not themselves in breach. A transferee of community land transferred in breach of s 45(1) cannot be ordered to retransfer the land. Once community land is transferred and ceases to be vested in or under the control of the council, it ceases to be community land. The question whether s 45(1) of the LG Act impliedly amends s 42 of the Real Property Act 1900 so as to prevent indefeasible title arising from registration of a transfer of community land remains open.
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