Crown Land Management Act 2016

The Minister may, when granting a purchase application, do any one or more of the following in relation to the land to which the application relates—

exclude any areas required for roadways or other public purposes from the land,

modify in any other way the boundaries of the land,

create easements for public access over the land.

Any areas excluded from the land for roadways or other public purposes or because of modification of boundaries are surrendered to the Crown.

The applicant may appeal to the Civil and Administrative Tribunal against any decision under this clause—

to exclude land, or

to create an easement for public access.

Sections 5.51 and 5.52 (except section 5.51 (1)) apply to and in respect of the creation of an easement under this clause in the same way as they apply to and in respect of the creation of easements under section 5.51.

The Civil and Administrative Tribunal may hear and determine an appeal under subclause (3) and may make any order or decision that it considers appropriate.

The order or decision of the Civil and Administrative Tribunal may include either or both of the following—

an order requiring the creation of an easement for public access under subclause (1) (c) instead of the exclusion of land under subclause (1) (a),

a redetermination of the purchase price (or a requirement that the Minister redetermine the purchase price) having regard to any variation in the area of land to be purchased.