Notice of challenges to validity of interests in dedicated or reserved Crown land
2.25 Notice of challenges to validity of interests in dedicated or reserved Crown land
The validity of a lease, licence, permit, easement or right of way over dedicated or reserved Crown land (whether granted by the Minister, a Crown land manager or another person) cannot be questioned in legal proceedings unless a party to the proceedings has given the Minister not less than the minimum period of notice of the alleged invalidity.
Notice can be given before proceedings are commenced by a prospective party to proceedings.
The minimum period of notice is 3 months or a shorter period that may be prescribed by the regulations.
The notice of alleged invalidity must be given in the form approved by the Minister and must provide the information required by the approved form.
The court before which proceedings are pending may adjourn the proceedings to enable notice of alleged invalidity to be given.
In a particular case, the Minister may, by written instrument, waive the requirement for the giving of notice or reduce the minimum period.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.