Section 7.2 — Application — Crown Land Management Act 2016 (New South Wales) — Barrister AI

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Section 7.2 — Application — Crown Land Management Act 2016 (New South Wales) — Barrister AI

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s 1.1Name of Act s 1.2Commencement s 1.3Objects of Act s 1.4Principles of Crown land management s 1.5General definitions s 1.6Divisions of State s 1.7Definition of “Crown land”s 1.8When land is vested in Crown s 1.9When land ceases to be or is not Crown land s 1.10When land becomes Crown land because of this Act s 1.11Updating Crown land entries in Register s 1.12Relationship of Division with Real Property Act 1900 s 1.13Relationship between Schedules 1–4 and Parts 5–7 s 1.14Application of Act s 1.15Dealings with Crown land generally subject to Act s 2.1Crown land to which Part applies s 2.2Exclusion of Crown land from Part s 2.3Minister may dedicate Crown land s 2.4Adding other Crown land to existing dedicated Crown land s 2.5Proposed dedication or addition must be tabled in Parliament s 2.6Existing dedicated or reserved Crown land can be dedicated s 2.7Revocation of dedication s 2.8Minister may reserve Crown land s 2.9Adding other Crown land to existing reserved Crown land s 2.10Reserved Crown land can be reserved again s 2.11Revocation of reservation s 2.12Dedicated or reserved Crown land to be used for limited purposes s 2.13Use of dedicated or reserved Crown land with multiple purposes s 2.14Additional purposes for dedicated or reserved Crown land s 2.15Alteration of purpose for dedicated or reserved Crown land s 2.16Removal of purpose for dedicated or reserved Crown land s 2.17Effect of dedication or reservation for public use s 2.18Special provisions relating to Minister’s powers over dedicated or reserved Crown land s 2.19Secondary interests in dedicated or reserved Crown land s 2.20Short-term licences over dedicated or reserved Crown land s 2.21Division of assets, rights and liabilities when land added to different dedicated or reserved Crown land s 2.22Responsibility for public reserves s 2.23Minister taken to give consent for certain development applications over dedicated or reserved Crown land s 2.24Limits on compensation payable for compulsory acquisition of dedicated or reserved Crown land s 2.25Notice of challenges to validity of interests in dedicated or reserved Crown land s 3.1Responsibility for management of Crown land s 3.2Management of parts of Crown land s 3.3Minister may appoint Crown land managers s 3.4Appointment term s 3.5Content of appointment instrument s 3.6Appointment cannot take effect unless notified in Gazette s 3.7Recording of Crown land manager in Register s 3.8Appointment instruments for managers appointed by Acts s 3.9Variation of appointment s 3.10Revocation of appointment s 3.11Change of name does not affect appointment s 3.12End of appointment s 3.13Functions of Crown land managers s 3.14Allocation of responsibilities between multiple Crown land managers s 3.15Crown land management rules s 3.16Application of proceeds of managed Crown land s 3.17Application of certain special provisions to Crown land managers s 3.18Delegation of functions with Ministerial approval s 3.19Reports and information on other matters s 3.20Application of Division s 3.21Management in accordance with Local Government Act 1993 s 3.22Functions of council managers s 3.23Management of land as community land s 3.24Application of Division s 3.25Categories of non-council managers s 3.26Exercise of functions by category 1 non-council managers s 3.27Exercise of functions by category 2 non-council managers s 3.28Minor changes to leases or licences do not require Ministerial consent s 3.28AAcquisition of non-Crown land and certain interests in non-Crown land s 3.29Community advisory groups s 3.30Annual reports s 3.31Record keeping s 3.32Application of Division s 3.33Preparation of draft plan of management s 3.34Guidelines for draft plans of management s 3.35Community engagement on draft plan of management s 3.36Adoption of plan of management s 3.37Alteration or cancellation of plan s 3.38Land may be used for additional purposes approved in plan of management s 3.39Approvals of activities under Local Government Act 1993 must comply with plans of management s 3.40Publication of plans of management s 3.41Other plans s 3.42Effect of sale of dedicated or reserved Crown land by Crown land managers s 3.43Termination of certain leases and licences granted by Crown land managers s 3.44Preservation of certain leases and licences over land added to other dedicated or reserved Crown land s 3.45Inquiries and audits of affairs of Crown land managers s 3.46Compensation not generally payable for conduct of Crown land managers s 4.1Power of Minister to accept gifts of land s 4.2Acquisition of land for public purpose s 4.3Surrender of land or lease s 4.4Certain land may be declared to be Crown land s 4.5Interpretation s 4.6Vesting of transferable Crown land in local councils s 4.7Content of council vesting notices s 4.8Classification of vested land under Local Government Act 1993 s 4.9Effect of vesting s 4.10Registrar-General to record certain information about vested land s 4.11Application of Division s 4.12Vesting of transferable Crown land in government agency s 4.13Content of government agency vesting notices s 4.14Effect of vesting s 4.15Registrar-General to record certain information about vested land s 5.1Application of Part s 5.2Terms and conditions of holdings generally prevail over Act and regulations s 5.3Powers of Minister generally s 5.4Definitions s 5.5Minister to approve community engagement strategies s 5.6Content of community engagement strategies s 5.7Requirements concerning approval of community engagement strategies s 5.8Compliance with community engagement strategies s 5.9Restrictions on sale or disposal of Crown land in Western Division s 5.10Sale of certain leased Crown land permitted s 5.11Conditions that may be included in contracts of sale and purchase applications s 5.12Imposition of conditions on sale of certain land s 5.13Restrictions on transfer of certain land s 5.14Effect of recording in Register s 5.15Securing payment from purchaser with mortgage s 5.16Term s 5.17Certain dealings to be leases s 5.18Application of Conveyancing Act 1919 s 5.19Transfer restrictions to be recorded in Register s 5.20Removal of transfer restrictions from Register s 5.21Licences generally s 5.22Certain dealings to be licences s 5.23Revocation of licences s 5.24Restrictions on transfer of licences s 5.25Licences for removal of minerals s 5.26Licences for unauthorised users or occupiers of Crown land s 5.27Revocation of licence benefiting other land that is sold or leased again s 5.28Sublicences s 5.29Definitions s 5.30Grant of special purpose holdings s 5.31Relationship between general purpose leases and special purpose holdings s 5.32Relationship between general purpose licences and special purpose holdings s 5.33Definitions s 5.34Granting of enclosure permits for Crown roads or watercourses s 5.35Enclosure of additional Crown roads or watercourses s 5.36Unauthorised enclosure of Crown roads or watercourses s 5.37Transfer of land—enclosure permit s 5.38Subdivision of land within which Crown road or watercourse is enclosed s 5.39Cancellation of enclosure permit and removal of structures s 5.40Cancellation or variation of enclosure permit following certain events s 5.41Combined enclosure permits s 5.42Access to enclosed Crown roads and alteration of enclosure structures s 5.43Cultivation of enclosed Crown roads s 5.44Responsibility for dividing fences s 5.45Certain gates erected under this Division to be treated as public gates s 5.46Definitions s 5.47Grant of easements generally s 5.48Consent of holders generally required for creation or release of easement s 5.49When consent of holder not required for creation of easement over Crown land s 5.50Local councils to seek easements from Crown in certain cases s 5.51Creation of easements for public access s 5.52Rights of owners or lessees of land affected by public access easements s 5.53Release of easements benefiting Crown land s 5.54Method for granting or releasing easements under this Division s 5.55Recording of particulars of easement or release in Register s 5.56Imposition of restrictions and covenants on Crown land s 5.57Removal of restrictions or covenants on Crown land s 5.58Granting of forestry rights s 5.59Method for granting forestry rights and use restrictions and covenants s 5.60Other carbon related rights s 5.61Payment of royalties, security deposits, fees or other amounts for holdings s 5.62Use of land for filming projects s 5.63Crown land acquired by purchase or exchange provides fee simple s 5.64Removal of recordings in Register s 6.1Definitions s 6.2Rent is generally payable for holding s 6.3Roles of Minister and Secretary s 6.4Annual rent cannot generally be less than minimum rent s 6.5General principles for rent determinations or redeterminations s 6.6Rent increases s 6.7Redetermination of rent s 6.8Objections to rent redeterminations s 7.1Definition s 7.2Application s 7.3Alteration or revocation of conditions and purposes s 7.4Exemption from condition compliance s 7.5Rent redetermination following alteration, revocation or exemption s 7.6Removal of conditions and other restrictions s 7.7Recording of directions s 7.8Withdrawal of land from holding for public purposes s 7.9Minister may forfeit holdings s 7.10Forfeiture takes effect when notice given s 7.11Effect of forfeiture s 7.12Reversal of forfeiture s 7.13Appeal to Land and Environment Court against forfeiture of perpetual leases s 7.14Removal of entries in Register about mortgaged leases s 7.15Forfeited, surrendered or vacant Crown land may be added to adjacent or adjoining holdings s 7.16Ownership of improvements when holding ends s 8.1Definitions s 8.2Approved training or qualifications for native title managers s 8.3Relationship of Part with Local Government Act 1993 s 8.4Issue of native title certificates s 8.5Application of Division s 8.6Employment or engagement of native title manager s 8.7When advice of native title manager required s 8.8Notice of native title managers to be given to Minister s 8.9Compulsory acquisition of native title rights and interests requires Ministerial consent s 8.10Division does not affect compliance with native title legislation s 8.11Application of Division s 8.12Compensation payable by person engaged in relevant conduct s 8.13Contributions and indemnification for compensation for relevant conduct s 8.14Regulations concerning administration s 9.1Definitions s 9.2Unauthorised use of Crown land s 9.3Pollution or contamination involving Crown land s 9.4Authorised officers may give directions to stop structure or land use s 9.5Notices prohibiting structure or land use s 9.6Directions concerning vehicles on Crown land s 9.7Definitions s 9.8Claims concerning authorisation for structure or material s 9.9Removal of unauthorised structures or materials s 9.10Minister’s powers over removed structure, materials or contents s 9.11Removal of trespassers from Crown land s 9.12Removal by authorised persons s 9.13Authorised officer may give remediation notice s 9.14Content of remediation notice s 9.15Minister may authorise certain other persons to carry out remediation work in non-compliance cases s 9.16Entry to land to carry out remediation work s 9.17Definitions s 9.18Secretary may issue order to stop unsafe activities s 9.19Secretary may issue order to stop unlawful activities s 9.20Content and duration of stop activity orders s 9.21Appeals to Land and Environment Court s 9.22Defence of lawful authority s 9.23How direction is given s 9.24Impounding of animals and articles s 9.25Regulations concerning care, control and management of Crown land s 10.1Definition s 10.2When functions are exercised for a compliance purpose under Part s 10.3Offence: contravention of requirement under Part s 10.4Offence: false or misleading conduct under Part s 10.5Offences: obstruction or impersonation of authorised officer s 10.6Authorised officers s 10.7Exercise of functions by authorised officers s 10.8Identity cards s 10.9Arrangements with other government agencies s 10.10Application of Division s 10.11Requirement to provide information and records to Minister s 10.12Requirement to provide information and records to authorised officer s 10.13Matters to be specified by notice s 10.14Provisions relating to records s 10.15Powers of authorised officers to enter land and structures s 10.16Entry into residential premises only with permission or warrant s 10.17Powers of authorised officers to do things on entry s 10.18Search warrants s 10.19Authorised officers may request assistance s 10.20Assistance to be given to authorised officers s 10.21Care to be taken s 10.22Compensation s 10.23Power of authorised officers to require answers s 10.24Recording of evidence s 10.25Power of authorised officers to demand name and address s 10.26Seizure of vehicles for continuing vehicle offences s 10.27Forfeiture of vehicles by order of court s 10.28Definitions s 10.29Receipt for seized things s 10.30Return of seized things s 10.31Certification of inability to return seized thing s 10.32Court order requiring delivery of seized thing s 10.33Forfeiture of seized thing s 10.34Dealing with forfeited things s 10.35Provisions relating to requirements to provide records, information or answer questions s 10.36Revocation or variation of notices s 11.1Nature of proceedings for offences s 11.2Time for commencement of proceedings for offences s 11.3Penalty notices s 11.4Legal proceedings do not affect, and unaffected by, other action under this Act s 11.5Offences by corporations s 11.6Continuing offences s 11.7Maximum penalties for certain significant offences s 11.8Liability of responsible person for vehicle, stock or structure offences s 11.9Operation of Division s 11.10Orders generally s 11.11Orders for restoration and prevention s 11.12Orders for costs, expenses and compensation at time offence proved s 11.13Recovery of costs, expenses and compensation after offence proved s 11.14Orders regarding costs and expenses of investigation s 11.15Orders regarding monetary benefits s 11.16Additional orders s 11.17Offence: refusal or failing to comply with order under Division s 11.18Minister may accept certain undertakings s 11.19Enforcement of undertaking s 11.20Documentary evidence generally s 11.21Certificate evidence of certain matters s 12.1Responsibility of Minister s 12.2Crown land commissioner s 12.3Delegation of functions by Minister, Ministerial Corporation, Secretary or Crown land commissioner s 12.4Administration arrangements with other public authorities s 12.5Constitution of Lands Administration Ministerial Corporation s 12.6Functions of Ministerial Corporation s 12.7Payments due under Act s 12.8Fees for services s 12.9GST may be added to certain amounts s 12.10General provisions applicable to CPI adjustment s 12.11Recovery of money s 12.12Interest on arrears s 12.13Holding cannot be transferred if in arrears s 12.14Forfeiture or end of holding or permit does not extinguish debts s 12.15Waiver, reduction, remission, postponement or rebate of certain amounts s 12.16Alteration of due dates for payments s 12.17Purpose and term of State strategic plan for Crown land s 12.18Preparation of draft State strategic plan for Crown land s 12.19Contents of draft State strategic plan for Crown land s 12.20Community engagement on draft State strategic plan for Crown land s 12.21Submission of draft State strategic plan for Crown land for approval s 12.22Approval of draft State strategic plan for Crown land s 12.23Publication of State strategic plan for Crown land s 12.24Amendment, replacement or revocation of State strategic plans for Crown land s 12.25Periodic review of State strategic plans for Crown land s 12.26Definitions s 12.27Establishment and administration of Crown Reserves Improvement Fund s 12.28Payments into Crown Reserves Improvement Fund s 12.29Payments from Crown Reserves Improvement Fund s 12.30Investment of money in Crown Reserves Improvement Fund s 12.31Insurance premiums s 12.32Service of documents s 12.33When notices and other documents take effect s 12.34Ministerial notices published in the Gazette may be combined s 12.35Evidence of land being measured s 12.36Effect of creation of folio in Register for certain matters s 12.37Personal liability in connection with administration of Act s 12.38Compensation not payable s 13.1Limitation on acquisition of title by possession against Crown s 13.2Exclusion of minerals and qualifications from dealings under Act s 13.3Entitlements over land with boundaries to lakes, rivers or roads s 13.4Application of Environmental Planning and Assessment Act 1979 s 13.5Regulations s 13.6Review of Act s 1Application of Schedule s 2Definitions s 3Continued tenures remain in force s 4Schedule does not affect third party interests in land s 5Updating of references in folio for land under continued tenure s 6Application of Division s 7Definition s 8Rent during initial period s 8AAdjustment of annual rent in line with Consumer Price Index for transitional period s 9Rent redeterminations for continued tenures s 10Application of Part 6 of Act after initial period s 10AApplication of Division s 10BAdjustment of annual rent in line with Consumer Price Index for transitional period s 10CApplication of Part 6 of Act s 11Conditions to which continued perpetual and continued term leases taken to be subject s 12Application of Division s 13Pending tenure purchase to be treated as purchase application under Schedule 4 s 14Objections and appeals made before this Schedule commences s 15Determinations of purchase price after this Schedule commences s 16Giving of Ministerial consent s 17Removal of Ministerial consent requirement for transfers or other dealings s 18Waiver of Ministerial consent requirement s 19Certain dealings do not require Ministerial consent s 20Application of Division s 21Consent to certain dealings s 22Application of Part s 23Restrictions on use of certain land in irrigation areas s 24Minister taken to have given consent to certain development applications s 25Application of Part s 26Occupancy after expiry of term lease s 27Application of Part s 28Conditions s 29Occupancy after expiry of special lease for term s 30Application of Part s 31Payment of rent and other amounts s 32Conditions s 33Application of Part s 34Application of Part 5 of Schedule 4 to purchases s 35Annual interest rate for purchases by instalment s 36Minimum annual instalments s 37Minimum half-yearly instalments s 38Forfeiture of purchase s 1Application of Schedule s 2Definitions s 3Continued irrigation tenures remain in force s 4Schedule does not affect third party interests in land s 5Updating of references in folio for land under continued irrigation tenure s 6Application of Division s 7Pending irrigation lease purchase to be treated as purchase application under Schedule 4 s 8Objections and appeals against purchase price made before this Schedule commences s 9Determinations of purchase price after this Schedule commences s 10Giving of Ministerial consent s 11Removal of Ministerial consent requirement for transfers s 12Waiver of Ministerial consent requirement s 13Certain dealings do not require Ministerial consent s 14Consent of Minister required for lease transfers s 15Definition s 16Rent during initial period s 17Rent redeterminations for continued irrigation leases s 18Application of Part 6 of Act after initial period s 19Application of Part s 20Application of Part 5 of Schedule 4 to purchases s 21Title to land, covenants and mortgages s 22When purchase price payable s 23Minimum half-yearly instalments s 24Forfeiture of purchase s 1Application of Schedule s 2Definitions s 3Classification of Western lands leases as rural or urban s 4Continued Western lands tenures remain in force s 5Schedule does not affect third party interests in land s 6Updating of references in folio for land under continued Western lands tenure s 7Application of Division s 8Pending Western lands lease purchase to be treated as purchase application under Schedule 4 s 9Objections and appeals against purchase price made before this Division commences s 10Determination of purchase price after this Division commences s 11Giving of Ministerial consent s 12Removal of Ministerial consent requirement for transfers or other dealings s 13Waiver of Ministerial consent requirement s 14Certain dealings do not require Ministerial consent s 15Application of Part s 16Consent of Minister required for transfer of leases s 17Subdivision of land under Western lands lease s 18Conditions that apply to Western lands leases s 19Approved activities on land under perpetual Western lands leases s 20Application of Division s 21Definitions s 22Materials, minerals and timber s 23Protective measures s 24Erection of gates on public roads s 25Repairs to improvements s 26Provision of returns and statements s 27Erection of buildings outside local government areas s 28Provision of contact details s 29Contravention of certain conditions is an offence s 30Regulations may provide for rent for continued Western lands leases s 31Minister taken to have given consent to certain development applications s 32Extension of term of lease s 33Application to convert term lease into perpetual lease s 34Granting of lease conversion applications s 35Effect of grant of lease conversion application s 36Application of Part s 37Application of Part 5 of Schedule 4 to purchases s 38Ministerial consent to dealings not required s 39Forfeiture of purchase s 40Application of Part s 41Definitions s 42Cultivation of applicable Western land generally requires consent s 43Applications for cultivation consent s 44Grant of cultivation consent s 45Variation of cultivation consent s 46Suspension or revocation of cultivation consent s 47Appeals against decisions concerning cultivation consent s 48Certain existing consents continue in force or are suspended under this Part s 49Definitions s 50Minister may create special easements for roads and tracks s 51Minister may extinguish special easements s 52Minister may dedicate public roads s 53Public roads over freehold land s 54Repeal of provisions of Part s 55Application of Part s 56Notice to rectify condition contraventions s 57Minister may rectify contravention and recover costs s 58Different proceedings may be taken for same contravention s 59Continuation of certain special purpose lease despite sale of leased land s 1Application of Schedule s 2Definitions s 3Making application to purchase s 4Applicant may be required to pay for survey s 5When purchase applications can be granted s 6When purchase applications can be granted s 7When purchase applications can be granted s 8Minister to determine purchase price in accordance with this Division s 9Purchase price is generally to be market value or land value s 10When purchase price can be different to market price or land value s 11Payment by instalments s 12Objections to market or land valuation s 13Exclusions for roadways and other public purposes s 14Depth limitations s 15Adjustment of rent where part only of lease purchased s 16Retention of rights of mortgagees s 17Easements s 18Application of Part s 19Title to, and conditions of, new incomplete purchases s 20Obligations of holders of new incomplete purchases s 21Payment of other amounts when title commences s 22Minerals excluded from new incomplete purchase s 23Forfeiture of new incomplete purchase s 24Payment of balance of money owing when new incomplete purchase transferred s 25Minister’s approval s 26Exclusion of areas of land required for roads of access s 27Apportionment of money payable s 28Subdivided portions to be separate incomplete purchases s 29Regulations for additional purchase or purchase application entitlements s 1Definitions s 2Minister may create statutory land managers s 3Minister may change name s 4Appointment of board s 5Responsibility for control of affairs s 6Application of Part s 7Chairperson and Deputy Chairperson s 8Other office holders s 9Terms of office of board members s 10Part-time appointments s 11Remuneration s 12Acting members s 13Vacancy in office of board member s 14Suspension of board members s 15Effect of certain other Acts s 16General procedure s 17Quorum s 18Presiding board member s 19Voting s 20Transaction of business outside meetings or by telephone etc s 21First meeting s 22Care and diligence s 23Use of position s 24Use of information s 25Codes of conduct s 26Disclosure of material personal interest by board members s 27Invitations for tenders s 28Consequences of contravention of Division s 29Appointment of administrator s 30Remuneration of administrator s 31Vacation in office of administrator s 32Effect of appointment of administrator s 33Cessation of administration s 34Minister may dissolve statutory land manager s 35Effect of dissolution s 36No compensation for loss of office s 1Application s 2Interpretation s 3Vesting in transferee s 4No compensation payable s 5Transfer of interests in land s 6Date of vesting s 7Consideration for vesting s 8State taxes not chargeable s 9Confirmation of vesting s 1Regulations s 2Definitions s 3Meaning of “corresponding provision” and “corresponding function”s 4References to certain other things also references to them just before repeal day s 5Continued persons, matters or things may be dealt with under this Act accordingly s 6Certain land becomes Crown land s 7Land vested in reserve trusts s 7ALand acquired for purpose of becoming Crown land once conditions met s 8Continuation of certain land qualifications and rights s 9Repealed Acts and statutory rules to continue to apply in certain circumstances s 9ACompletion of certain uncompleted functions under repealed Act or statutory rule s 9BApplication of Division to non-dedicated or reserved Crown land s 10Abolition of certain statutory offices s 10AContinuation of certain managed reserve trusts for transitional period after repeal day s 11Reconstitution or abolition of reserve trusts s 12Abolition of trusts over reserves under section 126 or 127 of Crown Lands Act 1989 s 13Abolition of trusts over institutional public trust land s 14Abolition of Orange Show Ground Trust s 15Abolition of Western Lands Advisory Council s 16Abolition of special land districts s 16AAbolition of Public Reserves Management Fund s 17Dedication and reservations under Crown Lands Act 1989 s 18Showgrounds s 19Public parks s 19AClosure of public roads s 20Definitions s 21Reservation of former institutional public or private trust land s 22Transitional arrangements for trusts over institutional private trust land s 23Replacement of trustees of institutional private trust land s 24Transfer of institutional private trust land to Crown by agreement with trustees s 25Effect of transfer of institutional private trust land s 26Continuation of certain leases, licences and enclosure permits s 27Validation of certain notices and relevant interests under section 34A of Crown Lands Act 1989 s 28Continuation of validation of certain secondary interests s 28ADefinitions s 28BApplication of new purchase provisions and other provisions of Act during transitional purchase period s 28CProceedings in NCAT s 28DApplication of new purchase provisions and commenced ancillary provisions after transitional purchase period s 29Definitions s 30Old council transfer provisions cannot be used during transitional vesting period s 31Application of new council transfer provisions and related provisions s 32Existing amounts payable under repealed Acts or statutory rules s 33Existing declarations of public purposes s 34Advisory committees s 35References by Minister to Secretary s 36Administrative arrangements s 37Authorised inspectors and persons become authorised officers s 37APlans of management for former reserve land s 38Application of Division s 39References to repealed Acts s 40References to dedicated or reserved land and reserve trusts s 41References in non-legislative provisions s 41ATransfer of certain regulatory authorisations s 42Directions concerning names s 43No compensation payable for operation of Schedule s 43AOperation of Schedule not to be regarded as civil wrong s 44General savings provision s 45Definitions s 46Relationship of Part with Act and other laws s 47Trustee land becomes reserved Crown land s 48Abolition of Trustee corporation s 49Continued use of land by Moree RSL Sub-branch s 50Continued use of land for Dhiiyaan Aboriginal Centre s 51Operation of Part not to be regarded as civil wrong s 52Crown reserve used for cemeteries

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7.2

Application

Current

7.2 Application

To avoid doubt, this Division extends to conditions contained in a Crown grant.

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