Freeholding of existing leases
8 Freeholding of existing leases
(1) Subject to this Act, where, upon the commencement of this Act, a person is the lessee under, or has the right to be granted:
(a) a lease under section 112A of the Crown Lands Act or under Division 4 of Part III of the Crown Lands Act;
a lease under the Darwin Town Area Leases Act;
a lease under the Church Lands Leases Act; or
(d) a lease, granted under section 10 of the Crown Lands Act or under Division 1, 2, 3 or 5 of Part III of the Crown Lands Act, of an area of land that does not exceed 150 square kilometres,
an estate in fee simple in so much of the leased land as is not a road that is open to and used by the public is, by this Act, granted to that person and the Registrar-General shall, without application, without deed of grant and without charge, but subject to this Act, in due course issue to that person, or his successor in title, if requested, a certificate as to title thereto.
Subsection (1) does not apply in respect of a lease:
(b) that is a lease of the whole or a part of an area of land that is described in Schedule 2;
(c) of land in respect of which there was in force, immediately before the commencement of this Act, an approval or consent to subdivide granted in pursuance of an application under an Act; or
that is a lease of town lands in the town of Yulara.
(3) The Minister may, in his discretion, after the commencement of this Act, in the name of the Territory, grant an estate in fee simple in so much of an area of land, or part of an area of land, referred to in subsection (2)(a), (b) or (c) as is not a road that is open to and used by the public.
(4) Subject to subsection (5), where an estate in fee simple is granted by or under this section, the lease of the land the subject of the grant is surrendered and ceases to have effect.
(5) The Registrar-General shall, without charge, in due course, issue to a person to whom an estate in fee simple in land is granted under subsection (3), if requested, a certificate as to title in respect of the land.
(6) Where the land register in respect of land, an estate in fee simple in which is granted by or under this section, notifies the existence of a part of a road across or on the land:
(a) that land notified as a road is, and shall be deemed always to have been, excluded from the grant of the estate in fee simple; and
(b) land that, by virtue of subsection (1) or (3), was not included in the grant because it formed part of a road open to and used by the public but is not part of a road that is notified in the land register, is and shall be deemed always to have been, part of the land in respect of which the estate in fee simple was granted.
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