Particular land may be declared to be not transferable land
16 Particular land may be declared to be not transferable land
The Minister may, by gazette notice, make a declaration that relevant land is not transferable land if the Minister is satisfied that—
housing or essential or other infrastructure is situated on the land; or
the land is being used as a town site or part of a town site; or
the land is being used as if it were a road; or
having regard to the nature or use of the land, it is not appropriate or practicable in the circumstances for the land to be granted in fee simple under this Act.
In considering whether to make a declaration under subsection (1)(d), the Minister may have regard to matters relating to the nature or use of the relevant land the Minister considers appropriate, including, for example—
whether the land is likely to be used as a town site or part of a town site; and
whether the land is in a condition suitable to be granted under this Act.
The Minister must not make a declaration under subsection (1)(d) before—
if no appeal is made to the Land Court against the decision to make the declaration—the period for making an appeal ends; or
if an appeal is made to the Land Court against the decision to make the declaration—the day the appeal is finally decided.
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