369A

Extinguishing GHG interests on the taking of land in a GHG authority’s area (other than by an easement)

Current

(1)

This section applies to the taking of land, other than by taking or otherwise creating an easement, under a resumption law.

(2)

Despite any other Act, the taking of land does not extinguish GHG interests other than to the extent, if any, provided for in the resumption notice for the taking of the land.

(3)

The resumption notice for the taking of land may provide for the extinguishment of a GHG interest on the taking only to the extent the relevant Minister for the taking is satisfied the interest is incompatible with the purpose for which the land is taken.

(4)

Without limiting the application of subsection (3), the relevant Minister may be satisfied a GHG interest is incompatible with the purpose for which the land is taken if, for that purpose, it is necessary to extinguish all interests in the land, including native title rights and interests.

(5)

A GHG interest may be—

(a)

wholly extinguished; or

(b)

partially extinguished by—

(i)

excluding land from the land the subject of the interest; or

(ii)

prohibiting the carrying out of activities by the holder of the interest.

(6)

The resumption notice for the taking of land may provide for the extinguishment of GHG interests by reference to either or both of the following—

(a)

stated land, which—

(i)

may be all or part of the land that is taken; and

(ii)

if the stated land is only part of the land that is taken—may be described in the resumption notice in any way, including, for example—

(A)

as a shape that does not constitute a block or sub-block; or

(B)

by using 3 dimensionally located points to identify the position, shape and dimensions of each boundary;

(b)

stated GHG interests, which may be all GHG interests or GHG interests of a particular type.

(7)

For the taking of land for which GHG interests are extinguished as provided by this section—

(a)

each person’s interest in an extinguished GHG interest is converted into a right to claim compensation under the resumption law; and

(b)

the resumption law applies with necessary and convenient changes and with the changes mentioned in subsections (8) and (9) and section 369D.

(8)

The notice of intention to resume for the proposed taking of the land must state the extent to which the GHG interests are proposed to be extinguished.

(9)

The entity taking the land must give the chief executive a notice that—

(a)

states the details of the extinguishment; and

(b)

asks for the extinguishment to be recorded in the register; and

(c)

is accompanied by a certified copy of the resumption notice.

(10)

In this section—

certified copy, of the resumption notice, means a copy of the original of the notice that has been certified by a justice of the peace as being a correct copy of the original notice.

relevant Minister, for the taking of land under a resumption law, means—

(a)

if the land is taken under the process stated in the ALA (whether the land is taken under the ALA or another resumption law)—the Minister to whom the application that the land be taken is made under section 9 of that Act; or

(b)

otherwise—the Minister administering the resumption law under which the land is, or is to be, taken.

This Act’s bill:Explanatory memorandum

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