Land Act 1994

If the Governor in Council resumes possession of all or part of a reservation and the boundaries of the reservation are not stated in the lease, deed of grant or deed of grant in trust, the Minister may decide the boundaries of the reservation.

In deciding the boundaries of the land being resumed, the Minister must consider the following matters unless the lessee, registered owner or trustee of the land otherwise agrees with the Minister—

1 of the boundaries should adjoin, or be, an existing road;

the lessee, registered owner or trustee should not be deprived of access to the land;

the land to be resumed should be, as near as practicable, of the average qualities and capabilities of all the land in the lease, deed of grant or deed of grant in trust.

Notice of the Minister’s decision on the boundaries and the reasons for the decision must be given to the lessee, registered owner or trustee.

The lessee, registered owner or trustee may appeal against the Minister’s decision on the boundaries.