Document ID: chunk:federal_register_of_legislation:C2021C00271:section:27
Version: federal_register_of_legislation:C2021C00271
Segment Type: section
Provision Reference: s 27
Character Range: 42008–43705

27  Declaration of intention to grant rights and interests in land to original owners
 (1) The Minister may, in his or her absolute discretion, declare in writing that the land that was the subject of the declaration under subsection 14(2) is no longer required for the facility mentioned in paragraph 26(1)(c).
 (2) The declaration must:
 (a) specify all the relevant land; and
 (b) state that the Minister intends to make a declaration under section 28 granting the rights and interests specified in section 29 in specified land to a specified Land Trust.
 (3) Land specified under paragraph (2)(b) may be all or part of the relevant land, but all of the specified land must, in total, be all of the relevant land.
 (4) A Land Trust may be specified under paragraph (2)(b) in relation to specified land only if:
 (a) the Land Trust held title to the specified land immediately before the declaration under subsection 14(2) or (4) (as the case may be) took effect; or
 (b) the Land Trust has succeeded to the functions of a Land Trust mentioned in paragraph (a) of this subsection.
 (5) Within 7 days of the declaration being made, the Minister must:
 (a) publish a copy of the declaration in the Gazette; and
 (b) notify a specified Land Trust in writing that the Minister intends to make a declaration under section 28.
 (6) A declaration is not valid unless:
 (a) it specifies and states the matters mentioned in subsection (2); and
 (b) the Minister complies with subsection (5).
 (7) A Land Trust specified in a declaration may consent in writing to the granting of the rights and interests specified in section 29 in the specified land.
 (8) A declaration is not a legislative instrument.