STATE LANDS PROTECTION
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- (d) that is the subject of a notification in the Gazette made under the provisions of section 3 or 5 of the Land Acquisition Act 1966 unless the notification is cancelled before possession of the land is taken by a Collector under that Act.
(2) Land ceases to be State land if—
- (a) the land is sold, or lawfully contracted to be sold, and the purchase price or other consideration (if any) for the sale has been received by the Government (or a person on behalf of the Government), regardless of whether—
- (i) the purchaser is recorded in the register of titles as the registered proprietor of the land or by the creation of one or more folios for that land; or
- (ii) one or more folios for that land is created under the Land Titles Act 1993; or
- (b) the land is lawfully contracted to be sold by award of tender and the deposit has been received by the Government or a person on behalf of the Government.
(3) However, land to which subsection (2)(b) applies becomes State land again if the purchaser fails to complete the purchase.
(4) None of the following parcels of land is treated as State land for the purposes of this Act:
- (a) unalienated land that is set aside under the Parks and Trees Act 2005 as a national park, nature reserve or public park, or as green verges or turfed open spaces to be managed and maintained by the National Parks Board;
- (b) unalienated land that is a drainage reserve within the meaning of the Sewerage and Drainage Act 1999;
- (c) unalienated land that is within the railway area delineated in plans and maps prepared, amended or replaced under section 5(1) or (5) of the Cross-Border Railways Act 2018;
- (d) unalienated land that is railway premises or a railway within the meaning of the Rapid Transit Systems Act 1995;
