Tutorial 1 work Question 1 1. Does Cranecorp have a legal right to swing its crane boom over the neighbouring property? · Land holders have the right to reasonable use and enjoyment of the land which includes the airspace. Graham v KD Morris; Bernstein v Skyviews . This is a potential trespass which would need to look at the extent of the interference with the reasonable use of the land. · Need to consider the height, time of day, amount of time that the trespass is occurring 2. If not, who can restrain Cranecorp, how and why? · Mandatory injunction of the court by the owner of the house 3. How could Cranecorp seek to legally protect their proposed activity? · Apply for an exception under s 180 of the PLA which is a statutory right to interfere with the land which would otherwise be a trespass Question 2 1. Explain the concept of 'waste lands of the Crown'. . It is now called unallocated state land. Land which has not been allocated to any particular person. Post 1788 the colonies meant they were vast unoccupied areas of land which the crown assumed upon colonisation. They had not been alienated or granted yet by the crown 2. What is the statutory source of authority for the creation of tenures in Queensland from unallocated State land? · Land Acts s 14 -> statutory power to grant in fee simple unallocated land · Can also grant in fee simple in trust for community purpose. Can also lease land · Also gives the power to grant a crown leasehold 3. What is the purpose of the Crown retaining the concept of 'Crown Leasehold'? · Free hold = give to someone indefinitely (fee simple) . Crown leasehold is about control for a particular period of time for the development of that land . Resumption of the land would be the crown getting the land back . Can take the land back because ultimately the crown owns the land · Pastoral lease for development · 70fi of QLD is crown leasehold · Exclusive possession -> can exclude people from land · Grant under Land Act (statutory lease) · Exclusive v non-exclusive is not defined under statute but is discussed in Wik by Gaudron. To maintain control. Crown leasehold is special to Australia not England.
>Allowed the Crown to control the use of land and develop particular areas (sugar/cattle/wool etc) in QLD large amounts of land are held under leasehold. Granted under the Land Act. Predominantly pastoral and agriculture leases.