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and Leases for special purposes". Presumably if any TOP extended beyond 30.6.97 it would be allowed to expire naturally or would be terminated by notice or would be dealt with under the policies of the SAR. Any land held under a TOP expiring before 1.7.97 would become Crown land and would be handed over on 1.7.79.
(v) With regard to the remaining documents referred to in Question 3 these have of necessity been considered separately below:-
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(a) Memorandum of Transfer Presumably if land is still held under
a Memorandum of Transfer, in the case of WDL No. 17, on the 30.6.1997 the land will no longer be required for the War Department's use and will revert to the Crown whose interests will simultaneously pass to the PRC or SAR.
(b) Memorandum of Transfer and Surrender - the land (ex ension to
WDL No 17) which is held under this document would be subject to the same terms as the Memorandum of Transfer referred to in para (a)
above.
(c) Memorandum of Agreement If possession of the land (WDL No 18) is
resumed Government is obliged to grant the Secretary of State use of
new rifle ranges elsewhere. This obligation in the case of WDL
No 18 appears to be subsisting and may exist on 1.7.1997.
land is not resumed prior to this date the statue of the particular
land covered by the agreement is not clear and would require further
detailed consideration.
(a) & (e) DOA and MOA - See para (iii) above.
If
(f), (g), (h) and (i) - Tenancy Agreement, Crown Land Licence, Permit
for Temporary Occupation, Licence for Temporary
Occupation See para (iv) above.
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(j) Memorandum of Concurrence and Assent It may be argued that the
land transferred to the Land Commissioner of the Admiralty in the
case of WDL No 13 is held under the same terms as the Memorandum of Transfer relating to WDL No 13. See para (v) (a) above. (k) and (1) No-objection Letter and Encroachment Concurrence If it
were established and accepted that these letters were used pending the issue of MOA's it may be argued that the provisions relating to MOA's (referred to in para (iii) above) were applicable. If this is not the case then subject to the recipient's rights at common law, and the provisions (if any) in the letters themselves,
the letters could be withdrawn at any time.
/(m) and (n)
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