Section 22—
omit, insert—
'(1) To remove any doubt, it is declared that the following land is not available State land—
(a) the waters of the sea, and the seabed, other than tidal land declared to be available State land under section 18(1);
(b) freehold land;
(c) land subject to a lease, licence or permit under the Land Act.
'(2) Despite subsection (1)(c), land subject to a lease, licence or permit under the Land Act is available State land if an available State land agreement is in force for the land.'.