New South Wales Consolidated Acts

LORD HOWE ISLAND ACT 1953 - SECT 21

21 Leases in perpetuity for residence

(1) Subject to this section the Minister may lease areas not exceeding in any case 2 hectares of vacant Crown lands for the purpose of residence.

(2) A lease under this section shall be in or to the effect of the prescribed form, and may only be granted to an Islander of or above the age of 18 years or 2 or more such Islanders as joint tenants or tenants in common.

(3) The title to a lease under this section shall be a lease in perpetuity.

(4) An application for a lease under this section shall be made to the Board in the manner and in or to the effect of the prescribed form.

(5) The Board shall report to the Minister as to whether there is any objection in the public interest or otherwise to the granting of the application either as to the whole or any part of the land the subject of the application and generally as to the merits thereof. If the Board deems it expedient to recommend the granting of the application either as to the whole or any part of the land the subject of the application it shall also report as to what conditions (if any) should attach to the lease.

(6) After receipt of such report the Minister may grant a lease either as to the whole or any part of the land the subject of the application if the Board so recommends, or the Minister may at his or her discretion refuse the application.

(7) Subject to this subsection and subsections (7A) and (7B), a condition of residence on the lease shall attach thereto in perpetuity, and shall be performed by the holder or sublessee thereof for the time being, and residence shall commence within six months after the granting of the application or such further period as the Minister on the recommendation of the Board may approve. Where the holder or the owner (subject to mortgage) or sublessee of the lease has been or shall be prevented by sickness of himself or herself or family or other adverse circumstance from performing such condition, the Board may, upon application as prescribed, and on sufficient reason being shown, suspend such condition for such period and subject to such conditions as the Board may approve.

(7A) The Minister may, in special circumstances, for such time and on such terms and conditions as the Minister thinks fit, suspend the condition of residence on a lease held or owned (subject to mortgage) by, or subleased to, an Islander who already (whether jointly or not) holds or owns (subject to mortgage) or subleases not more than one other lease.

(7B) Where a lease is held or owned (subject to mortgage) by, or is subleased to, 2 or more persons jointly, subsections (7) and (7A) extend to authorising suspension of the condition of residence in respect of any of the joint holders, owners or sublessees in the same way as it does in respect of a sole holder, owner or sublessee.

(8) The Minister may annex to any such lease such conditions reservations and provisions as the Minister may think fit. Any such condition reservation or provision annexed to such lease may on application by the lessee in the prescribed manner and on the recommendation of the Board be varied modified or revoked by the Minister.