Northern Territory Consolidated Acts

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SPECIAL PURPOSES LEASES ACT - SECT 10

Procedure on application for further lease

    (1)     At any time during 6 months immediately before the expiration of a lease, the lessee may make application in writing for a further lease of the land comprised in the lease for the purpose of which the expiring lease was granted.

    (2)     On receipt of an application under subsection (1), the Minister may:

        (a)     grant to the lessee a further lease of the land;

        (b)     inform the lessee that he intends to sub-divide the land into blocks and make the blocks available for leasing; or

        (c)     reject the application.

    (3)     If the Minister informs the lessee in accordance with subsection (2) that he intends to sub-divide the land, the lessee shall be entitled to the grant of a lease of such one of the blocks into which the land is sub-divided as the lessee elects.

    (4)     An election under subsection (3) shall be in writing and served by post on the Minister.

    (5)     A lease granted under this section:

        (a)     shall be for a term of years or in perpetuity, as determined by the Minister and specified in the lease instrument; and

        (b)     shall include such reservations, covenants, conditions and provisions as are prescribed and such additional reservations, covenants, conditions and provisions as are determined by the Minister and specified in the lease instrument.

    (6)     If the Minister rejects an application made under subsection (1) he shall not, before or within 3 years after the expiration of the lease, grant to a person other than the lessee a lease of the land or a part of the land in respect of which the application is made unless the lease has first been offered in writing to the lessee and the lessee has either refused the offer or failed to accept the offer within 3 months after the date on which the offer was made.

    (7)     Nothing in this section shall limit the power of the Minister:

        (a)     to make all or part of any land in respect of which an application is made under subsection (1) available for leasing under an Act other than this Act; or

        (b)     to grant at any time, under an Act other than this Act, a lease to any person of land in respect of which a lease under this Act has expired.



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