LAND ACT 1994 - SECT 155D
When Minister may reduce
LAND ACT 1994 - SECT 155D
When Minister may reduce
155D When Minister may reduce
(1) This section applies to a term lease for rural leasehold land granted for
a term as provided for in repealedsection 155(4) , (5) or (6) or extended
under section 155A, 155Bor 155BA, if any of the following happens (each a
"relevant circumstance" )—
(a) if, when the lease was granted or extended,
the Minister was satisfied the land was in good condition—the Minister
considers the land is no longer in good condition;
(b) if a conservation
covenant existed or a conservation agreement had been entered into for the
land when the lease was granted or extended—
(i) the covenant or agreement
ceases to be in effect for the land; or
(ii) the Minister considers the
lessee has not complied with the terms of the covenant or agreement;
(c) if
the lease land was subject to an indigenous cultural interest when the lease
was granted or extended—
(i) the interest ceases to be in effect for the
land; or
(ii) the Minister considers the lessee has not complied with the
terms of the approved agreement for the interest;
(2) Subject to sections 155DAand 155E, the Minister may reduce the term of
the lease by the number of years the Minister considers appropriate, having
regard to the maximum term for which the lease would have been granted or
extended if the relevant circumstance had existed at the time of the grant or
extension.
(3) However, the Minister can not reduce the term by an amount
that results in the lease no longer having an unexpired term.
(4) In this
section—
"repealed" , in relation to a provision, means as in force before the
commencement of this definition.
"term" , of a lease, includes any extension of the term of the lease under
section 155A, 155Bor 155BA, whether or not the extended term has commenced.