LAND ACT 1994 - SECT 155D When Minister may reduce

LAND ACT 1994 - SECT 155D

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(1) This section applies to a term lease for rural leasehold land granted for a term as provided for in repealed section 155 (4) , (5) or (6) or extended under section 155A , 155B or 155BA , if any of the following happens (each a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;

(d) for a lease granted for a term of up to 75 years under repealed section 155 (6) or extended under section 155BA —all or any part of the land ceases being an area of international significance under the Cape York Peninsula Heritage Act 2007 .

(2) Subject to sections 155DA and 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"repealed" , in relation to a provision, means as in force before the commencement of this definition.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 , 155B or 155BA , whether or not the extended term has commenced.