SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 76
Granting Land Act lease
SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 76
Granting Land Act lease
76 Granting Land Act lease
(1) This section applies if—
(a) a transferred asset is attached to land
that is a reserve or unallocated State land; and
(b) the Land Act Minister is
satisfied the part of the land on which the transferred asset is situated (the
"relevant part" ) is not of adequate area to be allocated as freehold land,
having regard to the location of the transferred asset and the use made of the
adjoining land.
(3) If the land is a reserve and the Land Act Minister
grants a State lease over the relevant part, that Minister may, before
granting the lease, require the distributor-retailer and the trustee of the
reserve to agree to a plan of survey identifying the relevant part.
(4) If
the Land Act Minister decides to grant a lease under this section, it must be
for the maximum term permitted under the Land Act .
(5) For the Land Act ,
chapter 5 , part 1 , division 1 , the annual rent for the lease is the minimum
rent applicable for the category of the lease.
(6) An evaluation under the
Land Act , section 16 is not required for the allocation of the land.
(7) In
this section—
"transferred asset" means an asset transferred under a transfer scheme or
transfer notice without the transfer of land to which the asset is attached or
a change in the trusteeship.