PASTORAL LAND MANAGEMENT AND CONSERVATION ACT 1989 - SECT 28

PASTORAL LAND MANAGEMENT AND CONSERVATION ACT 1989 - SECT 28

28—Dealing with pastoral leases

        (1)         Subject to the conditions of the lease, the interest of the lessee under a pastoral lease cannot be transferred, assigned, mortgaged, sublet or otherwise dealt with without the consent of the Minister.

        (2)         The Minister must not unreasonably or capriciously refuse or withhold consent under subsection (1).

        (3)         Where a lessee transfers or assigns his or her interest under a pastoral lease, all accrued and accruing liabilities pass to the transferee or assignee.

        (4)         Any such liabilities that had accrued before the date of the transfer or assignment may be enforced against the transferor or assignor (who will be regarded as jointly and severally liable with the transferee or assignee).

        (5)         A pastoral lease can be wholly or partially surrendered with the consent of the Minister (which may be unconditional or subject to conditions) and, subject to subsection (6), the consent of all persons who have a registered interest in or caveat over the lease.

        (6)         If it appears to the Minister that a consent has been unreasonably withheld, the Minister may accept the surrender despite the absence of that consent.

        (7)         Where the surrender of a pastoral lease is conditional on the granting of an interest in the land to the lessee or any other person, an interest or caveat registered on the lease continues in force and will be endorsed on the new lease or other documents of title, unless the holder of the interest or caveat consents to its discharge.

        (8)         Where the surrender of a pastoral lease is not conditional on the granting of an interest in the land to the lessee or any other person, the land reverts to the Crown freed from all encumbrances and claims.