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NATIONAL PARKS AND RESERVES MANAGEMENT ACT 2002 - SECT 52 Cancellation of lease where land required for public or other purposes

NATIONAL PARKS AND RESERVES MANAGEMENT ACT 2002 - SECT 52

Cancellation of lease where land required for public or other purposes

(1)  If, in the opinion of the Minister, reserved land that is Crown land subject to a lease under section 48  –
(a) is required for a public purpose; or
(b) is required for the purpose of any other Act; or
(c) should be made available for a purpose which the Minister considers desirable in the public interest –
the Minister, after giving the lessee the notice referred to in subsection (2) and by notice in the Gazette , may cancel the lease in respect of that land.
(2)  At least 3 months before cancelling a lease under subsection (1) , the Minister is to give the lessee written notice specifying –
(a) the land or portion of the land which is required or should be made available; and
(b) the purpose or purposes for which the land is required or should be made available.
(3)  If a lease is cancelled as to a portion of the land comprised in the lease –
(a) the lease has effect in respect of the land remaining under the lease; and
(b) the Director is to determine the rent payable under the lease in respect of that land.
(4)  On the determination under subsection (3)(b) of the rent to be payable, that rent becomes payable under the lease.
(5)  In determining the rent payable under subsection (3)(b) , the Director is to make due allowance for any diminution in the relative value of the land –
(a) by reason of the reduction in the area of land held under the lease; and
(b) by reason of such other matters as the Director thinks fit.
(6)  A notice under subsection (2) is not a statutory rule within the meaning of the Rules Publication Act 1953 .