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CROWN LAND (RESERVES) ACT 1978 - SECT 17CA Leases for up to 65 years for other purposes

CROWN LAND (RESERVES) ACT 1978 - SECT 17CA

Leases for up to 65 years for other purposes

    (1)     Subject to section 17CC(1), where land reserved under section 4 is managed by trustees or a committee of management, despite any vesting of the land in the trustees or committee of management, the Minister may lease any part of the land for a specific term that is more than 21 years, but not more than 65 years, if the Minister is satisfied that—

        (a)     the purpose for which the lease is to be granted is not detrimental to the purpose for which the land is reserved; and

        (b)     the proposed use, development, improvements or works that are specified in the lease are of a substantial nature and of a value which justifies a longer term lease; and

        (c)     the granting of a longer term lease is in the public interest.

    (2)     Where there are no trustees or committee of management for land reserved under section 4, the Minister may lease any part of the land for a specific term that is more than 21 years, but not more than 65 years, if the Minister is satisfied that—

        (a)     the purpose for which the lease is to be granted is not detrimental to the purpose for which the land is reserved; and

        (b)     the proposed use, development, improvements or works that are specified in the lease are of a substantial nature and of a value which justifies a longer term lease; and

        (c)     the granting of a longer term lease is in the public interest.

    (3)     The Minister must not enter into a lease under subsection (1) or (2) in respect of any land that is—

        (a)     reserved for a purpose specified in section 4(1)(l), (m), (n) or (o); or

        (b)     specified in Part 1 or Part 3 of the Fifth Schedule.

    (4)     The Minister must not enter into a lease under subsection (1) or (2) of land that is—

        (a)     reserved for a purpose specified in section 4(1)(w) or (ze); or

        (b)     deemed by section 4(6) to be reserved for the protection of the coastline—

unless the Minister has, by determination, given notice of his or her intention to do so, and—

        (c)     the Minister has laid the determination before each House of Parliament; and

        (d)     the determination has not been disallowed by either House of Parliament.

    (5)     The Minister must publish a determination under subsection (4) in the Government Gazette.

    (6)     The Minister may, for the purposes of entering into a lease of any reserved land under subsection (1) or (2), enter into an agreement to lease that land.

    (7)     If the Minister enters into an agreement to lease reserved land under subsection (6) and the agreement to lease gives a right to occupy the land for a period of time, that period and the period of any lease entered into consequent on the agreement must not exceed, when added together, the maximum lease term permitted under this section.

S. 17CB inserted by No. 40/2009 s. 11.