LAND ACT 1958 - SECT 273 Demises
LAND ACT 1958 - SECT 273
Demises(1) This Part applies to any demise subsisting at the date of repeal of the Agricultural Colleges Act 1958 being a demise—
(a) that by paragraph (c) of section 5 of the Agricultural Colleges Act 1944 was—
(i) declared not to be affected, save as thereinafter provided, by the foregoing provisions of that section; and
(ii) notwithstanding anything in the Land Acts, declared to continue and authorized to be renewed from time to time in accordance with that paragraph and the proviso and further proviso to that paragraph; and
(b) was so continued and renewed or was so continued but was renewed in accordance with section 5A(1) of the Agricultural Colleges Act 1958 .
(2) A demise to which this Part applies may from time to time be renewed by the Minister subject to such terms and conditions as he thinks fit and for a term of years not exceeding thirty years and the rent under such a renewal may be refixed at intervals of five years after the date of renewal.
(3) No renewal of any demise to which this Part applies shall prevent the land subject to that demise or any part of that land from being reserved pursuant to section 4 of the Crown Land (Reserves) Act 1978 but upon any such reservation the demise shall be deemed to relate only to such part (if any) of that land as is not affected by the reservation and the rent thereafter payable under the demise shall be reduced by an amount to be determined by the Minister as being proportionate to the value of the land reserved.
(4) Where any land is subject to a demise to which this Part applies and in the opinion of the Minister—
(a) that land constitutes or forms an essential part of the farm of the lessee; or
(b) any portion of that land is essential to the farming operations of the lessee—
the Governor in Council, notwithstanding anything in any other section of this Act but subject to this subsection, may, on the recommendation of the Minister dispose of that land or portion to the lessee either by purchase lease at a rental determined by the Minister or by grant in fee simple at a price determined by the Minister and the following provisions shall apply in respect of any recommendation, demise or grant under this subsection—
S. 273(4)(i) amended by No. 27/2001 s. 3(Sch. 1 item 4.3).
(i) no such recommendation shall be made if in the opinion of the Minister the disposal of the land or portion would result in an undesirable aggregation of holdings by the lessee or by the lessee and his spouse or domestic partner;
(ii) no such recommendation shall be made in respect of any land which in the opinion of the Minister is required for any public purpose;
(iii) every purchase lease under this subsection shall be in such form and subject to such terms and conditions as are prescribed by the regulations;
(iv) the purchase price of the land or portion shall be determined by the Minister before it is demised or granted under this subsection;
(v) upon payment of the purchase money so determined the lessee of the land or portion demised under this subsection shall if he has complied with the terms and conditions of the purchase lease be entitled to a grant in fee simple of the land or portion so demised;
(vi) every grant in fee simple under this subsection shall be subject to such covenants conditions exceptions and reservations as the Governor in Council directs;
(vii) all rents and purchase moneys under this subsection shall be paid into and form part of the Consolidated Fund.
Ss 274–296 repealed by No. 9183 s. 7.
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S. 297 repealed by No. 7548 s. 8(2)(a).
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Pt 4 (Heading and ss 298–301) amended by Nos 7228 s. 7(Sch. 4 Pt 19(xb)), 8461 s. 50, repealed by No. 8763 s. 4(1).
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No. 5585 s. 2.