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LAND ADMINISTRATION ACT 1997 - SECT 124A

LAND ADMINISTRATION ACT 1997 - SECT 124A

124A .         Phasing in increases to rent due to s. 123 determination

        (1)         In this section —

        annual rent , for a pastoral lease, means the annual rent determined by the Valuer-General under section 123(1)(a);

        determined annual rent means the annual rent for a pastoral lease that may be phased in by regulations made for the purposes of subsection (2).

        (2)         The regulations may provide for the phasing in of the annual rent for a pastoral lease that, as the result of a determination by the Valuer-General under section 123(1)(a), is greater than the annual rent for the lease that applied immediately before the Valuer-General’s determination came into effect.

        (3)         Regulations made for the purposes of subsection (2) may provide that the annual rent payable for the pastoral lease is, instead of the determined annual rent, an amount —

            (a)         that is less than the determined annual rent; and

            (b)         that is calculated as set out in the regulations.

        (4)         Regulations made for the purposes of subsection (2) must have the effect that, within a period (the phase-in period ) not greater than 5 years after the day on which the determination by the Valuer-General under section 123(1)(a) comes into effect in respect of the pastoral lease, the annual rent payable for the pastoral lease is an amount equal to the determined annual rent adjusted in accordance with the regulations to take into account changes in CPI numbers during the phase-in period.

        (5)         The Minister must not make a determination under section 122H(1) in respect of the pastoral lease during the phase-in period.

        [Section 124A inserted: No. 32 of 2009 s. 5; amended: No. 4 of 2023 s. 61.]