Northern Territory Consolidated Acts

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PASTORAL LAND ACT 1992 - SECT 64

Surrender of leases and grant of consolidated lease

    (1)     Where a person is the lessee of land under a pastoral lease and is also the lessee, under another pastoral lease, of land that adjoins the first mentioned land, the person may apply to the Minister for the grant to him or her of a single pastoral lease of all the land the subject of the first mentioned lease together with the land the subject of the other lease.

    (2)     An application under subsection (1):

        (a)     shall be in writing; and

        (b)     shall be accompanied by a plan showing the land that the applicant wishes to be included under the new pastoral lease.

    (3)     On receiving an application under subsection (1), the Minister may refer it to the Board for consideration and recommendation.

    (4)     The Board shall consider an application referred to it under subsection (3) and make such recommendations to the Minister as it thinks fit.

    (5)     The Minister shall, after considering the recommendations of the Board:

        (a)     approve the application; or

        (b)     refuse the application.

    (6)     The Minister shall, by notice in writing, notify the applicant lessee of the Minister's decision and, if the Minister approves the application, shall specify in the notice:

        (a)     the reservations, conditions and provisions that the new lease will contain;

        (b)     the purchase price, if any, for the new lease;

        (c)     the lease grant charges, if any, for the new lease;

        (d)     the fees and deposit payable in respect of the grant of the new lease; and

        (e)     the rent for the new lease.

    (7)     The applicant lessee may, if he or she:

        (a)     has paid all rent due and payable under each of the leases of the respective lands that are to be included in the new lease;

        (b)     accepts the reservations, conditions and provisions specified; and

        (c)     has paid the purchase price, lease grant charges, fees and deposits specified in the notice under subsection (6),

surrender each of the pastoral leases and, subject to Division 4, is to be granted a new pastoral lease of all the lands the subject of the leases so surrendered.

    (8)     A surrender of a pastoral lease:

        (a)     shall be made within 3 months after the date of the notice of the approval of the application; and

        (b)     shall have effect from the date of commencement of the new lease.

    (9)     A new pastoral lease granted under this section shall:

        (a)     preserve the lessee's rights, if any, in respect of improvements on land the subject of the new lease;

        (b)     be for such period (or in perpetuity) as the Minister thinks fit; and

        (c)     in addition to the matters provided for elsewhere in this Act, contain the reservations, conditions and provisions specified in the notice under subsection (5).



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