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LAND ACT 1994 - SECT 155B
Extensions for a term of up to 50 years
155B Extensions for a term of up to 50 years
(1) This section applies to a lease if— (a) the term of the lease is less
than 50 years, including any extension of the term under section 155A ; and
(b) the land management agreement for the lease contains a commitment by the
Minister to extend the lease if either or both of the following circumstances
apply— (i) if the Minister considers land (the
"relevant land" ) that is all or part of the lease should be the subject of a
conservation agreement or conservation covenant—a conservation agreement has
been entered into, or a conservation covenant exists, for the relevant land;
(ii) if the Minister considers it is appropriate for there to be an indigenous
cultural interest for all or part of the lease land—the lease land is
subject to an indigenous cultural interest; and
(c) the lease has not already
been extended under this section.
(2) The lessee may apply to extend the
lease.
(3) The Minister may grant the application and extend the lease if the
Minister is satisfied— (a) the lease land is in good condition; and
(b) the
lessee has complied with any land management agreement and any requirements
under it for the granting of the extension; and
(c) the lessee has complied
with the following for the lease land— (i) any conservation agreement, or
conservation covenant;
(ii) any approved agreement for an indigenous cultural
interest; and
(d) the extension is appropriate, having regard to either or
both of the following for the lease land— (i) the terms of any conservation
agreement or conservation covenant;
(ii) the terms of any approved agreement
for an indigenous cultural interest.
(4) However, the extension— (a) can
not be for more than 10 years; and
(b) must not extend the term of the lease
beyond 50 years.
(5) If an extension is granted for a lease under this
section at the same time as an extension for the lease is granted under
section 155A — (a) for subsection (4) (b) , the term of the lease includes
the extension granted under section 155A ; and
(b) the extension granted
under this section starts on the day after the day the extension granted under
section 155A ends.
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