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LAND ACT 1994 - SECT 15
Leasing land
15 Leasing land
(1) The Governor in Council may issue a freeholding lease following an offer
to convert a lease under chapter 4 , part 3 , division 3 .
(2) The Minister
may— (a) lease unallocated State land for either a term of years or in
perpetuity; and
(b) lease land in a reserve for a term of years only.
(3)
However, a lease in perpetuity of unallocated State land may be granted only
if— (a) under a provision of an Act, other than this Act, a perpetual lease
must be issued over the unallocated State land; or Example of a provision of
an Act for paragraph (a)— Transport Infrastructure Act 1994 , section 105J
(4) and (5)
(b) under a provision of this Act, the Minister may issue a
perpetual lease; or Example of a provision of this Act for paragraph (b)—
section 17 (3)
(c) the Minister considers the lease is in the interests of
the State.
(4) A lease for land that is on the same side of a boundary that
is a tidal boundary or right line tidal boundary as the water subject to tidal
influence may be granted only if— (a) it will not unduly affect safe
navigation and sound development of the State’s waterways and ports; and
(b) the impact on marine infrastructure has been considered; and
(c) it would
not have a detrimental effect on coastal management; and
(d) it is consistent
with the intent of any relevant State management plan.
(5) A lease for land
that is on the same side of a boundary that is a tidal boundary or
right line tidal boundary as the water subject to tidal influence is not an
approval to reclaim the lease land.
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