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LAND ACT 1994 - SECT 159
Deciding whether to offer new lease
159 Deciding whether to offer new lease
(1) The chief executive must consider the following before deciding whether or
not to offer a new lease to the lessee of a term lease, the conditions of the
offer or the imposed conditions of the new lease— (a) the interest of the
lessee;
(b) whether part of the lease land should be set apart and declared
as State forest under the Forestry Act 1959 ;
(c) whether the public interest
could be adversely affected, other than for an issue mentioned in paragraph
(b) , if the lease were renewed;
(d) whether part of the lease land is needed
for environmental or nature conservation purposes;
(e) the condition of the
lease land;
(f) the extent to which the lease land suffers from, or is at
risk of, land degradation;
(g) whether the lessee has complied with, or to
what extent the lessee has complied with, the following— (i) the conditions
of the lease;
(ii) any land management agreement for the lease;
(iii) any
conservation agreement or conservation covenant applying to all or part of the
lease land;
(iv) any approved agreement for an indigenous cultural interest
for the lease land;
(h) whether part of the lease land has a more appropriate
use from a land planning perspective;
(i) whether part of the lease land is
on an island or its location, topography, geology, accessibility, heritage
importance, aesthetic appeal or like issues make it special;
(j) whether part
of the lease land is needed for a public purpose;
(k) whether a new lease is
the most appropriate form of tenure for the lease land;
(l) the lessee’s
record of compliance with this Act;
(m) the natural environmental values of
the lease land.
(2) To remove any doubt, it is declared that, to the extent
the lease land is in an urban area, the chief executive need not consider any
issue that is not relevant to an urban environment. Example of an issue not
relevant to an urban environment— whether part of the lease land should be
set apart and declared as State forest
(3) In considering the natural
environmental values of the lease land, the matters to which the chief
executive must have regard include any advice about the values the chief
executive receives from the NCA department.
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