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LAND ACT 1994 - SECT 61
Conditions on trustee leases and trustee permits
61 Conditions on trustee leases and trustee permits
(1) A trustee lease or sublease must not be for more than 30 years.
(2)
However, a trustee lease or sublease may be for up 100 years if— (a) the
lease or sublease is for land the subject of an
operational deed of grant in trust; and
(b) the purpose of the lease or
sublease is development that, in the opinion of the Minister— (i) will have
a significant impact on the economic and social development of a locality or
region; and
(ii) is necessary to support existing or proposed infrastructure
that provides, or will provide, services to the community.
Example of a
purpose for paragraph (b)— construction of buildings at, or an upgrade of,
an airport in a regional area
(3) A trustee lease or sublease must not
contain a covenant, agreement or condition— (a) to renew the lease; or
(b)
to convert to another form of tenure (including freehold); or
(c) to buy the
land.
(4) It is a condition of every trustee lease, sublease and trustee
permit that the lessee, sublessee or permittee holds the lease, sublease or
permit so that the land may be used for the purpose for which it was reserved
or granted in trust without undue interruption or obstruction. Note— See
also chapter 5A for prescribed terms that apply to particular trustee leases
or trustee permits.
(5) The condition mentioned in subsection (4) does not
apply to a construction trustee lease or to a building permitted to be built
on the land.
(6) In this section—
"operational deed of grant in trust" means a deed of grant in trust that was
granted under the repealed Act for a public purpose that is not a community
purpose under this Act.
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