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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"operational deed of grant in trust" means a deed of grant in trust that was granted under the repealed Act for a public purpose that is not a community purpose under this Act.



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