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LAND ADMINISTRATION ACT 1997 - SECT 80

80 .         Conditional purchase leases

        (1)         In this section —

        conditional purchase lease means conditional purchase lease granted under subsection (2).

        (2)         The Minister may grant to an applicant a conditional purchase lease of any Crown land.

        (3)         A conditional purchase lease may be granted —

            (a)         for such term and subject to the payment of such rental, instalments and interest as the Minister thinks fit; and

            (b)         on condition that improvements specified in the conditional purchase lease are made within the period so specified; and

            (c)         on such other conditions and subject to such covenants, reservations or exemptions as the Minister thinks fit or as are prescribed.

        (4)         When the Minister is satisfied that the lessee under a conditional purchase lease —

            (a)         has made improvements specified in the conditional purchase lease under subsection (3)(b); and

            (b)         has complied with all conditions, covenants, reservations and exemptions to which the conditional purchase lease is subject,

                the Minister must transfer that Crown land in fee simple to that lessee —

            (c)         if a purchase price was fixed when the conditional purchase lease was granted, on payment to the Minister of the full purchase price, whether or not paid by rental that the conditional purchase lease provides or the Minister agrees may be offset against the purchase price, together with any other outstanding rental or outstanding interest as the Minister may require the lessee to pay before the Crown land is transferred to the lessee; or

            (d)         if a purchase price was not fixed when the conditional purchase lease was granted, on payment to the Minister of the full purchase price, which price is to be fixed by the Minister or calculated in accordance with the terms of the conditional purchase lease, together with any other outstanding rental or outstanding interest as the Minister may require the lessee to pay before the Crown land is transferred to the lessee.

        (5)         In determining whether under subsection (4)(c) or (d) the full purchase price has been paid, the Minister is to offset against the price fixed by the Minister or calculated in accordance with the terms of the conditional purchase lease any rental payment that the conditional purchase lease provides or the Minister agrees may be offset against the purchase price.

        (6)         If the lease is mortgaged, is affected by another interest or is subject to a caveat and the lessee, during the continuance of the mortgage, other interest or caveat, becomes entitled under subsection (4), the mortgage, other interest or caveat is by operation of this subsection transferred to the fee simple and applies to the fee simple when transferred in all respects as if the fee simple had been referred to in the mortgage, other interest or caveat and has the same effect in respect of the fee simple as if it were a mortgage, other interest or caveat under the TLA.

        [Section 80 amended: No. 59 of 2000 s. 20; No. 4 of 2023 s. 92.]



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