sec.35Minister may grant lease

sec.35 Minister may grant lease

The Minister may grant a lease in a trust area if— the lease is to satisfy a lease entitlement included in a lease entitlement notice currently in force; and the lease is granted to— the holder of the lease entitlement as identified in the lease entitlement notice whether or not the holder is deceased; or if the holder is deceased, an interested person in the estate of the deceased holder; and either— a statement of reasons (obstacles) stating that there are no practical obstacles to granting the lease was given to the reference entity for the lease entitlement as required under part 4 ; or after the Minister has complied with the requirements of division 4 , subdivision 2 , the Minister considers that there are no practical obstacles to granting the lease. The lease must be— if the lease entitlement relates to land of not more than 1ha—a lease in perpetuity for a purpose decided by the Minister; or otherwise—a lease for a term decided by the Minister for a purpose decided by the Minister. In deciding a purpose or a term under subsection (2) , the Minister must have regard to the lease entitlement notice. Before granting a lease under this division, the Minister must notify the person to whom the Minister intends to grant the lease to satisfy the lease entitlement. If the proposed grantee is deceased, the notice under subsection (4) , must, to the extent practicable, be given to interested persons in the estate of the deceased holder. The granting of the lease satisfies the lease entitlement and the lease entitlement notice ceases to be a lease entitlement notice currently in force. The chief executive may publish on the department’s website that the lease entitlement notice has been satisfied by the grant of a lease. s 35 amd 2019 No. 17 s 4 (sec.35-ssec.1) The Minister may grant a lease in a trust area if— the lease is to satisfy a lease entitlement included in a lease entitlement notice currently in force; and the lease is granted to— the holder of the lease entitlement as identified in the lease entitlement notice whether or not the holder is deceased; or if the holder is deceased, an interested person in the estate of the deceased holder; and either— a statement of reasons (obstacles) stating that there are no practical obstacles to granting the lease was given to the reference entity for the lease entitlement as required under part 4 ; or after the Minister has complied with the requirements of division 4 , subdivision 2 , the Minister considers that there are no practical obstacles to granting the lease. (sec.35-ssec.2) The lease must be— if the lease entitlement relates to land of not more than 1ha—a lease in perpetuity for a purpose decided by the Minister; or otherwise—a lease for a term decided by the Minister for a purpose decided by the Minister. (sec.35-ssec.3) In deciding a purpose or a term under subsection (2) , the Minister must have regard to the lease entitlement notice. (sec.35-ssec.4) Before granting a lease under this division, the Minister must notify the person to whom the Minister intends to grant the lease to satisfy the lease entitlement. (sec.35-ssec.5) If the proposed grantee is deceased, the notice under subsection (4) , must, to the extent practicable, be given to interested persons in the estate of the deceased holder. (sec.35-ssec.6) The granting of the lease satisfies the lease entitlement and the lease entitlement notice ceases to be a lease entitlement notice currently in force. (sec.35-ssec.7) The chief executive may publish on the department’s website that the lease entitlement notice has been satisfied by the grant of a lease.