70Exemption from operation of Act, sections 3.22 and 3.23(7)

#### 70 Exemption from operation of Act, sections 3.22 and 3.23(7) 70 Exemption from operation of Act, sections 3.22 and 3.23(7) > > (1) This clause applies to a council manager of dedicated or reserved Crown land until whichever of the following occurs first— > > > > > (a) the council adopts its first plan of management for the land for the purposes of section 3.23 of the Act, > > > > > (b) the land is classified as operational land with Minister’s consent under section 3.22 of the Act. > > > (2) The council manager is exempt from the operation of section 3.22 of the Act in respect of the following— > > > > > (a) the granting of a short-term licence over the land of a kind that can be granted by a Crown land manager under section 2.20 of the Act, > > > > > (b) the renewal of an existing lease or licence over the land for a term not exceeding the maximum term if there are no additional permitted uses of the land, > > > > > (c) the granting of a new lease or licence over the land for a term not exceeding the maximum term if— > > > > > > > (i) there was a lease or licence in force over the land immediately before 1 July 2018, and > > > > > > > (ii) there are no additional permitted uses of the land, > > > > > (d) the granting of a new lease or licence over the land for a term not exceeding the maximum term if— > > > > > > > (i) the lessee or licensee is an emergency services organisation (within the meaning of the [State Emergency and Rescue Management Act 1989](/view/html/inforce/current/act-1989-165)), a not-for-profit organisation or a community group, and > > > > > > > (ii) the Minister consents to the granting of the lease or licence, > > > > > (e) the granting of a new lease over the land for a term not exceeding the maximum term if— > > > > > > > (i) the negotiations between the council and the lessee in relation to the granting of the lease were commenced and, in the opinion of the Minister, substantially completed before 1 July 2018, and > > > > > > > (ii) the Minister consents to the granting of the lease, > > > > > (f) the granting of a new lease or licence over the land for a term not exceeding the maximum term if the lease or licence could, in the opinion of the Minister, have been granted immediately before 1 July 2018 under a plan of management in force immediately before that date. > > > (2A) The council manager is exempt from the operation of the Act, section 3.23(7). > > > (3) In this clause— > > > > existing lease or licence means a lease or licence in force immediately before 1 July 2018. > > > > maximum term of a lease or licence means a term (including any option for the grant of a further term) of— > > > > > (a) 21 years in the case of the following— > > > > > > > (i) the renewal of an existing lease as referred to in subclause (2) (b), > > > > > > > (ii) the granting of a new lease as referred to in subclause (2) (c), > > > > > > > (iia) the granting of a new lease or licence as referred to in subclause (2)(d), > > > > > > > (iii) the granting of a new lease or licence as referred to in subclause (2) (f), or > > > > > (b) 5 years in any other case. > > **cl 70:** Am 2019 (72), Sch 1 \[3\]; 2019 (608), cl 3; 2021 (261), cl 3(1)–(4).