29Lease of Crown land

### 29 Lease of Crown land > > (1)  Subject to this Act, the Minister may lease Crown land in such manner, to such persons, for such purposes, at such rent, and on such terms and conditions as he thinks fit. > > > (1A)  [*\[Section 29 Subsection (1A) amended by No. 28 of 2015, s. 5, Applied:14 Sep 2015\]*](/view/html/inforce/2015-09-14/act-2015-028#GS5@Hpa@EN) [*\[Section 29 Subsection (1A) amended by No. 33 of 2003, s. 5, Applied:18 Jun 2003\]*](/view/html/inforce/2003-06-18/act-2003-033#GS5@Hpa@EN) [*\[Section 29 Subsection (1A) inserted by No. 60 of 2000, s. 5, Applied:14 Nov 2000\]*](/view/html/inforce/2000-11-14/act-2000-060#GS5@EN) [Subsection (1)](#GS29@Gs1@EN) does not apply in respect of portfolio land. > > > (2)  No Crown land shall be leased for a period exceeding 99 years. > > > (2A)  *\[Section 29 Subsection (2A) substituted by No. 18 of 1995, s. 3 and Sched. 1 \]*The Minister must not grant a lease under this section in respect of an area within State waters as defined by the [Living Marine Resources Management Act 1995](/view/html/inforce/2026-04-12/act-1995-025) for a purpose for which a lease may be issued under the [Marine Farming Planning Act 1995](/view/html/inforce/2026-04-12/act-1995-031) . > > > (3)  Notwithstanding the provisions of [subsection (2)](#GS29@Gs2@EN) , the period of a lease of Crown land – > > > > > > (a) for rural purposes other than for forestry shall not exceed 21 years; and > > > > > > > (b) other than land bordering on, or forming the bed of, tidal or inland waters or the sea, for industrial or business purposes, shall not exceed 50 years. > > > (4)  The Minister, in his absolute discretion, may renew a lease of Crown land referred to in [subsection (3)](#GS29@Gs3@EN) for a further period not exceeding the period referred to in that subsection that is applicable to the lease on and subject to such terms and conditions as the Minister may determine. > > > (5)  No lease of Crown land under this Act confers on the lessee any right to, or interest in, any minerals or mining products or, except as otherwise expressly provided, any timber or forest products upon or in the demised land. > > > (6)  The Minister may grant, appurtenant to any Crown land comprised in a lease, an easement or other right in or over any other Crown land on such terms and conditions as he thinks fit. > > > (7)  *\[Section 29 Subsection (7) amended by No. 23 of 1978, s. 6 and Sched. 1 \]*A lessee may assign his lease to any person if he – > > > > > > (a) [*\[Section 29 Subsection (7) amended by No. 17 of 1996, Applied:19 Mar 2002\]*](/view/html/inforce/2002-03-19/act-1996-017#AT@EN) obtains the approval of the Minister to the assignment thereof; and > > > > > > > (b) lodges with the Director-General a transfer in the form approved by the Director-General; and > > > > > > > (c) pays the prescribed fee. > > > (8)  The Minister may, in his absolute discretion, refuse to give his approval to the assignment of any lease or he may grant his approval on such terms and conditions as he may think fit. > > > (9)  [*\[Section 29 Subsection (9) amended by No. 28 of 2015, s. 5, Applied:14 Sep 2015\]*](/view/html/inforce/2015-09-14/act-2015-028#GS5@Hpb@EN) [*\[Section 29 Subsection (9) inserted by No. 33 of 2003, s. 5, Applied:18 Jun 2003\]*](/view/html/inforce/2003-06-18/act-2003-033#GS5@Hpb@EN) The holder of a lease of portfolio land may, with the approval of the Portfolio Minister, assign the lease to any person. > > > (10)  [*\[Section 29 Subsection (10) inserted by No. 33 of 2003, s. 5, Applied:18 Jun 2003\]*](/view/html/inforce/2003-06-18/act-2003-033#GS5@Hpb@EN) The Portfolio Minister may, in his or her absolute discretion – > > > > > > (a) refuse to approve the assignment of the lease; or > > > > > > > (b) approve the assignment on such terms and conditions as he or she thinks fit.