35Grant of option to purchase to outgoing lessee or payment of value for improvements effected on Crown land

### 35 Grant of option to purchase to outgoing lessee or payment of value for improvements effected on Crown land > > (1)  *\[Section 35 Subsection (1) amended by No. 99 of 1982, s. 3 and Sched. 2 \]*Where, upon the expiration by effluxion of time of a lease of land for rural purposes the Minister is satisfied that the improvements effected thereon are of such a nature that it is desirable to sell the estate in fee simple in the land to the lessee he may, in his absolute discretion, grant the lessee, subject to [section 13(3)](#GS13@Gs3@EN) and on such terms and conditions as he thinks fit, an option to purchase the land. > > > (2)  Where the lessee is not granted an option under [subsection (1)](#GS35@Gs1@EN) or is granted an option but fails to exercise it or advises the Minister that he does not wish to exercise the option, the Minister shall, when offering the land for lease, fix in the price for the leasing of that land an amount that he considers to be the fair and reasonable value of the improvements effected to that land. > > > (3)  [*\[Section 35 Subsection (3) amended by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002\]*](/view/html/inforce/2002-07-01/act-2001-073#JS1@Ja11@GC4@EN) [*\[Section 35 Subsection (3) substituted by No. 7 of 2025, s. 74, Applied:01 Jul 2025\]*](/view/html/inforce/2025-07-01/act-2025-007#GS74@EN) If the Minister decides to fix an amount under [subsection (2)](#GS35@Gs2@EN) in respect of improvements – > > > > > > (a) the Minister is to notify the lessee of that decision by notice in writing served on the lessee; and > > > > > > > (b) if the lessee is aggrieved by that decision, the lessee may apply to the Tasmanian Civil and Administrative Tribunal for a review of the decision. > > > (4)  The person who is granted a lease of the land referred to in [subsection (2)](#GS35@Gs2@EN) shall pay to the Minister at the time he leases the land the amount affixed by the Minister as the value of the improvements and in default of payment thereof the land shall not be leased to that person but shall forthwith again be offered for leasing. > > > (5)  Where the Minister has received money under [subsection (4)](#GS35@Gs4@EN) in respect of the value of any improvements effected on the land referred to in [subsection (2)](#GS35@Gs2@EN) , he may pay to the outgoing lessee an amount that represents the lessee's interest in the value of those improvements so long as the payment does not exceed the amount so received by him.