43Surrender of leases and grant of consolidated lease

43 Surrender of leases and grant of consolidated lease (1) Where a person is the lessee of land under a lease under this Act and is also the lessee, under another lease or other leases of the same kind as the first mentioned lease, of land which adjoins the first mentioned land, the person may apply to the Minister for the grant to the person of a new lease of all the land included in the first mentioned lease and of all the land included in the other lease or any of those other leases. (2) An application under subsection (1): (a) shall be in writing; and (b) shall be accompanied by a plan showing the land which it is desired to have included in the new lease. (3) The Minister may: (a) approve the application; or (b) refuse the application. (4) The Minister shall not approve an application under this section where the leases to be surrendered are for different purposes. (5) The Minister shall notify the person of the Minister's decision in writing and, if the Minister has approved the application, the Minister shall specify in the notification: (a) the reservations, conditions and provisions that the new lease shall contain; and (b) the purchase price, if any, for the new lease and the lease grant charges, if any, for the new lease. (6) The person may: (a) if he or she has paid all rent due under each of the leases of the respective lands that are to be included in the new lease; (b) if he or she accepts the reservations, conditions and provisions specified in the notification; and Crown Lands Act 1992 22 (c) if he or she has paid the purchase price, lease grant charges, fees and deposits specified in the notification, surrender each of the leases, and shall be granted a new lease for all the lands included in the leases so surrendered. (7) A surrender of a lease: (a) shall be made within 90 days after the date of the notification of the approval of the application; and (b) shall have effect from the date of commencement of the new (8) A new lease granted under this section: (a) shall be of the same kind of lease as the surrendered leases; (b) shall preserve the lessee's rights, if any, in respect of improvements on any land included in the new lease; (c) shall be for a period which will expire on the earliest date on which any of the surrendered leases would have expired; and (d) shall, in addition to the matters provided for elsewhere in this Act, contain the reservations, conditions and provisions specified in the notification of the approval of the application.