16Effect of determination to replace lease or licence

16 Effect of determination to replace lease or licence

(1)  A shack site determination referred to in section 4(1)(a) authorises the Minister to –

(a) cancel the subsisting lease or licence for the shack site; and

(b) [Section 16 Subsection (1) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002] offer the lessee or licensee, by way of replacement, a lease of the shack site under and subject to the Crown Lands Act 1976 or, if applicable, the National Parks and Reserves Management Act 2002 for a period not exceeding 30 years.

(2)  Without limiting the matters that may be made terms or conditions of the replacement lease, such lease may contain provisions generally to the effect of any one or more of the following:

(a) that the lessee must carry out specified work or provide specified infrastructure, or both, within a specified time or at specified intervals and that, in default, the Crown may carry out the work or provide the infrastructure at the cost of the lessee;

(b) that the lessee must make a capital contribution towards the cost of providing any infrastructure that has been or, in the reasonable opinion of the Secretary, will have to be provided by the Crown in relation to the shack site;

(ba) [Section 16 Subsection (2) amended by No. 67 of 1999, s. 8, Applied:17 Nov 1999] that the lessee must pay, or make a capital contribution towards, the administrative costs;

(c) that the lessee must enter into a joint scheme with adjoining lessees or other specified persons;

(d) that the lessee must seek the approval of specified persons in relation to specified matters within a specified time or at specified intervals;

(e) that the lessee must, in relation to the shack site, adopt, cease or modify any practice in relation to the treatment or disposal of waste water;

(f) that the lessee must adopt, cease or modify any practice in relation to the environmental protection of the shack site;