176Power to withdraw land from lease

176 Power to withdraw land from lease

176 Power to withdraw land from lease

(1) The Minister may, by notice published in the Gazette, withdraw from an aquaculture lease any land (whether the whole or any part of the leased area) required for a public purpose.

(2) A public purpose is any public purpose for which land may, under section 7.8 of the Crown Land Management Act 2016, be withdrawn from a lease under that Act.

(3) On publication of the notice, the lessee becomes entitled to compensation. The provisions of the Land Acquisition (Just Terms Compensation) Act 1991 relating to the payment of compensation for land acquired by compulsory process apply (with such modifications as are prescribed by the regulations) to the payment of compensation under this section.

(4) Compensation under this section—

(a) is payable from money to be provided by Parliament, or

(b) if the area concerned is withdrawn at the request of a public authority—is payable by that public authority.

(5) The Minister may, by notice published in the Gazette, revoke or modify a withdrawal under this section.

(6) A withdrawal under this section does not operate to extinguish any debt to the Crown or Minister relating to the land withdrawn, except to the extent the Minister directs.

(7) On withdrawal of land from a lease under this section, the Minister is to redetermine the rental of the lease in accordance with this Part.

(8) A provision of this section does not apply to an aquaculture lease to the extent that it is inconsistent with a special condition of the lease relating to the withdrawal of land from the lease for a public purpose.

s 176: Am 2017 No 17, Sch 4.32 [2].