100Sale of Crown land subject to lease

100 Sale of Crown land subject to lease

(1) This section applies to a sale under this Division of Crown land, if the Crown land is subject to a lease granted under subdivision 1 of Division 9 or any corresponding previous enactment (except a lease for amusement or recreational purposes or for the purposes of rifle ranges or roads and tramways, or a lease under section 137A).

(2) Upon a sale to which this section applies any lease referred to in subsection (1) to which the sale is subject has effect as a lease between the purchaser as lessor and the lessee under the lease as if it had been assigned to the purchaser and as if—

S. 100(2)(a) amended by No. 25/2023 s. 7(Sch. 1 item 17.14).

(a) any reference in the lease (except in relation to the exception and reservation of minerals to the Crown) to His Majesty, the Governor, the Governor in Council, a Minister or any other person having a power or discretion exercisable under the lease for or on behalf of the Crown or lessor were a reference to the lessor for the time being; and

(b) any reference in subdivision 1 of Division 9 or a corresponding previous enactment (except in relation to the exception and reservation of minerals to the Crown) to the powers, discretion or duties of the Minister under that subdivision or enactment in relation to the lease were a reference to powers, discretions or duties of the lessor for the time being; and

S. 100(2)(c) amended by No. 28/1993 s. 6(1)(a).

(c) subject to paragraph (a), in the case of a lease providing for reappraisal of rent, the provisions of that lease and this Act for the re-appraisal of the rent continued to have effect; and

S. 100(2)(ca) inserted by No. 28/1993 s. 6(1)(b).

(ca) subject to paragraph (a), in the case of a lease providing for review of rent, the provisions of that lease and this Act continue to have effect; and

(d) any provision in the lease—

(i) permitting resumption of land for public purposes; or

S. 100(2)(d)(ii) amended by No. 79/1993 s. 11(a).

(ii) requiring contribution by the lessee to the cost of construction of works as if the lessee were liable as owner under the Local Government Act 1958—

were void; and

(e) the lease contained a provision under which the lessee agrees to pay to the lessor the amount of any land tax charged to the owner of the land subject to the lease (other than any amount exceeding the amount payable by an owner owning that land and no other land); and

S. 100(2)(f) amended by No. 28/1993 s. 6(1)(c).

(f) if this Act or the lease provides for the fixing of re-appraised rents by the Minister or for rent review by the Minister—the lease contained the provisions set out in subsections (3), (4), (5), and (6).