137Proposed lessee to give notice of lease arranged privately

137 Proposed lessee to give notice of lease arranged privately Where, under this subdivision, the Minister leases Crown land by private negotiation, the proposed lessee shall, not less than fourteen days before the day on which the lease is to be granted, publish in the Government Gazette and in a newspaper circulating in the district in which the land is situated, a notice specifying— (a) the particulars of the land which is to be leased; (b) the purpose and term of the proposed lease; and (c) the name of the proposed lessee. S. 137AA inserted by No. 10011 s. 10. 137AA Term of lease (1) Subject to this section, the term of a lease granted under this subdivision shall not exceed 21 years. (2) The term of a lease granted under this subdivision for commercial or industrial purposes may exceed 21 years but shall not, subject to subsection (3), exceed 50 years. S. 137AA(3) substituted by No. 40/2009 s. 28(1). (3) The Minister may grant a lease of land for commercial or industrial purposes under this subdivision for a term of more than 50 years but not more than 99 years if the Minister is satisfied that— (a) a building or structure erected or to be erected on the land; or (b) an improvement made or to be made on or to the land— is of a substantial nature and of a value which justifies a lease term exceeding 50 years. S. 137AA(4) amended by Nos 40/2009 s. 28(2), 25/2023 s. 7(Sch. 1 item 17.16). (4) Notwithstanding anything in the **Crown Land (Reserves) Act 1978**, where there is on any Crown land any improvement which is of a substantial nature and is the property of the Crown, the Minister on behalf of His Majesty, may grant a special lease of the land for a term not exceeding 99 years. S. 137AA(5) inserted by No. 96/1994 s. 13(2). (5) Without limiting section 134, a lease granted under that section may contain— (b) provision for a lessee to remain in occupation of the land under the same terms and conditions as existed under the lease, at the discretion of the lessor, for a period not exceeding 3 months from the expiry of the lease. S. 137AA(6) inserted by No. 96/1994 s. 13(2). (6) In the case of a lease under subsection (1), if the lease contains options for renewal of the lease by the lessee, the aggregate of the original term and the further term or terms must not exceed 21 years. S. 137AA(7) inserted by No. 96/1994 s. 13(2). (7) In the case of a lease under subsection (2), if the lease contains options for renewal of the lease by the lessee, the aggregate of the original term and the further term or terms must not exceed 50 years. S. 137AA(8) inserted by No. 96/1994 s. 13(2). (8) In the case of a lease under subsections (3) or (4), if the lease contains options for renewal of the lease by the lessee, the aggregate of the original term and the further term or terms must not exceed 99 years. S. 137AAA inserted by No. 28/1993 s. 5. 137AAA Rent in advance (1) A lease under this subdivision may provide for the whole or any part of the rent under the lease to be payable in advance. (2) The fact that a lease under this subdivision provides for the payment of the whole of the rent in advance does not affect its status as a lease. (3) If a lease under this subdivision is forfeited, the Minister may refund the whole or any part of rent paid in advance, after taking into account the following— (a) the reasons for the forfeiture; (b) any expenses associated with the forfeiture or with seeking a new lessee; (c) whether any new lease of the land is on terms and conditions less favourable to the lessor than those in the forfeited lease; (d) any other commercial considerations that the Minister considers relevant. (4) The Consolidated Fund is by this subsection appropriated to the necessary extent to pay refunds under subsection (3). (5) Subsection (3) has effect despite anything to the contrary in this Act. S. 137AB inserted by No. 10011 s. 10, substituted by No. 28/1993 s. 7. 137AB Rent review (1) Subject to subsection (2), a lease under this subdivision may provide for rent review. (2) A provision for rent review in a lease under this subdivision must not permit rent to be reviewed more than once in each period of 12 months during the term of the lease. S. 137AC inserted by No. 10011 s. 10, amended by No. 25/2023 s. 7(Sch. 1 item 17.17). 137AC Replacement leases The Minister on behalf of His Majesty may grant to a lessee under this subdivision a replacement lease in substitution for his existing lease and on the grant of a replacement lease the lease for which it is substituted shall be cancelled. S. 137AD inserted by No. 10011 s. 10. 137AD Leases may not be assigned etc. without Minister's consent A lessee under this subdivision shall not transfer or assign his interest under the lease or sub-let or encumber the land without first obtaining the written consent of the Minister. S. 137AE inserted by No. 48/1996 s. 22. 137AE Lease granted to generation company S. 137AE(1) amended by No. 69/2000 s. 55(1). (1) Section 134A(2)(a) does not apply in respect of a lease of a stratum of Crown land if the lease is granted to a generation company within the meaning of the **Electricity Industry Act 2000** and is in respect of land used for the purposes of the generation of electricity for supply or sale. S. 137AE(2) amended by No. 69/2000 s. 55(1). (2) Section 137 does not apply to a lease of Crown land if the lease is granted to a generation company within the meaning of the **Electricity Industry Act 2000** and is in respect of land used for the purposes of the generation of electricity for supply or sale. S. 137AE(3) amended by No. 69/2000 s. 55(1). (3) A lease granted to a generation company within the meaning of the **Electricity Industry Act 2000** in respect of land used for the purposes of the generation of electricity for supply or sale does not bring the land under the operation of the **Transfer of Land Act 1958**, despite anything to the contrary in that Act, if that lease includes a provision referring to this section and expressly stating that the land is not brought under the operation of that Act. S. 137A inserted by No. 8763 s. 2(1) (as amended by No. 9126 s. 3(1)).