55Conditions in perpetual lease

55 Conditions in perpetual lease

(1) Every perpetual lease shall be issued by the Governor in Council, and shall contain the following conditions namely—

(a) a condition for the payment in advance of the yearly rent;

S. 55(1)(b) amended by No. 52/1994 s. 97(Sch. 3 item 16.4).

(b) a condition that the perpetual lessee shall at once and to the satisfaction of the Minister commence and continue to eradicate or control and will within two years after the issue of the perpetual lease have eradicated or controlled to the satisfaction of the Minister the pest animals upon the land demised, and that the lessee will keep the land free of pest animals and noxious weeds within the meaning of the Catchment and Land Protection Act 1994 to the satisfaction of the Minister;

S. 55(1)(c) amended by No. 9427 s. 6(1)(Sch. 5 item 75).

(c) a condition that the perpetual lessee shall within six years from the issue of the perpetual lease if not sooner called upon under the provisions of the Fences Act 1968 enclose the land demised with a fence and keep the same in repair provided however that where any lessee proves to the satisfaction of the Minister that owing to the physical conditions or the nature of the land demised the enclosing thereof with a fence would be impracticable or where in the opinion of the Minister the fencing of the whole or any part of the land demised is not required, the Minister may in writing accept as a compliance with the fencing covenant the expenditure by the lessee on such land for substantial and permanent improvements previously approved by the Minister of an amount equivalent in the Minister's opinion to the cost of fencing;

S. 55(1)(d) amended by No. 8461 s. 11(a).

(d) a condition that the perpetual lessee his executors administrators or assigns shall within six months after the granting of the perpetual lease reside upon the land demised or within nine kilometres thereof and that he shall reside upon the land demised or within nine kilometres thereof for at least six months during the first year of the term of such lease and for at least eight months during each of the second third fourth and fifth years of such term, provided that if he cultivates at least one-fourth of the land demised within the first two years of such term and at least one-half thereof before the end of the fourth year of such term this condition as to residence shall not operate;

S. 55(1)(e) amended by Nos 8461 s. 11(b)(i)-(v), 96/1994 s. 31(a)(i)(ii).

(e) a condition that the perpetual lessee shall on the land demised make substantial and permanent improvements certified in writing signed by the Minister not exceeding the value of $2.50 for every hectare of the said land before the end of the third year from the commencement of the lease, and not exceeding the value of $2.50 for every hectare before the end of the sixth year from such commencement;