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; (f) a condition that the lease shall be voidable at the will of the Governor in Council in the event of any breach of or non-compliance with the covenants or conditions thereof by the perpetual lessee[[1]](#endnote-2); (g) a condition that the perpetual lessee will not transfer assign mortgage sublet or part with the possession of the whole or any part of the land demised within the first six years of such lease. Where any lease is assigned to any person by the trustee assignee or receiver in bankruptcy or the executors or administrators of the lessee such lessee not having personally resided on the land demised pursuant to the conditions of the lease or no proof satisfactory to the Minister being given of such residence the Governor in Council may date such assigned lease so as to enable the new lessee to comply with the said condition of residence contained in the lease and may make such adjustments of rent as are necessary and the said lease shall be read and construed accordingly; (h) a condition that if any time after the expiration of the first six years of such lease the Minister is satisfied that all the covenants and conditions thereof have been complied with and that no rent is due thereon the perpetual lessee may with the written consent of the Minister transfer mortgage sublet or part with the possession of the whole or any part of the land demised; and S. 55(1)(i) amended by No. 25/2023 s. 7(Sch. 1 item 17.11). (i) a condition that the Governor in Council or the Minister may at any time enter upon the whole or portion of the land demised for the purpose of resuming any land comprised therein and required for reserves for public purposes roads railways canals reservoirs or for mining purposes. Every perpetual lessee shall upon such entry remove any improvements from his leasehold or part thereof and relinquish and give up possession of the said leasehold or part to His Majesty. There shall be paid by His Majesty the actual cost of removing and re-erecting, and any actual depreciation in value caused by such removal and re‑erection of his improvements and the amount of loss sustained in consequence of relinquishing improvements not removable. Such cost or amount shall be fixed by the Minister but shall not include compensation for severance or for any person's interest in the perpetual lease and may be paid to such person or persons as the Minister determines. (2) Every perpetual lease shall also be subject to such conditions as may be provided by regulations. S. 56 amended by Nos 7228 s. 7(Sch. 4 Pt 19(k)), 8181 s. 2(1)(Sch. item 91), 10011 s. 8, substituted by No. 40/2020 s. 40.