QLDIn ForceAct
Land Act 1994
sec.155BAExtensions for a term of up to 75 years
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### sec.155BA Extensions for a term of up to 75 years
This section applies to a lease if—
the term of the lease is less than 75 years, including any extension of the term under section 155A or 155B ; and
the land management agreement for the lease contains a commitment by the Minister to extend the lease if the following circumstances apply—
if the Minister considers land (the relevant land ) that is all or part of the lease should be the subject of a conservation agreement or conservation covenant—a conservation agreement has been entered into, or a conservation covenant exists, for the relevant land;
the lease land is subject to an indigenous cultural interest; and
all or part of the lease land (the declared land ) is an area of international conservation significance under the Cape York Peninsula Heritage Act 2007 ; and
the lease has not already been extended under this section.
The lessee may apply to extend the lease.
The Minister may grant the application and extend the lease if the Minister is satisfied—
the lease land is in good condition; and
the lessee has complied with the land management agreement and any requirements under it for the granting of the extension; and
the lessee has complied with any conservation agreement or conservation covenant applying to all or part of the lease land; and
the lessee has complied with the approved agreement for the indigenous cultural interest for the lease land; and
the extension is appropriate, having regard to any or all of the following for the lease land—
the terms of any conservation agreement or conservation covenant;
the terms of the approved agreement for the indigenous cultural interest;
the size of the declared land.
However, the term of the extension—
can not be for more than 25 years; and
must not extend the term of the lease beyond 75 years.
If an extension is granted for a lease under this section at the same time as an extension is granted for the lease under section 155A or 155B —
for subsection (4) (b) , the term of the lease includes the extension granted under section 155A or 155B ; and
the extension granted under this section starts on the day after the day all extensions granted under sections 155A and 155B end.
s 155BA ins 2010 No. 12 s 108
amd 2013 No. 2 s 122
(sec.155BA-ssec.1) This section applies to a lease if— the term of the lease is less than 75 years, including any extension of the term under section 155A or 155B ; and the land management agreement for the lease contains a commitment by the Minister to extend the lease if the following circumstances apply— if the Minister considers land (the relevant land ) that is all or part of the lease should be the subject of a conservation agreement or conservation covenant—a conservation agreement has been entered into, or a conservation covenant exists, for the relevant land; the lease land is subject to an indigenous cultural interest; and all or part of the lease land (the declared land ) is an area of international conservation significance under the Cape York Peninsula Heritage Act 2007 ; and the lease has not already been extended under this section.
(sec.155BA-ssec.2) The lessee may apply to extend the lease.
(sec.155BA-ssec.3) The Minister may grant the application and extend the lease if the Minister is satisfied— the lease land is in good condition; and the lessee has complied with the land management agreement and any requirements under it for the granting of the extension; and the lessee has complied with any conservation agreement or conservation covenant applying to all or part of the lease land; and the lessee has complied with the approved agreement for the indigenous cultural interest for the lease land; and the extension is appropriate, having regard to any or all of the following for the lease land— the terms of any conservation agreement or conservation covenant; the terms of the approved agreement for the indigenous cultural interest; the size of the declared land.
(sec.155BA-ssec.4) However, the term of the extension— can not be for more than 25 years; and must not extend the term of the lease beyond 75 years.
(sec.155BA-ssec.5) If an extension is granted for a lease under this section at the same time as an extension is granted for the lease under section 155A or 155B — for subsection (4) (b) , the term of the lease includes the extension granted under section 155A or 155B ; and the extension granted under this section starts on the day after the day all extensions granted under sections 155A and 155B end.
- (a) the term of the lease is less than 75 years, including any extension of the term under section 155A or 155B ; and
- (b) the land management agreement for the lease contains a commitment by the Minister to extend the lease if the following circumstances apply— (i) if the Minister considers land (the relevant land ) that is all or part of the lease should be the subject of a conservation agreement or conservation covenant—a conservation agreement has been entered into, or a conservation covenant exists, for the relevant land; (ii) the lease land is subject to an indigenous cultural interest; and
- (i) if the Minister considers land (the relevant land ) that is all or part of the lease should be the subject of a conservation agreement or conservation covenant—a conservation agreement has been entered into, or a conservation covenant exists, for the relevant land;
- (ii) the lease land is subject to an indigenous cultural interest; and
- (c) all or part of the lease land (the declared land ) is an area of international conservation significance under the Cape York Peninsula Heritage Act 2007 ; and
- (d) the lease has not already been extended under this section.
- (i) if the Minister considers land (the relevant land ) that is all or part of the lease should be the subject of a conservation agreement or conservation covenant—a conservation agreement has been entered into, or a conservation covenant exists, for the relevant land;
- (ii) the lease land is subject to an indigenous cultural interest; and
- (a) the lease land is in good condition; and
- (b) the lessee has complied with the land management agreement and any requirements under it for the granting of the extension; and
- (c) the lessee has complied with any conservation agreement or conservation covenant applying to all or part of the lease land; and
- (d) the lessee has complied with the approved agreement for the indigenous cultural interest for the lease land; and
- (e) the extension is appropriate, having regard to any or all of the following for the lease land— (i) the terms of any conservation agreement or conservation covenant; (ii) the terms of the approved agreement for the indigenous cultural interest; (iii) the size of the declared land.
- (i) the terms of any conservation agreement or conservation covenant;
- (ii) the terms of the approved agreement for the indigenous cultural interest;
- (iii) the size of the declared land.
- (i) the terms of any conservation agreement or conservation covenant;
- (ii) the terms of the approved agreement for the indigenous cultural interest;
- (iii) the size of the declared land.
- (a) can not be for more than 25 years; and
- (b) must not extend the term of the lease beyond 75 years.
- (a) for subsection (4) (b) , the term of the lease includes the extension granted under section 155A or 155B ; and
- (b) the extension granted under this section starts on the day after the day all extensions granted under sections 155A and 155B end.