sec.360AChief executive may change term leases, or perpetual leases, other than State leases

### sec.360A Chief executive may change term leases, or perpetual leases, other than State leases This section does not apply to a State lease. The chief executive may, by approving a plan of subdivision, amend the description or anything else in a term lease, or a perpetual lease, if— the boundaries of the lease land are not stated in the lease with adequate certainty or do not agree with the boundaries shown on the relevant plan; or a survey of the land gives more accurate knowledge of the lease; or the chief executive has approved of a mutual exchange of areas adjoining a common boundary between leases and— none of the areas adjoining the common boundary are subject to a freeholding lease; and the lessees of the adjoining leases have agreed to the mutual exchange; or the chief executive has approved that an area of unallocated State land be included in the lease. The chief executive may, by adjustment notice, amend the description or anything else in a term lease, or a perpetual lease, if— the lease is defective because of an error or omission in its preparation; or the court has made a decision under section 435 on a dispute about the boundaries; or the chief executive has approved that an area of unallocated State land be included in the lease; or the chief executive considers it necessary for another reason to correct the lease. The chief executive may act under subsection (2) (d) or (3) (c) in relation to unallocated State land that is to be granted without competition only if the Minister decides under section 121 (1) (b) that the lease of the unallocated State land may be granted without competition. The registrar of titles must register the amendment. An amended lease operates as if it had been originally issued or executed as amended. s 360A ins 2007 No. 19 s 173 amd 2009 No. 5 s 37 ; 2019 No. 17 s 164 ; 2021 No. 12 s 148 sch 3 ; 2023 No. 2 s 31 (sec.360A-ssec.1) This section does not apply to a State lease. (sec.360A-ssec.2) The chief executive may, by approving a plan of subdivision, amend the description or anything else in a term lease, or a perpetual lease, if— the boundaries of the lease land are not stated in the lease with adequate certainty or do not agree with the boundaries shown on the relevant plan; or a survey of the land gives more accurate knowledge of the lease; or the chief executive has approved of a mutual exchange of areas adjoining a common boundary between leases and— none of the areas adjoining the common boundary are subject to a freeholding lease; and the lessees of the adjoining leases have agreed to the mutual exchange; or the chief executive has approved that an area of unallocated State land be included in the lease. (sec.360A-ssec.3) The chief executive may, by adjustment notice, amend the description or anything else in a term lease, or a perpetual lease, if— the lease is defective because of an error or omission in its preparation; or the court has made a decision under section 435 on a dispute about the boundaries; or the chief executive has approved that an area of unallocated State land be included in the lease; or the chief executive considers it necessary for another reason to correct the lease. (sec.360A-ssec.4) The chief executive may act under subsection (2) (d) or (3) (c) in relation to unallocated State land that is to be granted without competition only if the Minister decides under section 121 (1) (b) that the lease of the unallocated State land may be granted without competition. (sec.360A-ssec.5) The registrar of titles must register the amendment. (sec.360A-ssec.6) An amended lease operates as if it had been originally issued or executed as amended. - (a) the boundaries of the lease land are not stated in the lease with adequate certainty or do not agree with the boundaries shown on the relevant plan; or - (b) a survey of the land gives more accurate knowledge of the lease; or - (c) the chief executive has approved of a mutual exchange of areas adjoining a common boundary between leases and— (i) none of the areas adjoining the common boundary are subject to a freeholding lease; and (ii) the lessees of the adjoining leases have agreed to the mutual exchange; or - (i) none of the areas adjoining the common boundary are subject to a freeholding lease; and - (ii) the lessees of the adjoining leases have agreed to the mutual exchange; or - (d) the chief executive has approved that an area of unallocated State land be included in the lease. - (i) none of the areas adjoining the common boundary are subject to a freeholding lease; and - (ii) the lessees of the adjoining leases have agreed to the mutual exchange; or - (a) the lease is defective because of an error or omission in its preparation; or - (b) the court has made a decision under section 435 on a dispute about the boundaries; or - (c) the chief executive has approved that an area of unallocated State land be included in the lease; or - (d) the chief executive considers it necessary for another reason to correct the lease.