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Land Administration Act 1997
13The *Land Administration Amendment Act 2000* s. 48, 49 and 50 read as follows:
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13 The *Land Administration Amendment Act 2000* s. 48, 49 and 50 read as follows:
48. Validation of certain purported offers of leases
(1) If a lessee of a pastoral lease or a former lessee of a pastoral lease —
(a) was given a notice under section 98(11) of the *Land Act 1933*; or
(b) was, after 31 December 1995 and before the coming into operation of the *Land Administration Act 1997*, given notice in writing by the Minister that the Minister would upon the expiration of the pastoral lease extend that lease or grant to the lessee a new lease of the whole or part of the land the subject of that lease,
then —
(c) that notice is deemed to be, and always to have been, a valid and effective offer of a lease or an extension of a lease, as the case may be;
(d) any acceptance of that offer by the lessee is deemed to be and, in the case of an offer accepted before the coming into operation of this section, always to have been valid and effective; and
(e) any lease or extension of a lease arising from an offer and acceptance referred to in paragraphs (c) and (d) is deemed to be and always to have been valid and effective.
(2) Without limiting the effect of subsection (1) —
(a) the offer is deemed to have been made to the person who at the time the notice was given was the lessee of the lease in respect of which the notice was given;
(b) if the offer was made in relation to a lease by reference to the name of a station and not by reference to the location details of the land contained in the lease or the registered number of the lease under the *Transfer of Land Act 1893*, the offer is deemed to have been made in relation to the land contained in the registered lease applicable to that station at the time the notice was given;
(c) if the offer was for a lease or an extension of the lease, the term of the lease or the extension offered is to be for the same term as the term of the existing pastoral lease;
(d) the annual rent payable for the lease or extension of a lease, as the case may be, is to be and is taken always to have been determined under section 123 of the *Land Administration Act 1997*;
(e) the offer is to be regarded as being accepted in relation to the land contained in the existing pastoral lease at the time the offer is accepted (other than any land excluded under subsections (3) to (6)); and
(f) unless otherwise provided in this subsection, the text and terms and conditions of the lease or extension of the lease are the terms and conditions specified in the notice given to the lessee.
(3) The Minister may for a public purpose exclude land from a lease or extension of lease referred to in subsection (1) by giving a notice in writing under subsection (4) to the lessee, or the successor in title to the lessee, (the lessee) not later than 2 years after the day on which this section comes into operation.
(4) The notice under subsection (3) is to contain the following information —
(a) a description of the area of land to be excluded from the lease;
(b) the reason for the land being excluded from the lease;
(c) any reduction in the rent payable under the lease as a result of the exclusion of the land from the lease;
(d) any proposed variation in the conditions of the lease as a result of the exclusion of the land from the lease; and
(e) that the land is to be excluded from the lease or extension concerned upon the commencement of the lease or extension, as the case may be.
(5) If a lessee is given a notice under subsection (4) the lessee may —
(a) accept the conditions contained in the notice;
(b) withdraw from the agreement to lease or to extend the lease; or
(c) enter into negotiations with the Minister on the area to be excluded from the lease or the rent to be paid as a result of the exclusion of the land from the lease.
(6) If agreement is not reached on the matters referred to in subsection (5)(c) by the day that is 2 years, or such other longer period as may, for the purposes of this section, be prescribed under the *Land Administration Act 1997*, after the day on which the notice was given to the lessee (the final day), the lessee is deemed to have withdrawn from the agreement to lease or to extend the lease on the final day.
(7) If land is not to be excluded from a lease or extension of a lease referred to in subsection (1) for a public purpose under this section, the Minister may give notice in writing to that effect to the lessee not later than 2 years after the day on which this section comes into operation.
(8) If a notice is not given by the day specified in subsection (3) no land may be excluded from the lease under that subsection.
(9) In this section —
existing pastoral lease means a pastoral lease subsisting under the *Land Act 1933* immediately before the appointed day as defined in section 3(1) of the *Land Administration Act 1997*;
public purpose has the same definition as it has in section 143(10) of the *Land Administration Act 1997*.
49. Pastoral leases: extension of period for acceptance of offer
If —
(a) a notice has been given, or purported to be given, under section 98(11) of the *Land Act 1933*; and
(b) the offer or purported offer has not been accepted under section 98(11)(c) of the *Land Act 1933*,
the lessee, or the successor in title to the lessee, may accept the offer not later than the day that is 12 months after the day on which this section comes into operation or such other day as may, for the purposes of this section, be prescribed under the *Land Administration Act 1997*.
50. Offers in relation to certain leases
If a person is given a notice under section 143(6)(d) of the *Land Administration Act 1997* then the notice is a valid and effective offer of a lease or an extension of the lease, as the case may be, despite —
(a) the fact that the person to whom the notice was given was not the lessee at the time the notice was given;
(b) the fact that the offer was made in relation to a lease by reference to the name of a station and not by reference to the certificate of Crown land title, qualified certificate of Crown land title or other location details of the land contained in the lease or the registered number of the lease under the *Transfer of Land Act 1893*, in which case the offer is deemed to have been made in relation to the land contained in the registered lease applicable to that station at the time the notice was given;
(c) the fact that the offer of a lease or an extension of the lease did not state the term of the lease or extension or was not for the same term as the term of the existing pastoral lease, in which case the term of the lease or extension of lease is deemed to have been made for the same term as the term of the existing pastoral lease;
(d) the notice stating that rent reviews during the lease or the extension of the lease are to be under section 123(4) of the *Land Administration Act 1997*, in which case the annual rent payable for the lease or extension of a lease, as the case may be, is to be and is taken always to have been determined under section 123 of the *Land Administration Act 1997*; and
(e) the notice not stating that the land the subject of the offer is the land contained in the existing pastoral lease other than any land excluded under section 143(6d) to (6i), in which case the offer is to be regarded as being accepted in relation to the land contained in the existing pastoral lease at the time the offer is accepted (other than any land excluded under those subsections),
and, unless otherwise provided in this subsection, the text and terms and conditions of the lease or extension of the lease are the terms and conditions specified in the notice given to the lessee.