sch.4-sec.5Use and development

sch.4-sec.5 Use and development

The sublessee of the sublease may only use or develop the sublease land— under the Act and any other relevant law; and in accordance with— the purpose, terms and conditions of the head lease; and the purpose of the sublease; and in a way that would not be a breach of the head lease if it were carried out by the sublessor; and for a use or development for which the sublessee requires an approval—if the sublessee obtains the approval and carries out the use or development under the conditions of the approval. Subsection (3) applies if— the head lease is a term lease for pastoral purposes; and the sublease is current at any time during the final 2 years of the term of the head lease (the end period ). The sublessee must not construct improvements or carry out development work on the sublease land during the end period without the Minister's written approval. In this section— develop , sublease land, includes construct improvements on the land. law includes a law of the Commonwealth or a local law. purpose , of a head lease, means— the purpose for which the lease was originally issued; or if the purpose is changed under section 154 of the Act —the purpose of the lease as changed. (sch.4-sec.5-ssec.1) The sublessee of the sublease may only use or develop the sublease land— under the Act and any other relevant law; and in accordance with— the purpose, terms and conditions of the head lease; and the purpose of the sublease; and in a way that would not be a breach of the head lease if it were carried out by the sublessor; and for a use or development for which the sublessee requires an approval—if the sublessee obtains the approval and carries out the use or development under the conditions of the approval. (sch.4-sec.5-ssec.2) Subsection (3) applies if— the head lease is a term lease for pastoral purposes; and the sublease is current at any time during the final 2 years of the term of the head lease (the end period ). (sch.4-sec.5-ssec.3) The sublessee must not construct improvements or carry out development work on the sublease land during the end period without the Minister's written approval. (sch.4-sec.5-ssec.4) In this section— develop , sublease land, includes construct improvements on the land. law includes a law of the Commonwealth or a local law. purpose , of a head lease, means— the purpose for which the lease was originally issued; or if the purpose is changed under section 154 of the Act —the purpose of the lease as changed.

• (a) under the Act and any other relevant law; and
• (b) in accordance with— (i) the purpose, terms and conditions of the head lease; and (ii) the purpose of the sublease; and
• (i) the purpose, terms and conditions of the head lease; and
• (ii) the purpose of the sublease; and
• (c) in a way that would not be a breach of the head lease if it were carried out by the sublessor; and