52Cancellation of lease where land required for public or other purposes

### 52 Cancellation of lease where land required for public or other purposes > > (1)  If, in the opinion of the Minister, reserved land that is Crown land subject to a lease under [section 48](#GS48@EN)  – > > > > > > (a) is required for a public purpose; or > > > > > > > (b) is required for the purpose of any other Act; or > > > > > > > (c) should be made available for a purpose which the Minister considers desirable in the public interest – > > > > the Minister, after giving the lessee the notice referred to in [subsection (2)](#GS52@Gs2@EN) and by notice in the *Gazette*, may cancel the lease in respect of that land. > > > (2)  At least 3 months before cancelling a lease under [subsection (1)](#GS52@Gs1@EN) , the Minister is to give the lessee written notice specifying – > > > > > > (a) the land or portion of the land which is required or should be made available; and > > > > > > > (b) the purpose or purposes for which the land is required or should be made available. > > > (3)  If a lease is cancelled as to a portion of the land comprised in the lease – > > > > > > (a) the lease has effect in respect of the land remaining under the lease; and > > > > > > > (b) the Director is to determine the rent payable under the lease in respect of that land. > > > (4)  On the determination under [subsection (3)(b)](#GS52@Gs3@Hpb@EN) of the rent to be payable, that rent becomes payable under the lease. > > > (5)  In determining the rent payable under [subsection (3)(b)](#GS52@Gs3@Hpb@EN) , the Director is to make due allowance for any diminution in the relative value of the land – > > > > > > (a) by reason of the reduction in the area of land held under the lease; and > > > > > > > (b) by reason of such other matters as the Director thinks fit. > > > (6)  A notice under [subsection (2)](#GS52@Gs2@EN) is not a statutory rule within the meaning of the [Rules Publication Act 1953](/view/html/inforce/2026-04-12/act-1953-050) .