151BMatters that Minister must consider before granting lease or licence

#### 151B Matters that Minister must consider before granting lease or licence 151B Matters that Minister must consider before granting lease or licence > > (1) The Minister must not grant a lease or licence of land (including any buildings or structures on the land) under section 151 unless the Minister is satisfied that— > > > > > (a) the purpose for which the lease or licence is granted is compatible with the natural and cultural values of— > > > > > > > (i) the land to be leased or licensed, and > > > > > > > (ii) land reserved under this Act in the vicinity of that land, and > > > > > (b) the lease or licence provides for the sustainable and efficient use of natural resources, energy and water, and > > > > > (c) in relation to any lease or licence that authorises the erection of a new building or structure on the land or the modification of an existing building or structure on the land—the authorised development or activity is appropriate in relation to the built form and scale of the building or structure, including its bulk, height, footprint, setbacks and density. > > > (2) In determining whether the Minister is satisfied in relation to any of the matters referred to in subsection (1), the Minister is to have regard to— > > > > > (a) the assessment criteria adopted by the Secretary under subsection (3), and > > > > > (b) in relation to a proposal to grant a lease of land—a report prepared by the Secretary that addresses the relevant matters referred to in subsection (1) in light of those assessment criteria. > > > (3) The Secretary— > > > > > (a) must adopt assessment criteria relating to the matters referred to in subsection (1), and > > > > > (b) may vary those criteria, but only if— > > > > > > > (i) the Secretary has consulted with the Council, and > > > > > > > (ii) the Council has advised the Secretary that the proposed variation, on balance, improves or maintains the environmental outcomes provided for under the existing criteria. > > > (4) The assessment criteria are to be published on the Department’s website. > > > (5) This section does not apply to the following— > > > > > (a) a lease or licence of land within a ski resort area within the meaning of Part 8A of Schedule 6 to the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), > > > > > (b) a renewal of a lease of land granted in accordance with an option to renew a current lease, > > > > > (c) a renewal of a lease of land (otherwise than in accordance with an option to renew), but only if— > > > > > > > (i) the renewed lease is on substantially the same terms and conditions as the current lease, and > > > > > > > (ii) the term of the lease (including any options to renew) does not exceed 10 years, and > > > > > > > (iii) there have been no significant breaches of the current lease, this Act or the regulations during the term of the current lease. > > **s 151B:** Ins 2001 No 130, Sch 1 \[61\]. Am 2005 No 83, Sch 1 \[18\]; 2010 No 38, Sch 1 \[16\]. Rep 2010 No 41, Sch 1 \[19\]. Ins 2010 No 41, Sch 1 \[17\]. Am 2015 No 58, Sch 3.63 \[14\].