65Uneconomic areas of Crown land

65 Uneconomic areas of Crown land (1) Where, in the opinion of the Minister, an area of Crown land does not constitute an economic area and is suitable only for occupation as part of an adjoining pastoral lease, the Minister shall, in writing, advise the lessees of adjoining pastoral land that the area is available for leasing and invite them to apply for a lease of the land. (2) Where 2 or more applications are received in response to an invitation under subsection (1), the Minister shall refer the applications to the Board and request it to make a recommendation as to how the land should be dealt with. (3) Where the recommendation of the Board is that the grant of a lease of all or part of the area of land be offered to an applicant, or an applicant is the only applicant for the lease of the land, the Minister may, by notice in writing to the applicant, offer the grant of the lease to the applicant on such terms and conditions as the Minister thinks fit. (4) Where a pastoral lessee to whom an offer under subsection (3) is made accepts the Minister's offer, the Minister shall grant the pastoral lessee a lease of the land which shall be added to the land the subject of the existing adjoining pastoral lease in accordance with this section. (5) Where the Minister grants a lease of land in pursuance of subsection (4), the Minister shall cause to be lodged with the Registrar-General a memorandum in an appropriate form under the Land Title Act 2000, describing: (a) the land to be added to the existing adjoining pastoral lease; and (b) any variations of the reservations, conditions and other provisions of the existing adjoining pastoral lease agreed to by the Minister and the lessee. (6) On the lodging of a memorandum under subsection (5), the Registrar-General shall register the memorandum and, on the Pastoral Land Act 1992 44 endorsement of the details of the memorandum on the existing adjoining pastoral lease, the lease shall extend over the area of the land to be added to the pastoral lease, subject to such reservations, conditions and other provisions as are set out in the memorandum. (7) Where land the subject of the existing adjoining pastoral lease to which an area of land is to be added pursuant to this section is mortgaged or otherwise encumbered, the mortgage or encumbrance shall, subject to the consent of the mortgagee or encumbrancee, which consent shall not be unreasonably withheld, extend over the area of the land to be added, subject to such reservations, conditions and other provisions as are set out in the memorandum referred to in subsection (5) that relates to the (8) In this section economic area means such area of land as the Minister considers to be sufficient to support a sustainable commercial pastoral enterprise.