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Pastoral Land Act 1992
68Application for consent to lease transaction
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68 Application for consent to lease transaction
(1) An application for consent to a lease transaction must be made in
writing by the lessee or sublessee to the Minister.
(2) Before deciding an application under subsection (1), the Minister
may refer it to the Board for consideration and recommendation,
and the Board must report to the Minister within 30 days after the
referral is made.
Note for subsection (2)
Section 35(6) imposes a restriction on the Minister's power to refer an application
to the Board.
(3) The Minister must, after considering any recommendations of the
Board, but subject to subsections (4) and (5) and section 35(6), by
written notice to the lessee, consent or refuse to consent to the
lease transaction.
Pastoral Land Act 1992 47
(4) The Minister must not consent to a lease transaction that is the
transfer of a lease until the following amounts have been paid in
full:
(a) all instalments of the purchase price for the grant of the lease;
(b) all rent and other money due and payable to the Territory
under the lease.
(5) The Minister must not consent to a lease transaction that is a
sublease unless it is a condition of the agreement that the land will
be used only for:
(a) pastoral purposes; or
(b) the purposes of the Territory; or
(c) a non-pastoral purpose for which a non-pastoral use permit
has been granted under section 88 and which will remain valid
for the duration of the sublease; or
(d) a purpose prescribed by regulation.
(6) If the Minister consents to a lease transaction, the applicant under
subsection (1) must lodge with the Registrar-General the details of
the lease transaction.
(7) If the applicant does not lodge with the Registrar-General the
details of the lease transaction, the Minister may lodge with the
Registrar-General the details of the lease transaction.
(8) The Minister may recover the cost of lodging the details under
subsection (7) as a debt due and payable to the Territory by the
applicant.
(9) On lodgement of the details under subsection (6) or (7), the
relation to the land and record the particulars in accordance with
the Land Title Act 2000.