12Determination of rental by Secretary

12 Determination of rental by Secretary

12 Determination of rental by Secretary

(1) The Secretary is to determine the annual rental under clause 22 (f) of the Agreement.

(2) In determining the annual rent:

(a) the Secretary has and may exercise all of the functions that a local land board could have exercised under this section and the Agreement immediately before the amendment of this section by the Civil and Administrative Legislation (Repeal and Amendment) Act 2013, and

(b) the Secretary’s decision is taken to have the same effect for the purposes of the Agreement as a decision of a local land board would have had immediately before that amendment.

(2A) For the avoidance of doubt, the amendment of this section (or a determination of annual rent as provided for by this section) does not constitute a breach of the Agreement.

(3) An appeal by either party may be made to the Land and Environment Court from the determination by the Secretary of such annual rental by filing within a period of twenty-eight days from the date of the determination appealed against notice of the appeal in the Court, and by serving within such period notice of the appeal on the other party to the determination. An appeal on behalf of Her Majesty against any such determination may be made by the Minister or by the Director on the Minister’s behalf.

(4) In this section:

Secretary has the same meaning as in the Crown Land Management Act 2016.

s 12: Am 1979 No 205, Sch 2, Part 1; 2013 No 95, Sch 8.15 [1]–[3]; 2014 No 33, Sch 2.29; 2017 No 17, Sch 4.76 [1] [2].