28Alteration of covenants etc of certain leases

#### 28 Alteration of covenants etc of certain leases 28 Alteration of covenants etc of certain leases > > (1) This section applies to the following leases: > > > > > (a) a continued perpetual lease within the meaning of Schedule 1 to the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058) that was formerly a homestead selection, > > > > > (b) any other lease under the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058) (except a lease within an area that was an irrigation area within the meaning of the [Crown Lands Act 1989](/view/html/repealed/current/act-1989-006) immediately before its repeal). > > > (2) If the Minister is satisfied that compliance with any covenant, condition or provision of a lease to which this section applies would tend to cause erosion of any land, the Minister may advise the Minister for Lands and Forestry that this is the case. > > > (3) If the Minister has advised under subsection (2), the Minister may vary, modify, revoke or add to the covenants, conditions or provisions by: > > > > > (a) before a folio is created in the Register kept under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025) in respect of the lease—giving a written direction that the covenant, condition or provision of the lease ceases to attach or apply to the lease on the creation of the folio, or > > > > > (b) after a folio in the Register is created in respect of the lease—giving a written direction that the covenant, condition or provision of the lease ceases to attach or apply to the lease from the date of the direction. > > > (4) The Registrar-General must give effect to the direction. > > **s 28:** Am 1978 No 128, Schs 4 (21), 5 (19). Subst 2017 No 17, Sch 4.90 \[5\].