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 that was formerly a homestead selection,

(b) any other lease under the Crown Land Management Act 2016 (except a lease within an area that was an irrigation area within the meaning of the Crown Lands Act 1989 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 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].