sec.76Granting Land Act lease

### sec.76 Granting Land Act lease This section applies if— a transferred asset is attached to land that is a reserve or unallocated State land; and the Land Act Minister is satisfied the part of the land on which the transferred asset is situated (the relevant part ) is not of adequate area to be allocated as freehold land, having regard to the location of the transferred asset and the use made of the adjoining land. The Land Act Minister may, on application to the Land Act chief executive by the distributor-retailer to whom the transferred asset was transferred, grant under the Land Act to the distributor-retailer a lease over the relevant part. If the land is a reserve and the Land Act Minister grants a State lease over the relevant part, that Minister may, before granting the lease, require the distributor-retailer and the trustee of the reserve to agree to a plan of survey identifying the relevant part. If the Land Act Minister decides to grant a lease under this section, it must be for the maximum term permitted under the Land Act . For the Land Act , chapter 5 , part 1 , division 1 , the annual rent for the lease is the minimum rent applicable for the category of the lease. An evaluation under the Land Act , section 16 is not required for the allocation of the land. In this section— transferred asset means an asset transferred under a transfer scheme or transfer notice without the transfer of land to which the asset is attached or a change in the trusteeship. (sec.76-ssec.1) This section applies if— a transferred asset is attached to land that is a reserve or unallocated State land; and the Land Act Minister is satisfied the part of the land on which the transferred asset is situated (the relevant part ) is not of adequate area to be allocated as freehold land, having regard to the location of the transferred asset and the use made of the adjoining land. (sec.76-ssec.2) The Land Act Minister may, on application to the Land Act chief executive by the distributor-retailer to whom the transferred asset was transferred, grant under the Land Act to the distributor-retailer a lease over the relevant part. (sec.76-ssec.3) If the land is a reserve and the Land Act Minister grants a State lease over the relevant part, that Minister may, before granting the lease, require the distributor-retailer and the trustee of the reserve to agree to a plan of survey identifying the relevant part. (sec.76-ssec.4) If the Land Act Minister decides to grant a lease under this section, it must be for the maximum term permitted under the Land Act . (sec.76-ssec.5) For the Land Act , chapter 5 , part 1 , division 1 , the annual rent for the lease is the minimum rent applicable for the category of the lease. (sec.76-ssec.6) An evaluation under the Land Act , section 16 is not required for the allocation of the land. (sec.76-ssec.7) In this section— transferred asset means an asset transferred under a transfer scheme or transfer notice without the transfer of land to which the asset is attached or a change in the trusteeship. - (a) a transferred asset is attached to land that is a reserve or unallocated State land; and - (b) the Land Act Minister is satisfied the part of the land on which the transferred asset is situated (the relevant part ) is not of adequate area to be allocated as freehold land, having regard to the location of the transferred asset and the use made of the adjoining land.