sec.730Subleases and licences under Land Act 1994

### sec.730 Subleases and licences under Land Act 1994 This section applies to any of the following dealings affecting land— a transfer under the Land Act 1994 , section 322 of a sublease; a sublease under the Land Act 1994 , section 332 ; an amendment under the Land Act 1994 , section 336 of a sublease. If land affected by the dealing is held under a transferred lease or a sublease of a transferred lease, despite a provision of the Land Act 1994 mentioned in subsection (1) , the Minister’s approval is not required for the dealing or the registration of a document for the dealing. If an irrigation entity holds a lease under the Land Act 1994 of transferred land, the irrigation entity may grant a licence to enter and use the land (a relevant licence ). Subsection (3) is subject to any condition of the lease that prohibits or restricts the grant of a licence. The indemnity and insurance conditions are conditions of each sublease of a transferred lease or relevant licence. For applying the indemnity and insurance conditions under subsection (5) — a reference to a lease may be taken to include a reference to a sublease or relevant licence; and a reference to a lessee may be taken to include a reference to a sublessee or licensee of a relevant licence. To remove any doubt, it is declared that the Minister’s approval under the Land Act 1994 is not required for the grant of a licence under this section. In this section— indemnity and insurance conditions means the conditions stated in the Land Regulation 2020 , schedule 1 , sections 1 and 2 . transferred land means land that has, by a transfer notice, been transferred from SunWater to an irrigation entity. transferred lease means a perpetual lease under the Land Act 1994 that has, by a transfer notice, been transferred from SunWater to an irrigation entity. s 730 ins 2017 No. 2 s 4 amd 2023 No. 2 s 108 sch 1 exp 1 July 2027 (see s 738ZJ) AIA s 20A applies (see s 738ZK) (sec.730-ssec.1) This section applies to any of the following dealings affecting land— a transfer under the Land Act 1994 , section 322 of a sublease; a sublease under the Land Act 1994 , section 332 ; an amendment under the Land Act 1994 , section 336 of a sublease. (sec.730-ssec.2) If land affected by the dealing is held under a transferred lease or a sublease of a transferred lease, despite a provision of the Land Act 1994 mentioned in subsection (1) , the Minister’s approval is not required for the dealing or the registration of a document for the dealing. (sec.730-ssec.3) If an irrigation entity holds a lease under the Land Act 1994 of transferred land, the irrigation entity may grant a licence to enter and use the land (a relevant licence ). (sec.730-ssec.4) Subsection (3) is subject to any condition of the lease that prohibits or restricts the grant of a licence. (sec.730-ssec.5) The indemnity and insurance conditions are conditions of each sublease of a transferred lease or relevant licence. (sec.730-ssec.6) For applying the indemnity and insurance conditions under subsection (5) — a reference to a lease may be taken to include a reference to a sublease or relevant licence; and a reference to a lessee may be taken to include a reference to a sublessee or licensee of a relevant licence. (sec.730-ssec.7) To remove any doubt, it is declared that the Minister’s approval under the Land Act 1994 is not required for the grant of a licence under this section. (sec.730-ssec.8) In this section— indemnity and insurance conditions means the conditions stated in the Land Regulation 2020 , schedule 1 , sections 1 and 2 . transferred land means land that has, by a transfer notice, been transferred from SunWater to an irrigation entity. transferred lease means a perpetual lease under the Land Act 1994 that has, by a transfer notice, been transferred from SunWater to an irrigation entity. - (a) a transfer under the Land Act 1994 , section 322 of a sublease; - (b) a sublease under the Land Act 1994 , section 332 ; - (c) an amendment under the Land Act 1994 , section 336 of a sublease. - (a) a reference to a lease may be taken to include a reference to a sublease or relevant licence; and - (b) a reference to a lessee may be taken to include a reference to a sublessee or licensee of a relevant licence.