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s 47

Application to Land Court in absence of agreement

In force
Part 5Grants of leases to satisfy lease entitlements
Division 4Granting lease to satisfy lease entitlement if obstacles to grant
Subdivision 4Contested deferred grant

47 Application to Land Court in absence of agreement

(1)

The Minister may apply to the Land Court to make a deferred grant of a lease (a contested deferred grant) to satisfy a lease entitlement if the Minister considers that not all agreements necessary to support the making of the grant have been entered into.

(2)

The application must include the following—

(a)

details of the lease entitlement;

(b)

details of the proposed contested deferred grant, including—

(i)

the proposed grantee of the lease; and

(ii)

the proposed boundaries of the lease;

(c)

a copy of the statement of reasons (obstacles) currently in effect for the lease entitlement;

(d)

a record of the consultation about the lease entitlement that took place under this division;

(e)

copies of any agreements that have been entered into to support the making of the grant;

(f)

details about proposed conditions that are—

(i)

to be complied with before the lease is granted; or

(ii)

to be imposed on the lease when it is granted;

(g)

a statement of reasons (statement of reasons (contested deferred grant)) explaining the proposed approach to satisfying the lease entitlement.

(3)

The statement of reasons (contested deferred grant) must include details of the persons whose agreement has not been obtained, but would be required, for the making of the proposed grant as an agreed deferred grant rather than as a contested deferred grant.

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