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s 48

Decision of Land Court for contested deferred grant

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

48 Decision of Land Court for contested deferred grant

(1)

The Land Court must decide the application.

(2)

In deciding the application, the court must decide—

(a)

whether the requirements of this division have been complied with; and

(b)

whether it is reasonable that the application be granted.

(3)

The court may—

(a)

grant the application, whether or not subject to conditions; or

(b)

refuse the application; or

(c)

make any order the court considers appropriate.

(4)

The parties to the proceeding before the Land Court are—

(a)

the Minister; and

(b)

the proposed grantee under the proposed contested deferred grant; and

(c)

each party to an agreement supporting the making of the proposed contested deferred grant; and

(d)

all persons identified by the Minister in the statement of reasons (contested deferred grant) as persons whose agreement has not been obtained; and

(e)

the reference entity for the lease entitlement.

(5)

The Minister must make a contested deferred grant as decided by the Land Court.

(6)

The granting of the lease satisfies the lease entitlement and the lease entitlement notice ceases to be a lease entitlement notice currently in force.

(7)

The chief executive may publish on the department’s website that the lease entitlement notice has been satisfied by the grant of a lease.

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