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s 149

General requirements for Minister’s consent

In force
Part 10Leasing of Aboriginal land
Division 5Townsite leases
Subdivision 2Requirements for Minister’s consent

149 General requirements for Minister’s consent

(1)

A person seeking the Minister’s prior written consent to the grant of a townsite lease must give the Minister the information or documents reasonably required by the Minister to show—

(a)

the purpose of the lease; and

(b)

the grant of the lease is for the benefit of persons for whom the trustee holds the lease land; and

(c)

the grant of the lease—

(i)

will facilitate the continued operation of a township on the lease land; and

(ii)

will not prevent residents of the township land from continuing to live on and access the land, or from obtaining tenure over the land under this Act.

(2)

In considering whether to give the consent, the Minister—

(a)

must have regard to the information or documents given to the Minister under subsection (1); and

(b)

may have regard to other information the Minister reasonably considers relevant to the proposed lease.

(3)

Also, before giving the consent, the Minister must be reasonably satisfied—

(a)

the Aboriginal people particularly concerned with the lease land are generally in agreement with the grant of the lease; and

(b)

the grant of the lease—

(i)

will facilitate the continued operation of a township on the lease land; and

(ii)

will not prevent residents of the township land from continuing to live on and access the land, or from obtaining tenure over the land under this Act.

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