Land Act 1994

The Governor in Council may issue a freeholding lease following an offer to convert a lease under chapter 4, part 3, division 3.

The Minister may—

lease unallocated State land for either a term of years or in perpetuity; and

lease land in a reserve for a term of years only.

However, a lease in perpetuity of unallocated State land may be granted only if—

under a provision of an Act, other than this Act, a perpetual lease must be issued over the unallocated State land; orExample of a provision of an Act for paragraph (a)—Transport Infrastructure Act 1994, section 105J(4) and (5)

under a provision of this Act, the Minister may issue a perpetual lease; orExample of a provision of this Act for paragraph (b)—section 17(3)

the Minister considers the lease is in the interests of the State.

A lease for land that is on the same side of a boundary that is a tidal boundary or right line tidal boundary as the water subject to tidal influence may be granted only if—

it will not unduly affect safe navigation and sound development of the State’s waterways and ports; and

the impact on marine infrastructure has been considered; and

it would not have a detrimental effect on coastal management; and

it is consistent with the intent of any relevant State management plan.

A lease for land that is on the same side of a boundary that is a tidal boundary or right line tidal boundary as the water subject to tidal influence is not an approval to reclaim the lease land.