Land Act 1994

The Minister may approve an application by a lessee that a lease be used for additional or fewer purposes.

However, the Minister may approve the application only if—

for an application in relation to an additional purpose—

the additional purpose is complementary to, and does not interfere with, the purpose for which the lease was originally issued; or

the additional purpose relates to the production of energy from a renewable source, including, for example, the sun or wind; and

the approval would not result in a change to the rental category of the lease.

If the application is approved, the lessee must be given notice of—

the approval; and

whether and in what way the lessee should apply under section 210 to change the imposed conditions of the lease, having regard to the proposed purposes for which the lease is to be used.

The application must be accompanied by the written consent of all persons with a registered interest in the lease.

However, consent under subsection (4) must not be unreasonably withheld.

To remove any doubt, it is declared that an application under subsection (1) may be both for the addition of 1 or more purposes and for the removal of 1 or more purposes.

If the application is approved, the purposes of the lease, as changed, must be registered.

If an imposed condition of the lease is changed under section 210 in connection with the approval, the changed conditions must be registered in conjunction with the registration of the purposes of the lease, as changed.

A change in the purposes of a lease is binding from the day the purposes, as changed, are registered.

This section does not apply in relation to a term lease for grazing purposes over land in any of the following areas—

a conservation park;

a forest reserve;

a national park;

a resources reserve;

a State forest;

a timber reserve.