Application for new lease
158 Application for new lease
The lessee of a term lease may apply for an offer of a new lease (a renewal application) unless—
the chief executive has given the lessee a notice under section 157B(2)(a) and the chief executive is continuing to consider whether to make a decision under that section; or
the chief executive has made either of the following decisions on the ground that a new lease is not the most appropriate form of tenure for the lease land—
a decision not to make an offer of a new lease under section 157B;
a decision to refuse an earlier renewal application; or
a condition of the lease or this Act prohibits the renewal of the lease.
A renewal application may be made only after 80% of the existing term of the lease has expired unless, in the Minister’s opinion, special circumstances exist.
A renewal application may be rejected without being considered under section 159 if—
the chief executive has made either of the following decisions other than on the ground that a new lease is not the most appropriate form of tenure for the lease land—
a decision not to make an offer of a new lease under section 157B;
a decision to refuse an earlier renewal application; and
there is no relevant change in circumstances from the decision under section 157B or the earlier application.
In this section—existing term, of the lease, does not include an extension under division 1B of the term of the lease.
This Act’s bill:Explanatory memorandum
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