Land Act 1994

A term lease is a rolling term lease if any of the following circumstances apply to it—

it is a lease for tourism purposes for land on a regulated island;

it is a lease that—

includes tidal water land the subject of a covenant ensuring the lease may only be transferred to a person if a tourism lease is also transferred to the person; and

the Minister has approved as a rolling term lease;

it is a lease used for agriculture, grazing or pastoral purposes and the lease land is—

rural leasehold land the area of which is 100ha or more; or

rural leasehold land the area of which is less than 100ha and the Minister has approved the lease as a rolling term lease; or

land that is not rural leasehold land and is not within a nature conservation area or specified national park;

another provision of this Act provides the lease is a rolling term lease.Example for paragraph (d)—Under section 176A(3), if a rolling term lease over 100ha in area is subdivided into 2 or more new leases, each new lease that is issued is a rolling term lease even if its lease land is less than 100ha in area.

However, a State lease is not a rolling term lease if the lease land is used for agriculture, grazing or pastoral purposes.

In this section—tidal water land means land that, under section 9(1), is the property of the State and may be dealt with as unallocated State land.tourism lease means a term lease, or a perpetual lease, for tourism purposes for land on a regulated island.