Land Act 1994

A lease issued under this Act may be subleased only—

if—

the Minister has given written approval to the sublease; or

the lessee holds a general authority to sublease; and

to a person who is eligible to hold the sublease under this Act.

An application for the Minister’s approval—

may be made by a lessee or sublessee even though subsection (1)(a)(ii) applies to the lessee; and

must be accompanied by a copy of the proposed sublease.

The Minister must consider the application and—

if the Minister is satisfied the subleasing would be inconsistent with the purpose of the lease—must refuse to approve the application; or

otherwise—may—

approve the application, with or without conditions; or

refuse to approve the application.Example of why the Minister may refuse to approve the application—The subleasing would be inappropriate having regard to the purpose and conditions of the lease.

If the Minister refuses to approve the application, the Minister must give the lessee a written notice of the decision that includes a statement of the reasons for the decision.

The approval lapses unless the sublease is lodged in the land registry within 6 months after the approval was granted.

The Minister may extend the time mentioned in subsection (5).

The lessee may appeal against the Minister’s decision.