Land Act 1994

A trustee may lease all or part of the trust land if the trustee first obtains the Minister’s written ‘in principle’ approval to the lease.

The Minister’s approval may include conditions.

Despite subsections (1) and (2) a trustee may, without the Minister’s approval, grant a lease that is a trustee lease (construction) or a trustee lease (State or statutory body) over all or part of the trust land.

A trustee lease (construction) or a trustee lease (State or statutory body) may be granted under subsection (3) even if the purpose of the lease is inconsistent with the purpose for which the trust land is dedicated as a reserve or granted in trust.

A lease of trust land is a trustee lease (construction) if the lease is granted to the State for the construction of transport infrastructure and the provision of transport services on the trust land.

A lease of trust land is a trustee lease (State or statutory body) if—

the trustee of the trust land is the State or a statutory body; and

for a lease the purpose of which is inconsistent with the purpose for which the trust land is dedicated as a reserve or granted in trust—

the trustee has prepared a management plan for the land that states how the lease would not diminish the purpose of the trust or adversely affect the public interest; and

the lease is consistent with the management plan.

Each trustee lease must be registered in the appropriate register.

This section does not authorise the construction of works under a trustee lease (construction) before the lease is registered.

Each trustee lease, other than a trustee lease (construction) or trustee lease (State or statutory body), must be endorsed with the Minister’s approval before it is registered.

If the trustee lease is for only part of the trust land, the appropriate form for the trustee lease must also include—

a sketch plan the registrar of titles is satisfied identifies the land being leased; or

if required by the registrar of titles—a plan of survey identifying the land being leased.

However, the registrar of titles may allow the land being leased to be identified by a description alone if the registrar is satisfied the land is adequately identified by the description.