Use and development
5 Use and development
The sublessee of the sublease may only use or develop the sublease land—
under the Act and any other relevant law; and
in accordance with—
the purpose, terms and conditions of the head lease; and
the purpose of the sublease; and
in a way that would not be a breach of the head lease if it were carried out by the sublessor; and
for a use or development for which the sublessee requires an approval—if the sublessee obtains the approval and carries out the use or development under the conditions of the approval.
Subsection (3) applies if—
the head lease is a term lease for pastoral purposes; and
the sublease is current at any time during the final 2 years of the term of the head lease (the end period).
The sublessee must not construct improvements or carry out development work on the sublease land during the end period without the Minister's written approval.
In this section—
develop, sublease land, includes construct improvements on the land.
law includes a law of the Commonwealth or a local law.
purpose, of a head lease, means—
the purpose for which the lease was originally issued; or
if the purpose is changed under section 154 of the Act—the purpose of the lease as changed.
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