Crown Lands Act 1976

Subject to this Act, the Minister may lease Crown land in such manner, to such persons, for such purposes, at such rent, and on such terms and conditions as he thinks fit.

Subsection (1) does not apply in respect of portfolio land.

No Crown land shall be leased for a period exceeding 99 years.

The Minister must not grant a lease under this section in respect of an area within State waters as defined by the Living Marine Resources Management Act 1995 for a purpose for which a lease may be issued under the Marine Farming Planning Act 1995.

Notwithstanding the provisions of subsection (2), the period of a lease of Crown land – for rural purposes other than for forestry shall not exceed 21 years; and other than land bordering on, or forming the bed of, tidal or inland waters or the sea, for industrial or business purposes, shall not exceed 50 years.

The Minister, in his absolute discretion, may renew a lease of Crown land referred to in subsection (3) for a further period not exceeding the period referred to in that subsection that is applicable to the lease on and subject to such terms and conditions as the Minister may determine.

No lease of Crown land under this Act confers on the lessee any right to, or interest in, any minerals or mining products or, except as otherwise expressly provided, any timber or forest products upon or in the demised land.

The Minister may grant, appurtenant to any Crown land comprised in a lease, an easement or other right in or over any other Crown land on such terms and conditions as he thinks fit.

A lessee may assign his lease to any person if he – obtains the approval of the Minister to the assignment thereof; and lodges with the Director-General a transfer in the form approved by the Director-General; and pays the prescribed fee.

The Minister may, in his absolute discretion, refuse to give his approval to the assignment of any lease or he may grant his approval on such terms and conditions as he may think fit.

The holder of a lease of portfolio land may, with the approval of the Portfolio Minister, assign the lease to any person.

The Portfolio Minister may, in his or her absolute discretion – refuse to approve the assignment of the lease; or approve the assignment on such terms and conditions as he or she thinks fit.