Strategic Infrastructure Corridors (Strategic and Recreational Use) Act 2016

In addition to the grounds on which the Minister may, under the Crown Lands Act 1976 or in accordance with the terms and conditions of the lease or licence, cancel a lease or licence granted under the Crown Lands Act 1976 in accordance with section 21, the Minister may cancel the lease or licence if – the Minister is of the opinion that – the corridor to which the lease or licence relates is required for the use of the land for a reserved purpose; or the continuance of the lease or licence may prevent the attainment of the corridor safety and use objectives; or the holder of the lease or licence has contravened a term or condition of the lease or licence; or the holder of the lease or licence is using the land for any purpose other than the purpose for which the lease or licence was granted.

The Minister must cancel a lease that is granted under the Crown Lands Act 1976 in accordance with section 21 if – the lease relates to land, all of which is land within a corridor; and the Minister intends to appoint, or has appointed, a corridor manager in relation to the corridor in which the land is situated.

If a corridor manager has been appointed in relation to a corridor, or a part of a corridor, to which relates a lease that relates to land that is not within the corridor and to land (the excluded land) that is within the corridor, the Minister must – vary the lease so as to exclude from the lease the excluded land; and take the steps necessary to adjust any amount payable by the lessee in relation to the lease to reflect the exclusion of the excluded land from the operation of the lease by virtue of the variation.

Despite any other law or doctrine to the contrary, a lease to which a variation in accordance with subsection (3) applies is not to be taken to have been surrendered by virtue of the operation of the variation.

If, by virtue of the operation of a variation in accordance with subsection (3)(a), land is excluded from a lease, section 15 applies in relation to the lease as if the lease only related to the excluded land and had been extinguished by section 12.