Rent under perpetual lease
56 Rent under perpetual lease
S. 56 amended by Nos 7228 s. 7(Sch. 4 Pt 19(k)), 8181 s. 2(1)(Sch. item 91), 10011 s. 8, substituted by No. 40/2020 s. 40.
Subject to this section, for every successive 10‑year period, the rent payable by the perpetual lessee (other than the perpetual lessee of any swamp or reclaimed land) is the amount for each year fixed by the Minister at the start of that 10‑year period.
The rent payable by a perpetual lessee for any swamp or reclaimed land is 4 per cent for each year of the value of the land as assessed by the Minister under subsection (3).
For the purposes of subsection (2), the Minister must reassess the value of the land every 10 years.
For the purposes of subsection (3), when any swamp or reclaimed land is being reassessed, any improvements on the land which do not belong to the Crown must not be included in or added to the value of the land.
Despite subsection (2), if the Minister is satisfied that in the circumstances of any particular case a higher or lower rent should be charged during any successive period for the perpetual lease of any swamp or reclaimed land—
the Governor in Council may from time to time by Order published in the Government Gazette increase or decrease the rent for that part of the remainder of that successive period as is specified in the Order; and
the increased or decreased rent is payable from the date of the Order or any later date specified in the Order.
For the purposes of subsection (1), for a perpetual lease to which old section 56 applied immediately before the commencement of section 40 of the 2020 amending Act, the 10-year period applying to that lease immediately before that commencement—
is taken to continue to apply to that lease after that commencement; and
is taken to expire at the same time as the period would have expired if section 40 of the 2020 amending Act had not been enacted.
For the purposes of subsection (2), for any swamp or reclaimed land to which old section 56 applied immediately before the commencement of section 40 of the 2020 amending Act, the 10-year period applying to the assessment of the value of that land immediately before that commencement—
is taken to continue to apply to that land after that commencement; and
is taken to expire at the same time as the period would have expired if section 40 of the 2020 amending Act had not been enacted.
In this section—
old section 56 means section 56 of this Act as in force before the commencement of section 40 of the 2020 amending Act;
2020 amending Act means the Parks and Crown Land Legislation Amendment Act 2020.
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