Agreements incidental to land matters
77 Agreements incidental to land matters
In order to facilitate the acquisition of, or dealing with, land to be acquired for the purposes of this Act or a relevant Act, the Minister may enter into agreements relating to incidental matters and things necessary to give effect to the powers conferred on the Minister by this Act or a relevant Act.
Where the fee simple of, or any other estate or interest in, any land is vested in the Minister and the Minister at the time of the acquisition or subsequently does not require the exclusive use and occupation of that land, then the Minister may in writing grant —
a lease or licence to occupy the land or any part of the land, either exclusively or concurrently with the Minister; or
any interest in or right to use that land or any part of the land,
to any other person (subject to the provisions of subsection (3) and of Division 5 of Part 9 of the Land Administration Act 1997), and where the lease, licence or other interest or right so granted is stated in that grant as being given by way of consideration for the acquisition of the land by the Minister then that lease, licence, interest or right shall not be revoked without compensation unless the parties otherwise agree.
Where the Minister exercises the powers conferred by subsection (2), then unless an agreement entered into between the Minister and the person to whom the lease, licence, interest or right is granted otherwise provides, the grant —
shall be deemed to be subject to a condition that the Minister shall be indemnified against any costs, damages, claims, or expenses arising therefrom; and
subject to subsection (2), may be terminated without any liability for compensation thereby arising, on not less than 21 days prior written notice.
[Section 77 inserted: No. 25 of 1985 s. 18; amended: No. 73 of 1995 s. 42; No. 31 of 1997 s. 137(8); No. 38 of 2007 s. 135; No. 25 of 2012 s. 109.]
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