Document ID: chunk:federal_register_of_legislation:C2024C00794:section:19a:p2
Version: federal_register_of_legislation:C2024C00794
Segment Type: section
Provision Reference: s 19A (pt 2/6)
Character Range: 122301–124906

subsection (2), that failure does not invalidate that grant unless the approved entity to whom the grant was made procured the direction of the Land Council by fraud.

Term of lease
 (4) The term of a lease granted under this section is the term specified in the lease (which must be at least 40 years and no more than 99 years). The term specified in the lease must not be varied. This subsection is subject to subsections (4A) and (5).
 (4A) A lease granted under this section may provide for the variation of the lease by way of one or more extensions of the term of the lease. The extensions must not result in the term of the lease being more than 99 years.

Interpretation
 (4B) Subsection (4A) does not limit variations of the lease in relation to other matters.

Operation of Lands Acquisition Act
 (4C) If an approved entity is the Commonwealth or a Commonwealth authority (within the meaning of the Lands Acquisition Act 1989), the Commonwealth or authority is authorised to acquire the interest (within the meaning of that Act) in land that arises under an extension of the term of a lease granted under this section (as mentioned in subsection (4A)).

Grant of replacement lease
 (5) If, at least 20 years before the end of the term of a lease (the original lease) granted under this section (including that term as extended as mentioned in subsection (4A)), a Land Trust grants another lease under this section to the same approved entity covering the area of land concerned (whether or not the other lease also covers other land), the original lease ends at the time the other lease takes effect.

Limitation on grant of replacement lease
 (5A) The Minister must not, under subsection (1), consent to the grant of another lease as mentioned in subsection (5) unless the Minister is satisfied that the grant of the other lease would not adversely affect a sublease or other right or interest derived from the original lease mentioned in subsection (5).

Payments
 (6) A lease granted under this section must not make provision for the lessee to make a payment to a person other than the lessor.

Transfer of lease
 (8) A lease granted under this section may be transferred to another approved entity:
 (a) with the written approval of the Minister; and
 (b) in accordance with the terms and conditions of the lease; and
 (c) in the case where the other approved entity is an Aboriginal and Torres Strait Islander corporation—only if some or all of an area of land for which the corporation is approved under subsection 3AA(2) falls within the area of the township.
An approval under paragraph