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Contents (2016 - 58)
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Crown Land Management Act 2016 No 58
Current version for 1 July 2019 to date (accessed 22 September 2019 at 04:26)
Part 5 Division 5.7
Division 5.7 Special purpose holdings over Crown land
5.29   Definitions
In this Division:
general purpose lease means any lease under this Act (except a special purpose lease), but does not include an incomplete purchase.
general purpose licence means any licence under this Act (except a special purpose licence).
significant improvement means any substantial building, dam, reservoir, contour bank, graded bank, levee, water disposal area, tree plantation, soil conservation work or other valuable work or structure.
special purpose holding means a special purpose lease or special purpose licence.
special purpose lease is defined in section 5.30.
special purpose licence is defined in section 5.30.
5.30   Grant of special purpose holdings
(1)  The Minister may grant a special purpose lease or special purpose licence over Crown land.
(2)  A special purpose lease or special purpose licence is a lease or licence over Crown land that is granted for the purpose of enabling its holder to do any one or more of the following:
(a)  to construct and operate facilities for the harnessing of energy from any source (including the sun or wind) and its conversion into electricity energy,
(b)  to remove gravel, sand or any other material (whether or not a mineral as defined in the Mining Act 1992),
(c)  to construct, operate or maintain telecommunications infrastructure,
(d)  to carry out any other development of a kind approved by the Minister under subsection (3).
(3)  The Minister may, by order published in the Gazette, approve kinds of development for which a special purpose holding may be granted.
(4)  The Minister cannot grant a special purpose holding over Crown land already subject to a general purpose lease without its holder’s written consent unless:
(a)  it is a special purpose licence to enable its holder to remove gravel, sand or any other material that is not a mineral as defined in the Mining Act 1992, or
(b)  it is a special purpose licence to enable its holder to construct, operate or maintain telecommunications infrastructure, or
(c)  it is a special purpose holding of a kind prescribed by the regulations.
(5)  Also, the Minister cannot grant a special purpose holding over Crown land already under any of the following leases without the consent of the Minister administering the Act concerned:
(a)  a mining lease under the Mining Act 1992,
(b)  a production lease under the Petroleum (Onshore) Act 1991.
(6)  The maximum term for which a special purpose holding may be granted (including the period of any option to renew) is 100 years.
(7)  A written consent given for the purposes of subsection (4) by the lessee under a general purpose lease is irrevocable and binds each successor in title to the land the subject of that lease.
(8)  This section does not limit the Minister’s powers under section 5.3 or Divisions 5.5 and 5.6.
5.31   Relationship between general purpose leases and special purpose holdings
(1) Provisions relating to general purpose leases The following provisions apply to a general purpose lease over land that also has a special purpose holding over it:
(a)  if the holding is a special purpose lease—the general purpose lease is, or remains, a lease even though it does not confer, or no longer confers, exclusive possession on its holder,
(b)  the general purpose lease is taken to include a condition prohibiting its holder from doing anything that has the effect of restricting or impeding the holder of the special purpose holding from exercising the rights conferred by that holding,
(c)  the general purpose lease is taken to include a further condition prohibiting its holder from carrying out development for the purposes of any dwelling-house, garden or significant improvement on the land except with the written consent of the holder of the special purpose holding.
(2) Provisions relating to special purpose holdings The following provisions apply to a special purpose holding over land that also has a general purpose lease over it:
(a)  if the holding is a special purpose lease—the special purpose lease is, or remains, a lease even though it does not confer, or no longer confers, exclusive possession on its holder,
(b)  the special purpose holding is taken to include a condition prohibiting its holder, except with the written consent of the holder of the general purpose lease, from exercising any of the rights conferred by that holding over any part of the land:
(i)  on which, or within 200 metres of which, any dwelling-house is located, or
(ii)  on which, or within 50 metres of which, any garden is located, or
(iii)  on which any significant improvement is located,
(c)  the special purpose holding is taken to include a further condition prohibiting its holder from unreasonably withholding any consent referred to in subsection (1) (c).
(3)  A written consent given for the purposes of subsection (2) (b) is irrevocable and binds each successor in title to the land.
(4)  Subsection (2) (b) (i) and (ii) do not prevent the holder of the special purpose holding from travelling along any road or track within 200 metres or 50 metres, respectively, of a dwelling-house or garden referred to in those subparagraphs.
(5)  A special purpose holding over land that also has a general purpose lease over it may include conditions agreed to between each of the holders of those holdings.
(6)  Any condition of the kind referred to in subsection (5):
(a)  that is included in a special purpose holding over land that also has a general purpose lease over it, or
(b)  that, because of subsection (7), is taken to be included in a sublease or sublicence of a special purpose holding over land that also has a general purpose lease over it,
is enforceable, as between the licensees, lessees, sublicensees and sublessees for the time being under those holdings, as if it were contained in a deed entered into between them.
(7) Sublicences and subleases Any sublease of a general purpose lease, or sublease or sublicence of a special purpose holding, is taken to include the conditions that, under this section, are included (or taken to be included) in the lease or holding.
(8) Application of section This section applies regardless of the order in which the special purpose holding and the general purpose lease over the land have been granted.
(9)  This section applies to a general purpose lease or special purpose holding (and any sublease or sublicence of that lease or holding):
(a)  for a general purpose lease (or a sublease of that lease)—only while the land over which it is granted also remains subject to a special purpose holding, and
(b)  for a special purpose holding (or a sublease or sublicence of that holding)—only while the land over which it is granted also remains subject to a general purpose lease.
5.32   Relationship between general purpose licences and special purpose holdings
(1) Provisions relating to general purpose licences The following provisions apply to a general purpose licence over land that also has a special purpose holding over it:
(a)  the general purpose licence is taken to include a condition prohibiting its holder from doing anything that has the effect of restricting or impeding the holder of the special purpose holding from exercising the rights conferred by that holding,
(b)  the general purpose licence is taken to include a further condition prohibiting its holder from carrying out development for the purposes of any dwelling-house, garden or significant improvement on the land except with the written consent of the holder of the special purpose holding.
(2) Provisions relating to special purpose holdings The following provisions apply to a special purpose holding over land that also has a general purpose licence over it:
(a)  the special purpose holding is taken to include a condition prohibiting its holder, except with the written consent of the holder of the general purpose licence, from exercising any of the rights conferred by that holding over any part of the land:
(i)  on which, or within 200 metres of which, any dwelling-house is located, or
(ii)  on which, or within 50 metres of which, any garden is located, or
(iii)  on which any significant improvement is located,
(b)  the special purpose holding is taken to include a further condition prohibiting its holder from unreasonably withholding any consent referred to in subsection (1) (b).
(3)  A written consent given for the purposes of subsection (2) (a) is irrevocable and binds each successor in title to the land.
(4)  Subsection (2) (a) (i) and (ii) do not prevent the holder of the special purpose holding from travelling along any road or track within 200 metres or 50 metres, respectively, of a dwelling-house or garden referred to in those subparagraphs.
(5)  A special purpose holding over land that also has a general purpose licence over it may include conditions agreed to between each of the holders of those holdings.
(6)  Any condition of the kind referred to in subsection (5):
(a)  that is included in a special purpose holding over land that also has a general purpose licence over it, or
(b)  that, because of subsection (7), is taken to be included in a sublease or sublicence of a special purpose holding over land that also has a general purpose licence over it,
is enforceable, as between the licensees, lessees, sublicensees and sublessees for the time being under those holdings, as if it were contained in a deed entered into between them.
(7) Sublicences and subleases Any sublicence of a general purpose licence, or sublease or sublicence of a special purpose holding, is taken to include the conditions that, under this section, are included (or taken to be included) in the licence or holding.
(8) Application of section This section applies regardless of the order in which the special purpose holding and the general purpose licence over the land have been granted.
(9)  This section applies to a general purpose licence or special purpose holding (and any sublicence or sublease of that licence or holding):
(a)  for a general purpose licence (or a sublicence of that licence)—only while the land over which it is granted also remains subject to a special purpose holding, and
(b)  for a special purpose holding (or a sublease or sublicence of that holding)—only while the land over which it is granted also remains subject to a general purpose licence.