s. s. 17D 17D (1C) If the responsible Minister or the trustees or S. 17D(1C) committee of management enter into an inserted by No. 40/2009 agreement to lease reserved land under subsection s. 12(2). (1B) and the agreement to lease gives a right to occupy the land for a period of time, that period and the period of any lease entered into consequent on the agreement must not exceed, when added together, the maximum lease term permitted under this section. (2) A lease must not be entered into under subsection S. 17D(2) amended by (1) or (1A) in relation to land reserved under No. 40/2009 section 4— s. 12(3)(a). S. 17D(2)(a) (a) which is reserved for a purpose specified in amended by paragraph (l), (m), (n), (o), (w) or (ze) of No. 48/1993 subsection (1) of section 4 or is deemed by s. 7(1)(a)(b). subsection (6) of that section to be reserved for the protection of the coastline unless— S. 17D(2)(a)(i) (i) notice has been given by the Governor amended by in Council under section 10(3) of the No. 40/2009 of a s. 12(3)(b). Land Conservation Act 1970 recommendation in respect of the land made under section 5(1)(a) of that Act and the granting of a lease under subsection (1) or (1A) is consistent with the recommendation; or S. 17D(2)(a)(ii) (ii) in the case of land for which there is no inserted by recommendation of a kind referred to in No. 48/1993 s. 7(1)(b), subparagraph (i), the responsible amended by Minister is satisfied that there are No. 40/2009 special reasons which make granting s. 12(3)(c). the lease reasonable and appropriate in the particular circumstances and that to do this will not be substantially detrimental to the use and enjoyment of any adjacent land reserved under this Act; or
S. 17D(1C) inserted by No. 40/2009 s. 12(2). (1C) If the responsible Minister or the trustees or committee of management enter into an agreement to lease reserved land under subsection (1B) and the agreement to lease gives a right to occupy the land for a period of time, that period and the period of any lease entered into consequent on the agreement must not exceed, when added together, the maximum lease term permitted under this section. s. 17D S. 17D(2) amended by No. 40/2009 s. 12(3)(a). (2) A lease must not be entered into under subsection (1) or (1A) in relation to land reserved under section 4— S. 17D(2)(a) amended by No. 48/1993 s. 7(1)(a)(b). (a) which is reserved for a purpose specified in paragraph (l), (m), (n), (o), (w) or (ze) of subsection (1) of section 4 or is deemed by subsection (6) of that section to be reserved for the protection of the coastline unless— S. 17D(2)(a)(i) amended by No. 40/2009 s. 12(3)(b). (i) notice has been given by the Governor in Council under section 10(3) of the Land Conservation Act 1970 of a recommendation in respect of the land made under section 5(1)(a) of that Act and the granting of a lease under subsection (1) or (1A) is consistent with the recommendation; or s. 17D S. 17D(2)(a)(ii) inserted by No. 48/1993 s. 7(1)(b), amended by No. 40/2009 s. 12(3)(c). (ii) in the case of land for which there is no recommendation of a kind referred to in subparagraph (i), the responsible Minister is satisfied that there are special reasons which make granting the lease reasonable and appropriate in the particular circumstances and that to do this will not be substantially detrimental to the use and enjoyment of any adjacent land reserved under this Act; or
78-9212a102.docx