136   Withdrawal from lease or licence for public purposes

(1)  The Minister may, by notification in the Gazette, withdraw from any lease or licence under this Act or the Crown Lands (Continued Tenures) Act 1989 any land required for a public purpose.

(2)  A withdrawal does not operate to extinguish any debt to the Crown relating to the land withdrawn, except to the extent to which the Minister directs.

(3)  The Minister may, by notification in the Gazette, revoke or modify any withdrawal.

(4)  Subject to the conditions attaching to, or the provisions applying to, a lease or licence, compensation is payable for land withdrawn under this section.

(5)  The provisions of the Land Acquisition (Just Terms Compensation) Act 1991 relating to the payment of compensation for land acquired by compulsory process apply, with such modifications as may be prescribed, to the payment of compensation under this section.

(6)  On the withdrawal of land from a lease or licence, the Minister may:

(a)  if the rent payable in respect of the lease or licence is subject to periodic redetermination—redetermine the rent and adjust (in proportion to the land withdrawn) any other money payable in respect of the lease or licence, or

(b)  if the rent is not subject to periodic redetermination—proportionately adjust:

(i)  the rent and any other money payable in respect of the lease or licence, and

(ii)  if the withdrawal is from a lease—any rent base for the lease.

(7)  If part of a rent base apportioned under subsection (6) to a lease is less than the minimum rent base, that part of the rent base is increased to the minimum rent base.

(8)  For the purposes of the Crown Lands (Continued Tenures) Act 1989, a part of a rent base apportioned under subsection (6) to a lease (or, if subsection (7) applies, the minimum rent base) is taken:

(a)  if section 4D of that Act applies in respect of the lease, to be the annual rent of the lease as at the last due date occurring before 1 July 2004, and

(b)  if clause 5 of Schedule 5 to that Act applies in respect of the lease, to be the annual rent of the lease as at the date of commencement of that clause.

(9)  The provisions of Division 3 relating to:

(a)  the redetermination of the rent of leases, and

(b)  objections and appeals against redeterminations of rent,

      apply to the redetermination of the rent of a lease under this section as if the conditions of the lease provided for the redetermination.

(10)  In this section:

minimum rent base means, if Division 2A of Part 7 applies to the lease $350 or, if that Division does not apply in respect of the lease, $100.