Crown Lands Act 1989 No 6
Current version for 1 November 2014 to date (accessed 19 December 2014 at 10:07)
Part 7Division 3Section 142

142   Objections and appeals against determinations or redeterminations of rent

(1)  This Division applies to:
(a)  a lease or licence the conditions of which provide for the redetermination of the rent by the Minister (unless those conditions provide that this section is not to apply to the lease or licence), and
(a1)  a redetermination of rent under Division 3A, and
(b)  a redetermination of the rent of a lease or licence under section 136 (6) (a), and
(c)  a determination or redetermination of rent under section 61, 62, 63 or 72 (enclosure permits).
(2)  The Minister shall give notice of a determination or redetermination of the rent of a lease, licence or enclosure permit to the holder.
(3)  The notice must indicate that the holder may object to the determined or redetermined rent.
(4)  The Minister shall consider any objection lodged and by written notice inform the objector:
(a)  whether the determined or redetermined rent is to stand or be varied, and
(b)  of the name of the tribunal to which, under subsection (5), the objector may appeal if dissatisfied with the Minister’s decision.
(5)  An appeal against the Minister’s decision lies:
(a)  to the Civil and Administrative Tribunal if the determined or redetermined annual rent does not exceed $10,000 or such greater amount as may be prescribed, or
(b)  in any other case, to the Land and Environment Court.
Note. An appeal to the Civil and Administrative Tribunal under this subsection is an external appeal to the Tribunal for the purposes of the Civil and Administrative Tribunal Act 2013.
(6)  On such an appeal, the Civil and Administrative Tribunal or the Court may affirm the Minister’s determination or redetermination or substitute its own.
(7)  A redetermination of rent of a lease or licence takes effect in accordance with the conditions of the lease or licence even if an objection or an appeal has been lodged.
(8)  A determination or redetermination of rent by the Minister under section 61, 62, 63 or 72 (enclosure permits) takes effect from the date of the determination even if an objection or an appeal has been lodged.
(8A)  A redetermination of rent under Division 3A takes effect from the date of the redetermination even if an objection or appeal has been lodged.
(9)  On completion of the objection and appeal process, any necessary adjustments may be made.
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