The recently enacted Land and Other Legislation Amendment Act 2024 (Act) has removed some restrictions on the inclusion of additional purposes for a term lease issued for pastoral purposes.
For example, holders of a term lease for pastoral purposes can now apply to add a renewable energy purpose to allow for the development of a project. Such leases could not previously be changed to allow purposes other than grazing or agriculture, ruling out renewable energy projects.
However, the change does not extend to certain leases under the Forestry Act 1959 and Nature Conservation Act 1992 (such as State forests and timber reserves).
The State’s intention is to allow term lease holders to pursue alternative uses of the land that support the grazing/agricultural purposes or, to provide a secondary sustainable income stream.
Other changes empower local Councils, as trustees of State land, to grant trustee leases without seeking consent from the Minister even where the lease is inconsistent with the purpose of the trust land. Trustee leases are becoming more common as the State seems to be moving away from renewing term leases over trustee reserves.
Thynne + Macartney’s Agribusiness team has expertise in State land and can assist landholders navigate tenure dealings with the State.
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