Review of the Crown renewable lease tenure over farm land

Abstract

This study attempts a critical review of the renewable lease tenure system as it relates to Crown farm lands. The evolution of the tenure is traced in a discussion of early land legislation. Following this, the broad nature of the tenure and the framework in which it is administered is described. The significance of the renewable lease as a Crown land tenure is discussed, and trends in this and other Crown tenures since 1950 are analysed.

A detailed review of the main terms and conditions of the tenure, as contained in the Land Act 1948 and subsequent amendments, is undertaken. A similar review of the general conditions and covenants in the same Act which apply to the tenure, is also carried out. In addition to consolidating all these features into one study, the review highlights several possible areas of admendment or rationalisation.

These include shorter periods between rent reviews, the earlier purchase of Crown improvements, and the rationalisation of both the discharged servicemen's concessions and the policing of the covenants relating to good husbandry and improvements. An amendment to aid the conservation of potential reserve areas on leased land is also suggested, as is the investigation of the potential effect of the Mining Act 1971 on Crown tenants.

Finally, comment is made on the Crown's future interest in leasehold lands and possible changes to the renewable lease to facilitate freeholding.