State Lands (Workhouses) Act, 1930

Leases and licences by local authorities.

5.—(1) Whenever in the opinion of the Minister it is in the public interest that a local authority should make or grant a lease or licence of land to which this Act applies situate within the functional area of such local authority the Minister may authorise such local authority to make or grant such lease or licence and thereupon such local authority may make or grant such lease or licence under and in accordance with this section.

(2) The following provisions shall apply to the making of a lease or the granting of a licence by a local authority under this section, that is to say:—

(a) every such lease or licence shall be expressed to be made or granted by the local authority as agent for the Minister;

(b) no such lease or licence shall be made or granted for any term exceeding five years;

(c) no such lease or licence shall relate or extend to or include any mines or minerals;

(d) every such lease or licence shall reserve such rent as the Minister shall approve;

(e) every such lease or licence shall contain such covenants, conditions and agreements (other than for the renewal of the lease or licence) as the Minister shall consider proper or desirable in the public interest or otherwise and such local authority shall agree upon with the person to whom such lease or licence is made or granted.

(3) The Minister may by regulations made by him prescribe the circumstances in and the terms and conditions on which leases or licences for terms of less than one year may be made or granted under this section by local authorities and while such regulations are in force any lease made or licence granted by a local authority under and in accordance with this section and in conformity with such regulations for a term of less than one year shall be deemed to have been authorised by the Minister under this section and to have been approved of by the Minister in so far as such approval is required by this section.

(4) The local authority by whom a lease is made or a licence is granted under this section shall receive and collect, as agent for the Minister, the rent reserved by or payable under such lease or licence and in case of non-payment of such rent may sue for the recovery thereof in their own name.