Lands, Survey and Environment Amendment Act 2014

Link to law: http://www.palemene.ws/new/wp-content/uploads/01.Acts/Acts%202014/Lands-Survey-and-Environment-Amendment-Act-2014-Eng.pdf

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rangement of Provisions

1. Short title and commencement
2. Valuation for calculation of
renewal rent
3. Insertion of new provisions

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2014, No. 11

AN ACT to amend the Lands, Surveys and Environment Act
1989 (“the Principal Act”) and for related purposes. [7
th April 2014]

BE IT ENACTED by the Legislative Assembly of Samoa in
Parliament assembled as follows:

1. Short title and commencement-(1) This Act may be cited
as the Lands, Surveys and Environment Amendment Act 2014.
(2) This Act commences on the date of assent.

2. Valuation for calculation of renewal rent - After section
75(7) of the Principal Act insert:

“(8) This section does not apply to renewal of leases described
in section 75A(1)(a) and (b).”.
2 Lands, Surveys and Environment Amendment 2014, No. 11

3. Insertion of new provisions - After section 75 of the
Principal Act insert:

“75A. Leases exempt from section 75-(1) Despite section
37(2)(c) the Board may, on being satisfied that it would be
reasonable and in the public interest to do so, determine the
calculation for rent payable on the granting of renewal for:
(a) a hotel lease; or
(b) any other lease in accordance with regulations under
this Act.
(2) The Head of State acting on the advice of Cabinet may
make regulations for the conditions to be met for exemption of a
lease under subsection (1)(b).
(3) In this section “hotel” means a Category 1, Category 2 or
Category 3 Hotel listed in Part B(2) of Schedule 2 of the Income
Tax Act 2012.
(4) As soon as practicable after the rent payable upon renewal
has been ascertained in accordance with subsection (1), and not
later than nine (9) months before the expiry of a renewable lease,
the Chief Executive Officer shall deliver to the lessee a notice in
writing informing him or her of rent payable, and requiring him or
her to elect whether he or she will accept a renewal lease at the
proposed rent.
(5) If the Chief Executive Officer omits to deliver the said
notice to the lessee within the prescribed times, the lessee’s right to
renewal of the lease shall not be affected by any such omission or
delay.

75B. Exempted Lessee’s election-(1) A lessee, within three (3)
months after receipt of the notice referred to in section 75A(4),
shall give notice in writing to the Chief Executive Officer of his or
her desire:
(a) to renew the lease and accept the proposed rent set out
in the notice; or
(b) not to renew the lease.
2014, No. 11 Lands, Surveys and Environment Amendment 3

(2) If the lessee omits to give written notice to the Chief
Executive Officer within the time referred to in subsection (1), he
or she is deemed to have agreed to renew the lease and to have
agreed to the proposed rent set out in the notice given to him or her
by the Chief Executive Officer.”.

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The Lands, Surveys and Environment Amendment
Act 2014 is administered by the Ministry of
Natural Resources and Environment.