(1) The Secretary of State's powers in relation to the management of the Royal Botanic Gardens, Kew, include the power to grant a lease in respect of land for a period of up to 150 years.
(2) Section 5 of the Crown Lands Act 1702 does not apply in respect of a lease granted in reliance on subsection (1).
(3) The Secretary of State may grant a lease in reliance on subsection (1) only if satisfied that the lease would not have an adverse impact on—
(a) the outstanding universal value of the Royal Botanic Gardens, Kew, as a World Heritage Site, or
(b) the ability of the Board of Trustees of the Royal Botanic Gardens, Kew, to carry out its functions under section 24 of the National Heritage Act 1983.
(4) In subsection (3), “ World Heritage Site ” means a property appearing on the World Heritage List kept under article 11(2) of the UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage adopted at Paris on 16 November 1972 (list of properties recognised by the World Heritage Committee as having outstanding universal value).