New South Wales Consolidated Acts

ABORIGINAL HOUSING ACT 1998 - SECT 21

21 No dealings in land in which AHO has an interest without consent of AHO

(1) A registered Aboriginal housing organisation must not transfer or otherwise deal with land in which the Aboriginal Housing Office has an interest unless:

(a) the AHO consents to the transfer or other dealing, or

(b) the transfer or other dealing is authorised, or is of a class that is authorised, by an AHO housing agreement with that registered Aboriginal housing organisation ( "an exempt transaction"), or

(c) an AHO housing agreement with the registered Aboriginal housing organisation provides that this section does not apply to the land concerned.

(2) The Registrar-General must, on application by the AHO, make a recording in the Register kept under the Real Property Act 1900 to signify that the land specified in the application is subject to this section.

(3) The application is to provide details of any exempt transactions.

(4) If a recording under subsection (2) has been made by the Registrar-General, the Registrar-General is not to register under the Real Property Act 1900 a transfer of that land or any other dealing that is otherwise registrable under that Act unless:

(a) the consent of the AHO to the transfer or other dealing has been endorsed on the transfer or other dealing, or

(b) the transfer or other dealing is an exempt transaction (as notified to the Registrar-General by the AHO), or

(c) the recording has ceased to have effect (as recorded by the Registrar-General under subsection (5)).

(5) The Registrar-General must, on the application of the AHO, make in the Register a recording to signify that a recording made under subsection (2) has ceased to have effect.

(6) An application by the AHO under this section is to be made in an approved form under the Real Property Act 1900 and is to be accompanied by such fee, if any, as may be prescribed by the regulations under that Act.

(7) If the AHO makes an application under this section, the Registrar-General is not to inquire into whether the AHO has an interest in the land concerned or into the terms of any AHO housing agreement.

(8) This section does not affect the operation of any other prohibition or restriction relating to transfers or other dealings in land.