New South Wales Consolidated Acts

COMMUNITY LAND DEVELOPMENT ACT 1989 - SECT 17

17 Lease of certain association property

(1) A community association or precinct association may grant a lease of some, but not all, of its association property that is not held by it on lease.

(1A) A community association or precinct association may:

(a) transfer a lease accepted or acquired by the association under section 16, if such a transfer is not prevented by the terms or conditions of the lease, or

(b) grant by way of sublease, a lease of any or all of its estate or interest in land the subject of a lease so accepted or acquired, if such a grant is not prevented by the terms or conditions of the lease.

(2) An association may, by unanimous resolution, accept a surrender of, or exercise a right of re-entry under, a lease granted by it under this section.

(3) The Registrar-General may refuse to register a lease, transfer of a lease or sublease under this section unless:

(a) the instrument is made subject to any interest (other than an interest of a subsidiary body or of the proprietors of development lots or neighbourhood lots) that is recorded in the Register as affecting the land and has not been released, and

(b) Schedule 10 is complied with.

(4) A certificate lodged under clause 2 of Schedule 10 is, in favour of:

(a) the Registrar-General, and

(b) a person taking under a lease to which it refers,

conclusive evidence of the facts certified.