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COMMUNITY LAND DEVELOPMENT ACT 1989 - SECT 24 Lease or transfer by neighbourhood association

COMMUNITY LAND DEVELOPMENT ACT 1989 - SECT 24

Lease or transfer by neighbourhood association

24 Lease or transfer by neighbourhood association

(1) A neighbourhood association may grant a lease of some, but not all, of its neighbourhood property that is not held by it on lease.
(1A) A neighbourhood association may, by unanimous resolution--
(a) transfer a lease of land accepted or acquired by the association under section 23, 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) If a neighbourhood scheme is not part of a community scheme, the neighbourhood association may execute a transfer of land that--
(a) is part of its neighbourhood property that is not held by it on lease and is shown as a lot in a deposited plan lodged for registration as a current plan, or
(b) is a neighbourhood lot that is not held by it on lease and was created by a subdivision of its neighbourhood property under section 22.
(3) Subsection (2) does not authorise a neighbourhood association to dispose of all of its neighbourhood property.
(4) A neighbourhood 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.
(5) The Registrar-General may refuse to register a lease, sublease or transfer under this section unless--
(a) the instrument is made subject to any interest (other than an interest of the neighbourhood association or the proprietors of the neighbourhood lots) that is recorded in the Register as affecting the land and has not been released, and
(b) Schedule 10 is complied with.
(6) 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.
(7) Land transferred under subsection (2) (a) ceases to be neighbourhood property.