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
(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 .
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