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LAND TITLE ACT 1994 - SECT 65 Requirements of instrument of lease

LAND TITLE ACT 1994 - SECT 65

Requirements of instrument of lease

65 Requirements of instrument of lease

(1) An instrument of lease for a lot or part of a lot must—
(a) be validly executed; and
(b) include a description sufficient to identify the lot or part of the lot to be leased; and
(c) include an acknowledgement of the amount paid or details of other consideration.
(2) If the instrument of lease is for part of the lot, for subsection (1) (b) , the instrument must identify the part of the lot by reference to whichever of the following the registrar requires—
(a) a sketch plan in the instrument, drawn to a standard to the registrar’s satisfaction;
(b) a building lease plan, drawn to a standard to the registrar’s satisfaction;
(c) a plan of survey.
(3) However, the registrar may allow the part of the lot to be identified by a description alone if the registrar is satisfied the part of a lot is sufficiently identified by the description in the instrument.
(3A) If the instrument of lease (other than a lease of all or part of a building) is for reconfiguring a lot within the meaning of the Planning Act , the instrument must have been approved by—
(a) if the lot is in a priority development area—MEDQ; or
(aa) if the lot is in a State development area and the reconfiguration is regulated by an approved development scheme—the Coordinator-General; or
(b) otherwise—the relevant local government.
(4) This section does not limit the matters that the appropriate form for an instrument of lease may require to be included in the instrument.