TRANSFER OF LAND ACT 1893 - SECT 81Q
TRANSFER OF LAND ACT 1893 - SECT 81Q
81Q . Leases and subleases of Crown land, registration of
(1) The Registrar may
register on a certificate of Crown land title or qualified certificate of
Crown land title a lease or sublease of Crown land for a term of 12 months or
more.
(2) If the fee simple
in Crown land in respect of which a lease or sublease is registered under
subsection (1) is transferred under the Land Administration Act 1997 and a
certificate of title is created and registered in respect of that Crown land
—
(a) the
lease or sublease continues to be registered in respect of the relevant
freehold land, until the lease or sublease terminates according to law, as if
it had been registered in respect of that freehold land; and
(b) any
encumbrance registered in respect of the lease or sublease before that
transfer continues to be registered in respect of the relevant freehold land
until that encumbrance is terminated, discharged or surrendered or expires.
(3) The Registrar may
register any variation of the provisions of a registered lease or sublease
effected under the Land Administration Act 1997 .
(4) If a dealing is
lodged in respect of —
(a) a
Crown lease that is treated under section 81ZD(1) as if it were a lease
registered under this section; or
(b) a
lease of Crown land (not being a Crown lease) that is treated under section
104(2) of the Acts Amendment (Land Administration) Act 1997 as if it were a
lease registered under this section,
the Registrar may make
such endorsements as the Registrar thinks fit on the original and duplicate
lease instrument.
[Section 81Q inserted: No. 31 of 1997 s. 104(1) 9
; amended: No. 6 of 2003 s. 29.]