Australian Capital Territory Repealed Acts

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This legislation has been repealed.

CITY AREA LEASES ACT 1936 - SECT 29

29. (1) Subject to section thirty of this Act, each parcel of land included in a lease shall at all times be held and occupied by or under the lessee as one undivided parcel.

(2) Subject to this Act, the land may be sub-let and the lease and any interest therein may be assigned, transferred or mortgaged.

(3) Notwithstanding any provision of the Real Property Act 1925 , where a lease to which this subsection applies includes a covenant, not being a covenant authorized or required by this Act, that the lessee will not, within a period specified in the covenant, transfer or assign by way of sale the lease or any interest in the lease except with the consent of the Minister—

        (a)     the covenant has no effect; and

        (b)     the lease has, and shall be taken always to have had, the same effect as it would have had if the covenant had not been included in the lease.

(4) Subsection (3) applies to a lease granted under this Act on or after 1 January 1974.

(5) A right acquired, or liability incurred, before the commencement of the City Area Leases (Amendment) Act 1979 in respect of the breach of a covenant referred to in subsection (3), is, by force of this subsection, discharged.

Power of lessee to sub-let portion of building or land in certain cases



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