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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.
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