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ABORIGINAL AND TORRES STRAIT ISLANDER LAND HOLDING ACT 2013 No. 2 - SECT 80

80 Applying TSILA, pt 8, div 6 (Forfeiture and renewal of leases for private residential purposes)

(1) TSILA, part 8, division 6 (other than part 8, division 6, subdivision 3) applies to a lease to which this division applies as if the lease were a residential lease under that division.

(2) Subsection (1) applies to the lease even if it is not granted for residential purposes.

(3) For applying TSILA, section 114, a relevant condition is any condition of the lease as provided for in part 8 of this Act if the lessor reasonably considers a breach of the condition is of a serious nature and warrants forfeiture of the lease.

(4) For applying TSILA, sections 115(2) and 117(1)(a), written notice must be given additionally to any person holding a sublease over the lease.

(5) TSILA, part 8, division 6, subdivision 4 must be applied not only to improvements of the lessee but also to the holder, and improvements of the holder, of any sublease over the lease, and for that purpose, a reference in the subdivision to the lease land is a reference to the land the subject of the sublease.

(6) Also, for applying TSILA, part 8, division 6, subdivision 4, references to renewal of a lease may be ignored.

(7) For TSILA, section 127(3), the value of the lease land is the amount decided by the chief executive under this Act.



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