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LOCAL GOVERNMENT ACT 1995 - SCHEDULE 6.2

[Section 6.65]

1 .         Form of lease

        (1)         The local government —

            (a)         may lease the land for such term, not exceeding 7 years at one time, as it thinks fit; and

            (b)         may make such reservations and such exceptions, covenants and conditions in the lease, except a covenant for renewal of the term of the lease if the renewal would extend the term beyond 7 years, as it thinks fit.

        (2)         The Registrar of Titles, upon production of the lease, must register it if —

            (a)         the lease is of land that is subject to the provisions of the Transfer of Land Act 1893 ; and

            (b)         the term of the lease exceeds 3 years.

        [Clause 1 amended: No. 81 of 1996 s. 153(1); No. 21 of 2022 s. 59.]

2 .         Application of rent received

                Where a local government has exercised its power to lease, it is required to apply the rent and other money received by it under the lease in the following manner —

            (a)         firstly — in defraying the expenses of and incidental to the giving of the notices required by this Act to be given by the local government, the execution of the lease, the preparation of the property for lease and the collection of the rents; and

            (b)         secondly — in payment of unpaid rates or service charges, for the time being due to or imposed by the local government in respect of the land; and

            (c)         thirdly — in payment of unpaid rates and taxes for the time being due to or imposed in favour of the Crown in right of the State or a department or agency of the Crown in right of the State; and

            (d)         fourthly — in payment of the residue to the person who would, when the rents and other money were received, have been entitled to receive the rents and profits of the land if the local government had not taken possession of the land, or in case of doubt, in payment of the residue into the Supreme Court under section 99 of the Trustees Act 1962 .



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