Aboriginal and Torres Strait Islander Land Holding Act 2013
sec.64Dealings
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sec.64 Dealings
A lease may be transferred only to— an Aborigine or Torres Strait Islander; or a person who is not an Aborigine or Torres Strait Islander if the person is the spouse, or former spouse, of an Aborigine or Torres Strait Islander or of an Aborigine or Torres Strait Islander who is deceased. A lease may be transferred only with the lessor’s prior written consent. An interest under a lease, other than a mortgage of the lease, but including a sublease, may be created only with the lessor’s prior written consent. The lessor must not unreasonably withhold consent under subsection (2) or (3) . A lease may be mortgaged without the consent of the Minister or the lessor. (sec.64-ssec.1) A lease may be transferred only to— an Aborigine or Torres Strait Islander; or a person who is not an Aborigine or Torres Strait Islander if the person is the spouse, or former spouse, of an Aborigine or Torres Strait Islander or of an Aborigine or Torres Strait Islander who is deceased. (sec.64-ssec.2) A lease may be transferred only with the lessor’s prior written consent. (sec.64-ssec.3) An interest under a lease, other than a mortgage of the lease, but including a sublease, may be created only with the lessor’s prior written consent. (sec.64-ssec.4) The lessor must not unreasonably withhold consent under subsection (2) or (3) . (sec.64-ssec.5) A lease may be mortgaged without the consent of the Minister or the lessor.
- (a) an Aborigine or Torres Strait Islander; or
- (b) a person who is not an Aborigine or Torres Strait Islander if the person is the spouse, or former spouse, of an Aborigine or Torres Strait Islander or of an Aborigine or Torres Strait Islander who is deceased.