Aboriginal and Torres Strait Islander Land Holding Act 2013
sec.73Applying ALA , pt 10 , div 4 (Home ownership leases)
Start here
Get a plain-English read of sec.73
Turn the raw legal text into a practical explanation grounded in Aboriginal and Torres Strait Islander Land Holding Act 2013.
sec.73 Applying ALA , pt 10 , div 4 (Home ownership leases)
ALA , part 10 , division 4 , subdivisions 2 and 4 apply to a lease to which this division applies as if the lease were a home ownership lease under ALA . Subsection (1) applies to the lease even if it is not granted for residential use. For applying ALA , section 129 , 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. For applying ALA , sections 130 (2) and 132 (1) (a) , written notice must be given additionally to any person holding a sublease over the lease. ALA , part 10 , division 4 , 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. Also, for applying ALA , part 10 , division 4 , subdivision 4 , references to renewal of a lease may be ignored. For ALA , section 142 (3) , the value of the lease land is the amount decided by the chief executive under this Act. s 73 amd 2014 No. 45 s 58 sch 1 pt 1 (sec.73-ssec.1) ALA , part 10 , division 4 , subdivisions 2 and 4 apply to a lease to which this division applies as if the lease were a home ownership lease under ALA . (sec.73-ssec.2) Subsection (1) applies to the lease even if it is not granted for residential use. (sec.73-ssec.3) For applying ALA , section 129 , 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. (sec.73-ssec.4) For applying ALA , sections 130 (2) and 132 (1) (a) , written notice must be given additionally to any person holding a sublease over the lease. (sec.73-ssec.5) ALA , part 10 , division 4 , 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. (sec.73-ssec.6) Also, for applying ALA , part 10 , division 4 , subdivision 4 , references to renewal of a lease may be ignored. (sec.73-ssec.7) For ALA , section 142 (3) , the value of the lease land is the amount decided by the chief executive under this Act.