25Certificates of compliance and discharge of liability

25 Certificates of compliance and discharge of liability

Certificates of compliance—building and development provision (1) A lessee under a Division 4 lease that contains a building and development provision may apply to the Minister for a certificate under subsection (3) or (4). (2) The application must be accompanied by the prescribed fee (if any). (3) If the Minister is satisfied that the building and development provision in a Division 4 lease has been fully complied with, the Minister must issue a certificate (a full certificate of compliance) in relation to the lease. (4) If the Minister is satisfied that the building and development provision in a Division 4 lease has been partly complied with, and it is appropriate to issue a certificate in relation that compliance, the Minister must issue a certificate (a partial certificate of compliance) in relation to the lease. (5) A partial certificate of compliance may be issued subject to a condition that the lessee provide to the Minister security in a specified form and amount against failure to complete outstanding work specified in the certificate. Certificate of discharge of liability—instalment lease (6) A lessee under a Division 4 lease that is an instalment lease may apply to the Minister for a certificate stating that the lessee’s liability for instalments under the lease has been discharged. (7) The application must be accompanied by the prescribed fee (if any). (8) The Minister must, if satisfied that all instalments under the instalment lease have been paid, issue a certificate stating that the lessee’s liability for instalments under the lease has been discharged. Notice to registrar‑general (9) If the Minister issues a certificate in relation to a Division 4 lease under this section, the Minister must give a copy of the certificate to the registrar‑general as soon as reasonably practicable after the certificate is given to the lessee. (10) Subsection (11) applies if the Minister has issued: (a) a full certificate of compliance; or (b) a certificate under subsection (8). (11) If this subsection applies, the registrar‑general may make a memorial in the land titles register, in relation to the Division 4 lease, stating that the restriction on dealings under subsection 23(1) no longer applies to the lease.