23GExceptions to sec 23F

#### 23G Exceptions to sec 23F 23G Exceptions to sec 23F > Section 23F does not apply to the following transactions— > > > (a) a transaction that relates to the whole of the land comprised in a folio of the Register kept under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025), > > > (b) an application by the Crown to bring Crown land under the provisions of the [Real Property Act 1900](/view/html/inforce/current/act-1900-025), > > > (b1) a transaction, initiated by the Crown, that redefines a boundary of Crown land that was brought under the provisions of the [Real Property Act 1900](/view/html/inforce/current/act-1900-025) on the application of the Registrar-General under section 13D of that Act, > > > (c) a transaction that relates to the whole of the residue of land comprised in a folio of the Register kept under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025), where part only of the land is shown in a current plan, > > > (d) a transaction that comprises— > > > > > (i) the lease of part of an existing lot for a period that, including the period of any option to renew, does not exceed 5 years, or > > > > > (ii) the transfer, conveyance, sublease, variation or mortgage of a leasehold interest so created, > > > (e) a transaction that comprises— > > > > > (i) the lease of the whole or any part of a building, or > > > > > (ii) the transfer, conveyance, sublease, variation or mortgage of a leasehold interest so created, > > > (f) a transaction that relates to an existing lot that is owned by 2 or more persons in severalty, where— > > > > > (i) one of the owners disposes of his or her part of the lot to another owner, or > > > > > (ii) all of the owners of the lot dispose of the lot to some other person, > > > (g) a transaction that relates to part of an existing lot, where— > > > > > (i) that part (and no other part of the lot) is held by a person in his or her capacity as a trustee, administrator or executor of, or as a beneficiary of the estate of, an owner referred to in paragraph (f), and > > > > > (ii) the transaction relates to the whole of that part, > > > (h) a transaction that relates to part of an existing lot, where— > > > > > (i) the transaction is necessary to give effect to an order, direction or judgment of a court of competent jurisdiction, and > > > > > (ii) the person by whom the transaction is given effect to does not have power to give effect to such a transaction with respect to any other part of the lot, > > > (i) a transaction that relates to part of an existing lot, where— > > > > > (i) the transaction gives effect to a sale of land under a writ of execution, under Division 5 of Part 2 of Chapter 17 of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), under the [NSW Trustee and Guardian Act 2009](/view/html/inforce/current/act-2009-049) or under any power conferred by a Commonwealth Act, and > > > > > (ii) the person giving effect to the transaction does not have power to give effect to such a transaction with respect to any other part of the lot, > > > (j) a transaction that relates to part of an existing lot (not being land under the provisions of the [Real Property Act 1900](/view/html/inforce/current/act-1900-025)), where— > > > > > (i) a person in adverse possession of that part disposes of that part to some other person, and > > > > > (ii) the firstmentioned person does not have power to dispose of any other part of the existing lot, > > > (k) a transaction that relates to part of an existing lot, where the transaction conveys or transfers land to an Aboriginal Land Council in accordance with the requirements of the [Aboriginal Land Rights Act 1983](/view/html/inforce/current/act-1983-042), the [Native Title (New South Wales) Act 1994](/view/html/inforce/current/act-1994-045) or any other Act or law, > > > (l) a transaction that relates to the whole of the residue of an existing lot, where part of the lot— > > > > > (i) has been the subject of a transaction referred to in paragraph (h), (i), (j) or (k), or > > > > > (ii) has been acquired, by agreement or compulsory process, under a provision of an Act (including a Commonwealth Act) that authorises the acquisition of land by compulsory process, or > > > > > (iii) has been dedicated as a public road, > > > (m) a transaction that comprises— > > > > > (i) the lease or licence of part of an existing lot under an ARTC arrangement under Part 8A of the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109), or > > > > > (ii) the transfer, conveyance, sublease, variation or mortgage of a leasehold interest so created, > > > (n) a transaction that comprises— > > > > > (i) the granting of a special purpose lease within the meaning of Division 5.7 of the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058), or > > > > > (ii) the transfer, conveyance, sublease, variation or mortgage of a leasehold interest so created, > > > (o) a transaction comprising the lease of part of association property within the meaning of the [Community Land Development Act 2021](/view/html/inforce/current/act-2021-006). > > **s 23G:** Ins 1997 No 152, Sch 2 \[3\]. Am 2004 No 31, Sch 2.1 \[1\]; 2009 No 9, Sch 3.2 \[2\]; 2009 No 17, Sch 2 \[1\]; 2009 No 49, Sch 2.15 \[3\]; 2017 No 17, Sch 4.19 \[5\]; 2021 No 6, Sch 5.2\[1\].