sec.8Restriction on selling State leasehold land

### sec.8 Restriction on selling State leasehold land A person may sell a proposed lot that is State leasehold land, other than a development lease, only if— the chief executive under the Land Act 1994 has made a subdivision offer for the proposed subdivision of the lot under section 176A of that Act; and the lessee of the land has accepted the subdivision offer under the Land Act 1994 . See the Land Act 1994 , section 403T for requirements for acceptance of offers under that Act. Maximum penalty—200 penalty units or 1 year’s imprisonment. A person may sell a proposed lot that is a development lease only if the Minister has consented, under the Land Act 1994 , section 290J , to a plan of subdivision for the development lease dividing the development lease into proposed lots. Maximum penalty—200 penalty units or 1 year’s imprisonment. A contract for the sale of a proposed lot entered into in contravention of subsection (1) or (2) is void. Any person who paid an amount under a contract mentioned in subsection (3) may recover the amount, together with any interest accrued on the amount since it was paid, as a debt from the person to whom the amount was paid. In this section— development lease means an existing development lease issued under the Land Act 1962 , part 9 , division 1 that is taken to be a term lease under the Land Act 1994 , section 476 . s 8 amd 1985 No. 43 s 6 ; 1985 No. 105 s 6 ; 1992 No. 40 s 125 ; 1993 No. 82 s 3 sch 1 ; 1997 No. 40 s 10 ; 2003 No. 64 s 123 ; 2009 No. 36 s 872 sch 2 ; 2011 No. 44 s 12 ; 2012 No. 43 s 221 sch 1 sub 2014 No. 46 s 43 amd 2023 No. 2 s 108 sch 1 (sec.8-ssec.1) A person may sell a proposed lot that is State leasehold land, other than a development lease, only if— the chief executive under the Land Act 1994 has made a subdivision offer for the proposed subdivision of the lot under section 176A of that Act; and the lessee of the land has accepted the subdivision offer under the Land Act 1994 . See the Land Act 1994 , section 403T for requirements for acceptance of offers under that Act. Maximum penalty—200 penalty units or 1 year’s imprisonment. (sec.8-ssec.2) A person may sell a proposed lot that is a development lease only if the Minister has consented, under the Land Act 1994 , section 290J , to a plan of subdivision for the development lease dividing the development lease into proposed lots. Maximum penalty—200 penalty units or 1 year’s imprisonment. (sec.8-ssec.3) A contract for the sale of a proposed lot entered into in contravention of subsection (1) or (2) is void. (sec.8-ssec.4) Any person who paid an amount under a contract mentioned in subsection (3) may recover the amount, together with any interest accrued on the amount since it was paid, as a debt from the person to whom the amount was paid. (sec.8-ssec.5) In this section— development lease means an existing development lease issued under the Land Act 1962 , part 9 , division 1 that is taken to be a term lease under the Land Act 1994 , section 476 . - (a) the chief executive under the Land Act 1994 has made a subdivision offer for the proposed subdivision of the lot under section 176A of that Act; and - (b) the lessee of the land has accepted the subdivision offer under the Land Act 1994 . Note— See the Land Act 1994 , section 403T for requirements for acceptance of offers under that Act.