sec.65Requirements of instrument of lease

### sec.65 Requirements of instrument of lease An instrument of lease for a lot or part of a lot must— be validly executed; and include a description sufficient to identify the lot or part of the lot to be leased; and include an acknowledgement of the amount paid or details of other consideration. If the instrument of lease is for part of the lot, for subsection (1) (b) , the instrument must identify the part of the lot by reference to whichever of the following the registrar requires— a sketch plan in the instrument, drawn to a standard to the registrar’s satisfaction; a building lease plan, drawn to a standard to the registrar’s satisfaction; a plan of survey. However, the registrar may allow the part of the lot to be identified by a description alone if the registrar is satisfied the part of a lot is sufficiently identified by the description in the instrument. If the instrument of lease (other than a lease of all or part of a building) is for reconfiguring a lot within the meaning of the Planning Act , the instrument must have been approved by— if the lot is in a priority development area—MEDQ; or if the lot is in a State development area and the reconfiguration is regulated by an approved development scheme—the Coordinator-General; or otherwise—the relevant local government. This section does not limit the matters that the appropriate form for an instrument of lease may require to be included in the instrument. s 65 amd 1994 No. 33 s 7 (retro); 1998 No. 31 s 83 ; 2001 No. 33 s 27 ; 2001 No. 92 s 21 ; 2007 No. 41 s 239 ; 2009 No. 36 s 872 sch 2 ; 2012 No. 43 s 221 sch 1 ; 2014 No. 40 s 154 s ch 1 pt 1 ; 2016 No. 27 s 294 ; 2020 No. 9 s 31 (sec.65-ssec.1) An instrument of lease for a lot or part of a lot must— be validly executed; and include a description sufficient to identify the lot or part of the lot to be leased; and include an acknowledgement of the amount paid or details of other consideration. (sec.65-ssec.2) If the instrument of lease is for part of the lot, for subsection (1) (b) , the instrument must identify the part of the lot by reference to whichever of the following the registrar requires— a sketch plan in the instrument, drawn to a standard to the registrar’s satisfaction; a building lease plan, drawn to a standard to the registrar’s satisfaction; a plan of survey. (sec.65-ssec.3) However, the registrar may allow the part of the lot to be identified by a description alone if the registrar is satisfied the part of a lot is sufficiently identified by the description in the instrument. (sec.65-ssec.3A) If the instrument of lease (other than a lease of all or part of a building) is for reconfiguring a lot within the meaning of the Planning Act , the instrument must have been approved by— if the lot is in a priority development area—MEDQ; or if the lot is in a State development area and the reconfiguration is regulated by an approved development scheme—the Coordinator-General; or otherwise—the relevant local government. (sec.65-ssec.4) This section does not limit the matters that the appropriate form for an instrument of lease may require to be included in the instrument. - (a) be validly executed; and - (b) include a description sufficient to identify the lot or part of the lot to be leased; and - (c) include an acknowledgement of the amount paid or details of other consideration. - (a) a sketch plan in the instrument, drawn to a standard to the registrar’s satisfaction; - (b) a building lease plan, drawn to a standard to the registrar’s satisfaction; - (c) a plan of survey. - (a) if the lot is in a priority development area—MEDQ; or - (aa) if the lot is in a State development area and the reconfiguration is regulated by an approved development scheme—the Coordinator-General; or - (b) otherwise—the relevant local government.