151HNew head leases for certain lands

#### 151H New head leases for certain lands 151H New head leases for certain lands > > (1) The Minister may grant leases (in this section referred to as head leases) in respect of the lands the subject of any or all of the leases mentioned in Schedule 15, whether or not those lands are still the subject of the leases so mentioned. > > > (2) On the granting of a head lease, the following provisions have effect with respect to such of the leases mentioned in Schedule 15 as apply to the land the subject of the head lease— > > > > > (a) the lease is taken to be varied by substituting the name of the head lessee for that of the lessor, > > > > > (b) the lease is taken to become a sublease (in this section referred to as a statutory sublease) of the head lease, > > > > > (c) except as otherwise provided by the regulations—the lease continues to have effect according to its tenor, > > > > > (d) any proceedings under the lease in relation to any matter arising before the head lease was granted are to be commenced or maintained by or against the lessor as if the lease had not been varied as referred to in paragraph (a). > > > (3) If a head lease is granted to a person in respect of land the subject of a lease mentioned in Schedule 15 of which the person is the sole lessee, the lease so mentioned is, by virtue of the granting of the head lease, extinguished. > > > (4) A head lease is taken to include a condition to the effect that the head lessee must not— > > > > > (a) assign or mortgage the head lessee’s interest in the lease to any other person, or > > > > > (b) exercise any right of forfeiture or termination in respect of any statutory sublease of the lease, or > > > > > (c) vary any rent payable under any statutory sublease of the lease, > > > > except with the prior consent in writing of the Minister, and that any purported assignment, mortgage, forfeiture, termination or variation of rent that does not have such consent is void. > > > (5) A head lease is not affected merely because a lease mentioned in Schedule 15 ceases to have effect (whether by reason of expiry, surrender, termination, forfeiture or otherwise) while the head lease is in force. > > > (6) If a head lease ceases to have effect (whether by reason of expiry, surrender, termination, forfeiture or otherwise) the following provisions have effect with respect to any statutory sublease of the head lease— > > > > > (a) the sublease is taken to be varied by substituting the title of the Minister for the name of the head lessee, > > > > > (b) the sublease is taken to cease to be a statutory sublease and to become a lease granted under section 151, > > > > > (c) the lease continues to have effect according to its tenor, > > > > > (d) any proceedings under the sublease in relation to any matter arising before the head lease ceased to have effect are to be commenced or maintained against the head lessee as if the lease had not been varied as referred to in paragraph (a). > > > (7) No duty is payable under the [Stamp Duties Act 1920](/view/html/repealed/current/act-1920-047) in respect of a variation referred to in subsection (2) (a) or (6) (a). > > > (8) The operation of this section is not to be regarded— > > > > > (a) as a breach of contract or confidence or otherwise as a civil wrong, or > > > > > (b) as a breach of a contractual provision prohibiting, restricting or regulating the assignment or transfer of a lease or statutory sublease, or > > > > > (c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a variation referred to in subsection (2) (a) or (6) (a). > > > (9) No attornment to a head lessee by a statutory sublessee is required. > > > (10) The regulations may amend Schedule 15— > > > > > (a) by omitting the matter relating to any lease mentioned in that Schedule, or > > > > > (b) by varying the matter relating to any lease mentioned in that Schedule, or > > > > > (c) by inserting matter relating to any other lease (not being a head lease) in relation to land in, or in the vicinity of, Perisher Valley, Smiggin Holes or Guthega. > > > (11) A head lease granted in respect of land the subject of a lease mentioned in Schedule 15 is not affected merely because the matter relating to the lease so mentioned is omitted from that Schedule, or is varied, while the head lease is in force. > > **s 151H (previously s 151A):** Ins 1990 No 106, Sch 1 (2). Renumbered 2010 No 41, Sch 1 \[18\].