Planning Act 2023
279Leases to which restriction under s 280 applies
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279 Leases to which restriction under s 280 applies (1) Section 280 applies in relation to the following leases: (a) a lease that provides that the lessee cannot deal with the land, or part of the land, described in the lease without the prior written approval of the territory planning authority; (b) a lease granted under section 263 (1) by auction, tender or ballot, if the class of people eligible or ineligible for the grant was restricted under section 265; (c) a lease granted under section 263 (1) (d), other than— (i) a lease granted to the Territory; or (ii) a single dwelling house lease, unless the lease provides that the lessee cannot deal with the land, or part of the land, described in the lease without the prior written approval of the territory planning authority; or (iii) a lease— (A) that was offered for sale under section 263 (1) (a) or (c) but not sold; and (B) for which not less than the market value was paid for the subsequent direct sale; or (iv) a lease— (A) that was sold under section 263 (1) (c) but the contract of sale was rescinded or otherwise ended before the lease was granted under the contract; and (B) for which not less than the market value was paid for the subsequent direct sale; (d) a lease prescribed by regulation.
(2) Section 280 does not apply in relation to the following leases: (a) a concessional lease; (b) a rural lease; (c) a lease granted to the University of NSW of land mentioned in section 274 (2) (g). Note Dealings with concessional leases and rural leases are restricted under s 306 and s 351. (3) If section 280 applies to a lease, the territory planning authority must tell the registrar-general that it applies. Note If the territory planning authority tells the registrar-general that s 280 applies to a lease, the registrar-general must include a memorial in the register to that effect (see Land Titles Act 1925, s 72D).