284Restriction on subletting of land

284 Restriction on subletting of land (1) A lessee must not sublease any land described in a lease without the territory planning authority’s prior written approval. Note A sublessee cannot further sublease the land under the sublease (see Land Titles Act 1925, s 88E). (2) The territory planning authority must, in writing, approve or refuse to approve a sublease of land not later than 10 working days after the authority is asked, in writing, to approve the sublease. (3) The territory planning authority must not approve a sublease of (a) other than in accordance with criteria prescribed by regulation; and (b) if the sublease— (i) is inconsistent with this Act or the Land Titles Act 1925; or (ii) allows— (A) the extension of the initial term of the sublease; or (B) the grant of a further sublease; and

(c) unless satisfied that, during the term of the sublease (including a declared land sublease), the sublessee will have— (i) direct access to the subleased land from a road or road related area; or (ii) access to the subleased land from a road or road related area by an access road or track, or in another way, that the sublessee may use for entry or exit only, without charge and at any time. (4) If the territory planning authority approves a sublease, the lessee must execute and give the executed sublease to the authority. (5) The territory planning authority must execute and give the executed sublease to the registrar-general for registration under the Land Titles Act 1925. (6) Access provided because of subsection (3) (c) (ii)— (a) must not interfere with a building, garden or stockyard on the land through which the access is provided at the time the access is provided; and (b) must be located in a way that causes as little damage to the land, or inconvenience to any sublessee or the lessee of the land, as possible. (7) A regulation may prescribe— (a) the form of a sublease; and (b) a document that must accompany or be included in a sublease; and (c) a provision that must or must not be included in the sublease. (8) A provision of a sublease is void if— (a) it is inconsistent with this Act or the Land Titles Act 1925, to the extent of the inconsistency; or

(b) it allows the extension of the initial term of the sublease; or (c) it allows the grant of a further sublease. (9) Nothing in this Act, by itself, creates an obligation on a lessee under a sublease of land to grant the sublessee a further or new sublease. Note The Unit Titles Act 2001, s 167AA provides for the grant of further leases of units and common property if a declared land sublease is subdivided by a units plan. (10) This section does not apply to a part of land sublet under section 285 and section 286. (11) In this section: road—see the Road Transport (General) Act 1999, dictionary. road-related area—see the Road Transport (General) Act 1999,