sec.22-oc.2Transfer of lease of part of common property

### sec.22-oc.2 Transfer of lease of part of common property A body corporate may, pursuant to a resolution without dissent and with the consent of the local government and lessor, and if not prevented by the terms of the lease, transfer a lease of part of the common property or grant a sublease of such a part. (new) (not applied) A body corporate may, pursuant to a resolution without dissent, accept the surrender of a sublease, or, if otherwise empowered so to do, re-enter under a sublease granted under subsection (1) . (amended) Subject to subsection (7) , the provisions of this Act relating to resubdivision and to appeals from any decision of a local government or failure of a local government to make a decision shall with such modifications as may be necessary apply to transfers of leases and to subleases of part of common property. (amended) A transfer of lease or sublease of part of the common property shall be with such modifications as may be necessary in conformity with the provisions of the Local Government (Planning and Environment) Act 1990 . (amended) The body corporate, if it is satisfied that all persons having registered interests in the parcel and all other persons having interests (other than statutory interests) which have been notified to the body corporate have— in the case of a memorandum of transfer of a lease—consented in writing to the release of those interests in respect of the land comprised in the proposed transfer; or in the case of a grant of a sublease—approved in writing of the execution of the proposed sublease; shall execute the appropriate sublease or memorandum of transfer of the lease and the sublease or memorandum of transfer of the lease shall be valid and effective without execution by any person having an interest in the common property and receipt of the body corporate for the purchase money, rent, premiums or other moneys payable to the body corporate under the terms of the sublease or memorandum of transfer of the lease shall be a sufficient discharge, and shall exonerate the sublessee or the persons taking under the memorandum of transfer, as the case may be, from any responsibility for the application of the moneys expressed to have been so received. (amended) The local government shall not give its approval to a sublease or transfer of a lease of part of the common property unless it is satisfied— that the proposed sublease or transfer of lease will not interfere with the existing or likely future amenity of the neighbourhood, having regard to the circumstances of the case and the public interest; and that if the application for approval were an application to the local government for a certificate for the purposes of section 9 (7) in respect of the subdivision of the parcel as illustrated in the plan (excluding the part the subject of the proposed sublease or transfer of lease) it would be proper for the local government to direct the issue of the certificate; and that the easements, services and rights referred to in sections 15 , 17 , 17A and 18 and presently enjoyed or exercised, or capable of being enjoyed or exercised, will not be, or be likely to be, unduly interfered with by the proposed sublease or transfer of lease or that suitable alternative arrangements approved by the local government have been agreed upon by the parties. (amended) Every sublease or memorandum of transfer of lease executed, or surrender of sublease accepted pursuant to subsections (1) and (3) , lodged for registration with the registrar of titles shall be endorsed with or accompanied by a certificate under the seal of the body corporate that the resolution was duly passed, that the sublease or memorandum of transfer of lease or surrender of sublease conforms with the terms of the resolution and that all necessary consents were given. (new) In favour of transferees or sublessees of part of the common property and in favour of the registrar of titles, the certificate shall be evidence of the matters certified in the certificate. (amended) (not applied) The registrar of titles shall register the sublease, transfer of lease or, as the case may be, surrender of sublease by recording particulars in the register in accordance with the provisions of the Land Title Act 1994 . (amended) Despite the provisions of this section, a body corporate shall not grant a sublease of common property where the access to or egress from the parcel by any lessee is interfered with. (amended) The provisions of subsections (4) , (5) and (7) do not apply where the corporation is the local government. (new) (sec.22-oc.2-ssec.1) A body corporate may, pursuant to a resolution without dissent and with the consent of the local government and lessor, and if not prevented by the terms of the lease, transfer a lease of part of the common property or grant a sublease of such a part. (new) (sec.22-oc.2-ssec.2) (not applied) (sec.22-oc.2-ssec.3) A body corporate may, pursuant to a resolution without dissent, accept the surrender of a sublease, or, if otherwise empowered so to do, re-enter under a sublease granted under subsection (1) . (amended) (sec.22-oc.2-ssec.4) Subject to subsection (7) , the provisions of this Act relating to resubdivision and to appeals from any decision of a local government or failure of a local government to make a decision shall with such modifications as may be necessary apply to transfers of leases and to subleases of part of common property. (amended) (sec.22-oc.2-ssec.5) A transfer of lease or sublease of part of the common property shall be with such modifications as may be necessary in conformity with the provisions of the Local Government (Planning and Environment) Act 1990 . (amended) (sec.22-oc.2-ssec.6) The body corporate, if it is satisfied that all persons having registered interests in the parcel and all other persons having interests (other than statutory interests) which have been notified to the body corporate have— in the case of a memorandum of transfer of a lease—consented in writing to the release of those interests in respect of the land comprised in the proposed transfer; or in the case of a grant of a sublease—approved in writing of the execution of the proposed sublease; shall execute the appropriate sublease or memorandum of transfer of the lease and the sublease or memorandum of transfer of the lease shall be valid and effective without execution by any person having an interest in the common property and receipt of the body corporate for the purchase money, rent, premiums or other moneys payable to the body corporate under the terms of the sublease or memorandum of transfer of the lease shall be a sufficient discharge, and shall exonerate the sublessee or the persons taking under the memorandum of transfer, as the case may be, from any responsibility for the application of the moneys expressed to have been so received. (amended) (sec.22-oc.2-ssec.7) The local government shall not give its approval to a sublease or transfer of a lease of part of the common property unless it is satisfied— that the proposed sublease or transfer of lease will not interfere with the existing or likely future amenity of the neighbourhood, having regard to the circumstances of the case and the public interest; and that if the application for approval were an application to the local government for a certificate for the purposes of section 9 (7) in respect of the subdivision of the parcel as illustrated in the plan (excluding the part the subject of the proposed sublease or transfer of lease) it would be proper for the local government to direct the issue of the certificate; and that the easements, services and rights referred to in sections 15 , 17 , 17A and 18 and presently enjoyed or exercised, or capable of being enjoyed or exercised, will not be, or be likely to be, unduly interfered with by the proposed sublease or transfer of lease or that suitable alternative arrangements approved by the local government have been agreed upon by the parties. (amended) (sec.22-oc.2-ssec.8) Every sublease or memorandum of transfer of lease executed, or surrender of sublease accepted pursuant to subsections (1) and (3) , lodged for registration with the registrar of titles shall be endorsed with or accompanied by a certificate under the seal of the body corporate that the resolution was duly passed, that the sublease or memorandum of transfer of lease or surrender of sublease conforms with the terms of the resolution and that all necessary consents were given. (new) (sec.22-oc.2-ssec.9) In favour of transferees or sublessees of part of the common property and in favour of the registrar of titles, the certificate shall be evidence of the matters certified in the certificate. (amended) (sec.22-oc.2-ssec.10) (not applied) (sec.22-oc.2-ssec.11) The registrar of titles shall register the sublease, transfer of lease or, as the case may be, surrender of sublease by recording particulars in the register in accordance with the provisions of the Land Title Act 1994 . (amended) (sec.22-oc.2-ssec.12) Despite the provisions of this section, a body corporate shall not grant a sublease of common property where the access to or egress from the parcel by any lessee is interfered with. (amended) (sec.22-oc.2-ssec.13) The provisions of subsections (4) , (5) and (7) do not apply where the corporation is the local government. (new) - (a) in the case of a memorandum of transfer of a lease—consented in writing to the release of those interests in respect of the land comprised in the proposed transfer; or - (b) in the case of a grant of a sublease—approved in writing of the execution of the proposed sublease; - (a) that the proposed sublease or transfer of lease will not interfere with the existing or likely future amenity of the neighbourhood, having regard to the circumstances of the case and the public interest; and - (b) that if the application for approval were an application to the local government for a certificate for the purposes of section 9 (7) in respect of the subdivision of the parcel as illustrated in the plan (excluding the part the subject of the proposed sublease or transfer of lease) it would be proper for the local government to direct the issue of the certificate; and - (c) that the easements, services and rights referred to in sections 15 , 17 , 17A and 18 and presently enjoyed or exercised, or capable of being enjoyed or exercised, will not be, or be likely to be, unduly interfered with by the proposed sublease or transfer of lease or that suitable alternative arrangements approved by the local government have been agreed upon by the parties.