sec.240DLease of non-rail corridor land to local government or government entity

### sec.240D Lease of non-rail corridor land to local government or government entity This section applies if the chief executive subleases a section of non-rail corridor land to a local government or government entity that is not a railway manager. When the registrar of titles registers the sublease in the leasehold land register— the sublease is taken to be the next vested right to, or be next in priority to, the perpetual lease of the section of the land to the State; and the local government or government entity as sublessee is substituted for the State as a party to any lesser registered interest. However, subsection (2) does not apply to a registered interest that was registered before the sublease is registered if, when the sublease is registered, a provision in the sublease states that subsection (2) does not apply to the registered interest. Also, when the registrar of titles registers the sublease in the leasehold land register— the State’s rights and obligations in an unregistered right in the section of the land are taken to be vested in the local government or government entity as sublessee; and the local government or government entity is substituted for the State as a party to the unregistered right. Subsections (2) and (3) apply despite the Property Law Act 2023 , section 145 and the Land Act 1994 , section 298 . s 240D ins 2007 No. 6 s 21 amd 2023 No. 27 s 289 sch 3 (sec.240D-ssec.1) This section applies if the chief executive subleases a section of non-rail corridor land to a local government or government entity that is not a railway manager. (sec.240D-ssec.2) When the registrar of titles registers the sublease in the leasehold land register— the sublease is taken to be the next vested right to, or be next in priority to, the perpetual lease of the section of the land to the State; and the local government or government entity as sublessee is substituted for the State as a party to any lesser registered interest. (sec.240D-ssec.3) However, subsection (2) does not apply to a registered interest that was registered before the sublease is registered if, when the sublease is registered, a provision in the sublease states that subsection (2) does not apply to the registered interest. (sec.240D-ssec.4) Also, when the registrar of titles registers the sublease in the leasehold land register— the State’s rights and obligations in an unregistered right in the section of the land are taken to be vested in the local government or government entity as sublessee; and the local government or government entity is substituted for the State as a party to the unregistered right. (sec.240D-ssec.5) Subsections (2) and (3) apply despite the Property Law Act 2023 , section 145 and the Land Act 1994 , section 298 . - (a) the sublease is taken to be the next vested right to, or be next in priority to, the perpetual lease of the section of the land to the State; and - (b) the local government or government entity as sublessee is substituted for the State as a party to any lesser registered interest. - (a) the State’s rights and obligations in an unregistered right in the section of the land are taken to be vested in the local government or government entity as sublessee; and - (b) the local government or government entity is substituted for the State as a party to the unregistered right.