(1) Subject to
sections 139 and 140 a person is not to —
(a)
lease or grant a licence to use or occupy land for any term exceeding 20
years, including any option to extend or renew the term or period; or
(b)
lease and grant a licence to use or occupy land for terms in the aggregate
exceeding 20 years, including any option to renew or extend the terms or
periods; or
(c) sell
or agree to sell land; or
(d)
grant any option of purchase of land,
without the approval
of the Commission unless the land is dealt with by way of such lease, licence,
agreement or option of purchase as a lot or lots.
(2) A person who
contravenes subsection (1) commits an offence.
(2A) Subsection (1)
applies to land comprised of common property or a lot in a community titles
scheme and a reference in that subsection to a lot includes a reference to a
lot in a community titles scheme.
(2B) However,
subsection (1) does not apply to the sale of common property or part of a lot,
an agreement to sell common property or part of a lot or the grant of an
option of purchase of common property or part of a lot if the transaction is
associated with a subdivision by registration of an amendment of a community
titles scheme.
(2C) Words in
subsections (2A) and (2B) have the meanings given in the
Community Titles Act 2018 section 3(1) (and references to those words in
sections 139 and 140 are to be read accordingly).
(2D) Subsection (1)
applies to land comprised of common property or a lot in a strata titles
scheme and a reference in that subsection to a lot includes a reference to a
lot in a strata titles scheme.
(2E) However,
subsection (1) does not apply to the sale of common property or part of a lot,
an agreement to sell common property or part of a lot or the grant of an
option of purchase of common property or part of a lot if the transaction is
associated with a subdivision by registration of an amendment of a strata
titles scheme.
(2F) Words in
subsections (2D) and (2E) have the meanings given in the
Strata Titles Act 1985 section 3(1) (and references to those words in
sections 139 and 140 are to be read accordingly).
[(3A) deleted]
(3) In this section
—
land , in relation to the leasing or the granting
of a licence to use or occupy or, where applicable, the leasing and the
granting of such a licence, does not include the whole or a portion of a
building if —
(a) the
building was constructed in accordance with a building licence granted by a
local government under section 374 of the Local Government (Miscellaneous
Provisions) Act 1960 (deleted by the Building Act 2011 section 153(2)) or a
building permit granted under the Building Act 2011 , or a building permit,
occupancy permit or building approval certificate is in effect under the
Building Act 2011 in respect of the building; and
(b)
subject to subsection (4), the leasing or the granting of a licence does not
relate to any land other than that building or portion;
licence to use or occupy does not include an
easement.
(4) A reference in the
definition of land in subsection (3) to the whole or a portion of a building
includes a reference to any area outside that whole or portion, which area is
—
(a) the
subject of the same lease or licence to use or occupy as that whole or portion
or of a lease or licence to use or occupy entered into or granted by the
lessor of, or grantor of a licence to use or occupy, that whole or portion;
and
(b) used
for the purpose of ingress to or egress from that whole or portion,
advertising, parking vehicles, storing goods, loading or unloading goods or
passengers or for any other purpose necessary or desirable for the convenient
occupation of that whole or portion.
[Section 136 amended: No. 28 of 2010 s. 62; No. 24
of 2011 s. 168(5); No. 30 of 2018 s. 162; No. 32 of 2018 s. 223.]