Planning Act 2023

The lessee, or anyone else with an interest in a concessional lease, must not, during the term of the lease, deal with the lease without the written approval of the territory planning authority.

A dealing in relation to a lease to which this section applies that is made or entered into without the territory planning authority’s approval has no effect.

However, subsection (2) does not apply to a dealing—

registered under the Land Titles Act 1925; or

made under any of the following orders:

an order of a court having jurisdiction under the Family Law Act 1975 (Cwlth);

an order under the Domestic Relationships Act 1994, division 3.2 (Adjustment of property interests) adjusting the property interests of parties in a domestic relationship; or

that happens by operation of, or under, bankruptcy or insolvency; or

in any circumstances prescribed by regulation.

Note The registration of an interest in land under the Land Titles Act 1925 takes priority over any other interest in the land, subject to some exceptions (see that Act, s 58).