Lessee of townsite lease taken to be lessor of existing leases
118 Lessee of townsite lease taken to be lessor of existing leases
Subsection (2) applies if a townsite lease is granted over Torres Strait Islander land that is, immediately before the grant of the townsite lease, the subject of a following lease (each a continued lease)—
a 1985 Act granted lease or a new Act granted lease under the new Land Holding Act;
a lease under the Land Act;
a trustee (Torres Strait Islander) lease.
On the grant of the townsite lease—
the continued lease continues in force and is taken to be—
if the continued lease is primarily for residential use—a home ownership lease for the same term for which the continued lease was granted; or
otherwise—a lease granted under section 86(1); and
the lessee of the townsite lease is substituted for the lessor as a party to the continued lease.
Note—
Under section 41(2), the trustee of the Torres Strait Islander land is the lessor of the continued lease.
Section 41(3) applies to the continued lease as if the reference in that subsection to the trustee of the land were a reference to the lessee of the townsite lease.
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