Last Updated: 3 October 2023

[SL 13] Protected leases13 

13
(1) Whenever in any lease under this Act there has been inserted the following clause—

“This lease is a protected lease under the provisions of the State Lands Act 1945”

(hereinafter called a protected lease) it shall not be lawful for the lessee thereof to alienate or deal with the land comprised in the lease of any part thereof, whether by sale, transfer or sublease or in any other manner whatsoever, nor to mortgage, charge or pledge the same, without the written consent of the Director of Lands first had and obtained, nor, except at the suit or with the written consent of the Director of Lands, shall any such lease be dealt with by any court of law or under the process of any court of law, nor, without such consent as aforesaid, shall the Registrar of Titles register any caveat affecting such lease.

Any sale, transfer, sublease, assignment, mortgage or other alienation or dealing effected without such consent shall be null and void.

[subs (1) subst Act 23 of 2023 s 2, effective 3 October 2023]

(1A) 
[subs (1A) rep Act 23 of 2023 s 2, effective 3 October 2023]
(2) On the death of the lessee of any protected lease his or her executors or administrators may, subject to the consent of the Director of Lands as above provided, assign such lease.
(3) Any lessee aggrieved by the refusal of the Director of Lands to give any consent required by this section may appeal to the Minister within 14 days after being notified of such refusal. Every such appeal shall be in writing and shall be lodged with the Director of Lands.

[subs (3) am LN 112 of 1970 O 74, effective 8 October 1970]

(4) Any consent required by this section may be given in writing by any officer or officers, either solely or jointly, authorised in that behalf by the Director of Lands by notice published in the Gazette. The provisions of subsection (3) shall apply to the refusal of any such officer or officers to give any such consent.

[subs (4) insrt Ordinance 21 of 1959 s 2, opn 25 June 1959]

(5) For the purposes of this section “lease” includes a sublease and “lessee” includes a sublessee.
(6) 
[subs (6) rep Act 23 of 2023 s 2, effective 3 October 2023]