ADIS Code SL
The term "Kosciuszko lease" as used in this manual refers to those leases given by the relevant Minister affecting land in the Kosciuszko National Park that has been vested in the Minister of a statutory authority by an act of parliament and publication of a notice in the Government Gazette. Sub-leases of the Kosciuszko lease and sub-leases of sub-leases etc may be lodged for registration.
Kosciuszko is often spelt as Kosciusko for commercial purposes.
There are currently two main head leases for land in the Kosciuszko National Park that has been vested in a statutory authority.
Lease Book 2629 No. 131
The locality is Thredbo. The lessor is the Minister for Lands. The lessee is Kosciusko Thredbo Pty Ltd.
Lease Book 4193 No. 522
The locality is Perisher Valley. The lessor is the Minister for the Environment for the State of NSW. The current lessee is Muskelm Pty Ltd. Midika Pty Ltd, The Stables Unit Trust (the Trust), and Bellevarde Constructions Pty Ltd (the 1st Unit Holders) are also to be given Index entries.
The original lease or sub-lease is not required.
The question of the Minister's consent to the sub-lease will not be considered by NSW LRS. A copy of the consent, if furnished, will be filmed with the registration copy of the sub-lease.
Lodgment requirements
Stamp duty - Not required if the lease is dated on or after 1.1.2008. Required if the lease is dated before 1.1.2008.
If not marked Registration insisted upon, is prohibited.
Any alteration to the term or rent must be marked.
Registration copy - Required. If unacceptable, Registration insisted upon is prohibited.
Statement of Title Particulars form - Not required.
NOS form - Not required.
Index Particulars form (completion)
(A) Lodging Party - Must be completed.
(B) Instrument - Lease - Sub-lease of
(C) Locality - Not required.
Link Conveyance - Not required.
Principal Deed - The registered affected lease or sub-lease, and the head lease for a sub-lease of a sub-lease.
(D) Indexing - The sub-lessor, the head lessor and the sub-lessee.
(E) Certification - Required.
Document requirements
Date: must be dated with the date of execution. If not dated advise the lodging party. If a date is not furnished, indicate Registration insisted upon and include the reason.
Name: the full names (initials are acceptable) of the sub-lessor and the sub-lesee are required. Advise the lodging party of any discrepancies in names.
Operative clause: "... hereby sub-leases/leases...".
Land Description: required. The Old System land may be described by reference to:
- a metes and bounds description
- another registered instrument
- a plan attached
- a Government Gazette notice or
- a lot or parcel in a subdivision.
A plan annexed to a sub-lease does not have to comply with all of the requirements for a plan annexed to a Real Property Act lease, but must:
- be suitable for microfilming purposes
- not contain colour
- be referred to in the lease and
- be on A4 size paper (the plan may be a composite of several pages where the original is larger than A4).
The plan does not have to be signed by the parties to the sub-lease. No additional fee is charged for a plan annexed.
Principal Deed: the number of the affected head lease or sub-lease must be identical to the number stated on the IPF.
Execution: by the sub-lessor. A power of attorney must be registered, except for a sub-lease for less than 3 years including options of renewal. The sub-lessee does not have to sign.
Attestation: required. Must be witnessed by a person of 18 years of age or older who is not a party to the document.
IPF: must be completed.
Staff processing information
A cursory check of the term, dates and description is required. Any discrepancies must be brought to the attention of the lodging party. If registration is required, indicate "Registration insisted upon" and include the reason.
A sub-lease of an unregistered sub-lease must be entered in the General Frame, ie code "G", with a Noting: "Sub-lease of unregistered sub-lease dated ... affecting [description of land]". Enter the head lease number as a principal deed. Enter the head lessor, ie:
- Kosciusko Thredbo Pty Ltd or
- Muskelm Pty Ltd, Midika Pty Ltd, The Stables Unit Trust (the Trust), and Bellevarde Constructions Pty Ltd (the 1st Unit Holders),
and the sub-lessor as Vendors entries. Enter the sub-lessee as a Purchasers entry.
Term etc: a cursory check of the term, dates and description is required Any discrepancies must be brought to the attention of the lodging party. If registration of the lease is required, indicate Registration insisted upon and include the reason.
CA Not required
Indexing
Locality: nil.
Link Conveyance: nil.
Principal Deed: the registered number of the lease or sub-lease being sub-leased.
Noting: "Of [description of premises, eg Chalet 14 Squatters Run Thredbo]".
If the sub-lease contains a land description reliant on an attached plan, state: "see attached plan" (or Noting Code: PL).
V: the head lessor, ie:
- Lease Book 2629 No. 131 - "Kosciusko Thredbo Pty Ltd" or
- Lease Book 4193 No. 522 - "Muskelm Pty Ltd", "Midika Pty Ltd", "The Stables Unit Trust" (the Trust), and "Bellevarde Constructions Pty Ltd" (the 1st Unit Holders),
and the sub-lessor, deceased estates or trusts, and any variations thereof.
P: the sub-lessee, deceased estates or trusts, and any variations thereof.