ADIS Code - SL
A sub-lease is a deed or a instrument whereby land or premises is rented from the lessee of a lease (called the head lease) for a fixed period of time. The sub-lessee has exclusive use of the land or premises during the term of the sub-lease subject to the conditions contained within the sub-lease. The sub-lease must expire at least one day prior to the head lease.
For a sub-lease of a lease affecting Kosciuszko National Park.
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 head lease.
(D) Indexing - The sub-lessor, the head lessor and the sub-lessee.
(E) Certification - Required.
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 affected land may be described by reference to the head lease or 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 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
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
Link Conveyance: nil.
Principal Deed: the registered number of the head lease.
Noting: Affecting [description of premises].
If Old System land is affected and:
- affecting premises, state: "of [description of premises]"
- an interest, state: "interest in" (or Noting Code: "I"
- a share, state: "[fraction] share"
- part of the land, state: "[affected land description]"
- the land description relies on an attached plan, state: "see attached plan" (or Noting Code: "PL").
V: the sub-lessor and the head lessor, deceased estates or trusts, and any variations thereof.
P: the sub-lessee, deceased estates or trusts, and any variations thereof.