Section 13B Real Property Act 1900 authorises the Registrar General to create folios of the Register (and issue Certificates of Title) for land held under perpetual lease from the Crown. The fee of these titles is Perpetual Leasehold not Fee Simple. Titles of different fees should not be consolidated into a new parcel.
The folio of the Register will include notifications relating to the following:
- tenure identity (Conditional Lease, Homestead Grant Lease etc) usually expressed in the form tenure type/tenure number/land office viz CL1948/17 Goulburn)
- payment of annual rent and other dues
- forfeiture provisions
- restriction on subdivision (except Western Lands Leases)
- any restrictions on dealings
A perpetual lease tenure may be:
- subdivided with the consent of the Minister for Lands
- forfeited if the conditions are not met
- surrendered, transferred or mortgaged by the registration of an appropriate dealing
- converted to an Incomplete Purchase by the registration of a Form 19MA Application.
Subdivision
A Crown land tenure perpetual lease may be subdivided by a deposited plan of survey lodged by Crown Lands see Restrictions on subdivision.
The consent of the Minister for Lands must be endorsed in the appropriate panel on the administration sheet of the plan.