Kosciuszko National Park has been alienated from the Crown by Act of Parliament and subsequent notification in the Government Gazette. The ski resorts located within Kosciuszko National Park are comprised of many private hotels, ski lodges, shops and other facilities. Each of these buildings are leased or subleased from NSW National Parks and Wildlife Service to individual lessees.
The leases may be either of a lease premises (e.g. Shop no. 7 Perisher Centre) or a lease of land (e.g. Matterhorn Ski Lodge). Major facilities such as pump houses, chairlift terminals, fire stations and the ski tube station and tunnels are also leased from the Minister to the resort management company.
NOTE: NSW LRS no longer accepts the lodgement of these leases in the General Register of Deeds.
We have set out below the practice undertaken for some of the popular ski resorts.
Thredbo
A lot has been created for the entirety of the resort. The title for this lot stands in the name of The Minister administering the National Parks and Wildlife Act 1974 together with a notification in the second schedule referring to the head lease to Kosciuzsko Thredbo Pty Ltd. The site of every existing lease of land within the resort has been redefined in new plans of survey subdividing the head lease lot. The titles for these lots are issued in the name of the Minister for Energy and Environment and bear notifications relating to the head lease and the sublease of the individual ski lodge etc.These titles may then be mortgaged or subleased in the usual manner. A residue lot is created for the remainder of the head lease lot. Any new lease of land will require the preparation of a plan of survey subdividing the head lease lot into the new site and residue. Any new plan will be prepared in the usual manner.
Perisher Valley / Smiggin Holes / Guthega
A program has been undertaken whereby a lot has been created for each existing lease of land within the resorts and fee simple titles issued. These titles may then be mortgaged or subleased in the usual manner. It is intended that a new lot will be created for the remainder of the resort in a similar manner to the Thredbo lot. Any new lease of land will require the preparation of a plan of survey subdividing this lot into new lots for the lease site and residue. Any new plan will be prepared in the usual manner.
Subdivision Certificate
The Minister for Planning and Public Spaces is the subdivision consent authority for all new plans within Kosciuszko National Park. Consequently, any new subdivision plan should bear a Subdivision Certificate signed by an authorised officer of the Department of Planning.
Signatures
Any plan of subdivision within Kosciuszko National Park must be signed by a delegate of the Minister for Energy and Environment together with all other affected parties lessees, mortgagees etc.
Redefinition
A plan which intends to redefine the boundaries of a lease site for which a title has been created may include segment(s) or pieces of adjoining Crown Title provided that the heading of the plan refers to 'Plan of Redefinition of ....(Torrens title reference)'. A letter from the Crown or consent authority must be furnished confirming that the purpose of the plan is a redefinition of the lease site.
Similarly, titles will not need to be created for segment(s) or pieces of the existing Torrens Title not included in the redefined parcel.
Publish date: October 2023