Document ID: chunk:federal_register_of_legislation:F2006B00525:body:0:p5
Version: federal_register_of_legislation:F2006B00525
Segment Type: other
Provision Reference: 
Character Range: 10379–12569

in the place in the journal where the particulars of the lease were entered; and
         (c) if there is a current mortgage, or sublease or other dealing relating to the lease—endorse the mortgage, sublease or other dealing on each part of the instrument of lease; and
         (d) sign each part of the instrument of lease and any endorsements; and
         (e) enter in the Register of Leases the Administrator's part of the instrument of lease.

 "(3) When the Registrar has registered the lease, he or she must give the lessee's part of the instrument of lease to:
         (a) the lessee; or
         (b) if the copy was received from the mortgagee of the lease—the mortgagee.

        SCHEDULE—continued

Effect of endorsement of mortgage or sublease

 "81BD. Subject to an express provision to the contrary in the instrument of mortgage or sublease, a mortgage or sublease endorsed on an instrument of lease under paragraph 81bc (2) (c) has effect as if:
         (a) the mortgage or sublease contained all the covenants and conditions implied by this Act in a mortgage or sublease; and
         (b) the parties to the mortgage or sublease had the powers given by this Act to parties to a mortgage or sublease.

"Division 3—Dealing with a Crown Lease".

3.   Section 169a (Territory transition)
3.1   Section 169a:
Omit "for inclusion in the Register Book".

3.2   Add at the end:

 "(2) If:
         (a) a plan showing land as a public road has been:
 (i) approved by an authorised land officer within the meaning of section 173 of the Land Act 1987 on or after 1 July 1992; and
 (ii) signed by the Inspector of Plans and Surveys; and
         (b) the Christmas Island Shire Council gives written approval of the dedication of the land as a public road; and
         (c) the land was used by the public as a street, way, public place, bridge, or thoroughfare before 1 July 1992;
the land is taken to be dedicated as a public road in spite of a failure to comply with the requirements of Part XI of the Local Government Act 1960.".

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NOTE

1. Notified in the Commonwealth of Australia Gazette on 9 November 1992.