Australian Capital Territory Numbered Acts

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LAND (PLANNING AND ENVIRONMENT) ACT (NO. 100 OF 1991) - SECT 181

Mortgage of leasehold subject to building and development provision

181. Where a lease contains a building and development provision, the lease, or an interest in the lease, shall not be capable of being mortgaged unless—

        (a)     the lessee has obtained a certificate under subsection 179 (1); or

        (b)     the mortgage is required by the lessee—

              (i)     to enable the lessee to repay money borrowed by him or her for the purpose of acquiring the lease or interest;

              (ii)     to secure money borrowed by the lessee for the purpose of acquiring the lease or interest; or

              (iii)     to enable the lessee to comply with a building and development provision of the lease.



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