The Alpine Lease Registration Guidelines, a copy of which is
attached, were released on 15 July 2008.
The Victorian Government issued an Alpine Resorts Leasing
Policy in 2002 which supported that leases in Alpine Resorts
should be able to be registered at the Land Titles Office. In
2004 the Government issued guidelines for implementation of
that policy and again included a statement that all new leases
in the resorts should be registered.
A similar statement about the desirability of registration
of leases and subleases was included in the
Government's 2020 Alpine Resorts Strategy. The strategy
included as an action pursuing the capacity to register leases
and subleases in Alpine Resorts. Following the issue by the
Alpine Resorts Co-ordinating Council ("ARCC") and the
Department of Sustainability of background and discussion
papers, the ARCC issued recommendations for amendments to the
Alpine Resort (Management) Act and the Transfer of Land Act and
for guidelines to be developed for registration of leases.
Following the foreshadowed legislative amendments, which took
effect on 21 June 2006, the guidelines attached to this E-Alert
have now been released.
A summary of registration requirements is set out on page 2
but it is important to note that a lease entered into prior to
21 June 2006 cannot be registered if any of the matters
referred to on page 9 of the guidelines apply.
Benefits Of Registration
The major benefit of registration is certainty, that a lease
can be searched by anyone at the Titles Office, and the ability
for a siteholder to obtain finance by using its lease as
security through grant of a mortgage to a financier.
The Department of Sustainability and Environment is
developing a format for a sublease and also a memorandum of
common provisions for apartment developments and it is
anticipated they will be available shortly.
For more information about the ARCC recommendations used as
a base for the guidelines, see www.arcc.vic.gov.au.
The content of this article is intended to provide a
general guide to the subject matter. Specialist advice should
be sought about your specific circumstances.
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