Queensland Consolidated Acts

INFRASTRUCTURE INVESTMENT (ASSET RESTRUCTURING AND DISPOSAL) ACT 2009 - SECT 15A

15A Particular lease provisions about fixtures have force of law

(1) This section applies if—

(a) in connection with a declared project—

(i) a lease is granted, including by a transfer notice; or

(ii) a declared entity enters into a lease in accordance with a project direction given to it or its board; and

(b) the lease purports to lease or otherwise dispose of any thing that is on, under or above land, including a thing that, apart from this section, would form part of, or attach to, the land.

(2) The lease may provide for all or any of the following—

(a) that the thing does not form part of, or attach to, the land on, under or above which the thing is situated regardless of whether or not the thing is a fixture;

(b) that the thing is leased separately from the land on, under or above which the thing is situated;

(c) that the thing is excluded from a lease of the land on, under or above which the thing is situated;

(d) that the thing is treated as personal property and not as a fixture and that ownership of the thing does not vest in the owner of the land on, under or above which the thing is situated;

(e) that the thing may be transferred or disposed of separately from the land on, under or above which the thing is situated.

(3) A provision of a lease mentioned in subsection (2) has the force of law as if the provision were an enactment of this Act.

(4) Subsection (3) applies despite any other law or instrument to the contrary.