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State Lands (Budget Amendment) Act 2021

REPUBLIC OF FIJI

STATE LANDS (BUDGET AMENDMENT) ACT 2021

ACT NO. 21 OF 2021

I assent.

J. K. KONROTE
President
[30 July 2021]

AN ACT

TO AMEND THE STATE LANDS ACT 1945

ENACTED by the Parliament of the Republic of Fiji -

Short title and commencement

1. - (1) This Act may be cited as the State Lands (Budget Amendment) Act 2021.

(2) This Act comes into force on 1 August 2021.

Section 13 amended

2. Section 13 of the State Lands Act 1945 is amended by -

(a) deleting subsection (1) and inserting the following new subsections -

• "(1) Whenever in any lease under this Act there has been inserted the following clause -
  • "This lease is a protected lease under the provisions of the State Lands Act 1945"
  • (hereinafter called a protected lease) it shall not be lawful for the lessee thereof to alienate or deal with the land comprised in the lease of any part thereof, whether by sale, transfer or sublease or in any other manner whatsoever, without the written consent of the Director of Lands.
• Any sale, transfer, sublease, assignment, or other alienation or dealing effected without such consent shall be null and void.
• (1A) Notwithstanding anything contained in subsection (1), written consent of the Director of Lands is not required for any mortgage, charge, pledge, caveat or for any such lease to be dealt with by any court of law or under the process of any court of law."; and

(b) after subsection (5), inserting the following new subsection -

• "(6) For the purposes of this section, any such consent shall only be refused where there is a breach of any lease condition or where such application to deal with the land is not in accordance with any law.".
  

Passed by the Parliament of the Republic of Fiji this 30th day of July 2021.