Residential Tenancies Act 1987 Residential Tenancies (Residential Premises) Amendment (St Patrick's Estate, Manly) Regulation 1999 (1999-113) [GG No 25 of 26.2.1999, p 1191] (NSW)

1999 No 113

New South Wales

under the

Residential Tenancies Act 1987

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Residential Tenancies Act 1987.

JW Shaw, QC MLC
Minister for Fair Trading

The objects of this Regulation are:

(a) to exempt from the operation of the Residential Tenancies Act 1987 certain long-term residential tenancy agreements currently subsisting

in respect of certain lands at Manly held by the Roman Catholic

Archbishop of Sydney and known as St Patrick’s Estate, and

(b) to provide for the exemption from the Act, by consent of the parties to the agreement, of a residential tenancy agreement that renews or extends any such subsisting tenancy, or creates a new tenancy with previous tenants in respect of the same land, for a term not greater than 52 years.

This Regulation is made under section 133 (3) (d) of the Residential
Tenancies Act 1987.

Published in Gazette No 25 of 26 February 1999, page 1191 Page 1

Clause 1	Residential Tenancies (Residential Premises) Amendment (St Patrick's Estate, Manly) Regulation 1999
esidential Tenancies (R	idential Premises)

Amendment (St

1 Name of Regulation

This Regulation is the Residential Tenancies (Residential Premises) Amendment (St Patrick ‘s Estate, Manly) Regulation 1999.

2 Commencement

This Regulation commences on 30 March 1999.

3 Amendment of Residential Tenancies (Residential Premises) Regulation 1995

The Residential Tenancies (Residential Premises) Regulation

1995 is amended as set out in Schedule 1.

4 Notes

The explanatory note does not form part of this Regulation.

Residential Tenancies (Residential Premises) Amendment (St Patrick's Estate, Manly) Regulation 1999

Amendment Schedule 1

men t

(Clause 3)

Section 23B

Insert after section 23A:

23B St Patrick's Estate, Manly

A residential tenancy agreement entered into before 2 October 1971 that created a tenancy for a term of not less than 40 years in respect of any land comprised in St Patrick's Estate, Manly is exempted from the operation of the Act.

A residential tenancy agreement entered into after the commencement of this clause that extends the term of a tenancy exempted by subclause ( l ) by a period, or renews such a tenancy for a further term, of not more than 52 years, is exempted from the operation of the Act if the parties agree in writing that the Act is not to apply to the agreement.

A residential tenancy agreement entered into after the

commencement of this clause:

(a)	in respect of land previously the subject of a tenancy to which subclause ( l ) applies, and
(b)	by which a new tenancy is created, being a tenancy entered into:

(i)       between the persons who, immediately before the creation of the new tenancy, were the landlord and tenant under the tenancy referred to in paragraph (a), and

(ii)      for a term of not more than 52 years,

is exempted from the operation of the Act if the parties agree in writing that the Act is not to apply to the agreement .

Residential Tenancies (Resldential Premises) Amendment (St Patr ick Estate, Manly) Regulation 1999

Schedule 1 Amendment

(4)	The exemption of a residential tenancy agreement from the operation of the Act, whether by the operation of subclause ( l ) or by agreement in accordance with subclause (2) or (3), does not:
(a) affect any other residential tenancy agreement (a sublease) effecting a demise of:

(i)       the tenant's interest under the exempt agreement, or

(i) any interest derived from that interest. or affect the rights or obligations under the Act, as landlord and tenant under the sublease, of the parties to the sublease.

(b)

(5)	In this clause, St Patrick's Estate, Manly means the following lands held by the Roman Catholic Archbishop of Sydney:
Lots 85–87 inclusive in DP 70416
Lots 88–92 inclusive, Lots 101–104 inclusive and Lots 110 and 112 in DP 998494
Lots 1 and 2 in DP 206444 Lots 1 and 2 in DP 506097 Lots A and B in DP 447103 Lot 1 in DP 797289
Lot 1 in DP 198774
Lots 2–35 inclusive and Lots 39–80 inclusive in DP 8075
Lot 36B in DP 390597 Lots 1–3 inclusive in DP 205741 Land in plan attached to Lease B263018 Lots 1–4 inclusive and Lots 81–84 inclusive in DP 8076