Last Updated: 1 August 2023

[LAS 7A] Land acquired by non-residents7A 

7A
(1) Notwithstanding anything contained in sections 6 and 7, any State land or freehold land for residential purposes in any area within the boundary of any town or city declared or extended under the Local Government Act 1972 shall not be sold, transferred or leased to a non-resident.
(2) Any State land or freehold land to which subsection (1) applies may only be sold, transferred or leased to a non-resident for the acquisition of strata or unit title.
(3) Nothing in subsection (1) shall limit or prevent the sale, transfer or lease of any State land or freehold land to a non-resident for—
  • (a)industrial or commercial purposes;
  • (b)residential purposes within an integrated tourism development; or
  • (c)the operation of a hotel licenced under the Hotels and Guest Houses Act 1973.
(4) Nothing in subsection (1) shall limit or prevent any State land or freehold land to which subsection (1) applies from being—
  • (a)subjected to an agreement for tenancy for a term not exceeding 5 years with a non-resident;
  • (b)sold, transferred or leased to an immediate family member who is a non-resident;
  • (c)given, devised or bequeathed to a non-resident under the Succession, Probate and Administration Act 1970; or
  • (d)sold, transferred or leased to a non-resident if the agreement for sale and purchase had been executed on or before 21 November 2014 and all necessary documents for the sale, transfer or lease are lodged with the Registrar of Titles on or before 31 March 2015.
(5) Notwithstanding anything contained in subsection (1), any State land or freehold land for residential purposes beyond the boundaries specified in subsection (1) may be sold, leased or transferred to a non-resident.
(6) Notwithstanding anything contained in subsection (1), any existing vacant State land or freehold land for residential purposes—
  • (a)beyond the boundaries specified under subsection (1), whether wholly or partially, may only be sold, transferred or leased to a non-resident, provided the non-resident commences and completes construction of a new residential dwelling on the State land or freehold land within 5 years from the date of the sale, transfer or lease; and
  • (b)within or beyond the boundaries specified under subsection (1), whether wholly or partially and owned by a non-resident, the non-resident must commence and complete construction of a new residential dwelling within 24 months from 31 December 2014.

[subs (6) am Act 15 of 2023 s 2, effective 1 August 2023]

(6A) If a non-resident is unable to complete construction within the prescribed period pursuant to subsection (6), the non-resident may apply to the Review Committee for an extension of such period.

[subs (6A) insrt Act 24 of 2016 s 3, effective 24 September 2016]

(6B) The Review Committee shall, after receipt and upon consideration of an application under subsection (6A), make a recommendation to the Minister to approve or refuse the application, within such time as may be prescribed by regulations.

[subs (6B) insrt Act 24 of 2016 s 3, effective 24 September 2016]

(6C) In considering the application under subsection (6A), the Review Committee shall be guided by such procedures as may be prescribed by regulations.

[subs (6C) insrt Act 24 of 2016 s 3, effective 24 September 2016]

(6D) The Minister shall, after receipt and upon consideration of the recommendation of the Review Committee, make a decision to approve or refuse the application.

[subs (6D) insrt Act 24 of 2016 s 3, effective 24 September 2016]

(6E) No appeal shall lie against a decision of the Minister or the recommendation of the Review Committee under this section.

[subs (6E) insrt Act 24 of 2016 s 3, effective 24 September 2016]

(7) If construction is not completed within the prescribed period pursuant to subsection (6) or extension of such period pursuant to subsection (6D)
  • (a)a non-resident to whom the vacant State land or freehold land is sold or leased, shall be liable to pay to the State a fixed penalty of 10% of the price at which the vacant State land or freehold land was sold or leased; or
  • (b)a non-resident to whom the vacant State land or freehold land is transferred shall be liable to pay to the State a fixed penalty of 10% of the value of the land,

at 6 monthly intervals until construction is complete.

[subs (7) am Act 24 of 2016 s 3, effective 24 September 2016]

(8) Any person who contravenes this section shall be liable upon conviction to a fine not exceeding $100,000.
(9) For the purposes of this section—
construction

means the construction of a new residential dwelling which incurs building costs not less than $250,000;

immediate family member

means a spouse, child, sibling, parent, grandparent or grandchild;

integrated tourism development

means the development of a hotel and the subdivision and sale of residential lots and includes and includes the development of jetties, moorings, recreational facilities and other amenities;

residential purpose

means the use or occupation of property by any person (including but not limited to the owner of the property) as his or her place of residence for any period of time; and

strata or unit title

means a form of individual ownership of part of a property called a lot, devised for multi-level apartment blocks and horizontal subdivisions with shared areas.

[s 7A insrt Act 16 of 2014 s 3, effective 15 December 2014]