NSW's Retail Leases Act is under review – make a submission or complete the survey by 9 December 2022

The Real Estate team
17 Nov 2022
Time to read: 1 minutes

The New South Wales Government is reviewing the Retail Leases Act 1994 (NSW) (RLA).

Any changes to the RLA will have implications for property developers and retail landlords and tenants in NSW and possibly interstate.

The Government’s Discussion Paper has flagged that the review is broad and will cover:

  • All aspects of the current RLA (Parts 1-11 and Schedules 1-3)
  • Whether the original policy objectives remain appropriate
  • Potential opportunities to improve outcomes (including through amendments to the RLA)
  • Interaction of the RLA with other related or overlapping legislation.

The Discussion Paper highlights that the review may look at ways to:

  • cut red tape and compliance costs
  • make it easier to do business across state borders
  • clarify and simplify the RLA so it's easier to know what you must do
  • make market information more available
  • improve disclosure requirements
  • promote energy efficiency upgrades in the retail sector
  • incorporate changes in retail leasing practices and requirements
  • include practical measures to support the retail property industry
  • improve the business relationships between landlords and tenants.

The Government is encouraging all stakeholders to have their say by making submissions or completing the Government’s survey by 5pm on Friday, 9 December 2022.

Email your submission to [email protected] or go to www.haveyoursay.nsw.gov.au/retail-leases/ to upload your submission.

Go to www.haveyoursay.nsw.gov.au/retail-leases/ to complete the Government's survey.

The outcomes of the RLA review will be published from July 2023.

Clayton Utz communications are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this communication. Persons listed may not be admitted in all States and Territories.