Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
Penalty: Two hundred dollars.
29. (1) Subject to section thirty of this Act, each parcel of land included in a lease shall at all times be held and occupied by or under the lessee as one undivided parcel.
(2) Subject to this Act, the land may be sub-let and the lease and any interest therein may be assigned, transferred or mortgaged.
(3) Notwithstanding any provision of the Real Property Act 1925 , where a lease to which this subsection applies includes a covenant, not being a covenant authorized or required by this Act, that the lessee will not, within a period specified in the covenant, transfer or assign by way of sale the lease or any interest in the lease except with the consent of the Minister—
(a) the covenant has no effect; and
(b) the lease has, and shall be taken always to have had, the same effect as it would have had if the covenant had not been included in the lease.
(4) Subsection (3) applies to a lease granted under this Act on or after 1 January 1974.
(5) A right acquired, or liability incurred, before the commencement of the City Area Leases (Amendment) Act 1979 in respect of the breach of a covenant referred to in subsection (3), is, by force of this subsection, discharged.
30. (1) Any portion of a building erected on a parcel of land included in a lease may, subject to the lease and any sub-lease of the land, be sub-let separately from the remainder of that building.
(2) Where a portion of a building is sub-let separately from the remainder of the building, any portion of the parcel of land on which the building is erected may, with the consent of the Minister, be sub-let with the portion of the building separately from the remainder of the parcel of land, provided that that portion of the parcel of land adjoins that portion of the parcel of land on which the portion of the building is erected.
30A. (1) For the purposes of this section—
(a) the prescribed date is the first day of January, One thousand nine hundred and seventy-one; and
(b) a reference to ground rent shall be read as a reference to rent under the relevant lease under this Act.
(2) Subject to this section, a term, provision or covenant in a sub-lease entered into before the prescribed date that makes provision whereby the amount payable under the sub-lease by the sub-lessee to the sub-lessor, whether by way of rent or otherwise, is to be, or may be, increased or decreased in the event of—
(a) a variation in the annual ground rent payable in respect of the premises comprised in the sub-lease;
(b) a variation in the rates so payable; or
(c) a variation in the annual ground rent or rates so payable,
shall, on and after the prescribed date, be read and construed and has effect—
(d) as if any amount that was payable before the prescribed date by the sub-lessor as ground rent in respect of the premises had been payable as rates; and
(e) as if—
(i) in the case of a term, provision or convenant referring to ground rent only—the reference to ground rent were a reference to rates; or
(ii) in the case of a term, provision or convenant referring to ground rent or rates—the reference to ground rent or rates were a reference to rates.
(3) The last preceding subsection does not prevent the making by the sub-lessor and sub-lessee under a sub-lease of an agreement in writing having an effect that is inconsistent with the last preceding subsection and, if such an agreement is made—
(a) the agreement has effect according to its tenor; and
(b) the last preceding subsection shall be deemed not to have applied, and not to apply, to or in relation to the sub-lease.
(4) On an application by the sub-lessor or the sub-lessee under a sub-lease entered into before the prescribed date containing a term, provision or covenant that makes provision whereby the amount payable under the sub-lease by the sub-lessee to the sub-lessor, whether by way of rent or otherwise, is to be, or may be increased or decreased in the event of a variation referred to in paragraph (a), (b) or (c) of subsection (2) of this section, the Supreme Court may, if it is satisfied that the application of that subsection to and in relation to the sub-lease is not, or would not be, in all circumstances of the case, just and equitable, by order direct that that subsection shall be deemed not to have applied, and is not to apply, to and in relation to the term, provision or convenant and, in that case, the term, provision or convenant in the sub-lease shall be deemed to have continued, and to continue, to have effect as if this section had not been made.
(5) Where—
(a) subsection (2) of this section has effect in relation to a sub-lease; and
(b) the sub-lease confers on the sub-lessee the right to exercise an option to renew the sub-lease,
that right shall be read and construed as a right to exercise an option to renew the sub-lease as it has effect by virtue of that subsection.
(6) This section binds the Crown in its capacity as a sub-lessee.
31. (1) The Minister may, by notice in writing to a lessee, require the lessee to erect a fence on the boundary or any portion of the boundary of the land included in his lease.
(2) Where the boundary to be fenced is a common boundary between two parcels of land included in different leases, the Minister may, by notice in writing to each of the lessees, require them jointly to erect the fence.
(3) A notice under this section shall specify the fence to be erected and the portion of the boundary upon which it is to be erected.
(4) If a fence in compliance with the notice is not erected within one month after the date of the notice—
(a) the Minister may, at the cost of the lessee, cause the fence to be erected; and
(b) the lessee shall pay to the Minister on demand the amount fixed by the Minister as the cost of erecting the fence or as the proportion payable by the lessee of that cost.
(5) Where, in any building plan or design prepared or approved by the proper authority, or any plans and specifications approved by the Building Controller, for buildings or other structures to be erected on land subject to this Act, a fence is shown or provided for on the common boundary or portion of the common boundary between two parcels of land, the lessee of either of the parcels of land shall have the right, power and authority to erect, maintain and use a fence in the position shown upon the plan or design, and the lessee who has erected any such fence may recover in any Court of competent jurisdiction from the lessee of the other parcel of land half the cost of the erection of the fence, less depreciation (if any) up to the time when proceedings may be commenced.
(6) Proceedings under subsection (5) may be commenced at any time within 6 months after the commencement of the erection of the fence.
(7) Subsection (5) applies only where both parcels of land are leased at the time of the commencement of the erection of the fence.
32. (1) In this section, “party-wall” means a wall or structure designed for the common use of two or more buildings and erected or to be erected upon a common boundary or portion of a common boundary between two parcels of land subject to this Act, and extending laterally into each of such parcels of land, and includes any wall, wholly or partly used for the support of two or more buildings and erected in connexion with a building in respect of which there is applicable a certificate—
(a) of the kind referred to in regulation 69A of the Canberra Building Regulations as in force at the time of the issue of the certificate under the Buildings and Services Act 1924 or under that Act as subsequently amended;
(b) of the kind referred to in regulation 69A of the Canberra Building Regulations as in force at the time of the issue of the certificate under the Building Ordinance 1964 2 or under that Ordinance as subsequently amended or of those regulations in their continued application as provided for by section four of the Building Act 1972 ; or
(c) issued under subsection (2) or (3) of section fifty-three of the Building Act 1972.
(2) Where in any building plan or design prepared or approved by the proper authority, or in plans and specifications approved by the Building Controller, for buildings to be erected on land subject to this Act a party-wall is shown or provided for on the common boundary or portion of the common boundary between two parcels of land—
(a) the lessee of each of the parcels of land shall, during the continuance of his lease, have the right, power and authority—
(i) to erect, maintain and use a party-wall in the position shown upon the building plan or design; and
(ii) to use for the support of the building or buildings provided for in or shown upon the building plan or design and erected upon the parcel of land of which he is lessee any party-wall so erected;
(b) the lessees of the two parcels of land may agree as to the lessee by whom the party-wall shall be erected and in what proportions the cost of erection shall be borne by them;
(c) where a lessee of one parcel of land has at his own expense erected a party-wall, the lessee of the other parcel of land shall forthwith after commencing the erection of a building on the other parcel of land pay to the first-mentioned lessee a proportion of the cost of the erection of the party-wall;
(d) in default of agreement between lessees as to the apportionment of the cost of erecting a party-wall, the Minister may at the request of either lessee determine the cost of erecting the party-wall, and the proportion of the cost to be borne by each lessee;
(e) where any period has elapsed between the date of completion of the party-wall by the lessee of one parcel of land and the date of the commencement of the erection of a building on the other parcel of land, a reasonable allowance shall be made for depreciation of the party-wall in determining the proportion payable by the other lessee of the cost of erection of the party-wall; and
(f) the amount agreed upon or determined by the Minister as payable by one lessee to another lessee under this section shall be a debt due and recoverable by the other lessee in any Court of competent jurisdiction.
35. (1) The land included in a lease shall at all times be kept by the lessee clean, tidy, and free from debris, dry herbage, rubbish, carcasses of animals and other unsightly or offensive matter.
(2) Upon a non-compliance with this section, the Minister may at the cost of the lessee cause any matter or thing to be removed from the land and restore the land to a clean and tidy condition.
(3) The lessee shall pay to the Minister on demand the amount fixed by the Minister as the cost incurred by the Minister by reason of the failure of the lessee to comply with subsection (1) of this section.