Australian Capital Territory Repealed Acts

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This legislation has been repealed.

CITY AREA LEASES ACT 1936 - SECT 3

Interpretation. (1) In this Act, unless the contrary intention appears— “determined fee” means a fee determined by the Minister under section 37B for the purposes of the provision in which the expression occurs; “lease” means—

        (a)     a lease under this Act;

        (b)     a lease granted under a repealed Ordinance and continued in force by subsection (2) of the last preceding section; and

        (c)     a lease under the Unit Titles Act 1970 ;

“lessee” means the person who is the registered proprietor of a lease whether the lease was granted to him or the lease has passed to him by assignment, transfer, devolution or operation of law;
“ Real Property Act” means the Real Property Act 1925 and includes that Act as subsequently amended; and
“repealed Ordinance” means any Ordinance repealed by section two of this Act and includes any such Ordinance as subsequently amended;
“sub-lease” means a sub-lease of a parcel of land or part of a parcel of land subject to a lease, or of a building or part of a building on a parcel of land so subject;
“sub-lessee” means the person who is the proprietor of a sub-lease whether the sub-lease was granted to him or the sub-lease has passed to him by assignment, transfer, devolution or operation of law;
“the Building Controller” has the same meaning as in the Building Act 1972 ;
“Tribunal” means the Australian Capital Territory Administrative Appeals Tribunal.

(2) For the purposes of the application of a provision of this Act (other than section nineteen A of this Act) in which there is a reference to improvements on or to a parcel of land, there shall be deemed not to be any improvements on or to the parcel of land if the only improvements on or to the parcel of land are improvements by way of clearing, draining, grading, filling, excavating or levelling made by the Territory or the Commonwealth or the cost of which the Territory or the Commonwealth has paid.

(3) A reference in this Act to the proper authority shall be read as a reference to a person—

        (a)     who, at the relevant time, was the proper authority under the Canberra Building Regulations as in force from time to time under the Building and Services Act 1924 or under that Act as subsequently amended;

        (b)     who, at the relevant time, was the proper authority or a deputy proper authority under the Building Ordinance 1964 2 or under that Ordinance as subsequently amended; or

        (c)     who, at the relevant time, was or is the proper authority or a deputy proper authority under the Building Ordinance 1964-1970 2 in its continued application as provided for by section four of the Building Act 1972.

Application of Act

4. (1) This Act shall apply to Territory Land within the area specified by the Minister, in pursuance of any repealed Ordinance, by notice in the Gazette , as varied by the Minister in pursuance of any such Ordinance.

(2) The Minister may, at any time, by notice in the Gazette , vary the area.

(3) The area, as varied from time to time, is in this Act referred to as “the City Area”.

Power of Minister to grant leases


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