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This is a Bill, not an Act. For current law, see the Acts databases.
LAND (PLANNING AND ENVIRONMENT) AMENDMENT BILL 2004 (NO 2)
2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Planning)
Land
(Planning and Environment) Amendment Bill 2004 (No 2)
Contents
Page
2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Planning)
Land (Planning and
Environment) Amendment Bill 2004 (No 2)
A Bill for
An Act to amend the
Land (Planning and
Environment) Act 1991, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Land (Planning and Environment) Amendment Act 2004 (No
2).
This Act commences on a day fixed by the Minister by written
notice.
Note 1 The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times
may be fixed, for the commencement of different provisions (see Legislation Act,
s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on
the notification day, it automatically commences on the first day after that
period (see Legislation Act, s 79).
This Act amends the Land (Planning and Environment)
Act 1991.
substitute
178 Refund on lease surrender or
termination
(1) This section applies if a lease of Territory land is surrendered or
terminated under this Act.
(2) On application by the person surrendering the lease or the person
whose lease has been terminated, the planning and land authority may authorise
payment of the amount prescribed under the regulations to the person.
Note A fee may be determined under s 287 for this
provision.
(3) The planning and land authority must not authorise the payment of an
amount under this section otherwise than in accordance with criteria under
subsection (4) for the authorisation of payments.
(4) The Minister may, in writing, determine criteria for the authorisation
of payments under this section.
Note The power to make a statutory instrument (including the
statement of criteria) includes power to amend or repeal the instrument (see
Legislation Act, s 46).
(5) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and
presented to the Legislative Assembly, under the Legislation Act.
5 Transfer
of land subject to building and development
provisionSection 180
(2)
substitute
(2) The planning and land authority may, in writing, consent to a legal or
equitable assignment or transfer of a lease, or an interest in a lease,
mentioned in subsection (1) if—
(a) the authority—
(i) is satisfied that the proposed assignee or transferee intends to
comply with the building and development provision; and
(ii) has been given the security (if any) required by the authority for
compliance with the provision by the proposed assignee or transferee;
and
(b) either—
(i) the authority is satisfied that the lessee cannot, for personal or
financial reasons, comply with the building and development provision;
or
(ii) the proposed transferee or assignee (the homebuyer) has
a contract with the person (the builder) proposing to transfer or
assign the lease and, under the contract, the builder is required to build a
home on the leased land for the homebuyer.
Note A fee may be determined under s 287 for this
provision.
(2A) The planning and land authority may also, in writing, consent to a
transfer of a lease, or an interest in a lease, mentioned in subsection (1) if
the proposed transfer is the first sale of an individual lease of undeveloped
land by the person who provided the infrastructure on, and subdivided, the
holding lease of which the individual lease is a subdivision.
Note A fee may be determined under s 287 for this
provision.
substitute
(3) In deciding under subsection (2) or (2A) whether to consent to an
assignment or transfer of a lease, the planning and land authority must take
into consideration any matters determined by the Minister, in writing, for the
subsection.
renumber subsections when Act next republished under Legislation
Act
8 Land
(Planning and Environment) Regulations 1992, new
regulation 14A
in division 3.1, insert
14A Amount of refund for surrender or
termination—Act, s 178 (1)
(1) The amount prescribed for a lessee is the lesser of the following
amounts:
(a) the amount paid for the grant or transfer of the lease to the
lessee;
(b) the market value of the lease.
(2) However, the amount prescribed for a lessee is the price paid for the
grant if—
(a) the lessee is the lessee originally granted the lease; and
(b) the lease was granted before this regulation commences.
(3) Subregulation (2) and this subregulation expire 7 years after the day
this regulation commences.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2004.
2 Notification
Notified under the Legislation Act on 2004.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2004
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