City Area Leases Act 1938 (ACT)

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Executive CouDcil, in pursuance of the powers conferred by the

THE ,·TERRITORY FOR TIlE SEAT

I.	OF GOVERNMBNT.
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. , No. 21 of 1938 .

AN ORDINANCE

To amend th~ City Area Leases Ordinances 1936.

BE it ordained by the Administrator of. the Government of the Commonwealth of Australia, with the advice of the Federal

Commonwealth Gazette 1695 No. 35.-9th June, 1938

Seat of Govemment Acceptance A.ct 1909 and the Seat of Govern- m.ent (A(Zminist"ration) Act 1910-1933, as follows:- .

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1.-(1.) This O'rclinance may be cited as the City Area Leases Shorttltleand , ,

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Ordinance 1938. ' citation. ,

(2.) The City A1·ea Leases Ordinance 1936 is in this Ordinance referred to as the Principal Ordinance. .

. (3.) The Principal Ordinance, as amended by this Ordin.ance, may be cited as the City Area Leases Ordinance 19a6-1938.

2: Section three of the Principal Ordinance is amended by Dellnltions.

inserting the following definition after the definition of "lessee":-

" , proper authority' means the' pr~per authority appointed	under the Canberra Building· Regulations made;'Uuder
the Building and Services {)rdinance 1924, or under that Ordinance as subsequently amended; ".

3. After .section nineteen of the Principal Ordinance the

following section is inserted:-

"19A,~(1.) Where, upon 'the expiration of .the term of a lease Tenant ~ight In

. of land upon which ther'e are improvements, the lessee il'l granted a Improvements.
further lease of that land, or is. granted a lease of a~ypart of that
land, he shall not be liable to make any. payment to the Common-
wealth for the improvements: on .that land or' part. ..

"(2.) Where, upon the expira~lon of the term of a l()ase of land upon which there are improvements, tJIe lessee is not ,granted a further lease of the If!.n,d or is granted. 8. lease of' part only of the land, the Commonwealth shall-

(a)	in respect of the land or any part ,of the land not leased to the lessee, where the land or part has not, prior to the expiration of the term of the lease, been declared by the Minister to be available, for lease-forthwith;
.	(b) in respect of the land or any part of the land not leased to the lessee, where the land or pl;l.rt has, prior to the expiration of the te;rm of the lease, been declared by the Minister to be available for lease and a lease therof .is grantd, witl;tin 'six months after the expira- tion of the term of the lease, to' a person other than the. lessee-upon the grant of, the lease to that

person; and .

(c) in any other case-upon the expiration of six' months

. after the expiration of the term of the lease,

be liable 'to pay to the lessee-

(i) where no part of the land is -leased to the le~s~e, th.e value of the improvllments on the land j or .

(ii) where part of the land is 'leased to tlle lessee, the ~81ue

of the improvements on the part of the land not so

leascd:  . , ."

Provided that, if the land or any llart thereof is, prior to' the expiration of the term of the lease, declared by the Minister 'to be	available for lease, and the lessee does not, within six months after
the expiration of the term of the lease, elect to take a further -lease of the land or of'that part, there shall be deducted from the amount payable to the lessee under this sub-section the' amount of such expenditure as the Minister determines has been incurred in connexion with the grant to any other person of' a lease of the land or that part.
"(3.) Where, between the date of the expiration -of the term of a lease of land upon which there are improvements and the date of the grant of a further lease of that land or part thereof, the Commonwealth derives revenue, part or all . of which· is attributable to the improvements on that land or part thereof, the Commonwealth shall pay to the lessee, from time to time, as the Minister determines, the difference between such sum a::l the n-Iinister determines is attributable to revenue from those improve. ments and the amount of such expenditure as the Minister deter- mines has been incurred by the Commonwealth in maintenance and other costs in respect of those improvements.
~ ~(4. J NotWithstanding anything contained in any lflase, and subject to the covenants (if any), of the lease with respect to the erection of a building on the land having fully been observed or

No. :.lib-lIth june, 1938 16!J() Oommonwealth Gazette

pel'formec1, where the lease is determined or surrendered by ·virtue of any provision contained in the lease, the provisions of this section relating to the payment to the lessee o'f tbe value of the improve- ments on the land comprised in a lease upon the expiration of its term shall (so far as applicable) apply as if the term of the lease had expired on the date of the determination or surrender:

Provided that there shall be deducted from any sum payable

in respect of the value of the improvements on the land the amount

of such expenditure as the Minister determines .has been incurred by the Commonweal th in connexion' with the determination or surrender of the lease and the grant (if any) of a further lease of the land or any part thereof.

(7.) For the purposes of this section-

, improvements' includes buildings and erections, but does not include improvem~nts effected at the cost of the . Commonwealth for which the Commonwealth has not received, or is not entitled to receive, payment;

'lessee', in relation to a lease the term of which has expired or which has been determined or surrendered, means the person who was the lessee under the lease at the date of the expil;atlon of the term or at the date of the deter- mination or surrender of the lease, as the case may be; and
'value of the improvements' means-

(a) where a lease of any land or any part thereof is granted to the successful bidder at an auction of the right to the lease (held ,vithin six months after the expiration, determination or surrender of the previous lease) at which the .bidding was by capital sum representing the value of the improvements-the amount payable for the improvement'> on that land or

part in accordance with the provisions of

section nineteen of this Ordinance; and

(b) in all other cases-such amount as is agreed upon by the l\finister and the lessee, or, in default of agreement, as is determined by arbitration under the laws in force in the Territory relat- ing to arbitration.".

Assignnwnt.	4. Section twenty-eig'ht of the Principal Ordinance is ..amended
rnortgago,	&c' l
of lease where	by omitting the word" Minister" (first and fifth occurring) and
building
required to be	inserting in its stead the words" proper authority".
erected on
land.	5. Section thirty-one of the Principal 01'dinance is amended by
Fences.	omitting from sub-section (5.) the word" Minister?' and inserting
in its stead the words" proper authority". .
. 6. Section thirty-two of the Principal Ordinance is amenlied by omitting from sub-section (2.) the word" l\finister (first occurring)
P<uty wnlls.
and inserting in its stead the words" proper authority". 7 .. After section thirty-seven of the Principal Ordinance the following section is inserted:-
1'lo.D5, &c.,	" 37 A. Where, prior to the commencement of this section, the and submitted to, and approved by, the proper authority appointed under thc Canberra Building Regulati~ns made under the Building and Services 01'dinance 1924, or under that Ordinance as amended from time to time, the lessee shall be deemed to have fulfilled so much of the covenant in his lease as relates to the erection of a build- ing in accordance with plans and specifications prepared by him and previously submitted to and approved in writing by the Minister if he has erected the building in accordance with any plans and specification so submitted to, and approved by, the pl'oper authority." .
previously
approved by	plans and specification of a building have been prepared by a lessee
proper
uuthority.

. . Dated this eighth day of June, 1938.

HUNTINGFIELD

By His Excellency's Oommand, il{lmibistrator.

J.·McEWEN
Minister of State for the InterIOr.