City Area Leases Act 1951 (ACT)
AUSTRALIAN CAPITAL TERRITORY.
No. 8 of 1951.
AN ORDINANCE
To amend the City Area Leases Ordinance 1936-1950.
| BE it ordained by the Administrator of the Government of the Executive Council, in pursuance of the powers conferred by the Commonwealth of Australia, with the advice of the Federal | Heat of Government Acceptance Act 1909-1938 and the Seat of | |
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and citation.
(2.) The City Area Leases Ordinance 19:>(M95(J, as amended by this Ordinance, may be cited as the City Area Leases Ordinance 1936-1951.
• 2. After section twenty-eight of the City Area Leases Ordinance
1936-1950 the following section is inserted:—
| " 2 8 A . — (l.J | This section applies to a lease— | Restriction on transfer of |
(,</) granted before the date of commencement of Ibis seel ion
leases of land with dwelling-
and containing a covenant by the lessee restricting houses. the right of the lessee to transfer or agree 1o transfer his interest in the land or in any portion thereof, or to hold or agree to hold the same in trust, during the period of five years after the date of the lease, and a provision permitting the determination of the lease upon breach of that covenant; or
(b) granted on or after the date of commencement of tins section and containing an agreement by the parties that this section shall apply to the lease.
" (2.) Subject to this section, a lease to which this section applies or any interest in the lease is not, during the period of five years after the date of the lease, capable of being transferred oi assigned either at law or in equity.
| 3170.—PBICE 3D. |
" (3.) The last preceding sub-section does not apply—
(a) where the lessee or his predecessor in title has at anj time made an offer in writing to the Commonwealth to surrender the lease, and to obtain the consent m writing of all registered mortgagees and encuni- brancees to the surrender, in consideration of payment by the Commonwealth of compensation in accordance with the next succeeding sub-section, and the offer has not been accepted within one month after the date on which it was made; or
* Notified in the Commonwealth Gazette on 0th August, 1951. (h) so as to prevent a transfer or assignment of a lease or
of an interest therein—
(i) by operation of law or by will;
(ii) by way of mortgage; or(iii) by a mortgagee in pursuance of a power of sale
as mortgagee.
" (4.) Where a lease to which this section applies is surrendered, and the surrender is accepted by the Commonwealth, then, notwith- standing the provisions of sub-section (4.) of section nineteen A of this Ordinance, the Commonwealth is liable to pay to the lessee by way of compensation an amount determined in accordance with the next succeeding sub-section to be the replacement value, as at the date on which the offer to surrender the lease was made, of the improvements on the land, less an amount representing any depreciation or obsolescence of tlio.se improvements.
" (5.) The amount so payable to the lessee shall be determined by agreement between the Minister and the lessee, or, in default of agreement, by arbitration under the laws in force in the Territory relating to arbitration.
" (6.) A eertiticate signed by the Minister and certifying that the lessee under a lease specified in the certificate has duly made an offer in accordance with paragrapli (a) of sub-section (3.) of this section but that the offer has not boen accepted within one month after the date on which it was made is conclusive evidence that the transfer or assignment of the lease is no longer prevented or restricted by this section." (7.) A lease to which this section applies which was granted before the date of commencement of this section shall, on and after that date, operate as if the covenant, and the provision for deter- mination of the lease, referred to in paragraph (a) of sub-section (1.) of this section were not included in the lease.''.
Dated this eighth day of August, 1951.
J. NORTHCOTT
Administrator.
By His Excellency's Command.
W. S. KENT HUGHES
Minister of State for the Interior.
By Authori ty: L. F. JOHNSTON, Commonwealth Government Printer, Canberra.
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