City Area Leases Act 1975 (ACT)

No. 32 of 1975

AN ORDINANCE

To amend the City Area Leases Ordinance 1936-1974.

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Ordinance under

the Seat of Government (Administration) Act 1910-1973.

Dated this Thirtieth day of September, 1975.

JOHN R. KERR

Governor-General.

By His Excellency's Command,

GORDON M. BRYANT

Minister of State for the Capital Territory.

CITY AREA LEASES ORDINANCE 1975

1. This Ordinance may be cited as the City Area Leases Ordinance

1975.*

(2 ) The City Area Leases Ordinance 1936-1974,f as amended by this Ordinance, may be cited as the City Area Leases Ordinance 1936-1975.

2 . Section 28 of the City A rea Leases Ordinance 1936-1974 is

amended—

(a) by omitting sub-section (1) and substituting the following sub-section:—

" (1) In this section—

and 56, 1974.

(a)	'building and development covenant' means a covenant in the lease whereby the lessee is required to carry out any works on the land included in the lease or on unleased land adjacent to the land included in the lease; and
(b)	a reference to a covenant in a lease or a covenant contained in a lease includes a reference to a covenant to which a lease is subject."; and

* Notified in the Australian Government Gazette on 1 October 1975.

t Ordinance N o . 31, 1936, as amended by Nos . 38 and 40. 1936; N o . 21. 1938; N o . 14, 1947; No. 18, 1950;
N o . 8, 1951; N o . 18, 1957; N o . 21, 1959; N o . 12. 1961; N o . 18, 1963; N o . 7, 1964; N o . 19, 1966; No. 13, 1967;
Nos . 3 and 28, 1968; No. 25, 1969; N o . 45, 1970; No. 11, 1971; Nos . 3 and 58, 1973; and Nos. 13, 19, 25 ,50

(b) by omitting from sub-section (2A) the words " Where, on an application " and substituting the words " Subject to

section 28AA , where, on an application".

3. The City Area Leases Ordinance 1936-1974 is amended by inserting after section 28 the following section:—

" 28AA . (1) Subject to sub-section ( 2 ) , the Minister shall not issue a certificate under sub-section 28 (2A ) in respect of a building and development covenant to which a lease under the Unit Titles Ordinance 1970-1975 is subject unless he is satisfied in the case of every other lease in respect of the same sub-division that is subject to a similar covenant that the covenant has been complied with.

" (2) Notwithstanding sub-section ( 1 ) , the Minister may issue a certificate under sub-section 28 ( 2 A ) in respect of a building and development covenant referred to in sub-section (1) where he is satisfied that the building and development covenant has been com­ plied with and that an occupier of the unit that is held under the lease will not, as occupier, be substantially inconvenienced by works being carried out, or that are to be carried out, in compliance with a similar covenant to which the lease of the common property or another unit contained in the same sub-division under the Unit Titles Ordinance 1970-1975 is subject.".