City Area Leases Regulations (ACT)

THE TERRITORY FOR THE SEAT OF

GOVERNMENT.

Regulations under the City Area Leases Ordinance 1924.

I ' GEORGE FOSTER PEARCE, the Minister of State for Home , and Territories, pursuant to the powers conferred upon me by	the City Area Leases Ordinance 1924, hereby make the following
Regulations to come into operation forthwith.

Dated this 16th day of October, 1924.

G. F. PEARCE,

Minister of State for Home and Territories.

CITY AREA LEASES REGULATIONS.

short title. i _ These Regulations may be cited as the City Area Leases Regu-

lations.

Definitions.	2. In these Regulations, unless a contfary intention appears—
" lease " means a lease granted under the Ordinance ; " the Ordinance " means the City Area Leases Ordinance 1924.
Form of lease.	3.—(1.) Subject to this regulation, a lease shall be in the form in the Schedule to these Regulations or in a form to the like effect.
(2.) Where in the opinion of the Minister a suitable building is • erected on the land, the covenant numbered 1 (c) in the Schedule to these Regulations may be omitted from the lease.
(3.) The Minister may cause to be included in any lease such additional covenants and conditions as he thinks necessary or advisable.
Power of entry
on leased land1*.	4. The Minister may, at all reasonable times and in any reasonable manner, enter upon any land leased under the Ordinance and inspect the land and any improvements thereon.
.Reservation
of minerals.	5. Every lease shall reserve unto the Commonwealth all minerals and that reservation shall be read as a reservation to the Commonwealth of all minerals and mineral substances in or on the leased land, including gold, silver, copper, tin, metals, ores and substances containing metals, gems, precious stones, coal, limestone, shale, mineral oils, valuable earths and substances, stone, clay, gravel and sand.
Eight to
construct and	6. The Minister may, without payment of compensation, enter upon any land leased under the Ordinance and may thereon or therein construct and maintain sewers, drains, and connexions therewith, and electric power and gas mains and sub-mains and connexions therewith, and other like services, and may make such excavations and construct such works as are necessary or convenient for those purposes.
maintain
sewers, etc.
Kecovery of
moneys due	7. Where moneys are due and unpaid under a lease the Minister suing in his official name may sue for and recover from the lessee the amount of the moneys due before a Court of competent jurisdiction.
under lease.
possession of
determination	apparently in occupation or possession of the land fails on demand
of lease.	by or on behalf of the Minister to deliver up possession thereof, any Police or Stipendiary Magistrate or two or more Justices of the Peace sitting as a Court of Summary Jurisdiction and having jurisdiction with respect to the trial of offences committed within the Territory, may, on the application of the Minister or of any person acting in that behalf for the Minister, issue a warrant authorizing any member of the Police Force of the Commonwealth or State, within a period of not more than thirty days from the date of the warrant, to enter on the land by force, and with such assistance as is necessary and deliver
possession thereof to the Minister,
.Recovery of	8. If, after a lease has been determined, the lessee or any person
land after

THE SCHEDULE.

The Commonwealth of Australia.

THE TERRITORY FOR THE SEAT OF GOVERNMENT.

The Cilrj Area Leases Ordinance 1924.

LEASE granted pursuant to the City Area Leases Ordinance 1924 and the City Area Leases Regulations 1924 thereunder on the day of

''•" One thousand nine hundred and

WHEREBY the Commonwealth of Australia (hereinafter called the " Commonwealth ")
grants to
of _ (hereinafter called " the lessee")
ALL THAT piece or parcel of land the property of the Commonwealth situate in the

City Area in the Territory for the Seat of Government containing an area of

or thereabouts and being

and being the land shown by pink colour on the plan endorsed hereon RESERVING unto the Commonwealth all minerals To HOLD unto the lessee for the term of

years commencing on the day of

One thousand nine hundred and	to be used by the
* Here set. cut pur- lessee for*

poses. If business

only or residential

and business. set

out class of business

allowed. *

only YIELDING AND I'AYING THEREI'OR during the first twenty (20) years of the said term rent at the rate of per annum and after the expiration of the said first twenty years dupjffo the remainder of the said term rent at the Tate of Five pounds per centum per 'annum of the unimproved value of the land as determined from time to time upon re-appraisement of the said value under any Statute Ordinance or Regulation.

1. THE lessee covenants with the Commonwealth as follows :—
(«) That the lessee will in respect of the first year of the said term pay to the

Minister or to such person as may be authorized by the. Minister for that purpose the rent hereby reserved in advance without any deduction whatsoever^ and that the lessee will during the remainder of the said term pay the rent hereby reserved quarterly in advance to the Minister or to such person as may from time to time be authorized by the Minister for that purpose without any deduction whatsoever—the first quarterly payment to be made at the expiration of one year from the date of the commencement of the said term ;

(b) That the lesse.e will pay to the Minister or to such person as may be authorized as aforesaid as additional rent a sum at the rate of Ten pounds per centum (10%) per annum accruing from day to day on any amount of rent payable under thi3 lease which may remain unpaid for one calendar month after the day appointed for payment thereof computed from the expiration of the said calendar month to the date upon which such payment is made—such additional rent to be added to and paid with the said amount

of rent ;

(c) That the lessee will within two years from the commencement of the said term or within such further time as may be approved in writing by the Minister for that purpose commence to erect one building (only with necessary and usual outbuildings and fences) on the said land at a cost not less than the sum of pounds and in accordance with plans and specifications prepared by the lessee and previously submitted to and approved in writing by the Minister and that the lessee will complete the erection of. the said building at a cost not less than the said sum and in accordance with the said plans and specifications and in accordance with any Statute Ordinance or Regulation within threo years from the commencement of the said term or within such further time as may be approved in writing by the Minister ;

('/) That the lessee will at all times during the Baid term maintain repair and keep in repair all buildings and erections on the said land all to the satisfaction of the Minister;

(e) That the lessee will not without the previous approval in writing of the

Minister erect any building on the said Jand or make any structural

alterations in any building erected on the said land ;

(/) To use the land for

(Here set out % pur-

poses. If business

only or residential and business, set out class of business allowed.)

only.

(g) If and whenever the lessee fails to repair or keep in repair any building or erection on the said land the Minister may by notice in writing to the lessee specifying the wants of repairs require the lessee to effect repairs in accordance with the said notice or to remove the building or erection and if after the expiration of one calendar month from the date of the said notice or such longer time as the Minister may in writing allow, the lessee has not effected the said repairs or removed the building or erection the Minister or any person or persons duly authorized by the Minister in that behalf with or without carts or other vehicles horses or other animals may enter upon the said land and effect the said repairs or (if the Minister is of opinion the building or erection is beyond reasonable repair) may demolish and remove the building or erection and all expenses incurred by the Minister in effecting such repairs or in demolishing and removing the building or erection shall be paid by the lessee to the Minister on demand and from the date of such demand until paid shall for all purposes of this lease be deemed to be rent payable under this lease and unpaid by the lessee ;

(h) To permit any person or persons authorized by the Minister in that behalf to enter upon the said land at all reasonable times and in any reasonable manner and inspect the land and any buildings erections and improvements thereon ;

2. THE Commonwealth covenants with the lessee—
(a) That the leasee may at any time upon payment of all rent and other moneys

due to the Commonwealth under this lease surrender this lease to the Commonwealth but the lessee shall not be entitled to receive any compensa- tion from the Commonwealth in respect of such surrender or in respect of any buildings erections or improvements upon the said land ;

(6) That the unimproved value of the land shall be re-appraised for the purpose of determining the rent payable under this lease only in the twentieth year of the term of this lease and in every tenth year thereafter ;

3. I T IS MUTUALLY COVENATED AND AGREED as follows :—

(a) That if—

(i) any rent payable under this lease shall remain unpaid for twelve
calendar months next after the date appointed for payment thereof
(whether such rent shall have been formally demanded or not) ; or
(ii) a building in accordance with sub-clause (c) of clause 1 of this lease is

not commenced and completed within the periods specified in the

said sub-clause ; or

(iii) after completion of a building as aforesaid the land is at any time not

Orait the word used for a period of two years for the main purpose for which this

'• main " where lease lease is granted the Commonwealth may determine this lease but purposes only e" '" without prejudice to any claim which the Commonwealth may have

., against the lessee in respect of any breach of the covenants on the
part of the lessee to be observed or performed ;

(6) That acceptance of rent by the Commonwealth during or after any period referred to in paragraph (ii) or (iii) qjsub-clause (a) of this clause shall hot prevent or impede the exercise b3#Ehe Commonwealth of the powers conferred upon it by sub-clause (a) of this clause.

(c) If at the expiration of this lease the Minister shall have decided not to subdivide the said land and that it is not required for any Commowealth purpose and shall have declared the land to be available for lease the lessee shall be entitled to a further lease of the said land for such further term and at such rent and subject to such conditions (including re-appraisement of rent) as may- then be provided or permitted by Statute Ordinance or Regulation. If the Minister shall have decided to re-subdivide the said land the lessee shall be entitled to a lease under the Statutes Ordinances and Regulations then in force of any one block which forms part of the said land and which the Minister shall have declared to be available for lease ;

[d) That in this lease the expression " Minister " shall mean the Minister of State for Home and Territories of the Commonwealth or his suecessorin office the Minister of State for the Commonwealth for the time being administering the City Area-Leases Ordinances or the member of the Executive Council of the Commonwealth for the time being performing the duties of such Minister and shall include the authority or person for the time being authorized by the Minister or by law to exercise the powers and functions of the Minister under the City Area Leases Ordinances ;

(«) That any notice requirement demand consent or other communication to be given to or served upon the lessee-by the Commonwealth or the Minister under this lease shall be deemed to have been duly given or served if signed by or on behalf of the Minister and delivered to or sent in a prepaid letter addressed to the lessee at the said land or at the usual or last named address of the lessee, or affixed in a conspicuous position on the said land ;

(/) That if the lessee shall consist of one person the word "lessee " shall where the context so admits or requires be deemed to include the lessee and the executors administrators and assigns of the lessee ;

(g) That if the lessee shall consist of two or more persons the word " lessee " shall where the context so admits or requires be deemed to include the said persons and each of them and their and each of their executors administrators and assigns ;

(h) That if the lessee shall be a corporation the word " lessee " shalljvhere the context so admits or requires be deemed to include such corporation and its
successors and assigns.

I N WITNESS whereof this Lease has been executed in the name of the Commonwealth

of Australia by
a, person thereto authorized by and under the City Area Leases Ordinance 1924 and by
the lessee.

SIGNED SEALED AND DELIVERED

by the said authorized

person in the presence of—•

SIGNED SEALED AND DELIVERED

by the lessee in the presence
of—