Land (Planning and Environment) (Amendment) Act 1993 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Land (Planning and Environment) (Amendment) Act 1993

No. 11 of 1993

An Act to amend the Land (Planning and Environment) Act 1991

[Notified in ACT Gazette S23:  1 March 1993]

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Short title

1.  This Act may be cited as the Land (Planning and Environment) (Amendment) Act 1993.

Commencement

2.  This Act commences on the day on which it is notified in the Gazette.

Principal Act

3.  In this Act, “Principal Act” means the Land (Planning and Environment) Act 1991.1

Granting of leases

4.  Section 161 of the Principal Act is amended by omitting subsections (7), (8) and (9).

Leases to community organisations

5.  Section 163 of the Principal Act is amended by omitting subsections (6) and (7).

Special leases

6.  Section 164 of the Principal Act is amended by omitting subsections (5) and (6).

Authority to consider proposed leases

7.  Section 165 of the Principal Act is amended by omitting subsection (11).

Grant of leases

8.  Section 209 of the Principal Act is amended by omitting subsections (3) and (4).

Insertion

9.  After section 216 of the Principal Act, the following section is inserted:

Notification of certain leases to the Legislative Assembly

“216A.  (1)  If the Executive grants a lease under paragraph 161 (1) (d), or section 163, 164 or 209, during a quarter, the Minister shall cause to be laid before the Legislative Assembly within 5 sitting days after the expiration of that quarter a statement that sets out, in respect of each lease granted under any of those provisions during that quarter—

(a)the name of the person to whom the lease was granted;

(b)a description of the land comprised in the lease that is in accordance with section 8 of the Districts Act 1966;

(c)the amount (if any) paid for the grant of the lease; and

(d)the provision of the Act under which the lease was granted.

“(2)  If the Executive grants an unrecommended lease during a quarter, the Minister shall cause to be laid before the Legislative Assembly within 5 sitting days after the expiration of that quarter a statement that sets out, in respect of each unrecommended lease granted during the quarter—

(a)the name of the person to whom the lease was granted;

(b)a description of the land comprised in the lease that is in accordance with section 8 of the Districts Act 1966;

(c)the amount (if any) paid for the grant of the lease; and

(d)the provision of the Act under which the lease was granted.

“(3)  The validity of a lease referred to in subsection (1) or (2) is not affected by a failure to comply with that subsection.

“(4)  In this section—

‘quarter’ means a period of 3 months commencing on 1 January, 1 April, 1 July or 1 October in any year;

‘unrecommended lease’ means a lease in respect of which the Executive has been advised under subsection 165 (3) that the Authority considers that the lease could not appropriately be granted.”.

NOTE

1. Act No. 100, 1991 as amended by No. 32, 1992.

[Presentation speech made in Assembly on 15 December 1992]

©  Australian Capital Territory 1993