Land (Planning and Environment) Amendment Act 2001 (No 2) (ACT)

Land (Planning and Environment) Amendment Act 2001 (No 2)

No. 32 of 2001

Contents

Page

1. Name of Act  2

2. Commencement  2

3. Act amended  2

4. Grant of further rural leases Section 171A (2A) to (2D)                  2

5. Section 171A (3)  3

6. Section 171A  3

7. Dealings with rural leases Section 186D (1)  3

8. Section 186D  4

Land (Planning and Environment) Amendment Act 2001 (No 2)

No. 32 of 2001

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

[Notified in ACT Gazette S33: 21 June 2001]

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

1. Name of Act

   This Act is the Land (Planning and Environment) Amendment Act 2001 (No 2).

2. Commencement

   This Act is taken to have commenced on 15 June 2001.

3. Act amended

   This Act amends the Land (Planning and Environment) Act 1991.

4. Grant of further rural leases
   Section 171A (2A) to (2D)

   substitute

(2A)    A determination under subsection (2) may—

(a)include a condition that a lessee pays, for the grant of a further lease—

(i)an amount stated in, or worked out in accordance with, the determination (an amount condition); or

(ii)the market value of the lease; and

(b)provide that an amount condition ceases to apply to a lessee if the lessee—

(i)has not applied for the grant of a further rural lease under subsection (1) within the period stated in the determination for applying for such a grant; and

(ii)has not accepted in writing an offer for the grant of such a lease within the period stated in the determination for accepting such an offer.

(2B)    A provision mentioned in subsection (2A) (b) may apply to an amount condition of a determination made before or after the commencement of that subsection.

(2C)    If the National Capital Authority of the Commonwealth has set a maximum term for a rural lease of land in a designated area within the meaning of the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth), a determination under subsection (2) relating to the land must set a term not longer than the term set by the Authority as the maximum term for a further rural lease of the land.

1. Section 171A (3)

   omit

   paragraph (1) (c)

   substitute

   subsection (1) (ca)

2. Section 171A

   renumber subsections when Act next republished under the Legislation Act 2001.

3. Dealings with rural leases
   Section 186D (1)

   substitute

4. This section applies to—

   (a)a rural lease granted under section 161 (Granting of leases) after 15 December 1999 for consideration less than the market value of the lease; and

   (b)a lease granted under section 171A (Grant of further rural leases) after 15 December 1999 on the payment of an amount worked out on the application of an amount condition mentioned in section 171A (2A) (a).

(1A)    However, this section does not apply to a lease mentioned in subsection (1) (b) that was granted on the surrender of a lease for which a discharge amount had been paid.

1. Section 186D

   renumber subsections when Act next republished under the Legislation Act 2001.

Endnote

Act amended

1. Republished as in force on 30 May 2000 (Republication No 5). See also Acts 2000 Nos 37, 49 and 80; 2001 Nos 1, 17 and 20.

[Presentation speech made in Assembly on 13 June 2001]

©  Australian Capital Territory 2001