Land (Planning and Environment) Amendment Act 2004 (ACT)

Land (Planning and Environment) Amendment Act 2004

A2004-64

Contents

Page

1. Name of Act  2

2. Commencement  2

3. Legislation amended  2

4. Section 178  2

5. Transfer of land subject to building and development provision

   
   

   Section 180 (1) (d) (ii)  3

6. Transfer of land subject to building and development provision

   
   

   Section 180 (2)  3

7. Section 180 (3)  4

8. Section 180  4

9. Land (Planning and Environment) Regulations 1992, new regulation 14A   5

Land (Planning and Environment) Amendment Act 2004

A2004-64

An Act to amend the Land (Planning and Environment) Act 1991, and for other purposes

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 2004.

2. Commencement

   This Act commences on a day fixed by the Minister by written notice.

   Note 1The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

   Note 2A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

   Note 3If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

3. Legislation amended

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

4. Section 178

   substitute

5. Refund on lease surrender or termination

   (1)This section applies if a lease of Territory land is surrendered or terminated under this Act.

   (2)On application by the person surrendering the lease or the person whose lease has been terminated, the planning and land authority may authorise payment of the amount prescribed under the regulations to the person.

   NoteA fee may be determined under s 287 for this provision.

   (3)The planning and land authority must not authorise the payment of an amount under this section otherwise than in accordance with criteria under subsection (4) for the authorisation of payments.

   (4)The Minister may, in writing, determine criteria for the authorisation of payments under this section.

   Note The power to make a statutory instrument (including the statement of criteria) includes power to amend or repeal the instrument (see Legislation Act, s 46).

   (5)A determination is a disallowable instrument.

   Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

6. Transfer of land subject to building and development provision
   Section 180 (1) (d) (ii)

   substitute

   (ii)the consent of the planning and land authority under subsection (2) or (2A).

7. Transfer of land subject to building and development provision
   Section 180 (2)

   substitute

   (2)The planning and land authority may, in writing, consent to a legal or equitable assignment or transfer of a lease, or an interest in a lease, mentioned in subsection (1) if—

   (a)the authority—

   (i)is satisfied that the proposed assignee or transferee intends to comply with the building and development provision; and

   (ii)has been given the security (if any) required by the authority for compliance with the provision by the proposed assignee or transferee; and

   (b)either—

   (i)the authority is satisfied that the lessee cannot, for personal or financial reasons, comply with the building and development provision; or

   (ii)the proposed transferee or assignee (the homebuyer) has a contract with the person (the builder) proposing to transfer or assign the lease and, under the contract, the builder is required to build a home on the leased land for the homebuyer.

   NoteA fee may be determined under s 287 for this provision.

   (2A)The planning and land authority may also, in writing, consent to a transfer of a lease, or an interest in a lease, mentioned in subsection (1) if the proposed transfer is the first sale of an individual lease of undeveloped land by the person who provided the infrastructure on, and subdivided, the holding lease of which the individual lease is a subdivision.

   NoteA fee may be determined under s 287 for this provision.

8. Section 180 (3)

   substitute

   (3)In deciding under subsection (2) or (2A) whether to consent to an assignment or transfer of a lease, the planning and land authority must take into consideration any matters determined by the Minister, in writing, for the subsection.

9. Section 180

   renumber subsections when Act next republished under Legislation Act

10. Land (Planning and Environment) Regulations 1992, new regulation 14A

    in division 3.1, insert

14AAmount of refund for surrender or termination—Act, s 178 (1)

(1)The amount prescribed for a lessee is the lesser of the following amounts:

(a)the amount paid for the grant or transfer of the lease to the lessee;

(b)the market value of the lease.

(2)However, the amount prescribed for a lessee is the price paid for the grant if—

(a)the lessee is the lessee originally granted the lease; and

(b)the lease was granted before this regulation commences.

(3)Subregulation (2) and this subregulation expire 7 years after the day this regulation commences.

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 1 July 2004.

2. Notification

   Notified under the Legislation Act on 25 August 2004.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Land (Planning and Environment) Amendment Bill 2004, which originated in the Legislative Assembly as the Land (Planning and Environment) Amendment Bill 2004 (No. 2) and was passed by the Assembly on 24 August 2004.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2004