Leases Regulations 1919 (ACT)
THE TERRITORY FOR THE SEAT OF
GOVERNMENT.
REGULATIONS UNDER THE LEASES ORDINANCE 1918-1919.
Y virtue of the provisions of the Leases Ordinance 1918-1919, I, Patrick
| B | make the following Regulations. |
| ._J McMahon Glynn, Minister of State for Home and Territories, hereby |
Dated this 13th day of November, 1919. 1 P. McM. GLYNN, Minister of State for Home and Territories.
1. These Regulations may be cited as the Leases Regulations 1919. short title. 2 In these Regulations, unless the contrary intention appears— Definitions. " Land " means any land vested in the Commonwealth by virtue of the Seat of Government Acceptance Act or acquired by the Commonwealth under the Lands Acquisition Act 1906-1916 and includes all improvements thereon.
" Returned soldier " means a person who is or has been a member of the Australian Naval or Military "Forces and who has returned from Naval or Military service outside Australia.
" The Minister " includes any person authorized by the Minister to
grant leases under the Ordinance.
" The Ordinance " means the Leases Ordinance 1918-1919.
3 Any land of which, in the opinion of the Minister, immediate possession Land which
| is not required bv the Commonwealth may be leased. | may be leased. |
| Notification |
4. Lands available for leasing shall be notified in the Gazette. ?vStaWe for 5 Leases may be granted for grazing, fruit-growing, horticultural, agn- £ * * ^
cultural residential, or business purposes or any other purpose approved by which leasea « '
' may be eranted.
the Minister.
6 Subject to these Regulations the annual rental payable under a lease Hent.
shall' be a sum which is equal to five per centum per annum on the assessed value of the land, including improvements to the property of the Common- wealth, plus the amount of the rates payable per annum in respect of the land.
7 The Minister mav from time to time cause assessments to be made Power to make
I. j . u c xi-iiuiou J , . , assessments.
of the value of lands which may be leased.
8. No person shall hold under lease land of a greater assessed value than Limitation of
| Six thousand pounds (exclusive of the value of buildings and fences). | Mdi»g- |
| amount' of rental offered. |
9. Applications for leases shall be invited by notice in the Gazette, and shall £Pp1|£**BIons
be in'such form as the Minister directs.
10 Upon receipt of any application for a lease, the Minister, after making Eligibility of
| such inquiries as he deems advisable, shall determine whether the applicant | ^v^uts. |
| is eligible to become a lessee, having regard to (inter aha)— |
(a) the ability of the applicant to carry out the conditions of the
(b) other lands owned, leased, or managed by the applicant ; ^ r WW (c) whether the applicant resides or intends to reside in the Territory ;
(d) whether the applicant is a returned soldier.
11 The Minister may, if he thinks fit, without inviting applications for Preference to leases'grant leases to persons who previously owned land, or to persons who g S S ? U are or have been lessees of land and have carried out the conditions of their lessees,
leases to the satisfaction of the Minister, provided that such persons are
eligible to become lessees under the last preceding regulation.
12. The Minister may, if he thinks fit, invite applications for leases from Applications
returned soldiers only.
invited from
13 (1) Notwithstanding anything contained in these Regulations, the soidta only.
Minister may, if he thinks fit, by notice in the Gazette, invite applications *£™*v for leases in the form of tenders.
(2) Tenders shall be in such form as the Minister directs and shall state the
8 u c h r e n t a l a s h e
reasonable. deems
(4) In this regulation, "upset ren ta l " m p a l l , c„ v, ,
equal to five per centum per annum on the assessed v a b . TT? T ^ °f- *
improvements, after making allowance foimprovemP^ ? ^ ' f ^ P S +
Y * •*
lessee under the lease, plus"the amount S S l w
respect of the land. eS P a y a b l e Per annum m
Determinat ion
| of | mat te r |
| where persons equally eligible. | b , balfot or o t h e t W t n e a p p t . e a n t to w h o S i e t e s t u | b | e | ' | ^ | i |
| Minister not | 15. The. Minister shall not-be bound to tyrant « 1 | i | i- |
| bound to grant | g | t o | a P P ^ a n t , |
| lease. | and may before a lease is g r a n t e d - | *' & l e a s e | ™? |
(a) revoke the notice inviting applications • or
{b) a p p l i C a t i ° n S f ° r l e a s e s
^ t i o n f 1 o ^ ' t i e same or other con-
Deposit .
16. The Minister may require any armliraiV, f™ „ I i d / P 0 8 l t . a B security with his application a sum fixed by the Minister T
the conditions governing the disposal of the sum d e ^ £ d ™ 7 ^ ^
Assignment,
| <fcc. of lease. | W l t h t t 6 | F e V i 0 U a | C ° n S e n t iU W r i t l n S o f |
s h a l V J f - ^ « » l i s t e r a lessee (a) assign his lease ;
(6) sublet the leased land : or * (c) part with the possession of the leased l , y , „ J x
-,,-LI «5oaeu iana, ana anv assignment
| moneys due. | :SSonxsr:0-rrr™ge™M | •» — « » « » ° < « ; |
Recovery of
moneys due before , Court of competent jurhdSfon
Recovery of
| possession | hsS?e |
of these Regulations, determine the lease ^ ° f " * P I O V 1 S l o n
after
terminat ion
| of lease. | 20. If after a lease has been determined the IPWPP ^ |
in occupation or possession of the land fails on demand h i I T ? ?T?S7 Minister to deliver up possession thereof, any P o £ 0 A f f T ^ M lf-°J ^
or two or more Justices of the Peace sitting as a Court of ! t l P e i l d l a i ? Magistrateand having jurisdiction with respect to h trial cfoffL ^ ^ t ' - T '
the Territory, may, on the application of the M ni ter nt 1 C ° m m i t t e d W1 h m '
in that behalf for the Minister, issue a Warrant authn " ^ P e r S O n f ^ f g • " / f™^
the Police Force of the Commonwealth or State S r . ° f & VTf
than thirty days from the date of the Warrant to e r t ° f ^ ^ f ° r C e '
and with such assistance as is necessary and deliver ° Q ^ ^ *J
y' U e r Possession thereof to the
Minister. '
Lund may be
reaunied.
I l l 21. (1) The Commonwealth may resume anv portion n-f fi, 1 i • i i \
. e a se . M e n fc r e n t e d fo, a . y pnbue p u ^ i S S l E £ £ £ £ £ " *
preceding sub-regulation. resumed m pursuance 0f the last
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