Leases Regulations (ACT)

THE TERRITORY EOR THE SEAT

OF GOVERNMENT.

REGULATIONS U N D E R T H E LEASES ORDINANCE

1918-1927<a>.

PURSUANT to the powers conferred upon it by tbe Leases Ordinance	1918-1927, the Federal Capital Commission, appointed under
the Seat of Government (Administration)	Act 1924-1928, hereby makes

the following Regulations to come into force forthwith.

Dated this twenty-eighth day of March, 1929.

The Common Seal of the Federal Capital Commission was

hereunto affixed in the presence of—

J. H. BUTTERS, Chief Commissioner.

(L.S.)

C. S. DALEY, Secretary.

LEASES REGULATIONS 1929.

short title.	1. These Regulations may be cited as the Leases Regulations 1929.
Bepeai.	2. (1) The Leases Regulations made on the 13th day of November, 1919, and the Regulations amending those Regulations made on the 21st day of December, 1922, the 6th day of April , 1923, the 9th day of March, 1926, the 4th day of March, 1929, are repealed.'
(2) The repeal of the Regulations mentioned in the last preceding sub-regulation shall not—

(o) affect any right, privilege, obligation or liability acquired,

accrued or incurred under those Regulations;

(b) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against those Regula- tions; or

(c) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment,

and any such right shall continue as is acquired under these Regula- tions, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture, or punishment may be imposed, as if these Regulations had not been made.

Definitions. 3. In these Regulations, unless the contrary intention appears— " Land " means any land vested in the Commonwealth by virtue

iands?abl9	made of the value of lands which may be leased.
(a) The Leasee Ordinance 1918-1927 comprises the Leases Ordinance 1918 (No. 2 of 1918), as amended by the Leases Ordinance 1919 (No. 7 of 1919), by the Leases Ordinance 1923 (No. 7 of 1923), by the Leases Ordinance (No. 2) 1923 (No. 1 of 1924), by the Leases Ordinance 1925 (No. 4 of 1925), by the Leases Ordinance 1926 (No. 12 of 1926), and by the Leases Ordinance 1927 (No. 10 of
1927).

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 " m e a n s a person who is or has been a member of the Australian Naval or Mili tary Forces and who has returned from Naval or Mili tary service outside Australia.
" The Ordinance " means the Leases Ordinance 1918-1927.

" The Regula t ions" means the Leases Regulations 1929 as

amended from time to time.

Power of 4. Any land of which, in the opinion of the Commission, immediate

commission to possession is not required by the Commonwealth may be leased.

Purposes for 5. Leases may be granted for grazing, fruit-growing, horticultural, which land may agricultural, residential, or business purposes or any other purpose

approved by the Commission.

Assessment 6. The Commission may from time to time cause assessments to be

than £8,000 (exclusive of the value of buildings, fences, dams, ground , ^ ^ m s y bB 7. N o person shall hold under lease land of a greater assessed value valued land

tanks, wells and bores).

" Assessed value " for the purposes of this Regulation shall mean the assessed value as at the date of commencement of the lease.

8. Applications for leases shall be invited by notice in the Gazette, Land available

and shall be in such form as the Commission directs.	mtined in° be
Oatttte.

9. (1) Upon receipt of an application from any person for the conditions in

grant of a lease or for the consent of the Commission to the assignment ^tif&e.	oj
of a lease the Commission after making such inquiries as it deems advis- Ieases ' able upon any one or more of the following mat ters :—

(a) the ability of the applicant or proposed assignee to carry

out the conditions of the lease;

(&) other lands (whether within or outside the Terri tory) owned, leased, or managed by the applicant or proposed assignee;
(c) whether the applicant or proposed assignee resides or intends

to reside in the Terr i tory;

(d) whether the -applicant or proposed assignee is a returned

soldier; and

(e) any other matters which it thinks fit, shall determine whether the applicant or the proposed assignee as the case may be is eligible to become a lessee.

(2) A lease shall not be granted to any person unless the Com- mission previously determines that he is eligible to become a lessee.

10. The Commission may if it thinks fit, without inviting applica- Leasea to

tions for a lease, grant a lease to any person who previously owned P ^ 0 1 " who land in the Terri tory or who is or has been a lessee of land in the heitueases^ Territory.

11. The Commission may, if it thinks fit, invite applications for Leases to

leases from returned soldiers only. soidta™.*

12. (1) Notwithstanding anything contained in these Regulations, Tenders for

the Commission may, if it thinks fit, by notice in the Gazette,	invite I e a seo f l and-
applications for leases in the form of tenders.

(2) Tenders shall be in such form as the Commission directs and shall state the amount of rental offered.

(3) If in respect of the grant of a lease of a parcel of land for which applications in the form of tenders have been invited the highest amount of rental offered by any applicant whom the Commission deter- mines iB eligible to become a lessee is less than the reserve rental, the Commission may at any time thereafter, without inviting further applications, grant a lease of that parcel of land at the reserve rental.

(4) " Reserve r e n t a l " means the rental fixed by the Commission as the lowest rental at which the Commission is prepared to grant a lease of the land.

13. I f two or more applicants for a lease of the same land are, in the opinion of the Commission, equally eligible to become lessees, the Commission may determine by ballot or otherwise the applicant to whom the lease shall be granted. BaIlot for ,and

*

14. The Commission shall not be bound to grant a lease to any Commission

applicant and may before a lease is granted— grant'ieast.

(a) revoke the notice inviting applications; or

(b) invite fresh applications for leases on the same or other

conditions.

15. If an application for the grant of a lease of a parcel of land for which applications have been invited under the Regulations is not °j»y pant lease CommlBai0n

received from any person whom the Commission determines is eligible after inviting
to become a lessee, the Commission, may, without inviting further aPPUcatl008-
applications, at any time thereafter grant a lease of that parcel of

land.

16. Notwithstanding anything contained in the Regulations, the commission

pcnBe

Commission may, without inviting applications, grant a lease under the ^tn

Ordinance to any person— S G S t a T

(a) upon a weekly, fortnightly, monthly or quarterly tenancy; I ( ^ n *^ r l o d 8 .

or

(&) for a period not exceeding twelve calendar months; or

(c) for a period not exceeding twelve calendar months and

thereafter upon a weekly, fortnightly, monthly or

quarterly tenancy.

Leases of land 17. (1 ) Notwithstanding anything contained in the Regulations,

Me*eieoted.ousea t n e Commission may, without inviting applications, grant to any person,

for any period not exceeding twenty-five years, a lease under the
Ordinance of any land on which a dwelling house is erected..

(2) A lease shall he granted under this Regulation for residential purposes only.

Deposits with	18. The Commission may require any applicant for a lease to deposit as security with -his application a sum fixed by the Commission, and may determine the conditions governing the disposal of the sum deposited.
applications.
Leases not to be	19- Except with the previous consent in writing of the Commission
S&taUa .	a lessee shaU not—

sublet without , . • . . ,

s

.permission. {a) assign m s lease;
(&) sublet the leased l a n d ; or
(c) p a r t wi th the possession of the leased land,

and any assignment, sublease, agreement or arrangement in contraven-

tion of this regulation shall be void.

conditions in ®0. (1 ) Consent to the assignment of a lease shall not be given

respect to unless the Commission previously determines tha t the proposed assignee r J r

assignment of . . . , , . •. f ° °

leases.	is eligible to become a lessee.
(2) Subject to the last preceding sub-regulation the Commission may in any case .under the last preceding regulation refuse consent or may grant consent unconditionally or subject to such conditions - as the Commission determines.
Eecovery of	21. Where moneys are due and unpaid under a lease, the Commission
moneys due
under lease.	may sue for and recover from the lessee the- amount of the moneys due before a Court of competent jurisdiction.
Determination	22. The Commission may at any time, on failure by a lessee to
of leases.	fulfil all or any of the conditions of his lease or on contravention by the lessee of any provision of the Regulations, determine the lease.
B^covery of	23. I f after a lease has been determined the lessee o r ' a n y person
possession of
land after	apparent ly in occupation or possession of the land fails on demand
determination	by or on behalf of the Commission to deliver u p possession thereof,
of lease.	any Police or Stipendiary Magistrate or two or more Justices of the Peace sit t ing as a Court of Summary Jurisdiction, and having jurisdic- tion with respect to the t r ia l of offences committed within the Territory, may , on the a/pplication of the Commission or of any person acting in tha t behalf for the Commission, issue a W a r r a n t authorizing any member of the Police Force of the Commonwealth or State, within a period of not more than th i r ty days from the date of the Warran t , to enter on the land by force, and with such assistance as is necessary,
and deliver possession thereof to the Commission.

S"sumptionof 24. (1 ) The Commission, by notice in wri t ing to the.lessee, may
purposes?"''1'0 resume any portion of the land which is required for any public

purposes of the Commonwealth or the Commission :

Provided however tha t should the lease be for a te rm greater than

five years a notification of such resumption shall be published in the

Gazette. >

Compensation	(2) The Commission may pay compensation in respect of any
for land	improvements effected by the lessee on the land resumed in pursuance
resumed.	of last last preceding sub-regulation.

. . 25. (1) The Commission may, without inviting applications

Eecreation and therefor, by notice in the Gazette, grant a lease to trustees for the sports Grounds. r e s ^ e n t s of the Territory, or any part thereof, of any land for use by

the said residents as a recreation and sports ground.

(2) Any lease granted in pursuance of this Regulation shall be for a period not exceeding twenty-five years, and shall, notwithstanding anything contained in these Regulations, be upon such terms and conditions as the Commission determines.