Planning and Development (Concessional Leases) Amendment Regulation 2009 (No 1) (ACT)

Planning and Development (Concessional Leases) Amendment Regulation 2009 (No 1)

Subordinate Law SL2009-41

The Australian Capital Territory Executive makes the following regulation under the Planning and Development Act 2007.

Dated 4 August 2009.

Andrew Barr

Minister

John Hargreaves

Minister

Planning and Development (Concessional Leases) Amendment Regulation 2009 (No 1)

Subordinate Law SL2009-41

made under the

Planning and Development Act 2007

1. Name of regulation

   This regulation is the Planning and Development (Concessional Leases) Amendment Regulation 2009 (No 1).

2. Commencement

   This regulation commences on the day after its notification day.

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

3. Legislation amended

   This regulation amends the Planning and Development Regulation 2008.

4. New section 240 (f) to (k)

   after the note, insert

   (f)a lease that expressly states that the lease is not a concessional lease;

   Example

   A lease that includes a statement under the Act, s 238 (2) (a) that the lease is not a concessional lease.

   (g)a lease granted to a territory entity;

   (h)a lease granted to an entity other than a territory entity if—

   (i)the lease expressly states that the lease commenced, or is taken to have commenced, on a day (the lease commencement day) earlier than the day the lease was granted; and

   (ii)the land comprised in the lease was occupied by a territory entity on the lease commencement day;

   (i)a lease granted to a Commonwealth entity;

   (j)a lease granted to an entity other than a Commonwealth entity if—

   (i)the lease expressly states that the lease commenced, or is taken to have commenced, on a day (the lease commencement day) earlier than the day the lease was granted; and

   (ii)the land comprised in the lease was occupied by a Commonwealth entity on the lease commencement day;

   (k)a lease granted under the City Area Leases Act 1936 if, on 1 July 2009—

   (i)the lessee of the lease is the holder of a club licence under the Liquor Act 1975; and

   (ii)at least 75% of the area of the land comprising the lease is located in—

   (A)a commercial zone under the territory plan; or

   (B)a designated area under the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth); and

   Example

   30% of land comprised in a lease is located in a commercial zone and 50% of land is located in a designated area.

   (iii)there is no restriction on dealing with the lease expressed in the lease; and

   (iv)the lease authorises the land comprised in the lease to be used for both—

   (A)a licensed club under the Liquor Act 1975; and

   (B)a commercial purpose unrelated to the club.

   Examples—commercial purpose

   1a shop under the territory plan

   2a non-retail commercial use under the territory plan

   3a commercial accommodation use under the territory plan

5. New section 240 (2)

   insert

   (2)In this section:

   Commonwealth entity means—

   (a)the Commonwealth; or

   (b)a Commonwealth authority under the Commonwealth Authorities and Companies Act 1997 (Cwlth); or

   (c)a Commonwealth company under the Commonwealth Authorities and Companies Act 1997 (Cwlth).

   territory entity means—

   (a)a territory authority; or

   (b)a territory instrumentality.

6. Section 240 (as amended)

   renumber as section 99

7. Chapter 6

   relocate before part 5.1 as part 5.1A

8. Dictionary, note 2

   insert

   ·     territory instrumentality

Endnotes

1. Notification

   Notified under the Legislation Act on 5 August 2009.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2009