Planning and Development (University of Canberra and Other Leases) Legislation Amendment Act 2015 (ACT)
Planning and Development (University of Canberra and Other Leases) Legislation Amendment Act 2015
A2015-19
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Legislation amended 2
Part 2Building Act 2004
4 Dictionary, new definition of land sublease 4
5 Dictionary, definition of owner, new paragraph (h) 4
6 Dictionary, new definition of parcel 4
Part 3Building (General) Regulation 2008
7 General requirements for plans—Act, s 27 (1) (a)Section 16 (2) (g) 5
8 Dictionary, note 3 5
Part 4Common Boundaries Act 1981
9 When land is a parcel of landNew section 2A (aa) 6
10 Dictionary, new definition of land sublease 6
11 Dictionary, definition of parcel of land 6
Part 5Community Title Act 2001
12 Community title scheme proposal—application for approvalNew section 8 (2) (c) 7
13 Amendment by the Supreme CourtSection 27 (1), definition of interested person, new paragraph (ca) 7
14 InjunctionSection 28 (2), definition of interested person, new paragraph (ba) 7
15 Dictionary, new definitions 7
16 Dictionary, definition of lot 8
Part 6Duties Act 1999
17 Imposition of duty on certain transactions concerning dutiable propertyNew section 7 (1) (b) (iiia) 9
18 Section 7 (3), definition of grant 9
19 Imposition of duty on dutiable transactions that are not transfersTable 8, item 3, columns 2 and 5 9
20 Table 8, item 3, column 4 10
21 Dutiable propertyNew section 10 (1) (ba) 10
22 Section 10 (1) (g) 10
23 What is the consideration for the transfer of dutiable property?Section 21 (3) 10
24 Refund if Crown lease surrenderedNew section 52 (6) 11
25 Surrender and regrant of Crown leaseNew section 68 (4) 11
26 Regrant of lease with additional landNew section 68A (2) 11
27 Dictionary, definition of Crown lease and note 11
28 Dictionary, new definition of declared land sublease 12
Part 7Environment Protection Act 1997
29 Duty to notify existence of contaminated landSection 23A (1) 13
30 Section 23A (2) 13
31 New section 23A (3) 13
32 ApplicationSection 47 (3) 14
33 Section 47 (3) (a) 14
34 Order to remediate landSection 91D (3) (a) 14
35 Section 91D (8) 15
36 Notification of certain people about orders for assessment or remediationSection 91E (1) 15
37 New section 91E (3) 15
38 Choice of appropriate personSection 91I (1) (b) 16
39 Section 91I (4), definition of notional lessee 16
40 Section 91I (4), definition of notional lessee, paragraph (c) (ii) 17
41 Section 91I (4), definition of notional lessee, paragraph (c) (ii) 17
42 Liability for lossesNew section 91O (5) 17
43 Environment protection ordersSection 125 (2) and (3) 18
44 New section 125 (7) 18
45 Schedule 1, table 1.2, item 7, column 2 18
46 Dictionary, new definition of land sublease 18
Part 8Environment Protection Regulation 2005
47 Dictionary, note 3 19
48 Dictionary, definition of owner 19
49 Dictionary, new definition of parcel 19
Part 9First Home Owner Grant Act 2000
50 Ownership of land and homesNew section 5 (2) (aa) 20
51 New section 5 (6) 20
Part 10Land Tax Act 2004
52 Dictionary, new definition of land sublease 21
53 Dictionary, definition of owner, new paragraph (e) 21
Part 11Land Titles Act 1925
54 Section 72D 22
55 Surrender of leaseSection 86 (4) (b) 22
56 Lessee may sublet Section 88 (1), new note 23
57 New sections 88A to 88J 23
58 Covenants of lesseesNew section 119 (2) 31
59 Powers in lessorNew section 120 (1A) 31
60 Dictionary, note 2 32
61 Dictionary, new definitions 32
62 Dictionary, definition of instrument 32
63 Dictionary, new definitions 32
Part 12Land Titles (Unit Titles) Act 1970
64 Duties of registrar-general after units plan registrationNew section 10 (1) (f) 33
65 Effect of cancellation of units planSection 17 (1) and (2) 33
66 Section 17 (3) 33
67 New section 17 (4) 34
68 Duties of registrar-general on registration of orderSection 18 (1) (d) 34
69 New section 18 (5) 34
70 Registration of instruments granting further leasesSection 29 (1) 35
71 Dictionary, note 3 35
Part 13Leases (Commercial and Retail) Act 2001
72 What leases does this Act apply to?New section 12 (6) (ba) 36
73 Section 12 (7), new definition of land sublease 36
Part 14Legislation Act 2001
74 Dictionary, part 1, definition of territory lease, paragraph (b) 37
Part 15Planning and Development Act 2007
75 Meaning of developmentSection 7 (2), definition of subdivision, paragraph (b) 38
76 Form of development applications New section 139 (2) (ba) 38
77 Amending development applicationsSection 144 (2) 38
78 Conditional approvalsNew section 165 (2) (e) 39
79 End of development approvals for use under lease without lease variation, licence or permitSection 186 (1) (a) 39
80 New section 186 (2) (f) 39
81 New section 186 (5) (d) 40
82 Section 186 (7), new definition of declared unit title lease 40
83 Applications to amend development approvalsNew section 197 (3) (c) 40
84 Section 197 (4) 40
85 Development applications for developments undertaken without approvalSection 205 (3) 41
86 Definitions—ch 9Section 234, definition of subdivision, paragraph (b) 41
87 Section 234, definition of sublessee 41
88 Access to leased land from roads and road related areasSection 248 (2) 41
89 Grant of further leasesSection 254 (1) (a), new note 41
90 New section 254 (1A) 42
91 Consent to s 265 dealingsSection 266 (2) 42
92 Section 308 42
93 Access to lease documents and development agreementsNew section 311 (2) (d) 45
94 New part 9.13 45
95 Definitions—ch 13Section 407, definition of eligible entity 47
96 Reviewable decisions, eligible entities and interested entitiesSchedule 1, new item 40A 48
97 Dictionary, new definitions 49
98 Dictionary, definition of sublessee 49
Part 16Planning and Development Regulation 2008
99 Details to be included in exemption assessment application—Act, s 138B (2) (a) (iii)New section 22 (a) (iii) 50
100 Preparation of EIS—Act, s 208 (1)Section 50 (2) (c) (v) (A) and (B) 50
101 Section 220 heading 50
102 Section 220 (1) (b) 50
103 New section 221 51
104 Schedule 1, section 1.110 (3), definition of lessee 53
105 Permitted variations to approved and exempt developments Schedule 1A, section 1A.11 (4) 54
106 Schedule 1A, section 1A.11 (5), new definitions 54
107 Matters exempt from third-party ACAT reviewSchedule 3, part 3.2, item 6, column 2, paragraph (g) (iii) 54
108 Schedule 3, part 3.2, item 8, column 2, paragraph (e) 54
109 Dictionary, note 2 54
110 Dictionary, note 3 55
111 Dictionary, definition of block 55
112 Dictionary, new definition of owner 55
Part 17Public Unleased Land Act 2013
113 Dictionary, new definition of land sublease 56
114 Dictionary, definition of owner, paragraph (a) 56
Part 18Rates Act 2004
115 Definitions for pt 7 Section 45 57
116 Section 45, definition of owner, new paragraph (a) (ia) 57
117 Dictionary, new definition of declared land sublease 57
118 Dictionary, definition of owner, new paragraph (a) (v) 57
119 Dictionary, definition of parcel 57
Part 19Unit Titles Act 2001
120 ParcelsSection 5, new note 58
121 Minor boundary changesSection 16 (c) 58
122 New section 17A 58
123 Leases of units and common propertyNew section 33 (3A) 61
124 Part 12 heading 61
125Development applications to vary lease under Planning and Development Act
New section 166 (1) (d) 61126 Division 12.2 heading 62
127 Section 167A 64
128 Effects of lease expirySection 168 (1) (c) and (2) 66
129 New section 168 (2A) to (2C) 66
130 Effect of termination of unit leaseSection 170 (2), note 67
131 New unit lease—schedule of unit entitlementSection 172 (2), note 67
132 Dictionary, new definitions 67
133 Dictionary, definition of interest 68
134 Dictionary, definitions of lease and termination 68
Part 20Unit Titles (Management) Act 2011
135 Corporate register—information to be includedNew section 114 (2) (c) 70
136 Corporate register—provision of informationSection 115 (1) (a) 70
137 New section 115 (2A) 70
138 Dictionary, new definition of declared land sublease 71
Part 21Unit Titles Regulation 2001
139 Unit title assessment report application—Act, s 22B (2)New section 2B (a) (iii) 72
140 Unit title assessment report—contents—Act, s 22B (5) (a)New section 2D (1) (ba) 72
141 Unit title assessment report—accompanying material—Act, s 22B (5) (b)New section 2E (1) (ka) 72
142 Boundary diagramsNew section 6 (1) (aa) 72
143 Endorsement of units plans—Act, s 27 (2)Section 9 (2) 73
144 Dictionary, note 3 73
Part 22Utilities Act 2000
145 Water supply and sewerage services—owner’s liability for paymentSection 94 (6), definition of owner, new paragraph (e) 74
146 Dictionary, new definition of land sublease 74
147 Dictionary, definition of owner 74
Part 23Water and Sewerage Act 2000
148 Dictionary, new definition of land sublease 75
149 Dictionary, definition of owner 75
Part 24Water and Sewerage Regulation 2001
150 Dictionary, note 3 76
151 Dictionary, new definition of parcel 76
Part 25Water Resources Act 2007
152 Dictionary, new definition of land sublease 77
153 Dictionary, definition of owner 77
Planning and Development (University of Canberra and Other Leases) Legislation Amendment Act 2015
A2015-19
An Act to amend legislation about the subleasing of land under certain perpetual leases, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Part 1Preliminary
Name of Act
This Act is the Planning and Development (University of Canberra and Other Leases) Legislation Amendment Act 2015.
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).
Legislation amended
This Act amends the following legislation:
· Building Act 2004
· Building (General) Regulation 2008
· Common Boundaries Act 1981
· Community Title Act 2001
· Duties Act 1999
· Environment Protection Act 1997
· Environment Protection Regulation 2005
· First Home Owner Grant Act 2000
· Land Tax Act 2004
· Land Titles Act 1925
· Land Titles (Unit Titles) Act 1970
· Leases (Commercial and Retail) Act 2001
· Legislation Act 2001
· Planning and Development Act 2007
· Planning and Development Regulation 2008
· Public Unleased Land Act 2013
· Rates Act 2004
· Unit Titles Act 2001
· Unit Titles (Management) Act 2011
· Unit Titles Regulation 2001
· Utilities Act 2000
· Water and Sewerage Act 2000
· Water and Sewerage Regulation 2001
· Water Resources Act 2007.
Part 2Building Act 2004
Dictionary, new definition of land sublease
insert
land sublease—see the Planning and Development Act 2007, dictionary.
Dictionary, definition of owner, new paragraph (h)
insert
(h)if the land is under a land sublease—the sublessee.
Dictionary, new definition of parcel
insert
parcel, of land, includes land under a land sublease.
Part 3Building (General) Regulation 2008
General requirements for plans—Act, s 27 (1) (a)
Section 16 (2) (g)substitute
(g)for the parcel of land where the work is to be done—include a site plan on a scale of not less than 1:200 showing—
(i)the block and section number of the land (or for land under a land sublease, the sublease plan number); and
(ii)the boundaries and dimensions of the land; and
Dictionary, note 3
insert
· land sublease
· parcel (of land)
Part 4Common Boundaries Act 1981
When land is a parcel of land
New section 2A (aa)insert
(aa)the land is held by a person under a land sublease; or
Dictionary, new definition of land sublease
insert
land sublease—see the Planning and Development Act 2007, dictionary.
Dictionary, definition of parcel of land
substitute
parcel of land—
(a)for this Act generally—includes land held under a land sublease; and
(b)for division 2.1 (Fences requested by occupiers)—see section 2A and section 2B.
Part 5Community Title Act 2001
Community title scheme proposal—application for approval
New section 8 (2) (c)insert
(c)if the application relates to land under a declared land sublease and—
(i)the developer is not the sublessee—the sublessee; and
(ii)the developer is not the Crown lessee—the Crown lessee.
Amendment by the Supreme Court
Section 27 (1), definition of interested person, new paragraph (ca)insert
(ca)for scheme land under a declared land sublease—the Crown lessee;
Injunction
Section 28 (2), definition of interested person, new paragraph (ba)insert
(ba)for scheme land under a declared land sublease—the Crown lessee;
Dictionary, new definitions
insert
Crown lease—see the Land Titles Act 1925, dictionary.
Crown lessee, in relation to a declared land sublease, means the lessee under the Crown lease under which the sublease is granted.
declared land sublease—see the Planning and Development Act 2007, section 312C.
land sublease—see the Planning and Development Act 2007, dictionary.
Dictionary, definition of lot
substitute
lot—
(a)means a parcel of land for which a certificate of title has been issued under the Land Titles Act 1925; but
(b)does not include a land sublease other than a declared land sublease.
Part 6Duties Act 1999
Imposition of duty on certain transactions concerning dutiable property
New section 7 (1) (b) (iiia)insert
(iiia)a grant of a declared land sublease;
Section 7 (3), definition of grant
substitute
grant—
(a)of a Crown lease over land, includes the grant of a new lease following the surrender or determination of the Crown lease over land that includes part or all of the land over which the new lease is granted; and
(b)of a declared land sublease, includes the grant of a new land sublease following the surrender or determination of the sublease over land that includes part or all of the land over which the new sublease is granted.
Imposition of duty on dutiable transactions that are not transfers
Table 8, item 3, columns 2 and 5after
lease
insert
(or declared land sublease)
Table 8, item 3, column 4
after
lessee
insert
(or for a declared land sublease, the sublessee)
Dutiable property
New section 10 (1) (ba)insert
(ba)a declared land sublease;
Section 10 (1) (g)
after
Crown lease
insert
or declared land sublease
What is the consideration for the transfer of dutiable property?
Section 21 (3)substitute
(3)If a Crown lease, or declared land sublease, is granted subject to a requirement that the lessee, or sublessee, carry out, or cause to be carried out, works on land other than the land the subject of the lease, or sublease, the cost of carrying out the works is taken to form part of the consideration for the lease or sublease.
Refund if Crown lease surrendered
New section 52 (6)insert
(6)This section applies to a declared land sublease as if—
(a)it were a Crown lease; and
(b)any amount paid to the sublessee by the sublessor under the terms of the sublease because of the surrender or termination of the sublease were an amount refunded under the Planning and Development Act 2007, section 300.
Surrender and regrant of Crown lease
New section 68 (4)insert
(4)This section applies to a declared land sublease as if it were a Crown lease.
Regrant of lease with additional land
New section 68A (2)insert
(2)This section applies to a declared land sublease as if it were a Crown lease.
Dictionary, definition of Crown lease and note
substitute
Crown lease—see the Land Titles Act 1925, dictionary.
Dictionary, new definition of declared land sublease
insert
declared land sublease—see the Planning and Development Act 2007, section 312C.
Part 7Environment Protection Act 1997
Duty to notify existence of contaminated land
Section 23A (1)omit everything before paragraph (a), substitute
(1)A relevant person in relation to land must notify the authority, in writing, as soon as practicable after becoming aware that the land is contaminated in such a way as to present, or to be likely to present—
Section 23A (2)
before
person
insert
relevant
New section 23A (3)
insert
(3)In this section:
relevant person, in relation to land, means—
(a)the occupier of the land; or
(b)if the occupier is not the lessee—the lessee; or
(c)if the land is land under a land sublease and the occupier is not the sublessee—the sublessee.
Application
Section 47 (3)omit
parcel of land
substitute
land (or for land under a land sublease, the sublessee)
Section 47 (3) (a)
substitute
(a)if the land is leased—
(i)the lessee; or
(ii)for land under a land sublease—the sublessee and sublessor; or
NoteA sublessor, under a land sublease, is the lessee under the Crown lease under which the sublease is granted.
Order to remediate land
Section 91D (3) (a)omit
an occupier is not the lessee of that land, serve notice on the lessee;
substitute
an occupier is not—
(i)the lessee of the land—serve notice on the lessee; or
(ii)for land under a land sublease, the sublessee—serve notice on the sublessee;
Section 91D (8)
after
lessee
insert
(or for land under a land sublease, the sublessee)
Notification of certain people about orders for assessment or remediation
Section 91E (1)omit
occupier and, if the occupier is not the lessee, the lessee, of
substitute
relevant person in relation to
New section 91E (3)
insert
(3)In this section:
relevant person, in relation to land, means—
(a)the occupier of the land; and
(b)if the occupier is not the lessee—the lessee; and
(c)if the land is land under a land sublease and the occupier is not the sublessee—the sublessee.
Choice of appropriate person
Section 91I (1) (b)substitute
(b)either—
(i)a lessee of the land (whether or not the person had any responsibility for the contamination of the land with the substance) or if that is not practicable, the person mentioned in paragraph (c); or
(ii)if the land is land under a land sublease—the sublessee of the land (whether or not the person had any responsibility for the contamination of the land with the substance) or if that is not practicable, the following people in the following order:
(A)the sublessor of the land (whether or not the person had any responsibility for the contamination of the land with the substance);
(B)the person mentioned in paragraph (c);
NoteA sublessor, under a land sublease, is the lessee under the Crown lease under which the sublease is granted
Section 91I (4), definition of notional lessee
after
lease
insert
(or land sublease)
Section 91I (4), definition of notional lessee, paragraph (c) (ii)
after 1st mention of
lessee
insert
(or for land under a land sublease, the sublessee)
Section 91I (4), definition of notional lessee, paragraph (c) (ii)
after 2nd mention of
lessee
insert
(or sublessee)
Liability for losses
New section 91O (5)insert
(5)For this section, if land is land under a land sublease, lessee means the sublessor and sublessee.
NoteA sublessor, under a land sublease, is the lessee under the Crown lease under which the sublease is granted
Environment protection orders
Section 125 (2) and (3)omit
occupier of the land and, if the occupier is not the lessee, on the lessee
substitute
relevant person in relation to the land
New section 125 (7)
insert
(7)In this section:
relevant person, in relation to land, means—
(a)the occupier of the land; and
(b)if the occupier is not the lessee—the lessee; and
(c)if the land is land under a land sublease and the occupier is not the sublessee—the sublessee.
Schedule 1, table 1.2, item 7, column 2
after
lessee
insert
(or for land under a land sublease, the sublessee)
Dictionary, new definition of land sublease
insert
land sublease—see the Planning and Development Act 2007, dictionary.
Part 8Environment Protection Regulation 2005
Dictionary, note 3
insert
· land sublease
Dictionary, definition of owner
substitute
owner, of land, includes—
(a)a lessee; and
(b)for land under a land sublease—the sublessee.
Dictionary, new definition of parcel
insert
parcel, of land under a territory lease, includes land under a land sublease.
Part 9First Home Owner Grant Act 2000
Ownership of land and homes
New section 5 (2) (aa)insert
(aa)a leasehold interest under a land sublease;
New section 5 (6)
insert
(6)In this section:
land sublease—see the Planning and Development Act 2007, dictionary.
Part 10Land Tax Act 2004
Dictionary, new definition of land sublease
insert
land sublease—see the Planning and Development Act 2007, dictionary.
Dictionary, definition of owner, new paragraph (e)
insert
(e)for a parcel held under a land sublease—the sublessee.
Part 11Land Titles Act 1925
Section 72D
substitute
72DMemorial of application of certain provisions etc under Planning and Development Act 2007
(1)If the planning and land authority tells the registrar-general that any of the following provisions or things under the Planning and Development Act 2007 apply to a lease, the registrar‑general must enter in the register a memorial to that effect:
(a)section 251 (Restrictions on dealings with certain leases);
(b)a declaration under section 312B (Declared Crown leases).
(2)The registrar-general must enter in the register—
(a)for a declared land sublease—a memorial that it is a declared land sublease under the Planning and Development Act 2007, section 312C; and
(b)for a lease of a unit or common property under a units plan that subdivides land under a declared land sublease—a memorial that the lease is over land under a declared land sublease; and
(c)for land under a scheme under the Community Title Act 2001 that subdivides land under a declared land sublease—a memorial that the land is land under a declared land sublease.
Surrender of lease
Section 86 (4) (b)substitute
(b)accompanied by the notice and evidence of resolution of the owners corporation mentioned in the Unit Titles Act 2001, section 167A (2) (c) (i).
Lessee may sublet
Section 88 (1), new notebefore note 1, insert
Note 1AA sublease of land must be approved by the planning and land authority (see Planning and Development Act 2007, s 308 and this Act, s 88B).
New sections 88A to 88J
insert
88AApplication of land sublease provisions
(1)Section 88B to section 88J do not apply to—
(a)a sublease of land granted before the commencement of this section; or
(b)if a units plan subdivides a parcel of land under a declared land sublease—a lease granted or arising under the Unit Titles Act 2001.
NoteLand sublease does not include a building lease (see Planning and Development Act 2007, s 308 and this Act, s 88B).
(2)Nothing in this Act, by itself, creates an obligation on the sublessor under a land sublease to grant the sublessee a further or new sublease.
NoteThe Unit Titles Act 2001, s 167AA provides for the grant of further leases of units and common property if a declared land sublease is subdivided by a units plan.
88BLand subleases—registration
The registrar-general must not register a sublease of land unless the sublease has been approved, in writing, by the planning and land authority under the Planning and Development Act 2007, section 308 (Power of Crown lessee to sublet part of land).
NoteThis section does not apply to a building sublease (see Planning and Development Act 2007, dict, def land sublease).
88CLand subleases—mortgages
(1)A mortgage of land under a land sublease is not valid or binding against the sublessor, or the sublessor’s mortgagee (if any), unless the sublessor and the sublessor’s mortgagee consent, in writing, to the mortgage.
NoteThis section does not apply to a building sublease (see Planning and Development Act 2007, dict, def land sublease).
(2)In this section:
mortgage includes an encumbrance.
mortgagee includes an encumbrancee.
88DLand subleases—transfers
(1)The registrar-general must not register a memorandum of transfer of a land sublease unless—
(a)the sublessor consents, in writing, to the transfer; and
(b)the registrar-general tells the planning and land authority, in writing, about the transfer.
NoteThis section does not apply to a building sublease (see Planning and Development Act 2007, dict, def land sublease).
(2)For subsection (1) (a)—
(a)the sublessee must request the sublessor’s consent in writing; and
(b)within 10 working days after receiving the request, or any longer period agreed by the sublessee and sublessor, the sublessor may, in writing, ask the sublessee to give the sublessor information about the following:
(i)the proposed transferee’s financial standing, including details of any approved finance of the proposed transferee;
(ii)the proposed use of the land under the sublease by the proposed transferee;
(iii)the proposed transferee’s ability to comply with the conditions of the sublease; and
(c)if the sublessor has mortgaged the land under the Crown lease and the consent of the sublessor’s mortgagee is required under the mortgage to the transfer of a sublease of the land—
(i)the sublessor must—
(A)tell the sublessor’s mortgagee that the request by the sublessee has been made and of the terms of the request; and
(B)if asked by the mortgagee—ask the sublessee for the information mentioned in paragraph (b) and give the information to the mortgagee; and
(ii)the sublessor’s mortgagee must consent or refuse consent (including reasons for the refusal), in writing, to the sublessor and the sublessee within 10 working days after—
(A)being told about the sublessee’s request; or
(B)if the mortgagee asks for information under paragraph (c) (i) (B)—receiving the information; and
(iii)the sublessor must consent or refuse consent (including reasons for the refusal), in writing, to the sublessee; and
(d)if paragraph (c) does not apply—the sublessor must consent or refuse consent (including reasons for the refusal), in writing, within 10 working days after—
(i)receiving the sublessee’s request; or
(ii)if the sublessor asks for information under paragraph (b)—receiving the information; and
(e)the sublessee is responsible for the reasonable costs of the sublessor, and the sublessee’s mortgagee, in making a decision about whether to consent to the transfer of the sublease (not including any costs incurred in relation to an order under subsection (3) (c) (ii)).
NoteIf no time is provided for doing a thing under this subsection, the thing must be done as soon as possible (see Legislation Act, s 151B).
(3)For subsection (2) (c) and (d)—
(a)a person to whom a request for consent is made (the request receiver) is taken to have consented to the proposed transfer if the request receiver does not consent or refuse consent within the relevant period mentioned in subsection (2) (c) (ii) and (d); and
(b)a request receiver may only refuse consent if the request receiver has reasonable grounds for believing—
(i)the proposed transferee is not financially sound; or
(ii)the proposed transferee intends to use the land under the sublease for a purpose not allowed under the sublease; or
(iii)the proposed transferee cannot otherwise comply with the conditions of the sublease; or
(iv)the proposed transferee, or the use of the land under the sublease, will not be compatible with other sublessees under the Crown lease; or
(v)the sublessee is in breach of the sublease; and
(c)if a request receiver refuses consent—
(i)the sublessee may apply to the Magistrates Court for an order that the request receiver has refused consent otherwise than in accordance with this section; and
(ii)if the Magistrates Court is satisfied the request receiver has refused consent otherwise than in accordance with this section, the Court must order—
(A)that the request receiver is taken to have consented to the request; and
(B)the person in possession of the Crown lease for the land to which the sublease relates to present the lease to the registrar‑general to allow registration of the transfer of the sublease.
(4)In this section:
mortgage includes an encumbrance.
mortgagee includes an encumbrancee.
88ELand subleases—no further subleases
A sublease of land under a land sublease is not valid or binding.
Note This section does not apply to a building sublease (see Planning and Development Act 2007, dict, def land sublease).
88FLand subleases—surrender
A sublessee may surrender a land sublease—
(a)with the written consent of the sublessor; or
NoteIf a land sublease is subject to a registered mortgage or encumbrance, the mortgagee or encumbrancee must also consent to the surrender (see s 86 (7) and s 89).
(b)if consent to the transfer of a land sublease is refused under section 88D.
NoteThis section does not apply to a building sublease (see Planning and Development Act 2007, dict, def land sublease).
88GWithdrawal of land under land sublease
(1)This section applies if—
(a)before the end of the term of a sublease, the sublessor withdraws all or part of the subleased land from the lease under a provision of the sublease; and
(b)the sublessee has fully complied with the provisions (if any) of the sublease relating to the construction of improvements on the land under the sublease.
NoteThis section does not apply to a building sublease (see Planning and Development Act 2007, dict, def land sublease).
(2)Section 88H and section 88I apply in relation to the withdrawn land as if the sublease was surrendered on the day of the withdrawal.
(3)In this section:
improvement, in relation to land—see section 88H (6).
88HSurrender etc of land sublease—payment for improvements
(1)This section applies if—
(a)a land sublease is surrendered or ends; and
(b)there are improvements in relation to the land under the sublease—
(i)that did not exist at the commencement of the sublease; and
(ii)the cost of which the sublessee was responsible for; and
(c)the sublessee—
(i)is not granted a further sublease of the land under the old sublease; or
(ii)is granted a new sublease of only part of the land under the old sublease.
NoteThis section does not apply to a building sublease (see Planning and Development Act 2007, dict, def land sublease).
(2)The sublessor is liable to pay the sublessee—
(a)if no further sublease of the land under the old sublease is granted—the value of the improvements as worked out under the Planning and Development Act 2007, section 295 as if the sublessor were the planning and land authority and the sublease were a Crown lease; or
(b)if a new sublease of only part of the land under the old sublease is granted—the value of the improvements on the part of the land not leased under the new sublease as worked out under the Planning and Development Act 2007, section 295 as if the sublessor were the planning and land authority and the sublease were a Crown lease.
(3)Subsection (4) applies if—
(a)a sublease ends; and
(b)the sublessee has not given the sublessor at least 6 month’s written notice before the sublease ended, or any shorter period agreed by the sublessee and sublessor, that the sublessee did not intend to apply for a further sublease.
(4)The sublessor may deduct the amount of any expenditure reasonably incurred by the sublessor in subleasing the land, or part of the land, under the old sublease to someone else from the amount payable by the sublessor to the sublessee under this section.
(5)The sublessor must give the sublessee a notice stating the amount worked out for subsection (2) and subsection (4) (if any) and how the amount is worked out.
(6)In this section:
improvement, in relation to land, means a building or structure on or under the land.
88IACAT review of value of improvements on land under land sublease etc
(1)This section applies if—
(a)a sublessor is liable to pay an amount under section 88H; and
(b)the sublessor gives the sublessee a notice under section 88H (5).
(2)The sublessee may apply to the ACAT for review of the amount (the original amount).
(3)On application, the ACAT must—
(a)make a decision substituting an amount for the original amount; or
(b)confirm the original amount.
88JRecovery of land under land sublease if sublessee in unlawful possession
(1)This section applies if a person who has been a sublessee under a land sublease remains in possession of the land after—
(a)the term of the sublease has ended; or
(b)the sublease has been surrendered or ended.
(2)The sublessor, by written notice to the person (the unlawful occupier), may demand that the unlawful occupier give possession of the land to the sublessor within a reasonable period stated in the demand.
(3)If a demand is not complied with—
(a)the sublessor may apply to the Magistrates Court for an order that possession of the land be given to the sublessor; and
(b)the court may issue a warrant authorising a police officer, within 20 working days after the day the warrant is issued, to enter the land with the assistance and by the force that is reasonable, and give possession of the land to the sublessor.
Covenants of lessees
New section 119 (2)insert
(2)This section does not apply to a land sublease.
Powers in lessor
New section 120 (1A)insert
(1A)This section does not apply to a land sublease.
Dictionary, note 2
insert
· ACAT
Dictionary, new definitions
insert
building sublease—see the Planning and Development Act 2007, dictionary.
declared land sublease—see the Planning and Development Act 2007, section 312C.
Dictionary, definition of instrument
omit
sublease
substitute
land sublease, a building sublease
Dictionary, new definitions
insert
land sublease—see the Planning and Development Act 2007, dictionary.
units plan—see the Unit Titles Act 2001, dictionary.
Part 12Land Titles (Unit Titles) Act 1970
Duties of registrar-general after units plan registration
New section 10 (1) (f)insert
(f)if the units plan subdivides a parcel of land under a declared land sublease—enter on the certificate of title for the units a memorial of—
(i)the Crown lease; and
(ii)if the Crown lessee has mortgaged the land under the Crown lease—the Crown lessee’s mortgage.
Effect of cancellation of units plan
Section 17 (1) and (2)substitute
(1)This section applies if a lease is cancelled, and a new lease arises, under the Unit Titles Act 2001, section 162 (Cancellation of units plan—effects).
(2)A relevant interest noted on the cancelled lease immediately before the registration of a cancellation authority or cancellation order, applies to the new lease in the same way as it applied to the cancelled lease.
Section 17 (3)
omit
memorandum of mortgage mentioned in subsection (1)
substitute
relevant interest mentioned in subsection (2)
New section 17 (4)
insert
(4)In this section:
relevant interest, in a lease of a unit, means—
(a)a mortgage of the lease of the unit; and
(b)if the unit is in a units plan that subdivides a parcel of land under a declared land sublease—
(i)the Crown lease; or
(ii)if the Crown lessee has mortgaged the land under the Crown lease—the Crown lessee’s mortgage.
Duties of registrar-general on registration of order
Section 18 (1) (d)substitute
(d)enter on each folio of the register in relation to the new certificate of title, a memorial of any easement or relevant interest in the lease of the unit which applies to the lease under section 17 and, if the lease is subject to 2 or more relevant interests, enter the memorials in a way that preserves their priority.
New section 18 (5)
insert
(5)In this section:
relevant interest, in a lease of a unit—see section 17 (4).
Registration of instruments granting further leases
Section 29 (1)substitute
(1)This section applies if—
(a)the planning and land authority grants further leases under the Planning and Development Act 2007, section 254 (Grant of further leases) of the units and the common property forming part of the registered units plan; or
(b)for a lease of a unit on a parcel of land under a declared land sublease—the Crown lessee grants further leases under the Unit Titles Act 2001, section 167AA of the units and the common property forming part of the registered units plan.
Dictionary, note 3
insert
· declared land sublease
Part 13Leases (Commercial and Retail) Act 2001
What leases does this Act apply to?
New section 12 (6) (ba)insert
(ba)a land sublease; or
Section 12 (7), new definition of land sublease
insert
land sublease—see the Planning and Development Act 2007, dictionary.
Part 14Legislation Act 2001
Dictionary, part 1, definition of territory lease, paragraph (b)
substitute
(b)does not include—
(i)a sublease of land approved under the Planning and Development Act 2007, section 308; or
(ii)any other sublease.
Part 15Planning and Development Act 2007
Meaning of development
Section 7 (2), definition of subdivision, paragraph (b)substitute
(b)does not include a sublease.
Form of development applications
New section 139 (2) (ba)insert
(ba)if the application relates to land under a land sublease and—
(i)the applicant is not the sublessee—also be signed by the sublessee; and
(ii)the applicant is not the Crown lessee—also be signed by the Crown lessee; and
Amending development applications
Section 144 (2)substitute
(2)However, the planning and land authority must not amend the development application unless—
(a)the authority is satisfied that—
(i)the development applied for after the amendment will be substantially the same as the development applied for originally; and
(ii)the assessment track for the application will not change if the application is amended; and
(b)for land under a land sublease—
(i)if the applicant is not the sublessee—the sublessee consents, in writing, to the amendment; and
(ii)if the applicant is not the Crown lessee—the Crown lessee consents, in writing, to the amendment.
Conditional approvals
New section 165 (2) (e)after the notes, insert
(e)if the application is for approval of a development on subleased land—
(i)may include a condition that the sublessee develops unleased territory land in a stated way; and
(ii)must not include a condition inconsistent with the related Crown lease.
End of development approvals for use under lease without lease variation, licence or permit
Section 186 (1) (a)after
lease
insert
or declared unit title lease
New section 186 (2) (f)
before the note, insert
(f)for a declared unit title lease—a further lease is not granted under the Unit Titles Act 2001, section 167AA.
New section 186 (5) (d)
before the examples, insert
(d)for a declared unit title lease—a further lease is granted under the Unit Titles Act 2001, section 167AA.
Section 186 (7), new definition of declared unit title lease
insert
declared unit title lease means a lease of a unit or common property in a units plan that subdivides land under a declared land sublease.
Applications to amend development approvals
New section 197 (3) (c)insert
(c)if the application relates to land under a land sublease and—
(i)the applicant is not the sublessee—also be signed by the sublessee; and
(ii)the applicant is not the Crown lessee—also be signed by the Crown lessee.
Section 197 (4)
after
subsection (3) (b) (i)
insert
or (c)
Development applications for developments undertaken without approval
Section 205 (3)after
land
insert
(or for land under a land sublease, the sublessee)
Definitions—ch 9
Section 234, definition of subdivision, paragraph (b)substitute
(b)does not include the subdivision of land—
(i)under the Unit Titles Act 2001; or
(ii)by the grant of a sublease.
Section 234, definition of sublessee
omit
Access to leased land from roads and road related areas
Section 248 (2)omit
by the planning and land authority
Grant of further leases
Section 254 (1) (a), new noteinsert
NoteA further lease under the Unit Titles Act 2001 over land under a declared land sublease may only be granted under the Unit Titles Act 2001, s 167AA (see s (1A)).
New section 254 (1A)
insert
(1A)For a lease granted or arising under the Unit Titles Act 2001—
(a)the owners corporation for a units plan may apply on behalf of an owner of a unit for the grant of a further lease of the unit; and
(b)relating to a units plan that subdivides land under a declared land sublease—the owners corporation may only apply for the grant of a further lease under the Unit Titles Act 2001, section 167AA.
Consent to s 265 dealings
Section 266 (2)omit
sublet the lease
substitute
grant a sublease
Section 308
substitute
Power of Crown lessee to sublet part of land
(1)A Crown lessee must not sublease any land under a Crown lease without the planning and land authority’s prior written approval.
Note 1A sublessee cannot further sublease the land under the sublease (see Land Titles Act 1925, s 88E).
Note 2If a form of application or sublease is approved under s 425 for this provision, the form must be used.
(2)The planning and land authority must, in writing, approve or refuse to approve a sublease of land not later than 10 working days after the authority is asked, in writing, to approve the sublease.
(3)The planning and land authority must not approve a sublease of land—
(a)other than in accordance with criteria prescribed by regulation; and
NotePower to make a regulation includes power to make different provision in relation to different matters or different classes of matters, and to make a regulation that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).
(b)if the sublease—
(i)is inconsistent with this Act or the Land Titles Act 1925; or
(ii)allows—
(A)the extension of the initial term of the sublease; or
(B)the grant of a further sublease; and
(c)unless satisfied that, during the term of the sublease (including a declared land sublease), the sublessee will have—
(i)direct access to the subleased land from a road or road related area; or
(ii)access to the subleased land from a road or road related area by way of an access road or track, or in another way, that the sublessee may use for entry or exit only, without charge and at any time.
(4)The Crown lessee must give the executed approved sublease to the planning and land authority.
(5)The planning and land authority must give the executed approved sublease to the registrar-general for registration under the Land Titles Act 1925.
NoteThe planning and land authority must give the executed approved sublease to the registrar-general for registration as soon as possible (see Legislation Act, s 151B).
(6)Access provided because of subsection (3) (c) (ii)—
(a)must not interfere with a building, garden or stockyard on the land (the affected land) through which the access is provided at the time the access is provided; and
(b)must be located in a way that causes as little damage or inconvenience to the sublessee, another sublessee or Crown lessee of the affected land as possible.
(7)A regulation may prescribe—
(a)the form of a sublease; and
(b)a document that must accompany or be included in a sublease; and
(c)a provision that must or must not be included in the sublease.
(8)A provision of a sublease that—
(a)is inconsistent with this Act or the Land Titles Act 1925 is void to the extent of the inconsistency; or
(b)allows the extension of the initial term of the sublease is void; or
(c)allows the grant of a further sublease is void.
(9)Nothing in this Act, by itself, creates an obligation on a lessee under a sublease of land to grant the sublessee a further or new sublease.
NoteThe Unit Titles Act 2001, s 167AA provides for the grant of further leases of units and common property if a declared land sublease is subdivided by a units plan.
(10)This section does not apply to a part of land sublet under section 309.
Access to lease documents and development agreements
New section 311 (2) (d)insert
(d)a land sublease.
New part 9.13
insert
Part 9.13Declared subleases of land
312BDeclared Crown leases
(1)The Minister and another Minister may together declare a prescribed Crown lease to be a declared Crown lease if it is in the public interest.
(2)In deciding whether it is in the public interest to make a declaration, the Ministers must consider the following:
(a)whether making the declaration is likely to encourage development of the land under the declared Crown lease that has a substantial benefit to the ACT community;
(b)whether making the declaration would cause any disadvantage to the ACT community taking into account potential uses of the land under the declared Crown lease that are consistent with the territory plan, whether or not those uses are authorised by the lease;
(c)whether any development of part of the land under the declared Crown lease is likely to be part of a larger development and, if so, what that development will involve;
(d)whether making the declaration is likely to encourage development of the land under the declared Crown lease that is likely to have a substantial effect on the achievement or development of the object of the territory plan as set out in the statement of strategic directions and objectives for each zone that applies to the land under the declared Crown lease;
(e)whether making the declaration raises a major policy issue.
(3)A declaration is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(4)A declaration—
(a)may only be amended or revoked to correct an error and if a declaration is amended, or revoked and a new declaration made, the amendment or new declaration may commence retrospectively; and
(b)continues to apply in relation to a Crown lease that was a prescribed Crown lease when the declaration was made even if the Crown lease stops being a prescribed Crown lease.
(5)The planning and land authority must give the registrar-general a copy of the declaration.
(6)In this section:
prescribed Crown lease means—
(a)a perpetual Crown lease held by the University of Canberra; or
(b)a perpetual Crown lease held by the Australian National University prescribed by regulation.
312CMeaning of declared land sublease
(1)In this Act:
declared land sublease—
(a)means a land sublease under a declared Crown lease; and
(b)includes any new land sublease granted by the Crown lessee to the sublessee over the land under a surrendered or expired declared land sublease.
(2)In this section:
declared Crown lease—see section 312B (1).
Definitions—ch 13
Section 407, definition of eligible entitysubstitute
eligible entity, for a reviewable decision—
(a)means an entity mentioned in schedule 1, column 3 for the decision; and
(b)for a reviewable decision in relation to a development application or development approval if the applicant is not—
(i)the lessee—includes the lessee; and
(ii)for a land sublease, the sublessee—includes the sublessee.
Reviewable decisions, eligible entities and interested entities
Schedule 1, new item 40Ainsert
| 40A | decision under s 308 (2) to refuse to approve a sublease of land | applicant for approval of sublease |
Dictionary, new definitions
insert
building sublease means a sublease mentioned in section 307 (Power of lessee to sublet part of building).
declared land sublease—see section 312C (1).
land sublease means a sublease of land approved under section 308 (Power of Crown lessee to sublet part of land) but does not include a building sublease.
Dictionary, definition of sublessee
omit
Part 16Planning and Development Regulation 2008
Details to be included in exemption assessment application—Act, s 138B (2) (a) (iii)
New section 22 (a) (iii)insert
(iii)if the land is under a land sublease—the sublease plan number;
Preparation of EIS—Act, s 208 (1)
Section 50 (2) (c) (v) (A) and (B)substitute
(A)the block and section number and division of the land and the volume and folio of the Crown lease; or
(B)if the land is under a land sublease—the sublease plan number and the volume and folio of the Crown lease; and
Section 220 heading
substitute
Criteria for giving approval of sublease of land—Act, s 308 (3) (a)
Section 220 (1) (b)
substitute
(b)for a land sublease—
(i)must not be for a term longer than 99 years; and
(ii)if the sublease authorises residential use of the land under the sublease—the sublease must state the number, or a maximum number, of dwellings permitted on the land under the sublease; and
(iii)if the sublease authorises non-residential use of the land under the sublease—the sublease must state the maximum total gross floor area of buildings and structures permitted for non-residential use on the land under the sublease.
New section 221
insert
Prescribed matters in land sublease—Act, s 308 (7)
(1)A land sublease must—
(a)if the sublease is a declared land sublease—state that it is a declared land sublease; and
(b)include a purpose clause consistent with the Crown lease under which the sublease is granted; and
(c)state the commencement date and term of the sublease; and
(d)include a plan of the land—
(i)prepared in accordance with any relevant practice direction under the Surveyors Act 2007, section 55; and
(ii)signed by the surveyor-general; and
(e)include a provision dealing with termination of the sublease, including breach of the sublease, that is fair and equitable between the parties having regard to the parties’ circumstances and the nature and circumstances of the termination; and
(f)include a provision dealing with the resolution of disputes between the parties in relation to the sublease, that is fair and equitable between the parties having regard to the parties’ circumstances and the nature and circumstances of the dispute; and
(g)include or be accompanied by—
(i)a written statement from relevant utility providers that the utility services are available to the land under the land sublease; and
(ii)plans in accordance with any relevant Australian Standard showing that the utility services are available to the land under the land sublease; and
(h)include or be accompanied by plans in accordance with any relevant Australian Standard showing that satisfactory road access for municipal services is available to the land under the land sublease.
Examples—municipal services
waste removal and recycling services, fire and other emergency services
NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(2)For this section, a utility service is available to the land under a land sublease if the service can be connected at the boundary of the land sublease to enable the service to be provided on the land under the land sublease.
(3)In this section:
electricity services means the services described in the Utilities Act 2000, section 6.
gas services means the services described in the Utilities Act 2000, section 9.
sewerage services means the services described in the Utilities Act 2000, section 13.
telecommunications network—see the Telecommunications Act 1997 (Cwlth), section 7.
telecommunications services means communications carried by a telecommunications network.
utility services means electricity services, gas services, sewerage services, telecommunication services and water services.
water services means the services described in the Utilities Act 2000, section 11.
Schedule 1, section 1.110 (3), definition of lessee
substitute
lessee, of land before the act or event that damaged the building or structure—
(a)means for land under a land sublease—the sublessee; and
(b)includes a person who, before the act or event, had entered into an agreement with the lessee of the land giving the person a right to the transfer of the lease but to whom no transfer had been registered under the Land Titles Act 1925 in accordance with the agreement.
Permitted variations to approved and exempt developments
Schedule 1A, section 1A.11 (4)omit
Schedule 1A, section 1A.11 (5), new definitions
insert
exemption declaration—see schedule 1, section 1.100A (1) (b).
lease includes a land sublease.
Matters exempt from third-party ACAT review
Schedule 3, part 3.2, item 6, column 2, paragraph (g) (iii)after
lease
insert
, or land sublease,
Schedule 3, part 3.2, item 8, column 2, paragraph (e)
after
lease
insert
, or land sublease,
Dictionary, note 2
insert
· surveyor-general
Dictionary, note 3
insert
· declared land sublease
· land sublease
Dictionary, definition of block
substitute
block means—
(a)a block under the Districts Act 2002; or
(b)for land under a land sublease—the land identified in the registered sublease plan.
Dictionary, new definition of owner
insert
owner, of land, means, for land under a land sublease, the sublessee.
Part 17Public Unleased Land Act 2013
Dictionary, new definition of land sublease
insert
land sublease—see the Planning and Development Act 2007, dictionary.
Dictionary, definition of owner, paragraph (a)
substitute
(a)of land, means the lessee of the land (or for land under a land sublease, the sublessee); and
Part 18Rates Act 2004
Definitions for pt 7
Section 45after the heading, insert
In this part:
Section 45, definition of owner, new paragraph (a) (ia)
insert
(ia)for a parcel held under a declared land sublease—the sublessee (or, if 2 or more people are sublessees, each sublessee); or
Dictionary, new definition of declared land sublease
insert
declared land sublease—see the Planning and Development Act 2007, section 312C.
Dictionary, definition of owner, new paragraph (a) (v)
insert
(v)for a parcel held under a declared land sublease—the sublessee; and
Dictionary, definition of parcel
substitute
parcel includes—
(a)a part of a parcel of land that is separately held by an occupier, tenant, lessee or owner; and
(b)land held under a declared land sublease.
Part 19Unit Titles Act 2001
Parcels
Section 5, new noteinsert
NoteA parcel includes land under a declared land sublease.
Minor boundary changes
Section 16 (c)after
lease
insert
(or any declared land sublease)
New section 17A
insert
17AUnit title applications—land under declared land sublease
(1)This section applies to an application to the planning and land authority for approval of the subdivision of a parcel of land under a declared land sublease.
(2)The Crown lessee must consent, in writing, to the application.
(3)For subsection (2)—
(a)the sublessee must request the Crown lessee’s consent, in writing; and
(b)within 10 working days after receiving the request, or any longer period agreed by the sublessee and Crown lessee, the Crown lessee may, in writing, ask the sublessee to give the Crown lessee information about the following:
(i)the proposed subdivision of the land;
(ii)the use of the units in the units plan; or
(c)if the Crown lessee has mortgaged the land under the Crown lease and the consent of the Crown lessee’s mortgagee is required under the mortgage to the application—
(i)the Crown lessee must—
(A)tell the Crown lessee’s mortgagee that the request by the sublessee has been made and of the terms of the request; and
(B)if asked by the mortgagee—ask the sublessee for the information mentioned in paragraph (b) and give the information to the mortgagee; and
(ii)the Crown lessee’s mortgagee must consent or refuse consent (including reasons for the refusal), in writing, to the Crown lessee and the sublessee within 10 working days after—
(A)being told about the sublessee’s request; or
(B)if the mortgagee asks for information under paragraph (c) (i) (B)—receiving the information; and
(iii)the Crown lessee must consent or refuse consent (including reasons for the refusal), in writing, to the sublessee; and
(d)if paragraph (c) does not apply—the Crown lessee must consent or refuse consent (including reasons for the refusal), in writing, within 10 working days after—
(i)receiving the sublessee’s request; or
(ii)if the Crown lessee asks for information under paragraph (b)—receiving the information; and
(e)the sublessee is responsible for the reasonable costs of the Crown lessee, and the Crown lessee’s mortgagee, in making a decision about whether to consent to the unit title application (not including any costs incurred in relation to an order under subsection (4) (c) (ii)).
NoteIf no time is provided for doing a thing under this subsection, the thing must be done as soon as possible (see Legislation Act, s 151B).
(4)For subsection (3) (c) and (d)—
(a)a person to whom a request for consent is made (the request receiver) is taken to have consented to the unit title application if the request receiver does not consent or refuse consent within the relevant period mentioned in subsection (3) (c) (ii) and (d); and
(b)a request receiver may only refuse consent if the request receiver has reasonable grounds for believing—
(i)the proposed subdivision of the land, or the use of the units in the units plan, will not be compatible with other sublessees under the Crown lease; or
(ii)the sublessee is in breach of the sublease; and
(c)if a request receiver refuses consent—
(i)the sublessee may apply to the Magistrates Court for an order that the request receiver has refused consent otherwise than in accordance with this section; and
(ii)if the Magistrates Court is satisfied the request receiver has refused consent otherwise than in accordance with this section, the Court must order that the request receiver is taken to have consented to the request.
Leases of units and common property
New section 33 (3A)after the note, insert
(3A)For subsections (2) and (3), registration of a units plan that subdivides a parcel of land under a declared land sublease ends the sublease.
Part 12 heading
substitute
Part 12Lease variations and grants of further leases
Development applications to vary lease under Planning and Development Act
New section 166 (1) (d)insert
(d)if the unit or common property lease is in a units plan that subdivides a parcel of land under a declared land sublease—the Crown lessee consents, in writing, to the application.
Division 12.2 heading
substitute
Division 12.2 Grants of further leases
167AADeclared land subleases—grant of further leases
(1)This section applies if—
(a)a units plan subdivides land under a declared land sublease; and
(b)the owners corporation, as owner of an old lease of common property and on behalf of each owner of an old lease of a unit, applies, in writing, before the expiry of the old leases for the grant of a further lease of the units and common property in the units plan; and
(c)any criteria prescribed by regulation are satisfied.
(2)The Crown lessee must, within 30 days of receiving the application, grant, or refuse to grant, further leases for—
(a)the same term as the old leases; or
(b)a different term as agreed between the Crown lessee and the owners corporation of not less than 50 years.
(3)A further lease—
(a)must authorise each use of the leased land, and any building or structure on the land, that the old lease authorised; and
(b)is subject to any easement benefitting or burdening the leased land to which the old lease was subject.
(4)A further lease begins on the day after—
(a)the day the old lease is surrendered; or
(b)for a further lease granted on application after the expiry of the old lease—the day after the old lease expires.
(5)If the term of a further lease granted under subsection (2) is not longer than the term of the old lease, the Crown lessee may not require the sublessee, the owners corporation or a unit owner to pay any amount for the grant of the further lease that is more than the cost of granting the further lease.
(6)If the Crown lessee refuses to grant the further leases for which the owners corporation has applied—
(a)the Crown lessee must give the owners corporation reasons for the refusal, in writing; and
(b)the owners corporation may apply to the ACAT for an order requiring the Crown lessee to grant the further leases on the terms the ACAT considers appropriate.
(7)If further leases are granted, the sublessee, owners corporation and unit owners are not liable to pay the Crown lessee for the improvements on the land or part of the land.
(8)In this section:
improvement, in relation to land—see the Land Titles Act 1925, section 88H (6).
non-residential unit leases means leases of units and common property under a units plan that authorises non‑residential use of the units.
old leases means leases of units and common property under a units plan that subdivides land under a declared land sublease.
Section 167A
substitute
167AGrant of further leases—generally
(1)This section applies if the owners corporation of a units plan intends to apply for the grant of a further lease of the units and common property in the units plan under—
(a)the Planning and Development Act 2007, section 254; or
(b)for a units plan that subdivides land under a declared land sublease—section 167AA.
(2)The owners corporation must—
(a)hold a general meeting; and
(b)include in the notice of the general meeting a statement to the effect that—
(i)it intends to apply for the further leases; and
(ii)to allow the further leases to be granted, each owner of a unit in the units plan must give the certificate of title for the lease of the unit to the registrar‑general; and
(c)at the meeting, seek authority by ordinary resolution, if the owners corporation applies for the grant of the further leases—
(i)to notify the registrar‑general in writing about the application (a further lease notice) accompanied by evidence of the resolution; and
Note 1The Unit Titles (Management) Act 2011, sch 3, s 3.19 sets out requirements for evidence of resolutions of owners corporations.
Note 2It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
(ii)to do anything else necessary on behalf of an owner of a unit to ensure the grant of the further leases.
Examples—par (c) (ii)
1deal with a mortgagee in relation to the unit to obtain the mortgagee’s consent to the application for the further lease
2sign on behalf of a unit owner any document required by the registrar-general to ensure the grant of a further lease
Note 1If a form is approved under s 180 for this provision, the form must be used.
Note 2An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(3)Subsection (4) applies if—
(a)the owners corporation gives the registrar‑general a further lease notice; and
(b)the certificate of title, or other evidence of title, for a lease to which the further lease notice relates is not given to the registrar-general within 28 days after the further lease notice is given to the registrar-general.
(4)For the Land Titles Act 1925, section 86 (5) (Surrender of lease), the certificate of title for the lease is taken to have been given to the registrar‑general.
167BDeclared land subleases—surrender of leases in units without grant of further leases
(1)This section applies if a units plan subdivides land under a declared land sublease.
(2)The owners corporation may, on behalf of the unit owners, surrender the leases with the written consent of the Crown lessee.
NoteIf a lease is subject to a registered mortgage or encumbrance, the mortgagee or encumbrancee must also consent to the surrender (see Land Titles Act 1925, s 86 (7)).
(3)If a lease is surrendered under subsection (2), the Land Titles Act 1925, section 88H (Surrender etc of land sublease—payment for improvements) applies.
Effects of lease expiry
Section 168 (1) (c) and (2)after
Territory
insert
(or, if the units plan subdivides a parcel of land under a declared land sublease, the Crown lessee)
New section 168 (2A) to (2C)
insert
(2A)The value of the amount mentioned in subsection (1) (c) must be worked out under the Planning and Development Act 2007, section 295 as if the Territory (or, if the units plan subdivides a parcel of land under a declared land sublease, the Crown lessee) were the planning and land authority.
(2B)Subsection (2C) applies if—
(a)the term of a lease of a unit or common property in a units plan that subdivides a parcel of land under a declared land sublease expires; and
(b)the owners corporation has not given the Crown lessee at least 6 month’s written notice before the lease expired that the owners corporation did not intend to apply for a further lease under section 167AA.
(2C)The Crown lessee may deduct the amount (up to the prescribed amount) of any expenditure reasonably incurred by the Crown lessee in subleasing the land, or part of the land, under the expired leases to someone else from the amount payable by the Crown lessee under subsection (1) (c).
Effect of termination of unit lease
Section 170 (2), notesubstitute
NoteThis section does not apply to a lease surrendered under the Planning and Development Act 2007, s 254 or a lease under a units plan that subdivides land under a declared land sublease surrendered under this Act, s 167AA (see dict, def termination).
New unit lease—schedule of unit entitlement
Section 172 (2), notesubstitute
NoteThis section does not apply to a further lease, or a further lease under a units plan that subdivides land under a declared land sublease, granted after a lease has been surrendered under the Planning and Development Act 2007, s 254 or this Act, s 167AA (see dict, def termination).
Dictionary, new definitions
insert
Crown lease—see the Land Titles Act 1925, dictionary.
Crown lessee, in relation to a declared land sublease, means the lessee under the Crown lease under which the sublease is granted.
declared land sublease—see the Planning and Development Act 2007, section 312C.
Dictionary, definition of interest
substitute
interest, in a unit or common property—
(a)means a legal or equitable estate or interest (whether registered or unregistered) in the lease of the unit or of the common property; and
(b)if a units plan subdivides a parcel of land under a declared land sublease—includes the interest of the Crown lessee in the land; but
(c)does not include an interest in a lease of a unit.
Dictionary, definitions of lease and termination
substitute
lease means—
(a)for a unit—the lease of the unit under—
(i)section 33 (2) (Leases of units and common property); or
(ii)section 167AA (Declared land subleases—grant of further leases); or
(iii)section 171 (2) (New unit lease); or
(iv)the Planning and Development Act 2007, section 254 (Grant of further leases); or
(b)for common property—the lease of the common property under—
(i)section 33 (3) (Leases of units and common property); or
(ii)section 167AA (Declared land subleases—grant of further leases); or
(iii)the Planning and Development Act 2007, section 254 (Grant of further leases); or
(c)for a parcel—
(i)the lease of the parcel—
(A)granted under the Planning and Development Act 2007; or
(B)arising under section 162 (Cancellation of units plan—effects) of this Act; or
(ii)if the parcel is land under a declared land sublease—the declared land sublease.
termination, of a lease of a unit, does not include the termination of the lease on surrender under—
(a)the Planning and Development Act 2007, section 254 (Grant of further leases); or
(b)for leases under a units plan that subdivides land under a declared land sublease—section 167AA.
Part 20Unit Titles (Management) Act 2011
Corporate register—information to be included
New section 114 (2) (c)insert
(c)if the units plan subdivides a parcel of land under a declared land sublease—the full name and an address for correspondence of the Crown lessee.
Corporate register—provision of information
Section 115 (1) (a)omit
agreeing
substitute
entering into an agreement
New section 115 (2A)
insert
(2A)The Crown lessee for a declared land sublease must give the owners corporation for the units plan written notice of the details of any of the following events within 14 days after the event happens:
(a)the Crown lessee entering into an agreement to transfer an interest in the Crown lease to someone else (the new owner);
(b)the lodgment for registration of the transfer;
(c)a change in the Crown lessee’s name or address for correspondence.
Dictionary, new definition of declared land sublease
insert
declared land sublease—see the Planning and Development Act 2007, section 312C.
Part 21Unit Titles Regulation 2001
Unit title assessment report application—Act, s 22B (2)
New section 2B (a) (iii)insert
(iii)if the parcel is land under a declared land sublease—the sublease plan number;
Unit title assessment report—contents—Act, s 22B (5) (a)
New section 2D (1) (ba)insert
(ba)if the parcel is land under a declared land sublease—the sublease plan number;
Unit title assessment report—accompanying material—Act, s 22B (5) (b)
New section 2E (1) (ka)after the note, insert
(ka)if the parcel is land under a declared land sublease—a plan showing the location of utility services on the land and easements benefitting and burdening the land;
Boundary diagrams
New section 6 (1) (aa)insert
(aa)if the parcel is land under a declared land sublease—a boundary diagram of the Crown lease under which the declared land sublease is granted showing the boundaries of the Crown lease and the parcel;
Endorsement of units plans—Act, s 27 (2)
Section 9 (2)substitute
(2)The documents must be signed by—
(a)the lessee of the parcel; and
(b)if the parcel is land under a declared land sublease—the Crown lessee.
Dictionary, note 3
insert
· Crown lessee
· declared land sublease
Part 22Utilities Act 2000
Water supply and sewerage services—owner’s liability for payment
Section 94 (6), definition of owner, new paragraph (e)insert
(e)for land held under a land sublease—the sublessee.
Dictionary, new definition of land sublease
insert
land sublease—see the Planning and Development Act 2007, dictionary.
Dictionary, definition of owner
substitute
owner, of land or premises, means—
(a) a person who owns the land or premises; or
(b) a lessee of the land or premises under a lease granted by or for the Commonwealth; or
(c)for a unit under the Unit Titles Act 2001—the unit owner; or
(d)for land held under a land sublease—the sublessee;
whether alone or together with 1 or more other people.
Part 23Water and Sewerage Act 2000
Dictionary, new definition of land sublease
insert
land sublease—see the Planning and Development Act 2007, dictionary.
Dictionary, definition of owner
substitute
owner, of premises or land on which a sewerage or water service has been, or is to be, installed includes—
(a)the occupier, lessee, tenant or holder of the premises or land; and
(b)for land under a land sublease or premises on the land—the sublessee.
Part 24Water and Sewerage Regulation 2001
Dictionary, note 3
insert
· land sublease
· owner
Dictionary, new definition of parcel
insert
parcel, of land, includes land under a land sublease.
Part 25Water Resources Act 2007
Dictionary, new definition of land sublease
insert
land sublease—see the Planning and Development Act 2007, dictionary.
Dictionary, definition of owner
substitute
owner, of land, includes—
(a)the lessee of the land; or
(b)for land under a land sublease—the sublessee.
Endnotes
Presentation speech
Presentation speech made in the Legislative Assembly on 14 May 2015.
Notification
Notified under the Legislation Act on 11 June 2015.
Republications of amended laws
For the latest republication of amended laws, see certify that the above is a true copy of the Planning and Development (University of Canberra and Other Leases) Legislation Amendment Bill 2015, which was passed by the Legislative Assembly on 4 June 2015.
Clerk of the Legislative Assembly
© Australian Capital Territory 2015
0
0
0