Australian Capital Territory National Land (Leased) Delegation 2022 (No. 2)

Item

Position title

101

Secretary

102

Deputy Secretary, Senior Executive Service Band 3, Commercial and
Government Services Group

103

First Assistant Secretary, Senior Executive Service Band 2, Property and Construction Division

104

Assistant Secretaries, Senior Executive Service Band 1, Property and
Construction Division

105

Directors, Executive Level 2, Property and Construction Division
administering the Ordinance

201

subsection 10(1)

grant leases of land

202

subsection 10(2)

requirement for lease to be consistent with National
Capital Plan

203

subsection 10(5)

determine the method for granting lease

204

subsection 10(6)

publish notice of auction, tender, ballot or direct grant
in certain timeframes

205

subsection 10(9)

invite fresh applications for the lease in certain
circumstances

206

subsection 10(10)

determine the method for granting lease

207

subsection 10(12)

requirement to not grant lease unless grantee is an
eligible member of a specified class

208

subsection 10(13)

make reasonable and necessary enquiries to establish
capacity to comply with lease

209

subsection 10(14)

refuse to grant lease if unable to comply with lease

210

subsection 12(2)

give written notice withdrawing offer or terminating
right to be granted lease

211

subsection 13(4)

determine application for reconsideration or reviewed
rent in specific circumstances

212

subsection 14(4)

determine application for rent reduction or relief from conditions

213

subsection 14(5)

requirement to take into account provided information
and other relevant matters

214

subsection 14(6)

approval under subsection 14(4) may be given subject
to conditions

215

subsection 17(3)

determine application for variation of lease

216

subsection 17(4)

determine amount payable for approved variation of
lease

217

subsection 17(5)

requirement for variation of lease to be consistent with National Capital Plan

218

subsection 17(6)

requirement to have regard to National Capital Plan,
provided information and other relevant matters

219

subsection 17(7)

make a decision within set timeframes

220

subsection 17(9)

requirement to give written notice of decision to vary
lease

221

subsection 19(3)

requirement to not execute variation instrument until
lease variation charge paid

222

section 20

remit or refund lease variation charge in special
circumstances on own initiative or by written
application from lessee

223

subsection 22 (4)

exempt, by notifiable instrument, a Division 4 lease

224

subsection 23(5)

determine application for consent to dealings in a
Division 4 lease

225

subsection 23(6)

requirement to satisfy certain conditions before
granting consent to a dealing in a Division 4 lease

226

subsection 24(1)

advise registrar-general of a Division 4 lease

227

subsection 25(3)

issue a full certificate of compliance for Division 4
leases with building and development provisions

228

subsection 25(4)

issue a partial certificate of compliance for Division 4
leases with building and development provisions

229

subsection 25(8)

issue a certificate of discharge of liability for Division
4 leases that are instalment leases

230

subsection 25(9)

give a copy of a section 25 certificate to registrar-
general

231

subsection 33(5)

determine expenditure incurred by the Commonwealth
and deduct leasing expenses from amount payable in
relation to improvements

232

subsection 34(3)

determine expenditure incurred by the Commonwealth
and deduct surrender and termination expenses from
amount payable in relation to improvements

233

subsections 35(3), (4), (5)

determine market value of improvements, and give
written notice of the decision

234

subsection 37(2)

by written notice, direct a fence to be erected

235

subsection 37(4)

cause a fence to be erected and determine an amount
to be paid for erecting the fence

236

subsection 38(7)

give written notice determining the cost of erecting a
party wall and the proportion to be paid by each lessee

237

subsection 39(1)

ensure continued road access to leased land

238

subsection 40(1)

arrange for survey of land contained in a lease

239

subsection 40(2)

determine reasonable cost of survey

240

subsection 41(1)

assess value of lease or land

241

subsection 41(2)

authorise persons to enter land for the purposes of
subsection 41(1)

242

subsection 41(3)

give a copy of result of assessment to lessee

243

section 42

recover amounts due to the Commonwealth under
Ordinance or a lease as a debt

244

subsection 44(2)

apply to Supreme Court for injunction against use of
leased land for unauthorised purpose

245

subsection 45(7)

determine application to keep 2 or more touring
vehicles

246

subsection 46(2)

determine application to surrender lease or part of
land in lease, subject to conditions

247

subsection 46(4)

authorise a refund of any rent already paid, in
accordance with any rules made

248

subsection 47(4)

determine commencement date of new lease

249

subsection 48(1)

terminate a lease by giving written notice of
termination

250

subsection 48(3)

give a copy of subsection 48(1) termination notice to
registrar-general and parties with registered interest

251

subsection 49(1)

requirements before terminating lease under
subsection 48(1)

252

subsection 49(2)

give written notice of consideration of termination of
lease

253

subsection 49(3)

requirement to give a copy of subsection 49(2) written
notice to parties with registered interest of
consideration of termination of lease

254

subsection 50(2)

give written notice of demand for possession of land

255

subsection 50(3)

apply to Magistrates Court for an order for possession
of land

256

subsection 51(1)

certify in writing of ending of lease due to expiry,
surrender or termination

257

subsection 54(1)

enter upon and inspect certain leased lands to
ascertain compliance where reasonable belief of
contravention

258

subsection 55(2)

give written notice, directing a matter or thing to be
removed from land and land to be restored to a clean
and tidy condition

259

subsection 55(4)

cause a matter or thing to be removed from land and
land to be restored, and recover costs where
contravention of subsection 55(2) notice

260

subsection 56(1)

authorise entry to land in a lease to construct certain
civil works and operate utility services

261

subsection 57(2)

by written notice, request further information in
relation to an application made under the Ordinance

262

subsection 57(4)

refuse to consider application without further
information

263

subsection 72(2)

transitional - give notice of termination of certain
continuing leases in certain circumstances