Australian Capital Territory National Land (Leased) Minister Delegation 2025
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I, Kristy McBain, Minister for Regional Development, Local Government and Territories make the following instrument.
Dated 4 November 2025
Kristy McBain
Minister for Regional Development, Local Government and Territories
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Contents
1 Name
2 Commencement
3 Authority
4 Revocation of delegation of powers in previous instrument
5 Definitions
6 Delegation of Minister’s powers under the Ordinance
1 Name
This instrument is the Australian Capital Territory National Land (Leased) Minister Delegation 2025.
2 Commencement
This instrument commences on the day it is signed.
3 Authority
This instrument is made under:
(a) section 12(1)(d) of the Seat of Government (Administration) Act 1910; and
(b) section 58 of the Australian Capital Territory National Land (Leased) Ordinance 2022.
4 Revocation of delegation of powers in previous instrument
This instrument revokes the Instrument of Delegation – Australian Capital Territory National Land (Leased) Ordinance 2022.
5 Definitions
In this instrument:
Chief Executive means the Chief Executive of the NCA as referred to in section 45 of the Australian Capital Territory (Planning and Land Management) Act 1988.
Chief Operating Officer means the Chief Operating Officer of the NCA.
Chief Planner means the Chief Planner of the NCA
Director Built Assets means
- the position of Director, Built Assets (EL2) within the NCA; or
- if a position with that title does not exist—the position within the NCA with responsibility for managing the operational and strategic aspects of the NCA’s assets.
Director Estate Management means
(a) the position of Director Estate Management (EL2) within the NCA; or
(b) if a position with that title does not exist—the position within the NCA with responsibility for operationally and strategically managing the NCA estate, including open spaces.
Director Strategic Planning means
(a) the position of Director Strategic Planning (EL2) within the NCA; or
(b) if a position with that title does not exist—the position within the NCA with policy and management responsibility for the National Capital Plan and responsibility for the management of diplomatic leases.
Manager Built Assets means
- the position of Manager Built Assets (EL1) within the NCA; or
- if a position with that title does not exist— the position within the NCA with responsibility for managing the operational aspects of the NCA’s assets.
Manager Open Space means
(a) the position of Manager Open Space (EL1) within the NCA; or
(b) if a position with that title does not exist—the position within the NCA with responsibility for managing the operational aspects of the NCA estate, including open spaces.
NCA means the National Capital Authority established by section 5 of the Australian Capital Territory (Planning and Land Management) Act 1988.
Ordinance means the Australian Capital Territory National Land (Leased) Ordinance 2022.
6 Delegation of Minister’s powers under the Ordinance
The power of the Minister under the provision of the Ordinance specified in column 1 of an item in the following table is delegated to the person occupying, or acting in, the role of position specified in column 2 of the item.
Delegation of Minister’s powers under the Ordinance | ||
Item | Column 1 | Column 2 |
| Provision of the Ordinance (power) | Roles or positions |
1 | Section 10 – Power of the Minister to grant leases
(Power to grant leases.) | Chief Executive Chief Planner Chief Operating Officer
|
2 | Section 12 – Grant of lease for diplomatic purposes
(Power to withdraw the offer or otherwise terminate the person’s right to be granted a lease.) | Chief Executive Chief Planner Chief Operating Officer
|
3 | Section 13 – Review of Ministerial determination of rent
(Power to determine rent following a reconsideration.) | Chief Executive Chief Planner Chief Operating Officer
|
4 | Section 14 – reduction of rent and relief from conditions
(Power to determine an application for a reduction in rent and relief from conditions.) | Chief Executive Chief Planner Chief Operating Officer
|
5 | Section 17 – Process for variation of lease
(Power to determine an application for a variation of lease.) | Chief Executive Chief Planner Chief Operating Officer
|
6 | Section 20 – Minister may remit or refund lease variation charge
(Power to remit or refund a lease variation charge.) | Chief Executive Chief Planner Chief Operating Officer
|
7 | Section 22 – Division 4 leases – restricted periods and dealings
(Power, by notifiable instrument, to exempt a Division 4 lease from the application of the Division in relation to a particular dealing.) | Chief Executive Chief Planner Chief Operating Officer
|
8 | Section 23 – Consent to dealings in Division 4 leases
(Power to provide written consent to provide for dealings in a Division 4 lease.) | Chief Executive Chief Planner Chief Operating Officer
|
9 | Section 24 – Registration of Division 4 leases
(Power to provide advice to the registrar-general regarding a Division 4 lease) | Chief Executive Chief Planner Chief Operating Officer Director Strategic Planning |
10 | Section 25 – Certificates of compliance and discharge liability
(Power to issue full or partial certificates of compliance and discharge of liability in relation to Division 4 leases.) | Chief Executive Chief Planner Chief Operating Officer
|
11 | Section 34 – Payment for improvements where lease surrendered or terminated
(Power to make a deduction from an amount payable to a lessee for any expenditure reasonably incurred by the Commonwealth.) | Chief Executive Chief Planner Chief Operating Officer
|
12 | Section 35 – Determining market value of improvements
(Power to determine the market value of improvements and provide a written notice of the determination.) | Chief Executive Chief Planner Chief Operating Officer
|
13 | Section 37 – Fences
(Power to direct a fence be erected and make any determination required as to costs.) | Chief Executive Chief Planner Chief Operating Officer
|
14 | Section 38 – Party walls
(Power to determine costs of erecting a party wall and the proportion borne by each lessee.) | Chief Executive Chief Planner Chief Operating Officer
|
15 | Section 40 – Survey fees
(Power to arrange for a survey of land contained in a lease and determine payment as to survey costs.) | Chief Executive Chief Planner Chief Operating Officer Director Strategic Planning |
16 | Section 41 – Assessment of value of leases and lands
(Power to assess the value of a lease or the land comprised in a lease and authorise access for that purpose.) | Chief Executive Chief Planner Chief Operating Officer
|
17 | Section 42 – Recovery of amounts owing
(Power to recover a debt due from the lessee to the Commonwealth in a court of competent jurisdiction.) | Chief Executive Chief Planner Chief Operating Officer
|
18 | Section 44 – Injunctions to restrain use of leased land for unauthorised purpose
(Power to apply to the Supreme Court for an injunction to restrain the use of land for an unauthorised purpose.) | Chief Executive Chief Planner Chief Operating Officer
|
19 | Section 45 – Keeping of touring vehicles on land used for residential purposes
(Power to approve an application to keep 2 or more touring vehicles on land used for residential purposes.) | Chief Executive Chief Planner Chief Operating Officer
|
20 | Section 46 – Lessee may surrender lease or part of land in lease
(Power to determine an application to surrender a lease or part of the land comprised in a lease, and determine any refund payable.) | Chief Executive Chief Planner Chief Operating Officer
|
21 | Section 47 – Commencement of further lease granted after surrender of lease
(Power to determine the commencement date of a new lease following the surrender of a lease.) | Chief Executive Chief Planner Chief Operating Officer
|
22 | Section 48 – Minister’s power to terminate lease
(Power, by written notice. to terminate a lease.) | Chief Executive Chief Planner Chief Operating Officer
|
23 | Section 50 – Recovery of lands by Commonwealth
(Power to take action to recover land from an unlawful occupier.) | Chief Executive Chief Planner Chief Operating Officer
|
24 | Section 51 – Evidence of ending of lease
(Power to certify in writing that a lease has expired, or been surrendered or terminated.) | Chief Executive Chief Planner Chief Operating Officer Director Strategic Planning |
25 | Section 54 – Power of entry onto certain leased lands
(Power to enter upon and inspect the land contained in a lease and any improvements on it for the purpose of ascertaining compliance by the lessee.) | Chief Executive Chief Planner Chief Operating Officer Director Estate Management Director Built Assets Manager Built Assets Manager Open Space
|
26 | Section 55 – Leased land to be kept clean
(Power, by written notice, to direct a lessee to remove any matter or thing from the land and to restore the land to a clean and tidy condition; and, in the case contravention of the direction, cause the subject of the direction to be carried out and recover the costs of doing so, on demand, from the lessee.) | Chief Executive Chief Planner Chief Operating Officer Director Estate Management Director Built Assets Manager Open Space Manager Built Assets |
27 | Section 56 – Right to construct civil works and operate services
(Power to authorise the entry of persons onto any land contained in a lease for the purpose of construction of civil works and operate services.) | Chief Executive Chief Planner Chief Operating Officer Director Estate Management Director Built Assets Manager Open Space Manager Built Assets |
28 | Section 57 – Ministerial applications – supply of further information
(Power, by written notice to the applicant, to request further information in relation to an application under this Ordinance.) | Chief Executive Chief Planner Chief Operating Officer
|
29 | Section 59 – Rule-making power
(Power, by legislative instrument, to make rules required or permitted by the Ordinance, or necessary or convenient to be prescribed for carrying out or giving effect to the Ordinance)
| Chief Executive |