Australian Capital Territory National Land (Leased) Ordinance 2022

Overview

The Australian Capital Territory National Land (Leased) Ordinance 2022 was enacted to provide a comprehensive framework for the management and regulation of leases for National Land within the Australian Capital Territory. This legislation addresses the need for clear and consistent rules governing the grant, variation, and termination of leases, as well as the responsibilities and rights of lessees and the Commonwealth. The Ordinance was enacted under the Seat of Government (Administration) Act 1910 and applies to leases of National Land, which is land within the Australian Capital Territory that continues to be managed by the Commonwealth. The policy objective of this Ordinance is to ensure the effective and lawful use of National Land by providing a structured process for the administration of leases, including the grant, variation, and termination of leases, and the resolution of disputes relating to their use and occupancy. This legislation aims to balance the interests of the Commonwealth, lessees, and other stakeholders in the management of National Land.

Scope and Application

The Australian Capital Territory National Land (Leased) Ordinance 2022 applies to leases of National Land in the Australian Capital Territory (ACT), which is land within the ACT that the Commonwealth continues to manage following the establishment of self-government in the Territory. The Ordinance provides for the grant of leases of National Land, including leases for diplomatic purposes, and sets out the terms and conditions under which these leases are granted, including the maximum lease term of 99 years. The Ordinance applies to all leases of National Land, except for those leases that fall under specific exclusions, such as the management and regulation of the taking of water on National Land. The Ordinance also contains provisions for the review and variation of rent, the variation of lease purposes, and the subleasing of land. It includes mechanisms for the Commonwealth to compensate lessees for improvements made to leased land where the lease expires, is surrendered, or terminated. The Ordinance does not apply to Territory Land, which is land within the ACT that is not National Land, unless specified otherwise. The Ordinance also contains transitional provisions for leases that were in existence when the Ordinance commenced, ensuring continuity in the legal framework governing these leases. The Minister administering relevant sections of the Planning and Land Management Act has the authority to make rules and delegate functions under the Ordinance.

Key Provisions

• The Australian Capital Territory National Land (Leased) Ordinance 2022 (the "Ordinance") sets out the key provisions for the grant, variation, and management of leases for National Land in the Australian Capital Territory (ACT). The Ordinance applies to leases granted under the old law (i.e., the National Land Ordinance 1989) and to any new leases granted under the Ordinance. The main operative sections include the grant of leases, rent review and relief from lease obligations, lease variations, restrictions on dealing with certain leases, subleasing, improvements, shared infrastructure and access, financial matters relating to leases, use of land for unauthorised purposes, surrender of leases, termination of leases, and general provisions applying to leases.
• The Ordinance imposes obligations on the parties involved in the lease of National Land. For instance, the Minister administering Part II of the Planning and Land Management Act is responsible for managing the areas of National Land designated as land required for the special purposes of Canberra as the National Capital. The National Capital Authority (NCA) is responsible for managing other areas of National Land. The Minister has the power to grant leases of National Land, subject to certain conditions, such as consistency with the National Capital Plan and a maximum lease term of 99 years. The Minister may also cancel, vary, or combine the methods for granting leases, and may restrict eligibility for the grant of a lease to a specified class of people.
• The Ordinance imposes several requirements on the parties involved in the lease of National Land. For example, the lessee must not use the leased land for a purpose other than a purpose authorised by the lease. If the land is used for an unauthorised purpose, the Minister or anyone whose interests are affected may apply to the Supreme Court for an injunction to restrain the use of the land for the unauthorised purpose. Additionally, the lessee must keep the land clean, tidy, and free from debris, rubbish, and other unsightly or offensive matter.
• The Ordinance also provides for offences, penalties, and civil/criminal consequences for breach. For instance, a person who contravenes the provisions relating to the keeping of touring vehicles on residential land is liable to a penalty of 1 penalty unit for each day of the contravention. A person who contravenes the provisions relating to the use of land for unauthorised purposes may be subject to an injunction by the Supreme Court. Furthermore, if an amount is owing by a lessee under the Ordinance or a lease, the Minister may recover the amount as a debt due from the lessee to the Commonwealth in a court of competent jurisdiction.
• In summary, the Australian Capital Territory National Land (Leased) Ordinance 2022 sets out the key provisions for the grant, variation, and management of leases for National Land in the ACT. The Ordinance imposes obligations and requirements on the parties involved in the lease of National Land and provides for offences, penalties, and civil/criminal consequences for breach.

Legal classification tags

Area of Law

Property Law

Commercial Law

Instrument

Legislative Instrument

Concepts

Definitions & Interpretation

Commencement Provisions

Regulatory Standards

Civil Penalty Provisions

Delegation

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Reporting & Disclosure Obligations