Leases (Amendment) Ordinance 1998 (Jervis Bay Territory)

Overview

The Jervis Bay Territory Leases (Amendment) Ordinance 1998 was enacted to address the need for updating the delegation of authority concerning lease conditions within the Jervis Bay Territory. This legislative instrument amends the Leases Ordinance 1992, providing a framework for the Minister to delegate certain powers to specified authorities and officers. The ordinance was made under the Jervis Bay Territory Acceptance Act 1915 by the Governor-General, with advice from the Federal Executive Council, and it commenced upon gazettal. The primary policy objective is to streamline the administrative process by allowing the Minister to delegate certain powers, facilitating more efficient governance of leases in the Jervis Bay Territory. This amendment specifically removes the reference to an officer of the Department authorised by the Minister from section 21 and introduces a new section 23B to provide clarity on the delegation of powers.

Scope and Application

The Leases (Amendment) Ordinance 1998 applies to the Jervis Bay Territory and amends the Leases Ordinance 1992, primarily by altering the conditions under which leases may be granted and modifying the delegation of the Minister's powers. This legislative instrument is effective from the moment of its gazettal and is made under the Jervis Bay Territory Acceptance Act 1915. The Ordinance specifically targets the Minister for Regional Development, Territories and Local Government, public authorities of the Commonwealth, New South Wales, and the Australian Capital Territory, as well as officers and employees of these entities. It excludes the power to make regulations from the delegation powers of the Minister. The geographic reach of this Act is confined to the Jervis Bay Territory, impacting all leases within this jurisdiction. The Ordinance introduces a new section allowing the Minister to delegate certain powers to specified authorities or officers, thereby extending the application of the Act through subordinate instruments where necessary.

Key Provisions

The Jervis Bay Territory Leases (Amendment) Ordinance 1998 primarily revises the existing Leases Ordinance 1992 by removing the authority for an officer of the Department authorised by the Minister to determine the conditions of the grant of leases (section 4). This change centralises the power to determine lease conditions directly with the Minister, ensuring a higher level of control and oversight. Additionally, the Ordinance introduces a new section 23B, which allows the Minister to delegate certain powers under the Ordinance to specified authorities or officers (section 5). These delegated powers can be assigned to public authorities of the Commonwealth, New South Wales, or the Australian Capital Territory, or to officers or employees of these entities. Under the amended Leases Ordinance 1992, the Minister's obligations now include the exclusive authority to determine lease conditions, with a formal delegation process outlined in section 23B. This delegation process must be documented in signed writing and can be assigned to public authorities or officers of the Commonwealth, New South Wales, or the Australian Capital Territory. The Minister must ensure that the delegated entities or individuals are appropriately authorised to exercise these powers. The Ordinance does not explicitly outline specific offences, penalties, or consequences for breaches within its text. However, the enforcement of the amended provisions would likely fall under the general legal frameworks governing administrative actions and delegations within the Jervis Bay Territory. Any improper delegation or misuse of authority could potentially be challenged under administrative law principles, leading to judicial review or other remedies available under applicable legislation.