Notice under Section 17AA of the City Area Leases Ordinance 1936 as applied by the National Land Ordinance 1989

Overview

The City Area Leases Ordinance 1936 was enacted to provide for the administration of land leases in the Australian Capital Territory, addressing the need for specific regulations to manage leases in urban areas. This ordinance was subsequently applied by the National Land Ordinance 1989, which extended its provisions to the entire national territory, including areas outside the Australian Capital Territory. The legislation aims to provide a framework for the leasing of land in designated city areas, ensuring that such leases are managed in a manner consistent with public interest and regulatory requirements. The determination under Section 17AA of the City Area Leases Ordinance 1936, as applied by the National Land Ordinance 1989, was made by Andrew Smith, a delegate of the Minister for Finance. The policy objective is to ensure that land within specified city areas is dealt with in a manner that aligns with public interest and regulatory standards.

Scope and Application

The determination made under section 17AA of the City Area Leases Ordinance 1936, as applied by the National Land Ordinance 1989, pertains to the specific parcel of land located in the Australian Capital Territory, identified as Block 2 Section 51 Division of Parkes, DP 11489. The decision was authorised by Andrew Smith, acting as a delegate of the Minister for Finance. This determination is made in the public interest, indicating that the land in question will be managed according to the provisions outlined in section 17AA of the CALO. The scope of the Act involves the specified block of land within the defined geographic area, and it is applicable within the Australian Capital Territory as delineated by the Deposited Plan registered by the Registrar-General. The application of the Act does not extend to other areas or land parcels unless specifically referenced in a subsequent determination or legal instrument. The determination itself does not detail any exclusions, exemptions, or thresholds, but it does establish the jurisdictional reach and the specific application of the CALO to the identified land. Any further application or modification of the Act's scope in relation to other lands or areas would require additional legislative or administrative action.

Key Provisions

The primary operative sections of the legislation, specifically section 17AA of the City Area Leases Ordinance 1936 (CALO), as applied by the National Land Ordinance 1989, are concerned with the determination of land management practices in the public interest. This determination, made by Andrew Smith, the delegate of the Minister for Finance, identifies the specific parcel of land in Block 2 Section 51 Division of Parkes, delineated on Deposited Plan (DP) 11489, which is registered by the office of the Registrar-General in the Australian Capital Territory. This section effectively authorises the management and disposal of the specified land according to the provisions set out in section 17AA of the CALO. Under this legislation, the obligations and requirements imposed on the parties or entities governed by it include ensuring that the management of the land is conducted in accordance with the public interest, as determined by the relevant authorities. This includes adhering to any procedures or guidelines set out in the CALO and the National Land Ordinance 1989, which may involve consultation with stakeholders, environmental assessments, or other regulatory requirements. The determination by Andrew Smith, as the delegate of the Minister for Finance, ensures that the land is managed in a manner that aligns with broader public policy objectives, such as urban development, environmental protection, or community benefit. Breach of the provisions outlined in this legislation may result in various civil or criminal consequences. While the specific determination does not outline penalties, breaches of the CALO or the National Land Ordinance 1989 generally can result in fines, imprisonment, or other legal sanctions as prescribed by the respective Acts. For instance, section 32 of the CALO provides for fines of up to $22,200 for breaches, while more severe offences may attract higher penalties. Additionally, any unauthorised use or disposal of land can lead to civil actions for damages or injunctions to prevent further breaches. Therefore, entities and individuals governed by this legislation must ensure full compliance to avoid these potential consequences.