Notice under Section 17AA of the City Area Leases Ordinance 1936 as applied by the National Land Ordinance 1989 - Block 16 Section 10 Division of City DP 11234

Overview

The determination issued under Section 17AA of the City Area Leases Ordinance 1936, as applied by the National Land Ordinance 1989, was enacted to address a specific administrative need regarding the management of land within the Australian Capital Territory. The legislation allows for the regulation of city area leases, ensuring that land is managed in a way that aligns with public interest and governmental objectives. This particular determination was signed by Andrew Smith, as a delegate of the Minister for Finance, on the 15th day of February 2017, signifying the government's intent to utilise section 17AA of the CALO for the specified land area. The policy objective behind this enactment is to facilitate effective and public interest-driven land management practices, ensuring that the land in question is utilised in accordance with broader governmental and public objectives.

Scope and Application

The City Area Leases Ordinance 1936, as applied by the National Land Ordinance 1989, applies to the specified areas of land within the Australian Capital Territory. The determination under section 17AA of the CALO, signed by Andrew Smith, designates particular land parcels for management in the public interest. The enactment applies geographically within the Australian Capital Territory, where the land parcels are delineated on a specific Deposited Plan registered by the office of the Registrar-General. The determination identifies Block 16 Section 10 Division of City on Deposited Plan 11234 as the specific land to be managed under the ordinance. The legislation does not explicitly mention exclusions, exemptions, or thresholds, but it is noted that the application extends to the defined parcels of land for public interest purposes. The scope of the Act may be further detailed or extended through subordinate instruments, although such details are not provided in the determination itself.

Key Provisions

The key operative sections of the determination, as referenced in section 17AA of the City Area Leases Ordinance 1936, provide that the land specified will be dealt with under this section of the Ordinance. This means that the land, which is located in Block 16 Section 10 Division of City, DP 11234, will be managed and controlled according to the provisions outlined in section 17AA. The specific details of this management are delineated in the Deposited Plan registered by the office of the Registrar-General in the Australian Capital Territory. The determination imposes certain obligations and requirements on the parties or entities that govern the specified land. Firstly, it establishes the authority of the delegate of the Minister for Finance, Andrew Smith, to make this determination in the public interest. The land will now be subject to the provisions of section 17AA of the City Area Leases Ordinance 1936, meaning that any lease, sub-lease, or other interest in the land will need to comply with these provisions. Additionally, the determination ensures that the land will be managed according to the terms outlined in the Deposited Plan registered by the Registrar-General. In terms of offences, penalties, or civil/criminal consequences for breach, the legislation does not specify any particular sanctions within the determination itself. However, it is likely that any failure to comply with the provisions of section 17AA of the City Area Leases Ordinance 1936, as applied by this determination, could result in legal action being taken against the parties or entities responsible. The specific penalties for such breaches would depend on the nature and severity of the non-compliance, as well as any relevant case law or legal precedents that may be applicable. It is important to note that the determination does not provide any explicit maximum penalties for breach, but it does establish the legal framework within which any potential penalties would be determined. Overall, the determination under section 17AA of the City Area Leases Ordinance 1936 provides a clear and specific set of provisions for the management and control of the specified land. It outlines the obligations and requirements of the parties or entities involved, as well as the potential consequences for any failure to comply with the provisions of the Ordinance. While the determination does not provide explicit maximum penalties for breach, it does establish the legal framework within which any potential penalties would be determined, should non-compliance occur.