Notice under Section 17AA of the City Area Leases Ordinance 1936 as applied by the National Land Ordinance 1989 – Blocks 4 and 5 Section 38 Campbell

Overview

The City Area Leases Ordinance 1936, as amended and applied by the National Land Ordinance 1989, was enacted to address the administration and management of land leases in the Australian Capital Territory, ensuring efficient use and development of land in urban areas. This legislation was introduced to fill the gap left by the need for a comprehensive legal framework governing city area leases, providing clarity and direction for both public and private interests in land management within the capital. The policy objective behind the ordinance is to facilitate orderly and beneficial use of land, ensuring that development aligns with public interest and governmental planning objectives. In this context, the determination under Section 17AA of the City Area Leases Ordinance 1936, as applied by the National Land Ordinance 1989, was made by Matthew Whitfort, a delegate of the Minister for Finance, to specify the land that should be managed under the provisions of the ordinance. This determination was made to ensure that the specified land in Blocks 4 and 5, Section 38, Division of Campbell, is dealt with appropriately in the public interest, as delineated on the Deposited Plan registered by the office of the Registrar-General in the Australian Capital Territory.

Scope and Application

This legislation pertains to a determination made under section 17AA of the City Area Leases Ordinance 1936, as applied by the National Land Ordinance 1989, in relation to specific land blocks within the Australian Capital Territory. The determination was issued by Matthew Whitfort, an appointed delegate of the Minister for Finance, and concerns Blocks 4 and 5, Section 38, in the Division of Campbell. The decision was made in the public interest and is delineated on a Deposited Plan registered with the Registrar-General in the Australian Capital Territory. The scope of this Act applies directly to the specified land blocks, potentially impacting any leaseholders, occupiers, or interested parties associated with these blocks. The geographic reach is limited to the Australian Capital Territory, as it applies to the land within this jurisdiction. There are no explicit exclusions, exemptions, or thresholds mentioned in this particular determination, though the application of the City Area Leases Ordinance 1936 may encompass further stipulations or conditions via subordinate instruments. This determination facilitates the management and potential disposition of the specified land in accordance with the legislative framework provided by the CALO as applied by the National Land Ordinance 1989.

Key Provisions

The main operative sections of this legislation, as referenced in section 17AA of the City Area Leases Ordinance 1936 (CALO) as applied by the National Land Ordinance 1989, are pivotal in determining the disposition of the specified land areas in Blocks 4 and 5, Section 38 Division of Campbell. The determination, made by MATTHEW WHITFORT, a delegate of the Minister for Finance, mandates that the land be dealt with under section 17AA of the CALO, highlighting the public interest as the underlying justification for this decision (Section 17AA). This determination is further delineated on the Deposited Plan (DP) registered by the Registrar-General in the Australian Capital Territory, ensuring that the exact areas of land are clearly defined and documented (Section 2). The Act imposes specific obligations on the parties or entities it governs, primarily focusing on the transparent and public-interest-driven management of the specified land areas. The determination requires these areas to be handled in accordance with the CALO, which likely includes provisions for leasing, management, or development of the land. The role of the delegate of the Minister for Finance is to ensure that the land is dealt with in a manner that aligns with the public interest, as articulated in the determination (Section 17AA). This process ensures that the land is not only managed effectively but also in a way that benefits the broader community. In terms of breaches, the Act does not explicitly outline specific offences or penalties within the provided text. However, given that the determination is made under the authority of the CALO and the National Land Ordinance 1989, any non-compliance with the provisions of these Acts could result in legal consequences. These might include civil penalties for failing to adhere to the specified management or leasing requirements, or criminal penalties if the breach is deemed to be of a more serious nature. The exact penalties would be determined by the relevant sections of the CALO and the National Land Ordinance 1989, and could range from fines to more severe sanctions depending on the nature and severity of the breach. The consequences of breaching the provisions of the CALO or the National Land Ordinance 1989 could therefore be significant, potentially impacting not only the entities directly involved but also the broader community that stands to benefit from the proper management of these land areas. The determination underscores the importance of adhering to the legislative framework in place to ensure that the land is managed in a way that truly serves the public interest, with the potential for legal action serving as a deterrent against non-compliance. This legislative approach ensures that the land is used in a manner that is both beneficial and responsible, reflecting the high standards expected under Australian law.