COMMONWEALTH OF AUSTRALIA
DEPARTMENT OF FINANCE
Notice under Section 17AA of the City Area Leases Ordinance 1936 as applied by the National Land Ordinance 1989
Determination
(1) Pursuant to section 17AA of the City Area Leases Ordinance 1936 (“CALO”) as applied by the National Land Ordinance 1989, I, Rachel Manley, delegate of the Minister for Finance, determine that the land specified in paragraph 2 below should, in the public interest, be dealt with under section 17AA of the CALO.
(2) The following areas of land, delineated on the specific Deposited Plan (“DP”) registered by the office of the Registrar-General in the Australian Capital Territory:
- Block 2 Section 4 Division of Parkes, DP 11490
b. Block 9 Section 3 Division of Parkes, DP 11491
c. Block 8 Section 3 Division of Parkes, DP 11491
d. Block 3 Section 23 Division of Parkes, DP 11489
Signed by
…………………………………..
Rachel Manley
A/g Assistant Secretary
Department of Finance
Dated this 2nd day of June 2017
Overview
The City Area Leases Ordinance 1936, as applied by the National Land Ordinance 1989, addresses issues related to the management and disposition of land within city areas, particularly in the context of national interests. The 1936 Ordinance was enacted to provide a framework for the administration of leases over land within the city area, while the 1989 Ordinance applies this framework to national land. In the public interest, and pursuant to section 17AA of the CALO, a determination has been made by Rachel Manley, acting as a delegate of the Minister for Finance. The determination specifies particular blocks of land in the Division of Parkes, which are to be dealt with under the Ordinance, as detailed in the registered Deposited Plans. This legislative action aims to ensure that the designated land is managed in accordance with the relevant statutory provisions, thereby facilitating appropriate land use and development within the national interest.
Scope and Application
This legislative notice under Section 17AA of the City Area Leases Ordinance 1936, as applied by the National Land Ordinance 1989, applies to the specified areas of land in the Australian Capital Territory. The determination was made by Rachel Manley, acting as a delegate of the Minister for Finance, and pertains to the public interest in managing certain parcels of land within the Division of Parkes. These parcels are detailed and registered with the Registrar-General in the Australian Capital Territory, with their specific locations identified by the referenced Deposited Plans. The Act allows for the application of certain provisions of the City Area Leases Ordinance 1936 to these areas of land, enabling the government to take necessary actions for the benefit of the public. While the primary focus of this notice is the application of the relevant legislative framework to these parcels, it does not explicitly mention any exclusions, exemptions, or thresholds. The scope of application may, however, be further defined or extended through subordinate instruments or subsequent legislation.
Key Provisions
The key operative sections of this legislation, specifically under Section 17AA of the City Area Leases Ordinance 1936 as applied by the National Land Ordinance 1989, involve the determination by the Minister for Finance's delegate, Rachel Manley, that certain specified land areas are to be dealt with under Section 17AA of the CALO (paragraphs 1 and 2). This determination is made in the public interest and pertains to specific land areas delineated on Deposited Plans registered by the Registrar-General in the Australian Capital Territory. The land areas in question include Block 2 Section 4 Division of Parkes, DP 11490; Block 9 Section 3 Division of Parkes, DP 11491; Block 8 Section 3 Division of Parkes, DP 11491; and Block 3 Section 23 Division of Parkes, DP 11489.
The obligations imposed by this Act primarily rest with the delegate of the Minister for Finance, who is responsible for making the determination that the specified land areas should be dealt with under Section 17AA of the CALO. This involves ensuring that the decision is made in the public interest, which may include considering factors such as public benefit, land use, and potential impacts on stakeholders. The delegate must also ensure that the determination is properly documented and communicated, which is evident in the signed and dated notice provided by Rachel Manley.
There are no explicit offences, penalties, or consequences mentioned within the text of the legislation itself. However, breaches of the City Area Leases Ordinance 1936 or the National Land Ordinance 1989, which the determination is based on, could potentially lead to civil or criminal liability depending on the specific provisions of those Acts. The penalties for breaches of these Acts can vary widely and may include fines, imprisonment, or other sanctions as stipulated by the relevant legislation. It is important to refer to the specific provisions of the City Area Leases Ordinance 1936 and the National Land Ordinance 1989 to understand the full scope of potential consequences for non-compliance.