Australian Capital Territory Numbered Acts

LAND (PLANNING AND ENVIRONMENT) (NO. 85 OF 1996) - SECT 35

35. Section 172 of the Principal Act is amended—

    (a)     by omitting paragraph (a);

    (b)     by omitting from paragraph (b) “the lessee” and substituting “the holder of a lease of Territory Land other than a residential lease or a rural lease”;

    (c)     by adding at the end of paragraph (b) “for the same purposes”;

    (d)     by omitting paragraphs (d) and (e);

    (e)     by omitting from paragraph (f) “and”;

    (f)     by omitting paragraph (g) and substituting the following paragraphs:

    “(g)     the lessee pays the fee calculated pursuant to the determination under subsection (2); and

        (h)     the lessee surrenders the existing lease;”;

    (g)     by omitting all the words after “land” (last occurring) and substituting “for the same purposes for a term not exceeding 99 years to commence on the day immediately following the date of surrender of the existing lease”; and

    (h)     by adding at the end the following subsections:

“(2) The Minister may make a determination for the purposes of paragraph (1) (g).

“(3) If the term of a further lease granted under subsection (1) does not exceed the term of the existing lease, the fee payable under paragraph (1) (g) shall not exceed the cost of granting the lease.

“(4) A determination under subsection (2) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989 .”.