Australian Capital Territory Numbered Acts

LAND (PLANNING AND ENVIRONMENT) (NO. 85 OF 1996) - SECT 37

37. Section 173 of the Principal Act is amended—

    (a)     by omitting from subsection (1) the definition of “improvement” and substituting the following definition:

“ ‘improvement', in relation to land, means—

        (a)     a building or a structure on the land; or

        (b)     in relation to land held under a rural lease—

              (i)     a building or structure on or under the land; or

              (ii)     any improvement to the land reasonably undertaken for rural purposes;”;

    (b)     by inserting in subsection (1) the following definition:

“ ‘undertaken', in relation to an improvement that is a building or structure, means the construction, erection or installation of the building or structure;”;

    (c)     by inserting after subsection (1) the following subsection:

“(1A) This section applies only to the following improvements to land:

        (a)     an improvement undertaken in a manner consistent with the law of the Territory, and with any lease over the land, except—

              (i)     an improvement undertaken by the Territory or the Commonwealth (subject to paragraph (b)); or

              (ii)     an improvement acquired by the Territory or the Commonwealth (subject to paragraph (c));

        (b)     an improvement undertaken by the Territory or the Commonwealth, where the Territory or the Commonwealth has received, or is entitled to receive, payment for that improvement;

        (c)     an improvement acquired by the Territory or the Commonwealth, where the Territory or the Commonwealth has received, or is entitled to receive, payment for the improvement.”;

    (d)     by inserting in subsection (2) “to which this section applies” after “improvements” (first occurring);

    (e)     by inserting in subsection (3) “to which this section applies” after “improvements” (first occurring);

    (f)     by inserting in paragraph (3) (b) “to which this section applies” after “improvements”;

    (g)     by inserting after subsection (5) the following subsection:

“(5A) Subject to subsections (6) and (8), if, prior to the expiration of the term of a lease of Territory land, the Executive withdraws all or part of the leased land from the lease pursuant to a provision of the lease, the provisions of this section relating to the payment to the lessee of the value of the improvements on the land upon the expiration of the term shall (so far as applicable) apply as if the term of the lease had expired on the day of the withdrawal.”;

    (h)     by inserting in subsection (6) “or (5A)” after “(5)”; and

    (i)     by omitting from subsection (8) “and (5)” and substituting “, (5) and (5A)”.