Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts173. (1) In this section—“improvement” means a building or a structure but does not include a building or structure, or a part of a building or structure—
(a) that has been constructed, erected or installed without an approval or authorisation required under a law of the Territory; or
(b) that has been constructed, erected or installed at the cost of the Territory or the Commonwealth unless the Territory or the Commonwealth has received, or is entitled to receive, payment for the building, structure or part;
(2) Where, upon the expiration of the term of a lease of Territory Land upon which there are improvements, the lessee is granted a further lease of that land or any part of it, he or she shall not be liable to make any payment to the Executive for the improvements on the land or part of the land, as the case may be.
(3) Subject to subsections (4) and (8), where, upon the expiration of the term of a lease of Territory Land upon which there are improvements, the lessee is not granted a further lease of the land, or is granted a lease of part only of the land, the Executive shall be liable to pay the lessee—
(a) where no further lease of the land is granted to the lessee—the amount determined by the Minister to be the value of the improvements on the land; or
(b) where a further lease of part only of the land is granted to the lessee—the amount determined by the Minister to be the value of the improvements on the part of the land not so leased.
(4) If, prior to the expiration of the term of a lease of Territory Land, the Executive declares the land comprised in the lease, or any part of it, to be available for lease and the lessee does not, before the expiration of 6 months after the expiration of the term, elect to take a further lease of the land or part, there shall be deducted from the amount payable to the lessee under this section the amount of such expenditure as the Executive reasonably incurs in connection with the grant to any other person of a lease of that land or part.
(5) Subject to subsections (6), (7) and (8), where a lease is terminated or surrendered the provisions of this section relating to the payment to the lessee of the value of the improvements on the land comprised in the lease 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 termination or surrender.
(6) Subsection (5) applies in respect of a lease only if the lessee has fully complied with the provisions (if any) of the lease relating to the erection of a building on the land comprised in the lease.
(7) There shall be deducted from any sum payable pursuant to subsection (5) in respect of the value of improvements on the land comprised in a lease which has been terminated or surrendered the amount of such expenditure as the Minister determines has been incurred by the Territory in connection with the termination or surrender of the lease and the grant (if any) of a further lease of the land or any part of it.
(8) Subsections (3) and (5) apply in respect of a lease subject to any provisions of the lease that preclude or limit the right of the lessee to payment in respect of improvements on the land comprised in the lease.