Australian Capital Territory Numbered Acts

LAND (PLANNING AND ENVIRONMENT) ACT (NO. 100 OF 1991) - SECT 212

212. (1) Where the Executive makes a decision—

        (a)     for the purposes of subsection 167 (3) that a person is not eligible to be a lessee under a lease included in a class of leases specified under paragraph 167 (1) (a);

        (b)     refusing to consent under subsection 167 (5) to—

              (i)     the assignment or transfer of a lease;

              (ii)     the subletting of the land comprised in a lease or any part of it; or

              (iii)     a lessee parting with possession of the land comprised in a lease or any part of it;

        (c)     to terminate, under subsection 170 (1), the right of a person to the grant of a lease;

        (d)     refusing to grant a further lease of Territory Land under section 171 or 172;

        (e)     determining the amount payable under section 184 in respect of the increase in the value of a lease that would result from a proposed variation of the lease;

        (f)     to terminate a lease under subsection 188 (1); or

        (g)     to terminate a licence under subsection 188 (3);

the Executive shall, within 28 days of the decision, cause a notice in writing of the decision to be given to the applicant, lessee, licensee or person entitled, as the case requires.

(2) Where the Minister makes a decision—

        (a)     under subsection 177 (3) confirming a variation of rent, or setting a variation of rent aside and substituting another variation;

        (b)     under section 174 determining the value of improvements;

        (c)     refusing to authorise, under subsection 178 (1), the payment of an amount in respect of the surrender or termination of a lease;

        (d)     refusing to issue, under subsection 179 (1), a certificate that a building and development provision of a lease has been fully complied with; or

        (e)     refusing to consent, under subsection 180 (2), to a legal or equitable assignment or transfer of a lease or an interest in a lease;

he or she shall, within 28 days of the day of the decision, cause a notice in writing of the decision to be given to the lessee, former lessee or applicant, as the case requires.

(3) A notice under subsection (1) or (2) shall—

        (a)     include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1989 , an application may be made to the Australian Capital Territory Administrative Appeals Tribunal for a review of the decision; and

        (b)     except where subsection 26 (11) of that Act applies—include a statement to the effect that the person to whom the notice is given may request a statement pursuant to section 26 of that Act.

(4) The validity of a decision referred to in subsection (1) or (2) is not to be taken to be affected by a failure to comply with subsection (3).