Australian Capital Territory Numbered Acts

LAND (PLANNING AND ENVIRONMENT) AMENDMENT ACT 2004 (NO. 64 OF 2004) - SECT 4

substitute

178     Refund on lease surrender or termination

    (1)     This section applies if a lease of Territory land is surrendered or terminated under this Act.

    (2)     On application by the person surrendering the lease or the person whose lease has been terminated, the planning and land authority may authorise payment of the amount prescribed under the regulations to the person.

Note     A fee may be determined under s 287 for this provision.

    (3)     The planning and land authority must not authorise the payment of an amount under this section otherwise than in accordance with criteria under subsection (4) for the authorisation of payments.

    (4)     The Minister may, in writing, determine criteria for the authorisation of payments under this section.

Note     The power to make a statutory instrument (including the statement of criteria) includes power to amend or repeal the instrument (see Legislation Act, s 46).

    (5)     A determination is a disallowable instrument.

Note      A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.