Australian Capital Territory Current Acts

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PLANNING ACT 2023 - SECT 256

Definitions—ch 10

In this chapter:

"building and development provision", in relation to a lease, means a provision of the lease that requires the lessee to undertake stated works on the land described in the lease or on unleased land.

"consolidation" means the surrender of 2 or more leases held by the same lessee and the grant of a new lease or leases to the lessee to consolidate the parcels of land described in the surrendered leases.

"lessee" means the person who is the proprietor of a lease, whether or not the person is the registered proprietor of the lease, and regardless of how the person became the proprietor of the lease.

"market value", of a lease, means the amount that could be expected to be paid for the lease on the open market if it were sold by a willing but not anxious seller to a willing but not anxious buyer.

"provision", of a lease, includes a provision incorporated in the lease by reference and any other provision to which the lease is subject.

"registered proprietor", in relation to a lease, means the person who is registered under the Land Titles Act 1925

as proprietor of the lease.

"rental lease" means a lease for rent that is more than a nominal rent.

"residential lease" means a lease that authorises only residential use of the land described in the lease.

"rural lease" means a lease granted for a rural purpose or purposes including a rural purpose.

"single dwelling house lease "means a lease granted under section 266 (1) (f).

"subdivision"—

        (a)     means the surrender of 1 or more leases held by the same lessee, and the grant of new leases to the lessee to subdivide the parcel or parcels of land in the surrendered lease or leases; but

        (b)     does not include the subdivision of land—

              (i)     under the Unit Titles Act 2001

; or

              (ii)     by the grant of a sublease.

"sublease" means a sublease of—

        (a)     a parcel of land, or part of a parcel of land, subject to a lease; or

        (b)     a building, or part of a building, on a parcel of land subject to a lease.



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