Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsinsert
221 Prescribed matters in land sublease—Act, s 308 (7)
(1) A land sublease must—
(a) if the sublease is a declared land sublease—state that it is a declared land sublease; and
(b) include a purpose clause consistent with the Crown lease under which the sublease is granted; and
(c) state the commencement date and term of the sublease; and
(d) include a plan of the land—
(i) prepared in accordance with any relevant practice direction under the Surveyors Act 2007
, section 55; and
(ii) signed by the surveyor-general; and
(e) include a provision dealing with termination of the sublease, including breach of the sublease, that is fair and equitable between the parties having regard to the parties' circumstances and the nature and circumstances of the termination; and
(f) include a provision dealing with the resolution of disputes between the parties in relation to the sublease, that is fair and equitable between the parties having regard to the parties' circumstances and the nature and circumstances of the dispute; and
(g) include or be accompanied by—
(i) a written statement from relevant utility providers that the utility services are available to the land under the land sublease; and
(ii) plans in accordance with any relevant Australian Standard showing that the utility services are available to the land under the land sublease; and
(h) include or be accompanied by plans in accordance with any relevant Australian Standard showing that satisfactory road access for municipal services is available to the land under the land sublease.
Examples—municipal services
waste removal and recycling services, fire and other emergency services
Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
(2) For this section, a utility service is available to the land under a land sublease if the service can be connected at the boundary of the land sublease to enable the service to be provided on the land under the land sublease.
(3) In this section:
"electricity services" means the services described in the Utilities Act 2000
"gas services" means the services described in the Utilities Act 2000
"sewerage services" means the services described in the Utilities Act 2000
"telecommunications network"—see the Telecommunications Act 1997
(Cwlth), section 7.
"telecommunications services" means communications carried by a telecommunications network.
"utility services "means electricity services, gas services, sewerage services, telecommunication services and water services.
water services means the services described in the Utilities Act 2000