Australian Capital Territory Numbered Acts

PLANNING AND DEVELOPMENT (UNIVERSITY OF CANBERRA AND OTHER LEASES) LEGISLATION AMENDMENT ACT 2015 (NO. 19 OF 2015) - SECT 122

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17A     Unit title applications—land under declared land sublease

    (1)     This section applies to an application to the planning and land authority for approval of the subdivision of a parcel of land under a declared land sublease.

    (2)     The Crown lessee must consent, in writing, to the application.

    (3)     For subsection (2)—

        (a)     the sublessee must request the Crown lessee's consent, in writing; and

        (b)     within 10 working days after receiving the request, or any longer period agreed by the sublessee and Crown lessee, the Crown lessee may, in writing, ask the sublessee to give the Crown lessee information about the following:

              (i)     the proposed subdivision of the land;

              (ii)     the use of the units in the units plan; or

        (c)     if the Crown lessee has mortgaged the land under the Crown lease and the consent of the Crown lessee's mortgagee is required under the mortgage to the application—

              (i)     the Crown lessee must—

    (A)     tell the Crown lessee's mortgagee that the request by the sublessee has been made and of the terms of the request; and

    (B)     if asked by the mortgagee—ask the sublessee for the information mentioned in paragraph (b) and give the information to the mortgagee; and

              (ii)     the Crown lessee's mortgagee must consent or refuse consent (including reasons for the refusal), in writing, to the Crown lessee and the sublessee within 10 working days after—

    (A)     being told about the sublessee's request; or

    (B)     if the mortgagee asks for information under paragraph (c) (i) (B)—receiving the information; and

              (iii)     the Crown lessee must consent or refuse consent (including reasons for the refusal), in writing, to the sublessee; and

        (d)     if paragraph (c) does not apply—the Crown lessee must consent or refuse consent (including reasons for the refusal), in writing, within 10 working days after—

              (i)     receiving the sublessee's request; or

              (ii)     if the Crown lessee asks for information under paragraph (b)—receiving the information; and

        (e)     the sublessee is responsible for the reasonable costs of the Crown lessee, and the Crown lessee's mortgagee, in making a decision about whether to consent to the unit title application (not including any costs incurred in relation to an order under subsection (4) (c) (ii)).

Note     If no time is provided for doing a thing under this subsection, the thing must be done as soon as possible (see Legislation Act

, s 151B).

    (4)     For subsection (3) (c) and (d)—

        (a)     a person to whom a request for consent is made (the request receiver ) is taken to have consented to the unit title application if the request receiver does not consent or refuse consent within the relevant period mentioned in subsection (3) (c) (ii) and (d); and

        (b)     a request receiver may only refuse consent if the request receiver has reasonable grounds for believing—

              (i)     the proposed subdivision of the land, or the use of the units in the units plan, will not be compatible with other sublessees under the Crown lease; or

              (ii)     the sublessee is in breach of the sublease; and

        (c)     if a request receiver refuses consent—

              (i)     the sublessee may apply to the Magistrates Court for an order that the request receiver has refused consent otherwise than in accordance with this section; and

              (ii)     if the Magistrates Court is satisfied the request receiver has refused consent otherwise than in accordance with this section, the Court must order that the request receiver is taken to have consented to the request.