Australian Capital Territory Numbered Acts

PLANNING AND DEVELOPMENT (UNIVERSITY OF CANBERRA AND OTHER LEASES) LEGISLATION AMENDMENT ACT 2015 (NO. 19 OF 2015) - SECT 94

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Part 9.13     Declared subleases of land

312B     Declared Crown leases

    (1)     The Minister and another Minister may together declare a prescribed Crown lease to be a declared Crown lease if it is in the public interest.

    (2)     In deciding whether it is in the public interest to make a declaration, the Ministers must consider the following:

        (a)     whether making the declaration is likely to encourage development of the land under the declared Crown lease that has a substantial benefit to the ACT community;

        (b)     whether making the declaration would cause any disadvantage to the ACT community taking into account potential uses of the land under the declared Crown lease that are consistent with the territory plan

, whether or not those uses are authorised by the lease;

        (c)     whether any development of part of the land under the declared Crown lease is likely to be part of a larger development and, if so, what that development will involve;

        (d)     whether making the declaration is likely to encourage development of the land under the declared Crown lease that is likely to have a substantial effect on the achievement or development of the object of the territory plan

as set out in the statement of strategic directions and objectives for each zone that applies to the land under the declared Crown lease;

        (e)     whether making the declaration raises a major policy issue.

    (3)     A declaration is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act

.

    (4)     A declaration—

        (a)     may only be amended or revoked to correct an error and if a declaration is amended, or revoked and a new declaration made, the amendment or new declaration may commence retrospectively; and

        (b)     continues to apply in relation to a Crown lease that was a prescribed Crown lease when the declaration was made even if the Crown lease stops being a prescribed Crown lease.

    (5)     The planning and land authority must give the registrar-general a copy of the declaration.

    (6)     In this section:

"prescribed Crown lease" means—

        (a)     a perpetual Crown lease held by the University of Canberra; or

        (b)     a perpetual Crown lease held by the Australian National University prescribed by regulation.

312C     Meaning of declared land sublease

    (1)     In this Act:

"declared land sublease"—

        (a)     means a land sublease under a declared Crown lease; and

        (b)     includes any new land sublease granted by the Crown lessee to the sublessee over the land under a surrendered or expired declared land sublease.

    (2)     In this section:

"declared Crown lease"—see section 312B (1).