Australian Capital Territory Numbered Regulations

PLANNING AND DEVELOPMENT REGULATION 2008 (NO 2 OF 2008) - REG 110

    (1)     The criteria for the direct sale of a lease of public land (the proposed lease ) to the lessee of a lease (the existing lease ) that is contiguous with the proposed lease are that the planning and land authority is satisfied that—

        (a)     the grant of the proposed lease will—

              (i)     rectify an existing encroachment on the proposed lease by a building or structure on the existing lease for the purpose of consolidating the proposed and existing leases for subdivision under the Unit Titles Act 2001 ; or

              (ii)     facilitate the achievement of a good planning outcome; and

Example—good planning outcome

the incorporation of several small areas of unleased land into an existing lease to improve the use and maintenance of the land and to rationalise the land custodian's responsibilities in relation to land in areas near the lease

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, s 126 and s 132).

        (b)     because of the size, location or configuration of the proposed lease, it is not reasonable or viable to grant the proposed lease as a separate independent lease; and

        (c)     the grant of the proposed lease—

              (i)     will not detract from the amenity of the surrounding area; and

              (ii)     will promote better land management; and

              (iii)     will not unreasonably restrict public access to other land.

Note     Public land —see the Act, dictionary.

    (2)     In this section:

"encroachment" includes a projection at, above or below ground level.