Australian Capital Territory Repealed Acts

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This legislation has been repealed.

CITY AREA LEASES ACT 1936 - SECT 20

20. (1) In this section— “lessee” has the same meaning as in section 19A; “market value”, in relation to improvements on land, means the amount by which the improvements increase the value of the lease of the land, assuming that the lease, together with the improvements, were offered for sale at a bona fide sale on the day immediately before the prescribed date on such reasonable terms and conditions as a bona fide seller would require; “prescribed date” means, in relation to land the lease of which has expired or has been determined or surrendered, the date of expiry, determination or surrender, as the case requires.

(2) Where compensation is payable under section 19A in respect of improvements, the Minister shall, as soon as practicable after the date that is the prescribed date in relation to land, by instrument in writing determine, in accordance with this section, the market value of the improvements on the land as at the prescribed date.

(3) Where the compensation is payable by virtue of subsection 19A (2) the Minister shall, in valuing the improvements, assume that the lease of land had been renewed subject to the same convenants and conditions, and for the same term, as the lease the term of which had expired.

(4) Where the compensation is payable by virtue of subsection 19A (4), the Minister shall, in valuing the improvements, assume that the lease of the land had not been determined or surrendered.

(5) Application may be made to the Tribunal for a review of a decision of the Minister determining the value of improvements under this section.

(6) Where the Minister makes a decision determining the value of improvements under this section, the Minister shall, not later than 30 days after the date of the decision, cause a notice in writing to be given to the lessee—

        (a)     giving the reasons for the decision; and

        (b)     including a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1989 , the lessee is entitled to apply to the Tribunal for a review of the decision.

(7) The validity of a decision referred to in subsection (5) shall not be taken to be affected by a failure to include in a notice for the purposes of subsection (6) a statement in accordance with paragraph (6) (b).

Failure of person to accept, sign and seal a lease



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