Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
(1) In this section:
"improvement", in relation to land, means—
(a) a building or a structure on the land; or
(b) in relation to land held under a rural lease—
(i) a building or structure on or under the land; or
(ii) any improvement to the land reasonably undertaken for rural purposes.
"lessee," for a lease that has been surrendered or ended, or the term of that has ended, means the person who was the lessee under the lease at the time of the surrender or ending.
"undertaken", in relation to an improvement that is a building or structure, means the construction, erection or installation of the building or structure.
(2) This section applies only to the following improvements to land:
(a) an improvement undertaken in a way consistent with the law of the Territory, and with any lease over the land, except—
(i) an improvement undertaken by the Territory or the Commonwealth (subject to paragraph (b)); or
(ii) an improvement acquired by the Territory or the Commonwealth (subject to paragraph (c));
(b) an improvement undertaken by the Territory or the Commonwealth, if the Territory or the Commonwealth has received, or is entitled to receive, payment for that improvement;
(c) an improvement acquired by the Territory or the Commonwealth, if the Territory or the Commonwealth has received, or is entitled to receive, payment for the improvement.
(3) If, on the expiry of the term of a lease of territory land on which there are improvements to which this section applies, the lessee is granted a further lease of that land or any part of it, the lessee is not liable to make any payment to the planning and land authority for the improvements on the land or part of the land.
(4) Subject to subsections (5) and (12), if, on the expiry of the term of a lease of territory land on which there are improvements to which this section applies, the lessee is not granted a further lease of the land, or is granted a lease of part only of the land, the planning and land authority is liable to pay the lessee—
(a) if no further lease of the land is granted to the lessee—the amount decided by the planning and land authority to be the value of the improvements on the land; or
(b) if a further lease of part only of the land is granted to the lessee—the amount decided by the planning and land authority to be the value of the improvements to which this section applies on the part of the land not so leased.
(5) Before the end of the term of a lease of territory land, the planning and land authority may declare that the land comprised in the lease, or part of the land, is available for a further lease.
(6) If the lessee does not elect to take a further lease of the land, or part of the land, declared to be available within 6 months after the end of the term of the lease, the amount of any expenditure reasonably incurred by the Territory, the planning and land authority or both, in relation to the grant of a lease of the land, or part of the land, to anyone else must be deducted from the amount payable to the lessee under this section.
(7) Subject to subsections (9), (10) and (12), if a lease is surrendered or ended, the provisions of this section relating to the payment to the lessee of the value of the improvements on the land comprised in the lease on the expiration of the term apply (so far as applicable) as if the term of the lease had expired on the day of the surrender or ending.
(8) Subject to subsections (9) and (12), if, before the expiry of the term of a lease of territory land, the planning and land authority withdraws all or part of the leased land from the lease under a provision of the lease, the provisions of this section relating to the payment to the lessee of the value of the improvements on the land on the expiry of the term apply (so far as applicable) as if the term of the lease had expired on the day of the withdrawal.
(9) Subsection (7) or (8) applies in relation to a lease only if the lessee has fully complied with the provisions (if any) of the lease relating to the erection of a building on the land comprised in the lease.
(10) If a lease is surrendered or ended, the planning and land authority may work out the amount of the expenditure reasonably incurred by the Territory, the planning and land authority or both, in relation to—
(a) the surrender or ending of the lease; and
(b) any grant of a further lease of the land or part of the land.
(11) The amount worked out under subsection (10) must be deducted from any amount payable under subsection (7) to the lessee of the surrendered or ended lease.
(12) Subsections (4), (7) and (8) apply in relation to a lease subject to any provisions of the lease that preclude or limit the right of the lessee to payment in relation to improvements on the land comprised in the lease.