Commonwealth Numbered Regulations

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AUSTRALIAN CAPITAL TERRITORY NATIONAL LAND (LEASED) ORDINANCE 2022 (F2022L00470)


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Name  
   2.      Commencement  
   3.      Authority  
   4.      Schedules  
   5.      Simplified outline of this Ordinance  
   6.      Definitions  
   7.      Application and administration of Ordinance  
   8.      Interaction with Territory Acts  
   9.      Occupancy or use of existing buildings  

   PART 2--LEASES OF NATIONAL LAND

           Division 1--Grant of leases

   10.     Power of the Minister to grant leases  
   11.     Grant of lease for diplomatic purposes  
   12.     Failure to accept and execute lease  

           Division 2--Rent review and relief from lease obligations

   13.     Review of Ministerial determination of rent  
   14.     Reduction of rent and relief from conditions  

           Division 3--Lease variations

   15.     Scope of Division  
   16.     Meaning of variation in relation to a lease  
   17.     Process for variation of lease  
   18.     Amount of lease variation charge  
   19.     Payment of lease variation charge  
   20.     Minister may remit or refund lease variation charge  

           Division 4--Restrictions on dealing with certain leases

   21.     Scope of Division  
   22.     Division 4 leases--restricted periods and dealings  
   23.     Consent to dealings in Division 4 leases  
   24.     Registration of Division 4 leases  
   25.     Certificates of compliance and discharge of liability  
   26.     Dealings entered into subject to Minister's consent  
   27.     Arrangements to avoid restrictions on dealings  
   28.     Validity of certain dealings with leases not affected by this Division  

           Division 5--Subleasing

   29.     Leased land to be held as undivided parcel  
   30.     Power of lessee to sublet part of building  

           Division 6--Improvements

   31.     Application of Division  
   32.     Renewing lessee not liable to pay for improvements  
   33.     Commonwealth to pay lessee for certain improvements  
   34.     Payment for improvements where lease surrendered or terminated  
   35.     Determining market value of improvements  

           Division 7--Shared infrastructure and access

   36.     Scope of Division  
   37.     Fences  
   38.     Party walls  
   39.     Road access to and from leased land  

           Division 8--Financial matters relating to leases

   40.     Survey fees  
   41.     Assessment of value of leases and lands  
   42.     Recovery of amounts owing  

           Division 9--Use of land for unauthorised purposes

   43.     Use of land for leased purpose  
   44.     Injunctions to restrain use of leased land for unauthorised purpose  
   45.     Keeping of touring vehicles on land used for residential purposes  

           Division 10--Surrender of leases

   46.     Lessee may surrender lease or part of land in lease  
   47.     Commencement of further lease granted after surrender of lease  

           Division 11--Termination of leases

   48.     Minister's power to terminate lease  
   49.     Steps before giving termination notice  
   50.     Recovery of lands by Commonwealth  
   51.     Evidence of ending of lease  

           Division 12--General provisions applying to leases

   52.     Reservation of minerals  
   53.     No right to use, flow and control of water  
   54.     Power of entry onto certain leased lands  
   55.     Leased land to be kept clean  
   56.     Right to construct civil works and operate services  

   PART 3--MISCELLANEOUS

   57.     Ministerial applications--supply of further information  
   58.     Delegation  
   59.     Rule-making power  
   60.     NCA chief executive may prescribe fees  
   61.     NCA chief executive may approve forms  

   PART 4--APPLICATION, SAVING AND TRANSITIONAL PROVISIONS

   62.     Transitional--definitions  
   63.     Transitional--continuing leases  
   64.     Transitional--applications made before transition time  
   65.     Transitional--actions under applied provisions  
   66.     Transitional--delegations  
   67.     Transitional--use of land for industrial purposes  
   68.     Transitional--rent review under continuing leases granted under the Leases Ordinance  
   69.     Transitional--dealings with, and termination of, continuing leases granted under Leases Ordinance  
   70.     Transitional--cost of erection of fences in relation to continuing leases granted under the Leases Ordinance  
   71.     Transitional--survey fees  
   72.     Transitional--termination of continuing leases other than those granted under the Leases Ordinance  


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