Commonwealth Numbered Regulations

AUSTRALIAN CAPITAL TERRITORY NATIONAL LAND (LEASED) ORDINANCE 2022 (F2022L00470) - REG 31

Scope--improvements undertaken or acquired by the Commonwealth or Territory

             (1)  This Division applies to an improvement on land if:

                     (a)  the improvement is on land that is or was subject to a lease; and

                     (b)  the improvement was undertaken or acquired by the Commonwealth or the Territory, whether before or after the grant of the lease; and

                     (c)  the Commonwealth has received, or is entitled to receive, payment for the improvement:

                              (i)  under the lease; or

                             (ii)  in connection with the grant of the lease.

Scope--excluded improvements

             (2)  Subject to subsection (3), this Division does not apply to improvements to land if:

                     (a)  the improvements contravene the lease of the land; or

                     (b)  in a case in which works approval is required for the improvements--such approval has not been obtained; or

                     (c)  occupation or use of the improvements is or would be unlawful under the Building Act .

             (3)  Despite paragraph (2)(c), this Division applies to improvements the occupation or use of which is allowed under section 9.

Note:          Subsection 9(2) allows the lawful occupancy or use, in certain circumstances, of buildings for which there is no certificate of occupancy or certificate of regularisation.