Lands Ordinance 1987 (CI) (Cth)

Territory of Christmas ISLANDS

Lands Ordinance 1987

Ordinance No. 1 of 1987 as amended

made under the

Christmas Island Act 1958

This compilation was prepared on 11 February 2002 taking into account amendments up to Ordinance No. 5 of 1992

Prepared by the Office of Legislative Drafting and Publishing, Attorney‑General's Department, Canberra

Contents

1 Short title [see Note 1] 2 Interpretation 3 Application 4 Guidelines to Administrator 5 Administrator may lease premises 6 Terms and conditions of leases, licences, etc 7 Administrator may vary rent 8 Reduction of rent and relief from conditions 9 Discharge from liabilities under prior lease 10 Method of determining leases 11 Warrant of ejectment 12 Review of decisions 13 Service of notices 14 Delegation 15 Evidence 16 Repeal 17 Regulations

Schedule Form 1 Notice of determination of lease and of application to the Magistrate's Court for a warrant Form 2 Notice requiring lessee to deliver up possession of premises Form 3 Notice of intention to make application for warrant of entry Form 4 Warrant to enter and give possession to the Commonwealth Form 5 Affidavit of service

Notes

An Ordinance relating to the leasing of premises, and to other interests in land, in the Territory and for related purposes

1 Short title [see Note 1]

This Ordinance may be cited as the Lands Ordinance 1987.

2 Interpretation

In this Ordinance, unless the contrary intention appears: interest, in relation to land, means: (a) a legal or equitable estate or interest in the land; or (b) a right, power or privilege over, or in connection with, the land.

land includes an interest in land. lease means a lease or an agreement for a lease granted under this Ordinance or a lease, agreement for a lease or other interest in premises to which this Ordinance applies by virtue of section 3. premises means any land, including land forming part of the sea bed, building or part of a building belonging to or vested in the Commonwealth or any body (not being an incorporated company or association) established by or under a law of the Territory. rent includes a sum payable periodically, whether designated as rent or otherwise, as consideration for the right to occupy premises in respect of a lease to which this Ordinance applies, whether with or without other rights in connection with the occupation of those premises. rental period means: (a) in the case of a lease from week to week — a period of a week in respect of which one week's rent becomes payable under the lease; and (b) in the case of a lease from fortnight to fortnight — a period of a fortnight in respect of which one fortnight's rent becomes payable under the lease.