Australian Capital Territory National Land (Leased) Ordinance 2022 (Cth)

Australian Capital Territory National Land (Leased) Ordinance 2022

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Ordinance.

Dated 31 March 2022

David Hurley Governor‑General

By His Excellency's Command

Nola Marino Assistant Minister for Regional Development and Territories Parliamentary Secretary to the Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development

Contents 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 Schedule 1—Repeals National Land Ordinance 1989