Australian Capital Territory Numbered Acts

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LAND (PLANNING AND ENVIRONMENT) (NO. 85 OF 1996) - SECT 34

Insertion

34. After section 171 of the Principal Act the following section is inserted:

“171A. (1) Where—

        (a)     the holder of a rural lease applies to the Executive for the grant of a further rural lease of the same land for the same purposes;

        (b)     neither the Territory nor the Commonwealth requires the land for a public purpose;

        (c)     the lessee pays the fee calculated pursuant to the determination under subsection (2); and

        (d)     the lessee surrenders the existing lease;

the Executive shall, on behalf of the Commonwealth, grant the lessee a further rural lease of that land for the same purposes for a term not exceeding the maximum set out in the determination under subsection (2), and subject to any conditions set out in that determination, to commence on the day immediately following the date of surrender of the existing lease.

“(2) The Minister may make a determination for the purposes of subsection (1).

“(3) If the term of a further lease granted under subsection (1) does not exceed the term of the existing lease, the fee payable under paragraph (1) (c) shall not exceed the cost of granting the lease.

“(4) A determination under subsection (2) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989 .”.



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