Australian Capital Territory Numbered Ordinances

[Index] [Search] [Noteup] [Download] [Help]

City Area Leases (Amendment) Ordinance 1986

AUSTRALIAN CAPITAL TERRITORY

City Area Leases (Amendment) Ordinance 1986

No. 16 of 1986

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910.

Dated 5 June 1986.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

G. SCHOLES

Minister of State for Territories

An Ordinance to amend the City Area Leases Ordinance 1936

Short title

1. This Ordinance may be cited as the City Area Leases (Amendment) Ordinance 1986.1

Principal Ordinance

2. In this Ordinance, “Principal Ordinance” means the City Area Leases Ordinance 1936.2

Tenant right in improvements

3. Section 19A of the Principal Ordinance is amended by omitting sub-section (6) and substituting the following sub-section:

“(6) In this section, a reference to the value of improvements, in relation to improvements on land, shall be read as a reference to the value of the improvements determined in accordance with section 20.”.

4. After section 19A of the Principal Ordinance the following section is inserted:

Determination of value of improvements

“20. (1) In this section—

‘lessee’ has the same meaning as in section 19A;
‘market value’, in relation to improvements on land, means the amount by which the improvements increase the value of the lease of the land, assuming that the lease, together with the improvements, were offered for sale at a bona fide sale on the day immediately before the prescribed date on such reasonable terms and conditions as a bona fide seller would require;
‘prescribed date’ means, in relation to land the lease of which has expired or has been determined or surrendered, the date of expiry, determination or surrender, as the case requires.

“(2) Where compensation is payable under section 19A in respect of improvements, the Minister shall, as soon as practicable after the date that is the prescribed date in relation to land, by instrument in writing determine, in accordance with this section, the market value of the improvements on the land as at the prescribed date.

“(3) Where the compensation is payable by virtue of sub-section 19A (2), the Minister shall, in valuing the improvements, assume that the lease of land had been renewed subject to the same covenants and conditions, and for the same term, as the lease the term of which had expired.

“(4) Where the compensation is payable by virtue of sub-section 19A (4), the Minister shall, in valuing the improvements, assume that the lease of the land had not been determined or surrendered.

“(5) Application may be made to the Administrative Appeals Tribunal for a review of a decision of the Minister determining the value of improvements under this section.

“(6) Where the Minister makes a decision determining the value of improvements under this section, the Minister shall, not later than 30 days after the date of the decision, cause a notice in writing to be given to the lessee—

(a) giving the reasons for the decision; and

(b) including a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, the lessee is entitled to apply to the Administrative Appeals Tribunal for a review of the decision.

“(7) The validity of a decision referred to in sub-section (5) shall not be taken to be affected by a failure to include in a notice for the purposes of sub-section (6) a statement in accordance with paragraph (6) (b).”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 13 June 1986.

2. No. 31, 1936 as amended by Nos. 38 and 40, 1936; Nos. 21 and 35, 1938; No. 14, 1947; No. 18, 1950; No 8, 1951; No. 18, 1957; No. 21, 1959; No. 12, 1961; No. 18, 1963; No. 7, 1964; No. 19, 1966; No. 13, 1967; Nos. 3 and 28, 1968; No. 25, 1969; No. 45, 1970; No. 11, 1971; Nos. 3 and 58, 1973; Nos. 13, 19, 25, 50 and 56, 1974; No. 32, 1975; Nos. 12 and 25, 1976; Nos. 15 and 64, 1977; No. 18, 1978; No. 23, 1979; No. 56, 1982; Nos. 54 and 57, 1983; No. 39, 1984; No. 67, 1985.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback