Australian Capital Territory Numbered Regulations

PLANNING AND DEVELOPMENT AMENDMENT REGULATION 2008 (NO 1) (NO 8 OF 2008) - REG 11

in part 5.2, insert

141     Exemptions from restrictions on dealings with certain single dwelling house leases—Act, s 251 (1) (c) (ii)

A single dwelling house lease is prescribed if the lease provides that the lessee cannot deal with the land, or part of the land, comprised in the lease without the prior written consent of the planning and land authority.

Note     Single dwelling house lease means a lease granted under the Act, s 240 (1) (cb) (see Act, s 234).

142     Exemptions from restrictions on dealings with certain leases—Act, s 251 (2A)

    (1)     The following leases are exempt from the Act, section 251 (1) (a), (b) and (c):

        (a)     a concessional lease;

        (b)     a rural lease.

Note     For restrictions on dealings with concessional leases and rural leases, see the Act, s 265 and s 284.

    (2)     The following leases are exempt from the Act, section 251 (1) (b) and (c):

        (a)     a lease to Community Housing Canberra Limited, ACN 081 354 752;

        (b)     a lease granted under the Act, section 238 (1) by auction, tender or ballot if—

              (i)     the class of people eligible or ineligible for the grant was restricted under the Act, section 239; and

              (ii)     the lease is sold for market value; and

              (iii)     the Act, section 251 (1) (a) or (d) does not apply to the lease;

        (c)     a lease granted under the Act, section 241 if—

              (i)     the lease is sold for market value; and

              (ii)     the Act, section 251 (1) (a) or (d) does not apply to the lease.