Australian Capital Territory Numbered Regulations

PLANNING AND DEVELOPMENT AMENDMENT REGULATION 2008 (NO 3) (NO 33 OF 2008) - REG 22

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[5.7]     New section 459A

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459A     Transitional—contracts before commencement day to grant leases

    (1)     This section applies if—

        (a)     by contract made before commencement day, the land development agency or planning and land authority agreed with someone else (the third party ) that a lease would be granted under the repealed Act; and

        (b)     the lease is not granted before commencement day.

Examples—par (a)

1     The conditions of a land auction require a lease to be granted under the repealed Act.

2     Under a deed of agreement with a developer for the development of land the planning and land authority agrees that the holding leases for the development, and the individual leases for the developed land, will be granted in the form of a lease under the repealed Act.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)     The planning and land authority may grant a lease under—

        (a)     the repealed Act as if the repealed Act had not been repealed; or

        (b)     if the third party agrees in writing to a lease under this Act being granted—this Act.

    (3)     A lease to which subsection (2) (a) applies—

        (a)     may be registered under the Land Titles Act 1925 as if the repealed Act had not been repealed; and

        (b)     is taken to have been granted under this Act.

    (4)     This section is taken to have commenced on 31 March 2008.