Australian Capital Territory Numbered Regulations

PLANNING AND DEVELOPMENT AMENDMENT REGULATION 2008 (NO 3) (NO 33 OF 2008) - REG 23

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[5.8]     New section 459B

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459B     Transitional—conversion of Commonwealth leases

    (1)     This section applies if—

        (a)     a declaration under the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth), section 27 (1) has been amended or repealed; and

        (b)     because of the amendment or repeal of the declaration, land has ceased to be national land; and

        (c)     a lease granted under a prescribed law over all or part of the land was in force immediately before the amendment or repeal of the declaration.

    (2)     The lease is taken to have been granted under this Act on the amendment or repeal of the declaration.

    (3)     In this section:

"prescribed law" means any of the following:

        (a)     the Leases Ordinance 1918 ;

        (b)     the Leases (Special Purposes) Ordinance 1925 ;

        (c)     the City Area Leases Ordinance 1936 ;

        (d)     a law mentioned in paragraph (a), (b) or (c) as in effect under the National Land Ordinance 1989 (Cwlth).