Australian Capital Territory Numbered Regulations

PLANNING AND DEVELOPMENT AMENDMENT REGULATION 2008 (NO 4) (NO 41 OF 2008) - REG 15

insert

429EA     Modification—s 246 (Payment for leases)

Section 246 (2) applies as if paragraphs (c) and (d) were omitted and the following paragraph substituted:

    ‘(d)     a further lease granted under section 254; or'

429EB     Modification—s 254 (Grant of further leases)

Section 254 (1) (e) applies as if it read as follows:

    ‘(e)     if the lease is a rural lease—

              (i)     if the lease is a rental lease—the amount of rent determined under section 280 is payable under the lease; or

              (ii)     in any other case—

    (A)     the amount determined under section 280 for the grant is paid; or

    (B)     if the determination under section 280 provides for the payment of the amount by instalments—any instalment required to be paid under the determination before the lease has been granted has been paid; and'

429EC     Modification—s 255 (Grant of further lease includes authorised use)

Section 255 applies as if the following subsection were inserted:

    ‘(3A)     To remove any doubt, a further lease may include provisions that are different to the lease that it is replacing.

Example

A further lease includes a restriction on the number of dwellings that may be built on the lease. The lease the further lease is replacing did not include a similar provision.

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).'

429ED     Modification—s 280 (Determination of amount payable for further leases—rural land)

Section 280 applies as if it read as follows:

‘ 280     Determination of amount payable for further leases—rural land

    (1)     The Minister may make a determination for section 254 (1) (e) (i) or (ii).

    (2)     A determination for section 254 (1) (e) (ii) may provide for the amount payable for the grant of the lease is payable by stated instalments.

    (3)     A determination under subsection (1) is a disallowable instrument.

Note      A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.'