Australian Capital Territory Numbered Regulations

PLANNING AND DEVELOPMENT (CONCESSIONAL LEASES) AMENDMENT REGULATION 2009 (NO 1) (NO 41 OF 2009) - REG 4

after the note, insert

        (f)     a lease that expressly states that the lease is not a concessional lease;

Example

A lease that includes a statement under the Act, s 238 (2) (a) that the lease is not a concessional lease.

        (g)     a lease granted to a territory entity;

        (h)     a lease granted to an entity other than a territory entity if—

              (i)     the lease expressly states that the lease commenced, or is taken to have commenced, on a day (the lease commencement day ) earlier than the day the lease was granted; and

              (ii)     the land comprised in the lease was occupied by a territory entity on the lease commencement day;

              (i)     a lease granted to a Commonwealth entity;

        (j)     a lease granted to an entity other than a Commonwealth entity if—

              (i)     the lease expressly states that the lease commenced, or is taken to have commenced, on a day (the lease commencement day ) earlier than the day the lease was granted; and

              (ii)     the land comprised in the lease was occupied by a Commonwealth entity on the lease commencement day;

        (k)     a lease granted under the City Area Leases Act 1936 if, on 1 July 2009—

              (i)     the lessee of the lease is the holder of a club licence under the Liquor Act 1975 ; and

              (ii)     at least 75% of the area of the land comprising the lease is located in—

    (A)     a commercial zone under the territory plan; or

    (B)     a designated area under the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth); and

Example

30% of land comprised in a lease is located in a commercial zone and 50% of land is located in a designated area.

              (iii)     there is no restriction on dealing with the lease expressed in the lease; and

              (iv)     the lease authorises the land comprised in the lease to be used for both—

    (A)     a licensed club under the Liquor Act 1975 ; and

    (B)     a commercial purpose unrelated to the club.

Examples—commercial purpose

1     a shop under the territory plan

2     a non-retail commercial use under the territory plan

3     a commercial accommodation use under the territory plan