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LAND (PLANNING AND ENVIRONMENT) AMENDMENT REGULATIONS 2003 (NO 1) (NO 35 OF 2003)
2003
THE LEGISLATIVE
ASSEMBLY FOR THE
AUSTRALIAN CAPITAL
TERRITORY
LAND (PLANNING AND ENVIRONMENT)
AMENDMENT REGULATIONS 2003 (No 1)
Subordinate Law No SL
2003-35
EXPLANATORY
STATEMENT
Circulated by Authority of
Simon Corbell MLA
Minister for
Planning
BACKGROUND
The Land (Planning and Environment) Amendment
Regulations 2003 (the amending regulations) are made under the Land
(Planning and Environment) Act 1991 (the Land Act). They amend the Land
(Planning and Environment) Regulations 1992 by including the direct grant of
rural leases as exempt under Schedule 1.
Schedule 1 of the Regulations specifies exemptions under Part VI of the
Land Act. The consolidation of an existing rural lease with additional land is
deemed to be a lease variation under Section 222(3) of the Land Act and thus
subject to the Development Application process and therefore not currently
exempt from Schedule 1.
The amending regulations will enable the DA
process to be bypassed and the consolidated rural leases to be issued more
expeditiously.
It is proposed that existing rural leases will be
surrendered in favour of a new rural lease comprising both the additional land
and the previous leased area. This is consistent with Policy 9 of the Rural
Policy that encourages lessees to consolidate fragmented lease holdings and
include additional land, such as agistment land, into a single lease.
The amending regulations will mean that approximately 13 Development
Applications will not be submitted, resulting in a reduction in revenue to the
ACT Planning and Land Authority.