ACT Numbered Regulations - Explanatory Statements ACT Numbered Regulations - Explanatory Statements[Index] [Search] [Download] [Related Items] [Help]
LEASES (COMMERCIAL AND RETAIL) AMENDMENT REGULATIONS 2004 (NO 1) (NO 19 OF 2004)
2004
LEGISLATIVE ASSEMBLY FOR THE
AUSTRALIAN CAPITAL TERRITORY
LEASES
(COMMERCIAL AND RETAIL) AMENDMENT
REGULATIONS 2004 (No
1)
EXPLANATORY
STATEMENT
Circulated by authority of the
Attorney General
Mr Jon
Stanhope MLA
The Leases (Commercial and Retail) Amendment Regulations 2004 (No 1)
amend the Leases (Commercial and Retail) Regulations 2002 by amending
the requirements for an exemption from the Act under Regulation 4(h).
The
Leases (Commercial and Retail) Regulations 2002 previously exempted
leases for units described in sublease plan 3818 on block 4 section 69 division
of Lyneham (which are currently used by the Canberra Racing Club) from the Act.
The units were originally excluded as the stables were offered on a long
sub-lease to trainers (90+ years) to encourage the trainers to make improvements
to the units.
The amendment to the regulations ensures that should new
units be built on block 4 section 69 which do not fall within the parameters of
sublease plan 3818, they are still exempted from the Act. It also ensures that
activities related to stabling, which occur outside of sublease plan 3818, do
not trigger the Leases (Commercial and Retail) Act
2001.
Clause 1 – Name of regulations – provides that the
regulations are the Leases (Commercial and Retail) Amendment Regulations 2004
(No 1).
Clause 2 – Commencement – provides that the
regulations commence on the day after their notification day.
Clause 3
– Legislation amended – provides that the regulations amend the
Leases (Commercial and Retail) Regulations 2002.
Clause 4
– Regulation 4 (h) – provides a substitute paragraph to insert
into Regulation 4 (h). The clause provides that the regulation refers to a lease
of any part of block 4 section 69 division of Lyneham, provided that the lease
is for premises that are used for horse stables, and the lease is for a term of
at least 20 years. The regulation deals with certain areas of land that are
exempt from the Leases (Commercial and Retail) Act 2001.
This new
clause widens the application of the regulation, which previously exempted only
a sublet area on block 4 section 69.