Australian Capital Territory

Land (Planning and Environment) Criteria for Direct Special Lease Determination 2003*

Disallowable instrument DI2003-194

made under the

Land (Planning and Environment) Act 1991 section 164 (3)

The ACT Executive REVOKES instrument No 20 of 1992 and DETERMINES criteria for the direct grant of SPECIAL Crown leases.  The criteria are:

The proposed lease must involve:

•	a major manufacturing industry;
•	a high-technology industry;
•	a tourist development;
•	a unique or innovative activity; or
•	a building or development requirements of a specific or distinctive nature;

The applicant must

•	must complete and sign a preliminary application for the lease in the required form giving details of:-

-	brief details of the development proposal;
-	full name of proposed lessee;
-	form of tenancy, stating shares if relevant;
-	address for service of notices;
-	proof of full company particulars etc.
(if applicable)

The Planning and Land Authority

•	must be satisfied it is in the public interest to grant the lease under section 164.

If negotiations are progressed, the applicant:

•	must provide full details of the development proposal;

•	must demonstrate to the Planning and Land Authority the financial capacity to develop and manage the land;

•	must demonstrate to the Planning and Land Authority the non-financial capacity to develop and manage the land, including details of expertise, resources and experience to undertake the development;

•	must demonstrate to the Planning and Land Authority’s satisfaction the long term economic viability of the proposal; and

•	must demonstrate to the Planning and Land Authority that the grant of the lease will:

-	generate employment in the Territory or the region;
-	benefit the economy in the Territory or the region;
-	contribute to the export earnings and import replacement of the Territory or the region; and
-	introduce new skills, technology or services into the Territory;

•	must provide any Bank Undertaking required by the Planning and Land Authority; and

•	must pay the agreed value for the lease; and

•	must pay the fees and charges notified by the Planning and Land Authority as being applicable.

Mr Wood	Mr Corbell	
Minister for Urban Services	Minister for Planning	
8 July 2003	8 July 2003