Australian Capital Territory

LAND (PLANNING AND ENVIRONMENT) CRITERIA FOR DIRECT LEASE GRANTS (COMMERCIAL, INDUSTRIAL OR TOURISM) DETERMINATION 2003*

Disallowable instrument DI2003-202

made under the

Land (Planning and Environment) Act 1991 section 161 (7)

The ACT Executive REVOKES instrument No 32 of 1992 and DETERMINES criteria for the direct grant of a Crown Lease for COMMERCIAL, INDUSTRIAL or TOURISM purposes. The criteria are:

The proposed lease must involve:

•	a manufacturing industry;

•	a high technology industry;

•	a tourist development;

•	a unique or innovative activity;

•	building or development requirements of a specific or distinctive nature; or

•	recycling activities.

The applicant:

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

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

If negotiations are progressed, the applicant:

•	must provide full details of the development proposal;

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

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

•	must demonstrate the long-term economic viability of the proposal;

•	must demonstrate 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;

-	introduce new skills, technology or services into the Territory; or 

-	contribute to the hospitality, accommodation and service-based sectors of the economy; or

-	if the proposal involves recycling activities; improve the recycling opportunities for the public or businesses within the local community, achieve a reduction in current material being sent to landfill for disposal and be supported by the Territory agency managing waste disposal in the ACT;

•	must pay the current market value for the lease as either a capital sum or land rent, whichever is applicable;

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

•	must pay the fees and charges for the time being 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