Australian Capital Territory

LAND (PLANNING AND ENVIRONMENT) CRITERIA FOR AUTHORISATION OF REFUND (TERMINATION OR SURRENDER OF LEASE) DETERMINATION 2003*

Disallowable instrument DI2003-230

made under the

Land (Planning and Environment) Act 1991 section 163(1) and 178(3)

The ACT Executive REVOKES Instrument No 130 of 2000 and DETERMINES the criteria for the authorisation of a refund to a lessee upon the surrender or termination of a lease of Territory land granted under section 163 of the Act. The criteria are:

The applicant must:

1.	be the grantee of the lease who paid the Territory an amount for the grant of the lease and must be the lessee under the lease at the time of the surrender or termination of the lease;

2.	have paid all outstanding lease changes including rates, land tax, stamp duty, land rent and any other statutory outgoings associated with the lease;

3.	pay any fees and charges notified by the Planning and Land Authority as being applicable for the time being;

4.	pay all fees, taxes and charges payable in respect of the lease at the time of the surrender or termination of the lease;

5.	not have commenced any work or other improvement on the land, and which has not been completed and approved, prior to the surrender or termination of the lease;

6.	have made application for refund before the expiry date of the development covenants contained within the lease; and

7.	have satisfied the Planning and Land Authority that it, he or she has been unable to comply with the covenants of the lease for personal or financial reasons that, in the opinion of the Planning and Land Authority, warrant a refund

The Planning and Land Authority must:

8.	ensure that the refund is not greater than the amount paid for the lease, less costs to the Territory and including costs associated with restoring the land to enable its grant or resale.

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