Australian Capital Territory

Land (Planning and Environment) Criteria for Direct Grant of a Residential Lease to Community Housing Canberra Determination 2007 

Disallowable instrument DI2007- 213 
made under the
Land (Planning and Environment) Act 1991 section 161 (7) (Granting of leases)

The criteria for the direct grant of a residential lease to CHC are as set out in this instrument.

Commencement

This instrument commences on the day after its notification day.

Interpretation

In this Instrument:

“Act” means the Land (Planning and Environment) Act 1991;

“Agency” means the Land Development Agency, a body corporate established by section 38 of the Planning and Land Act 2002;

“Authority” means the Planning and Land Authority, a body corporate established by section 7 of the Planning and Land Act 2002;
“CHC” means Community Housing Canberra Limited ABN 46 081 354 752, a not for profit company limited by guarantee;
“lease” includes the right to the grant of a lease of land under the Act;

“market value” has the same meaning as in section 159 of the Act;

“residential lease” means a lease for residential use (as defined in the Territory Plan).

Application
1.	CHC may apply for the direct grant of a residential lease.
2.	CHC must: 
(1)	complete and sign an application for the lease in the form required by the Authority or the Agency; and 

(2)	pay any applicable fees and charges notified by the Authority or the Agency.

3.	This instrument does not affect the operation of any other instrument made under section 161(7) of the Act.
Criteria

1.	CHC must pay the market value for the residential lease as notified by the Authority or the Agency.

2.	The grant of the lease must contribute to the provision of affordable housing in the Australian Capital Territory, in accordance with ACT Government policies.

Jon Stanhope	Andrew Barr	
Chief Minister 	Minister for Planning	
3 September  2007	31 August 2007