EXPLANATORY STATEMENT
ORDINANCE NO. 1 OF 1998
Issued by the Authority of the Minister for Finance and Administration
Seat of Government (Administration) Act 1910
National Land (Amendment) Ordinance 1998
Subsection 12(1) of the Seat of Government (Administration) Act 1910 provides for the Governor-General to make Ordinances for the peace, order and good government of the Australian Capital Territory (ACT) with respect to a range of matters which include National Land.  "National Land" is land declared to be such in accordance with section 27(1) of the Australian Capital Territory (Planning and Land Management) Act 1988. 
The primary purpose of the amendments is to make it lawful for a person granted a lease by the Commonwealth over National Land to occupy or use, or permit to be occupied or used, any improvements which are on that land at the time the lease is granted. 
At present, the Building Act 1972 of the Australian Capital Territory ("the Building Act") makes it unlawful for a person to occupy or use, or permit to be occupied or used, improvements for which no certificate of occupancy has been granted under that Act or one of the laws repealed by that Act. 
Prior to 1991, under the Building Act, and its predecessor, the Building Ordinance 1972, persons to whom the Commonwealth had granted a lease of land with improvements could lawfully occupy or use existing improvements, notwithstanding that no certificate permitting occupancy or use had been issued.  Any alterations to the improvements or the construction of new improvements by or for the lessee after the granting of the lease were subject to the Building Act. 
In 1991, the ACT Assembly repealed some provisions in the Building Act. This repeal had the apparently unintended effect of raising doubts about whether persons who had been granted a lease over National Land could lawfully occupy or use, or permit to be occupied or used, the existing improvements on the land until a certificate of occupancy was issued. The ACT authorities take the view that they cannot issue a Certificate of Occupancy prior to the grant of a lease. 
The new s5A to be inserted in the National Land Ordinance removes the doubt about the lawfulness of occupation and use of existing improvements on National Land. 
The Ordinance also makes some minor technical amendment.