AUSTRALIAN CAPITAL TERRITORY

LAND (PLANNING AND ENVIRONMENT) ACT 1991

LAND (PLANNING AND ENVIRONMENT) CRITERIA FOR DIRECT LEASE GRANTS AFTER A BALLOT DETERMINATION 2003
DISALLOWABLE INSTRUMENT DI2003-236

EXPLANATORY STATEMENT

This disallowable instrument is being redetermined as a result of the Planning and Land (Consequential Amendments) Act 2002 which transfers certain powers from the Minister/Executive to the Planning and Land Authority.

The Land (Planning and Environment) Act 1991 (ACT) (the Act) provides for planning, heritage, environmental and leasing matters in respect of Territory Land. The Act enables Territory Land to be granted by auction, tender, ballot or direct grant. A direct grant must be in accordance with criteria that are specified in a disallowable instrument.

The Disallowable Instrument made under subsection 161(7) establishes criteria in accordance with subsection 161(6) for the direct grant of a Crown lease for residential purposes after a ballot. For the purpose of the Instrument ‘ballot’ means a ballot conducted pursuant to the provisions of subsection 161(1) of the Act.

The Disallowable Instrument provides for the following criteria:
1.	The lease is not sold at the ballot or, having been sold, any contract entered into is rescinded or otherwise terminated prior to completion.

2.	The applicant must:
	(a)	complete and sign an application for the lease in the required form giving details of:
•	full name of proposed lessee(s);
•	type of co-ownership (if applicable), stating shares to be held by each proposed lessee (if applicable);
•	address for the services of notices;
•	block, section and division details of the relevant land; and
•	proof of company particulars (ie details of directors, share etc., if applicable);

(b) 	pay the market value for the lease as specified in the conditions of ballot;

(c) 	agree to any Conditions of Sale required by the Planning and Land Authority and relating to the development of the lease;
(d) 	pay any applicable fees and charges notified by the Planning and Land Authority;

3. 		The lease may only be granted to the first applicant able to satisfy the criteria in this Instrument.