Australian Capital Territory
Planning and Development (Concessional Leases) Amendment Regulation 2009 (No 1)
Subordinate Law SL2009-41

The Australian Capital Territory Executive makes the following regulation under the Planning and Development Act 2007.
Dated 4 August 2009.
Andrew Barr
Minister
John Hargreaves
Minister

Australian Capital Territory
Planning and Development (Concessional Leases) Amendment Regulation 2009 (No 1)
Subordinate Law SL2009-41
made under the
Planning and Development Act 2007

    

1	Name of regulation
This regulation is the Planning and Development (Concessional Leases) Amendment Regulation 2009 (No 1).
2	Commencement
This regulation commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This regulation amends the Planning and Development Regulation 2008.
4	New section 240 (f) to (k)
after the note, insert
	(f)	a lease that expressly states that the lease is not a concessional lease;
Example
A lease that includes a statement under the Act, s 238 (2) (a) that the lease is not a concessional lease.
	(g)	a lease granted to a territory entity;
	(h)	a lease granted to an entity other than a territory entity if—
	(i)	the lease expressly states that the lease commenced, or is taken to have commenced, on a day (the lease commencement day) earlier than the day the lease was granted; and
	(ii)	the land comprised in the lease was occupied by a territory entity on the lease commencement day;
	(i)	a lease granted to a Commonwealth entity;
	(j)	a lease granted to an entity other than a Commonwealth entity if—
	(i)	the lease expressly states that the lease commenced, or is taken to have commenced, on a day (the lease commencement day) earlier than the day the lease was granted; and
	(ii)	the land comprised in the lease was occupied by a Commonwealth entity on the lease commencement day;
	(k)	a lease granted under the City Area Leases Act 1936 if, on 1 July 2009—
	(i)	the lessee of the lease is the holder of a club licence under the Liquor Act 1975; and
	(ii)	at least 75% of the area of the land comprising the lease is located in—
	(A)	a commercial zone under the territory plan; or
	(B)	a designated area under the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth); and
Example
30% of land comprised in a lease is located in a commercial zone and 50% of land is located in a designated area.
	(iii)	there is no restriction on dealing with the lease expressed in the lease; and
	(iv)	the lease authorises the land comprised in the lease to be used for both—
	(A)	a licensed club under the Liquor Act 1975; and
	(B)	a commercial purpose unrelated to the club.
Examples—commercial purpose
1	a shop under the territory plan
2	a non-retail commercial use under the territory plan
3	a commercial accommodation use under the territory plan
5	New section 240 (2)
insert
	(2)	In this section:
Commonwealth entity means—
	(a)	the Commonwealth; or
	(b)	a Commonwealth authority under the Commonwealth Authorities and Companies Act 1997 (Cwlth); or
	(c)	a Commonwealth company under the Commonwealth Authorities and Companies Act 1997 (Cwlth).
territory entity means—
	(a)	a territory authority; or
	(b)	a territory instrumentality.
6	Section 240 (as amended)
renumber as section 99
7	Chapter 6
relocate before part 5.1 as part 5.1A
8	Dictionary, note 2
insert
·	territory instrumentality

Endnotes
1	Notification
	Notified under the Legislation Act on 5 August 2009.
2	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2009