2010 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Minister for Planning) Planning and Development (Concessional Leases) Amendment Bill 2010 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Commencement 2 3 Legislation amended 2 Part 2 Planning and Development Act 2007 4 Section 235 3 5 Granting leases Section 238 (2) (a) 7 J2009-469 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 6 Restrictions on dealings with certain leases Section 251 (3) to (7) 7 7 Grant of further leases Section 254 (3) and note 8 8 Decision about whether lease concessional Section 257 (1) 9 9 Section 257 (2) and (3) 9 10 Section 257 (4) 10 11 Section 257 (5) 11 12 New section 257 (6) 11 13 Authority may decide whether lease concessional on own initiative New section 258 (2A) 11 14 Section 258 (4) 11 15 New sections 258A to 258C 12 16 Section 259 16 17 Application--div 9.4.2 Section 260 20 18 New section 260A 20 19 Development approval of application about concessional lease subject to condition Section 262 21 20 New section 262 (2) 21 21 Working out amount payable to discharge concessional leases Section 263 (1) 22 22 Restrictions on dealings with concessional leases New section 265 (3) 22 23 No variation of certain leases for 5 years New section 275 (4) and (5) 22 24 Transfer of land subject to building and development provision Section 298 (6) 23 25 New section 409A 23 26 Transitional effect--Legislation Act, s 88 Section 430 23 27 Expiry--ch 15 Section 431 24 contents 2 Planning and Development (Concessional Leases) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 28 Power to make lease and development conditions Section 446 (5) 24 29 Transitional--application for development approval if lease and development condition Section 446A (3) 24 30 Transitional--extended application of s 275 Section 453 (2) 24 31 New sections 456B and 456C 24 32 Transitional--applications for certain grants before commencement day New section 458 (3) (aa) 25 33 Section 458 (4) 26 34 Transitional--contracts before commencement day to grant leases New section 459A (3) (aa) 26 35 Transitional--plans of management Section 467 (5) 26 36 Reviewable decisions, eligible entities and interested entities Schedule 1, item 19 27 37 New schedule 5 28 38 Dictionary, new definitions 35 39 Dictionary, definition of concessional lease 36 40 Dictionary, definition of market value lease 36 41 Dictionary, new definitions 36 Part 3 Planning and Development Regulation 2008 42 Concessional leases Part 5.1A 38 43 Definitions--pt 5.1 Section 100, definition of Commonwealth entity 38 44 Section 100, definition of territory entity 38 45 Direct sales requiring approval by Executive--Act, s 240 (1) (a) Section 105 (a) (i), note 38 46 Section 105 (a) (ii), note 38 47 Section 105 (e), note 38 48 Direct sale criteria for territory entities--Act, s 240 (1) (a) (i) Section 106, note 39 Planning and Development (Concessional Leases) contents 3 Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 49 Direct sale criteria for Commonwealth entities--Act, s 240 (1) (a) (i) Section 107 (1), note 39 50 Direct sale criteria for community organisations--Act, s 240 (1) (a) (i) Section 112 (1), note 39 51 Direct sale criteria for supportive accommodation--Act, s 240 (1) (a) (i) Section 113 (1) (a), note 39 52 Section 142 heading 39 53 Increase of change of use charge for concessional leases--Act, s 279 (1) and (2) Section 181 (3), definition of consolidated or subdivided concessional lease 40 54 Increase of change of use charge for recently commenced leases-- Act, s 279 (1) and (2) Section 182 (1) (b), note 40 55 Amount of refund on surrender or termination of certain leases--Act, s 300 (2) Section 210 (1) (b), note 40 56 Dictionary, note 3 40 57 Dictionary, definitions of Commonwealth entity, community organisation and territory entity 41 contents 4 Planning and Development (Concessional Leases) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Minister for Planning) Planning and Development (Concessional Leases) Amendment Bill 2010 A Bill for An Act to amend the Planning and Development Act 2007, and for other purposes The Legislative Assembly for the Australian Capital Territory enacts as follows: J2009-469 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 1 1 Part 1 Preliminary 2 1 Name of Act 3 This Act is the Planning and Development (Concessional Leases) 4 Amendment Act 2010. 5 2 Commencement 6 This Act commences on the 7th day after its notification day. 7 Note The naming and commencement provisions automatically commence on 8 the notification day (see Legislation Act, s 75 (1)). 9 3 Legislation amended 10 This Act amends the Planning and Development Act 2007 and the 11 Planning and Development Regulation 2008. page 2 Planning and Development (Concessional Leases) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 4 1 Part 2 Planning and Development Act 2 2007 3 4 Section 235 4 substitute 5 235 Meaning of lease--Act 6 In this Act: 7 lease means a lease (other than a sublease) of territory land-- 8 (a) granted under this Act; or 9 (b) granted or arising under the Unit Titles Act 2001. 10 Note Some leases are taken to have been granted under this Act and so come 11 within this definition of lease (see s 456). 12 235A Meaning of concessional lease--Act 13 (1) In this Act: 14 concessional lease-- 15 (a) means a lease-- 16 (i) granted for a consideration less than the full market value 17 of the lease, whether paid as a lump sum or payable as 18 rent, or for no consideration; and 19 (ii) for a lease granted before 31 March 2008--in relation to 20 which neither of the following payments has been made: 21 (A) an amount in relation to the grant of the lease that is 22 equal to the lease's market value at the time of 23 payment or, if the amount is paid in parts, at the 24 time of the last payment; Planning and Development (Concessional Leases) page 3 Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 4 1 (B) an amount to reduce the rent payable under the lease 2 to a nominal rent under the Land (Planning and 3 Environment) Act 1991, section 186 (Variation of 4 lease to pay out rent); and 5 Note Made--see s (4). 6 (b) includes the following leases: 7 (i) a consolidated or subdivided concessional lease; 8 (ii) a further concessional lease; 9 (iii) a regranted concessional lease. 10 Note 1 A lease that is granted as a concessional lease must include a statement 11 that the lease is concessional (see s 238 (2) (a)). 12 Note 2 The concessional status of a concessional lease may only be removed by 13 a variation of the lease (see div 9.4.2). 14 Note 3 A consolidated or subdivided lease or further or regranted lease, other 15 than a lease mentioned in par (b), is a market value lease (see sch 5, 16 pt 5.2, item 1). 17 Note 4 A person may rely on a statement in a lease that the lease is 18 concessional (see s 259C). 19 (2) However, a lease is not a concessional lease if the lease is a market 20 value lease. 21 (3) A lease is not concessional only because the lease-- 22 (a) was granted under the Leases (Special Purposes) Act 1925; and 23 (b) was granted before 1 January 1971; and 24 (c) is a lease to which the Leases (Special Purposes) Act 1925, 25 section 5AB (Rent) applies. page 4 Planning and Development (Concessional Leases) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 4 1 (4) In this section: 2 consolidated or subdivided concessional lease means a lease 3 granted during a consolidation or subdivision involving the 4 surrender of 1 or more previous leases if 1 or more of the previous 5 leases was a concessional lease. 6 further concessional lease means a further lease if the surrendered 7 lease was a concessional lease. 8 made--a payment has been made if the relevant amount-- 9 (a) was paid to the Territory, a territory entity, the 10 Commonwealth, a Commonwealth entity or the entity that 11 originally granted the lease; or 12 (b) was waived by the Treasurer under the Financial Management 13 Act 1996, section 131, or part of the amount was waived and 14 the rest of the amount was paid. 15 regranted concessional lease means a regranted lease (whether the 16 regrant is on the same or different conditions) if the surrendered 17 lease was a concessional lease. 18 235B Meaning of market value lease--Act 19 In this Act: 20 market value lease-- 21 (a) means a lease other than a lease that-- 22 (i) states, in the lease or a memorial to the lease, that the 23 lease is concessional; or 24 Examples--statement in lease 25 a condition of the lease or a notation or stamp on the lease 26 Note An example is part of the Act, is not exhaustive and may 27 extend, but does not limit, the meaning of the provision in 28 which it appears (see Legislation Act, s 126 and s 132). Planning and Development (Concessional Leases) page 5 Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 4 1 (ii) is possibly concessional; and 2 (b) includes a lease mentioned in schedule 5, part 5.2. 3 235C Meaning of possibly concessional--Act 4 (1) For this Act, a lease is possibly concessional if the lease-- 5 (a) was granted-- 6 (i) before 31 March 2008; or 7 (ii) after 30 March 2008 and before the commencement of 8 this section under the Land (Planning and Environment) 9 Act 1991; and 10 Note A lease may be granted under the Land (Planning and 11 Environment) Act 1991 after 30 March 2008 in some 12 circumstances (see s 458 and s 459A). 13 (b) does not include a statement, in the lease or a memorial to the 14 lease-- 15 (i) that the lease is a concessional lease; or 16 (ii) to the effect that the lease is a market value lease; and 17 Examples--statement in lease 18 a condition of the lease or a notation or stamp on the lease 19 Examples--statement to effect that lease is market value lease 20 the lease is a market value lease or the lease is not concessional 21 Note An example is part of the Act, is not exhaustive and may extend, 22 but does not limit, the meaning of the provision in which it 23 appears (see Legislation Act, s 126 and s 132). 24 (c) is mentioned in schedule 5, part 5.3. 25 (2) However, a lease is not possibly concessional if the lease is also 26 mentioned in schedule 5, part 5.2. 27 Note A lease mentioned in sch 5, pt 5.2 is a market value lease (see s 235B). page 6 Planning and Development (Concessional Leases) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 5 1 (3) Schedule 5, part 5.3, item 12 and this subsection expire 3 years after 2 this subsection commences. 3 5 Granting leases 4 Section 238 (2) (a) 5 substitute 6 (a) a statement-- 7 (i) if the lease is a concessional lease--that the lease is 8 concessional; or 9 (ii) if the lease is not concessional--to the effect that the 10 lease is a market value lease; and 11 Examples--statement in lease 12 a condition of the lease or a notation or stamp on the lease 13 Examples--statement to effect that lease is market value lease 14 the lease is a market value lease or the lease is not concessional 15 Note An example is part of the Act, is not exhaustive and may extend, 16 but does not limit, the meaning of the provision in which it 17 appears (see Legislation Act, s 126 and s 132). 18 6 Restrictions on dealings with certain leases 19 Section 251 (3) to (7) 20 substitute 21 (3) If this section applies to a lease, the planning and land authority 22 must tell the registrar-general that it applies. 23 Note If the planning and land authority tells the registrar-general that this 24 section applies to a lease, the registrar-general must include a memorial 25 in the register to that effect (see Land Titles Act 1925, s 72D). Planning and Development (Concessional Leases) page 7 Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 7 1 (4) If a memorial stating that this section applies to the lease is included 2 in the register under the Land Titles Act 1925, the lessee, or anyone 3 else with an interest in the lease, must not, during the restricted 4 period for the lease, deal with the lease without the written consent 5 of the planning and land authority under section 252. 6 Note Memorial--see the Land Titles Act 1925, dictionary. 7 (5) However, a regulation may exempt a lease from this section, 8 whether generally or in relation to a particular dealing. 9 (6) A dealing in relation to a lease to which this section applies that is 10 made or entered into without consent has no effect. 11 (7) However, subsection (6) does not apply to a dealing registered under 12 the Land Titles Act 1925. 13 Note The registration of an interest in land under the Land Titles Act 1925 14 takes priority over any other interest in the land, subject to some 15 exceptions (see that Act, s 58). 16 7 Grant of further leases 17 Section 254 (3) and note 18 substitute 19 (3) A further lease granted under this section must include a 20 statement-- 21 (a) if the lease is a concessional lease--that the lease is 22 concessional; or page 8 Planning and Development (Concessional Leases) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 8 1 (b) if the lease is not concessional--to the effect that the lease is a 2 market value lease. 3 Examples--statement in lease 4 a condition of the lease or a notation or stamp on the lease 5 Examples--statement to effect that lease is market value lease 6 the lease is a market value lease or the lease is not concessional 7 Note 1 A grant must be lodged with the registrar-general under the Land Titles 8 Act 1925 (see that Act, s 17 (2)). 9 Note 2 An example is part of the Act, is not exhaustive and may extend, but 10 does not limit, the meaning of the provision in which it appears (see 11 Legislation Act, s 126 and s 132). 12 8 Decision about whether lease concessional 13 Section 257 (1) 14 omit 15 or not 16 9 Section 257 (2) and (3) 17 substitute 18 (2) However, if someone (other than the lessee) has a registered interest 19 in the lease, the planning and land authority must not make a 20 decision under subsection (1) unless the authority has-- 21 (a) given written notice (the application notice) of the application 22 to the person; and 23 (b) in the application notice, invited the person to give written 24 representations about the application to the authority at a stated 25 address by not later than the end of a stated period of not less 26 than 15 working days after the date the notice is given to the 27 person; and 28 (c) considered any representations made in the time given in the 29 application notice. Planning and Development (Concessional Leases) page 9 Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 10 1 (2A) If the planning and land authority is not satisfied that the lease is a 2 concessional lease, the authority must decide that the lease is not 3 concessional, in which case the lease is taken to be a market value 4 lease. 5 (3) However, the planning and land authority is taken to have decided 6 (the deemed decision) that the lease is a concessional lease if the 7 authority has not made a decision on the application at the end of the 8 period of 15 working days after-- 9 (a) the day the application is made; or 10 (b) if someone (other than the lessee) has a registered interest in 11 the lease--the day the period for making representations given 12 in the application notice ends. 13 Note 1 A lessee has a right to apply for review of a decision under this 14 provision (see ch 13 and sch 1). 15 Note 2 The time for making an application for review of a deemed decision is 16 20 working days after the end of the 20 working-day period mentioned 17 in s (4) (see s 409A). 18 10 Section 257 (4) 19 substitute 20 (4) If the planning and land authority is taken to have decided that a 21 lease is a concessional lease under subsection (3), the authority may, 22 within 20 working days after the deemed decision is taken to have 23 been made, decide that the lease is a market value lease under 24 subsection (1) despite the deemed decision. 25 Note Because a decision of the ACAT on review is taken to have been a 26 decision of the original decision-maker, the planning and land authority 27 will not be able to decide that the lease is a market value lease if the 28 ACAT has decided an application for review of the deemed decision 29 (see ACT Civil and Administrative Tribunal Act 2008, s 69). page 10 Planning and Development (Concessional Leases) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 11 1 11 Section 257 (5) 2 omit 3 an interest 4 substitute 5 a registered interest 6 12 New section 257 (6) 7 after the note, insert 8 (6) The ACT Civil and Administrative Tribunal Act 2008, section 12 9 (When no action taken to be decision) does not apply to this section. 10 13 Authority may decide whether lease concessional on own 11 initiative 12 New section 258 (2A) 13 insert 14 (2A) If the planning and land authority is not satisfied that the lease is a 15 concessional lease, the authority must decide that the lease is not 16 concessional, in which case the lease is taken to be a market value 17 lease. 18 14 Section 258 (4) 19 omit 20 an interest 21 substitute 22 a registered interest Planning and Development (Concessional Leases) page 11 Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 15 1 15 New sections 258A to 258C 2 insert 3 258A Application for decision about whether certain leases are 4 concessional 5 (1) This section applies to a lease if-- 6 (a) the lease was granted before 31 March 2008; and 7 (b) the lease does not state in the lease that the lease is a 8 concessional lease; and 9 (c) the planning and land authority made a decision (the original 10 decision), whether before or after 31 March 2008, that the 11 lease is a concessional lease; and 12 (d) the original decision is stated in a memorial to the lease. 13 Note Memorial--see the Land Titles Act 1925, dictionary. 14 (2) The lessee of the lease may apply to the planning and land authority 15 for a decision about whether the lease is a concessional lease. 16 258B Making other decisions about concessional status of 17 certain leases 18 (1) On application by the lessee under section 258A, the planning and 19 land authority may decide whether the lease is a concessional lease. 20 (2) However, the planning and land authority must not make a decision 21 under subsection (1) unless-- 22 (a) the authority is satisfied that-- 23 (i) there is additional relevant information about the 24 concessional status of the lease; or page 12 Planning and Development (Concessional Leases) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 15 1 (ii) there is information to indicate that the authority made a 2 formal error when it made the original decision; and 3 Note Formal error--see the dictionary. 4 (b) if someone (other than the lessee) has a registered interest in 5 the lease, the authority has-- 6 (i) given written notice (the application notice) of the 7 application to the person; and 8 (ii) in the application notice, invited the person to give 9 written representations about the application to the 10 authority at a stated address by not later than the end of a 11 stated period of not less than 15 working days after the 12 day the notice is given to the person; and 13 (iii) considered any representations made in the time given in 14 the application notice. 15 (3) If the planning and land authority is not satisfied that the lease is a 16 concessional lease, the authority must decide that the lease is not 17 concessional, in which case the lease is taken to be a market value 18 lease. 19 (4) However, the planning and land authority is taken to have decided 20 (the deemed decision) that the lease is a concessional lease if the 21 authority has not made a decision on the application at the end of the 22 period of 15 working days after-- 23 (a) the day the application is made; or Planning and Development (Concessional Leases) page 13 Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 15 1 (b) if someone (other than the lessee) has a registered interest in 2 the lease--the day the period for making representations given 3 in the application notice ends. 4 Note 1 A lessee has a right to apply for review of a decision under this 5 provision (see ch 13 and sch 1). 6 Note 2 The time for making an application for review of a deemed decision is 7 20 working days after the end of the 20 working-day period mentioned 8 in s (5) (see s 409A). 9 (5) If the planning and land authority is taken to have decided that a 10 lease is a concessional lease under subsection (4), the authority may, 11 within 20 working days after the day the deemed decision is taken to 12 have been made, decide that the lease is a market value lease despite 13 the deemed decision. 14 Note Because a decision of the ACAT on review is taken to have been a 15 decision of the original decision-maker, the planning and land authority 16 will not be able to decide that the lease is a market value lease if the 17 ACAT has decided an application for review of the deemed decision 18 (see ACT Civil and Administrative Tribunal Act 2008, s 69). 19 (6) The planning and land authority must give written notice of the 20 decision under subsection (1) to the applicant and anyone else with a 21 registered interest in the lease to which the decision relates. 22 Note If the notice is given to a person who may apply to the ACAT for 23 review of the decision to which it relates, the notice must be a 24 reviewable decision notice (see s 408 (2)). 25 (7) The ACT Civil and Administrative Tribunal Act 2008, section 12 26 (When no action taken to be decision) does not apply to this section. 27 (8) In this section: 28 original decision--see section 258A (1) (c). 29 258C Authority may make another decision about whether 30 certain leases concessional on own initiative 31 (1) This section applies to a lease if-- page 14 Planning and Development (Concessional Leases) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 15 1 (a) the lease was granted before 31 March 2008; and 2 (b) the lease does not state in the lease that the lease is a 3 concessional lease; and 4 (c) the planning and land authority made a decision (the original 5 decision) that the lease is concessional, whether before or after 6 31 March 2008; and 7 (d) the decision is stated in a memorial to the lease. 8 Note Memorial--see the Land Titles Act 1925, dictionary. 9 (2) The planning and land authority may, on its own initiative, decide 10 whether the lease is a concessional lease. 11 (3) However, the planning and land authority must not make a decision 12 under subsection (2) unless-- 13 (a) the authority is satisfied that-- 14 (i) there is additional relevant information about the 15 concessional status of the lease; or 16 (ii) there is information to indicate that the authority made a 17 formal error when it made the original decision; and 18 Note Formal error--see the dictionary. 19 (b) the authority has-- 20 (i) given written notice (the lease decision notice) of the 21 authority's intention to make a decision under 22 subsection (2) to each person with a registered interest in 23 the lease; and 24 (ii) in the lease decision notice, invited the person to give 25 written representations about the proposed decision to the 26 authority at a stated address by not later than the end of a 27 stated period of not less than 15 working days after the 28 day the notice is given to the person; and Planning and Development (Concessional Leases) page 15 Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 16 1 (iii) considered any representations made in the time given in 2 the lease decision notice. 3 (4) If the planning and land authority is not satisfied that the lease is a 4 concessional lease, the authority must decide that the lease is not 5 concessional, in which case the lease is taken to be a market value 6 lease. 7 (5) Also, if the planning and land authority gives a lease decision notice 8 in relation to a lease, the authority must make a decision under 9 subsection (2) in relation to the lease not later than 15 working days 10 after the day the period for making representations given in the lease 11 decision notice ends. 12 (6) The planning and land authority must give written notice of the 13 decision under subsection (2) to each person with a registered 14 interest in the lease to which the decision relates. 15 Note 1 If the notice is given to a person who may apply to the ACAT for 16 review of the decision to which it relates, the notice must be a 17 reviewable decision notice (see s 408 (2)). 18 Note 2 A lessee has a right to apply for review of a decision under this 19 provision (see ch 13 and sch 1). 20 16 Section 259 21 substitute 22 259 Lodging notice of decision about concessional status of 23 lease 24 (1) This section applies if-- 25 (a) the planning and land authority makes a decision that a lease is 26 a concessional lease or not; and 27 (b) for a decision that the lease is a concessional lease--either-- 28 (i) no application is made to the ACAT for review of the 29 decision within the time allowed for applications; or page 16 Planning and Development (Concessional Leases) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 16 1 (ii) an application for review of the decision is made and the 2 ACAT-- 3 (A) confirms, varies or substitutes the decision; or 4 (B) remits the matter for reconsideration by the 5 planning and land authority and the authority 6 decides that the lease is a concessional lease or not. 7 Note The planning and land authority may decide whether a lease is a 8 concessional lease or market value lease under s 257, s 258, s 258B or 9 s 258C. 10 (2) The planning and land authority must lodge notice with the 11 registrar-general for registration under the Land Titles Act 1925 12 that-- 13 (a) if the planning and land authority decides that the lease is a 14 concessional lease--the lease is concessional; or 15 (b) if the planning and land authority decides that the lease is not 16 concessional--the lease is a market value lease. 17 Note The registrar-general must register an instrument lodged in registrable 18 form (see Land Titles Act 1925, s 48 (1)). 19 259A Lodging notice of deemed decision about concessional 20 status of lease 21 (1) This section applies if-- 22 (a) the planning and land authority is taken to have made a 23 decision that a lease is concessional under section 257 (3) or 24 section 258B (4); and 25 (b) the 20 working-day period mentioned in section 257 (4) or 26 section 258B (5) for the decision has ended; and 27 (c) either-- Planning and Development (Concessional Leases) page 17 Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 16 1 (i) no application is made to the ACAT for review of the 2 decision that the lease is a concessional lease within the 3 time allowed for applications; or 4 (ii) an application for review of the decision is made and the 5 ACAT-- 6 (A) confirms, varies or substitutes the decision; or 7 (B) remits the matter for reconsideration by the 8 planning and land authority and the authority 9 decides that the lease is a concessional lease or not. 10 (2) The planning and land authority must lodge notice with the 11 registrar-general for registration under the Land Titles Act 1925 12 that-- 13 (a) if the planning and land authority decides that the lease is a 14 concessional lease--the lease is concessional; or 15 (b) if the planning and land authority decides that the lease is not 16 concessional--the lease is a market value lease. 17 Note The registrar-general must register an instrument lodged in registrable 18 form (see Land Titles Act 1925, s 48 (1)). 19 259B Non-concessional status of leases 20 (1) This section applies to a lease if-- 21 (a) the lease includes a statement, in the lease or a memorial to the 22 lease, to the effect that the lease is a market value lease; or 23 Examples--statement in lease 24 a condition of the lease or a notation or stamp on the lease 25 Examples--statement to effect that lease is market value lease 26 the lease is a market value lease or the lease is not concessional 27 Note An example is part of the Act, is not exhaustive and may extend, 28 but does not limit, the meaning of the provision in which it 29 appears (see Legislation Act, s 126 and s 132). page 18 Planning and Development (Concessional Leases) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 16 1 (b) the planning and land authority has lodged a notice that the 2 lease is a market value lease with the registrar-general for 3 registration under the Land Titles Act 1925. 4 (2) A person may rely on the statement and deal with the lease as a 5 market value lease. 6 (3) The planning and land authority must not make a decision that 7 would change the lease's status as a market value lease. 8 (4) This section is subject to an order of a court or tribunal. 9 259C Concessional status of leases 10 (1) This section applies to a lease if-- 11 (a) the lease states, in the lease or a memorial to the lease, that the 12 lease is a concessional lease; or 13 Examples--statement in lease 14 a condition of the lease or a notation or stamp on the lease 15 Note An example is part of the Act, is not exhaustive and may extend, 16 but does not limit, the meaning of the provision in which it 17 appears (see Legislation Act, s 126 and s 132). 18 (b) the planning and land authority has lodged a notice that the 19 lease is a concessional lease with the registrar-general for 20 registration under the Land Titles Act 1925. 21 (2) A person may rely on the statement and deal with the lease as a 22 concessional lease. 23 (3) The planning and land authority must not make a decision that 24 would change the lease's status as a concessional lease. 25 (4) This section is subject to-- 26 (a) a decision about whether a lease is a concessional lease under 27 section 258B or section 258C; or Planning and Development (Concessional Leases) page 19 Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 17 1 (b) a variation of the lease to remove the concessional status of the 2 lease under division 9.4.2; or 3 (c) an order of a court or tribunal. 4 259D Concessional status guidelines 5 (1) The planning and land authority may make guidelines 6 (the concessional lease guidelines) setting out information to assist 7 people to decide whether a lease is a concessional lease, market 8 value lease or possibly concessional. 9 (2) A person who is deciding whether a lease is a concessional lease, 10 market value lease or possibly concessional may have regard to the 11 concessional lease guidelines but is not bound by the guidelines. 12 (3) A concessional lease guideline is a notifiable instrument. 13 Note A notifiable instrument must be notified under the Legislation Act. 14 17 Application--div 9.4.2 15 Section 260 16 after 17 the application 18 insert 19 is for or 20 18 New section 260A 21 insert 22 260A Removal of concessional status by variation of lease 23 (1) The concessional status of a lease may only be removed by a 24 variation of the lease. page 20 Planning and Development (Concessional Leases) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 19 1 (2) This section does not apply to a decision under section 258B or 2 section 258C. 3 Example 4 surrender of a concessional lease and regrant of a new market value lease 5 Note 1 A variation of a lease is a development (see s 7). 6 Note 2 An example is part of the Act, is not exhaustive and may extend, but 7 does not limit, the meaning of the provision in which it appears (see 8 Legislation Act, s 126 and s 132). 9 19 Development approval of application about concessional 10 lease subject to condition 11 Section 262 12 after 13 the Territory 14 insert 15 or a territory entity 16 20 New section 262 (2) 17 after the notes, insert 18 (2) A payout amount is taken to be paid to the Territory or a territory 19 entity if the amount is waived by the Treasurer under the Financial 20 Management Act 1996, section 131, or part of the amount is waived 21 and the rest of the amount is paid. Planning and Development (Concessional Leases) page 21 Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 21 1 21 Working out amount payable to discharge concessional 2 leases 3 Section 263 (1) 4 after 5 the Territory 6 insert 7 or a territory entity 8 22 Restrictions on dealings with concessional leases 9 New section 265 (3) 10 insert 11 (3) However, subsection (2) does not apply to a dealing registered under 12 the Land Titles Act 1925. 13 Note The registration of an interest in land under the Land Titles Act 1925 14 takes priority over any other interest in the land, subject to some 15 exceptions (see that Act, s 58). 16 23 No variation of certain leases for 5 years 17 New section 275 (4) and (5) 18 insert 19 (4) However, the planning and land authority may consent to the 20 variation if the variation does not limit, add or remove an authorised 21 use of the land. 22 (5) In this section: 23 authorised use, of land-- 24 (a) means a use authorised (whether expressly or by implication) 25 by a lease; and page 22 Planning and Development (Concessional Leases) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 24 1 (b) includes a use authorised by a lease that expired not more than 2 6 months before the use if the lease is renewed within 6 months 3 after the expiry. 4 24 Transfer of land subject to building and development 5 provision 6 Section 298 (6) 7 omit 8 25 New section 409A 9 insert 10 409A ACAT review--time for making application for deemed 11 decisions 12 (1) This section applies to a reviewable decision under section 257 13 (Decision about whether lease concessional) or section 258B 14 (Making other decisions about concessional status of certain leases). 15 (2) The application for review must be made not later than 20 working 16 days after-- 17 (a) for a decision to which section 257 applies--the 18 20 working-day period mentioned in section 257 (4); or 19 (b) for a decision to which section 258B applies--the 20 20 working-day period mentioned in section 258B (5). 21 26 Transitional effect--Legislation Act, s 88 22 Section 430 23 after 24 This chapter 25 insert 26 (other than section 446 or section 467) Planning and Development (Concessional Leases) page 23 Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 27 1 27 Expiry--ch 15 2 Section 431 3 after 4 part 15.5 5 insert 6 , section 458 7 28 Power to make lease and development conditions 8 Section 446 (5) 9 omit 10 29 Transitional--application for development approval if 11 lease and development condition 12 Section 446A (3) 13 omit 14 30 Transitional--extended application of s 275 15 Section 453 (2) 16 omit 17 31 New sections 456B and 456C 18 insert 19 456B Transitional--certain City Area Leases Act 1936 leases 20 (1) This section applies to a lease-- 21 (a) granted or continued, or purported to be granted or continued, 22 under the City Area Leases Act 1936; and 23 (b) in force immediately before 2 April 1992; and page 24 Planning and Development (Concessional Leases) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 32 1 (c) to which the City Area Leases Act 1936, section 18 (Rent) 2 applies. 3 (2) Despite the repeal of the City Areas Leases Act 1936, that Act, 4 section 18 applies to the lease from 2 April 1992. 5 456C Transitional--certain Leases (Special Purposes) Act 1925 6 leases 7 (1) This section applies to a lease-- 8 (a) granted or continued, or purported to be granted or continued, 9 under the Leases (Special Purposes) Act 1925; and 10 (b) in force immediately before 2 April 1992; and 11 (c) to which the Leases (Special Purposes) Act 1925, section 5AB 12 (Rent) applies. 13 (2) Despite the repeal of the Leases (Special Purposes) Act 1925, that 14 Act, section 5AB applies to the lease from 2 April 1992. 15 32 Transitional--applications for certain grants before 16 commencement day 17 New section 458 (3) (aa) 18 before paragraph (a), insert 19 (aa) must include a statement-- 20 (i) if the lease is a concessional lease--that the lease is 21 concessional; or 22 (ii) if the lease is not concessional--to the effect that the 23 lease is a market value lease; and 24 Examples--statement in lease 25 a condition of the lease or a notation or stamp on the lease 26 Examples--statement to effect that lease is market value lease 27 the lease is a market value lease or the lease is not concessional Planning and Development (Concessional Leases) page 25 Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 33 1 Note An example is part of the Act, is not exhaustive and may extend, 2 but does not limit, the meaning of the provision in which it 3 appears (see Legislation Act, s 126 and s 132). 4 33 Section 458 (4) 5 omit 6 34 Transitional--contracts before commencement day to 7 grant leases 8 New section 459A (3) (aa) 9 before paragraph (a), insert 10 (aa) must include a statement-- 11 (i) if the lease is a concessional lease--that the lease is 12 concessional; or 13 (ii) if the lease is not concessional--to the effect that the 14 lease is a market value lease; and 15 Examples--statement in lease 16 a condition of the lease or a notation or stamp on the lease 17 Examples--statement to effect that lease is market value lease 18 the lease is a market value lease or the lease is not concessional 19 Note An example is part of the Act, is not exhaustive and may extend, 20 but does not limit, the meaning of the provision in which it 21 appears (see Legislation Act, s 126 and s 132). 22 35 Transitional--plans of management 23 Section 467 (5) 24 omit page 26 Planning and Development (Concessional Leases) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 36 36 Reviewable decisions, eligible entities and interested entities Schedule 1, item 19 substitute 19 decision under s 257 or s 258 that lease planning and land lessee is a concessional lease authority 19A decision under s 258B or s 258C that planning and land lessee lease is a concessional lease authority Planning and Development (Concessional Leases) Amendment Bill 2010 page 27 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 37 37 New schedule 5 insert Schedule 5 Market value leases and leases that are possibly concessional (see s 235B and s 235C) Part 5.1 Interpretation 5.1 Definitions--sch 5 In this schedule: deal--see section 234. incorporated association means an association incorporated under the Associations Incorporation Act 1991 or a law of another jurisdiction corresponding, or substantially corresponding, to that Act. rental lease--see section 234. residential lease--see section 234. rural lease--see section 234. Part 5.2 Market value leases Note A lease is not a market value lease if the lease states, in the lease or a memorial to the lease, that the lease is a concessional lease or the lease is possibly concessional (see s 235B and s 235C). page 28 Planning and Development (Concessional Leases) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 37 column 1 column 2 item lease 1 a consolidated or subdivided lease or a further or regranted lease, other than a lease mentioned in section 235A (1) 2 a rural lease 3 a lease over land that, immediately before the grant of the lease, was owned, controlled or held by the housing commissioner under the Housing Assistance Act 2007 4 a lease granted to the Territory or a territory entity Note Territory entity--see the dictionary. 5 a residential lease 6 a rental lease granted for commercial purposes after 1 January 1974 if the rent was paid out-- (a) in accordance with a law in force in the Territory; or (b) by agreement between the Commonwealth or the Territory and the lessee Examples--commercial purposes 1 industrial 2 business 7 a lease (the individual lease) granted for no consideration if-- (a) the individual lease is granted following the subdivision of a lease (the head lease) held by the person to whom the individual lease is granted; and (b) the person has provided infrastructure on the land leased under the head lease Planning and Development (Concessional Leases) page 29 Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 37 column 1 column 2 item lease 8 a lease granted under the City Area Leases Act 1936-- (a) before 1 January 1971; and (b) to which that Act, section 18 (Rent) applies; and (c) that does not state, in the lease or a memorial to the lease, that the lease is subject to a restriction on dealing with the lease Note If a lease states that it is subject to a restriction on dealing, the lease is possibly concessional (see sch 5, pt 5.3, item 4). 9 a lease that includes a statement, in the lease or a memorial to the lease, to the effect that the lease is a market value lease Examples--statement in lease a condition of the lease or a notation or stamp on the lease Examples--statement to effect that lease is market value lease the lease is a market value lease or the lease is not concessional 10 a lease granted to an entity, other than the Territory or a territory entity, if-- (a) the lease 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 (b) the land comprised in the lease was occupied by the Territory or a territory entity on the lease commencement day Note Territory entity--see the dictionary. 11 a lease granted to the Commonwealth or a Commonwealth entity page 30 Planning and Development (Concessional Leases) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 37 column 1 column 2 item lease 12 a lease granted to an entity, other than the Commonwealth or a Commonwealth entity, if-- (a) the lease 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 (b) the land comprised in the lease was occupied by the Commonwealth or a Commonwealth entity on the lease commencement day Note Commonwealth entity--see the dictionary. 13 a lease granted under the City Area Leases Act 1936 if, on 1 July 2009-- (a) the lessee of the lease is the holder of a club licence under the Liquor Act 1975; and (b) at least 75% of the area of the land comprising the lease is located in 1 or both of the following: (i) a commercial zone under the territory plan; (ii) 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 (c) the lease does not state that there is a restriction on dealing with the lease; and (d) the lease authorises the land comprised in the lease to be used for both-- (i) a licensed club under the Liquor Act 1975; and (ii) 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 Planning and Development (Concessional Leases) page 31 Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 37 column 1 column 2 item lease 14 a lease granted to the Australian National University established under the Australian National University Act 1991 (Cwlth) 15 a lease granted under the Land (Planning and Environment) Act 1991, section 164 (Special leases) 16 a lease granted under the City Area Leases Act 1936 for commercial purposes 17 a lease granted after 30 March 2008 other than a lease-- (a) that states, in the lease or a memorial to the lease, that the lease is a concessional lease; or (b) that satisfies the requirements under section 235C (1) Note Certain leases granted after 30 March 2008 under the Land (Planning and Environment) Act 1991 are possibly concessional (see s 235C). 18 a lease granted before 31 March 2008 if-- (a) the lease was granted for a consideration less than the full market value of the lease, or for no consideration; but (b) 1 of the following payments was made to the Territory, a territory entity, the Commonwealth, a Commonwealth entity or the entity that originally granted the lease: (i) an amount in relation to the grant of the lease that was equal to the lease's market value at the time of payment or, if the amount was paid in parts, at the time of the last payment; (ii) an amount to reduce the rent payable under the lease to a nominal rent under the Land (Planning and Environment) Act 1991, section 186 (Variation of lease to pay out rent) page 32 Planning and Development (Concessional Leases) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 37 column 1 column 2 item lease 19 a lease granted before 1 July 2007 if-- (a) the lessee applied in writing to the planning and land authority or the Minister to remove the concessional status of the lease; and (b) the planning and land authority or the Minister-- (i) approved the application in writing before 31 March 2008, subject to payment of an amount (the application amount), decided by the planning and land authority or the Minister, equal to the lease's market value; and (ii) decided the application amount in writing, after 1 July 2007 and before 31 March 2008; and (c) the lessee did not pay the application amount before 31 March 2008; and (d) the lessee pays the application amount within 6 months after the commencement of this schedule 20 a lease prescribed by regulation Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). Part 5.3 Possibly concessional leases Note A lease is not possibly concessional if the lease states that the lease is concessional or the lease is mentioned in part 5.2 (see s 235C). column 1 column 2 item lease 1 a lease granted to a property trust or other corporation established by or in relation to a religious organisation that may hold property in accordance with an Act 2 a lease granted under the Leases (Special Purposes) Act 1925 Planning and Development (Concessional Leases) page 33 Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 37 column 1 column 2 item lease 3 a lease that states, in the lease or a memorial to the lease, that the Land (Planning and Environment) Act 1991, section 167 applies to the lease 4 a lease that states, in the lease or a memorial to the lease, that the lease is subject to a restriction on dealing with the lease 5 a lease that was granted under the Leases Act 1918 6 a lease that states, in the lease or a memorial to the lease, that the lease is subject to a requirement that 1 or more stated uses of the land may only be exercised by the lessee 7 a lease granted to an incorporated association if-- (a) the incorporated association is still the lessee; and (b) the lease states that the lease is subject to a requirement that the incorporated association occupy a minimum area of land 8 a lease-- (a) granted to a club, whether or not the club is still the lessee; or (b) that authorises the land comprised in the lease to be used for a club 9 a lease granted to a community organisation that states that the lease was granted under the Land (Planning and Environment) Act 1991, section 163, whether or not the community organisation is still the lessee Note Community organisation--see the dictionary. page 34 Planning and Development (Concessional Leases) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 38 column 1 column 2 item lease 10 a lease granted to an incorporated association or community organisation over a unit in a units plan under the Unit Titles Act 2001 if-- (a) the lease (the original lease) that ended on registration of the units plan was granted to the incorporated association or community organisation; and (b) the incorporated association or community organisation occupies the unit-- (i) for its own purposes; and (ii) in accordance with a condition in the original lease Note On registration of a units plan, the lease of the parcel of land over which the units plan is registered ends (see Unit Titles Act 2001, s 33). 11 a lease, other than a rural lease, granted for a term less than 99 years 12 a lease prescribed by regulation, other than a lease in relation to which a dealing was registered after the commencement of this item and before the commencement of the regulation Note This item expires 3 years after s 235C (3) commences (see s 235C (3)). 38 Dictionary, new definitions insert Commonwealth entity means-- (a) a body established under a Commonwealth Act; 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); or Planning and Development (Concessional Leases) page 35 Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 39 (d) a company in which a controlling interest is held by either of the following, or by both of the following together: (i) the Commonwealth; (ii) a Commonwealth company under the Commonwealth Authorities and Companies Act 1997 (Cwlth). community organisation means a corporation that-- (a) has, as its principal purpose, the provision of a service, or a form of assistance, to people living or working in the ACT; and (b) is not carried on for the financial benefit of its members; and (c) does not hold a club licence under the Liquor Act 1975. 39 Dictionary, definition of concessional lease substitute concessional lease--see section 235A. 40 Dictionary, definition of market value lease substitute market value lease--see section 235B. 41 Dictionary, new definitions insert memorial--see the Land Titles Act 1925, dictionary. possibly concessional, in relation to a lease--see section 235C. territory entity means-- (a) a territory authority; or (b) a territory instrumentality; or page 36 Planning and Development (Concessional Leases) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 41 (c) a territory-owned corporation. Note Territory authority, territory instrumentality and territory-owned corporation--see the Legislation Act, dictionary, pt 1. Planning and Development (Concessional Leases) page 37 Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 42 Part 3 Planning and Development Regulation 2008 42 Concessional leases Part 5.1A omit 43 Definitions--pt 5.1 Section 100, definition of Commonwealth entity omit 44 Section 100, definition of territory entity substitute territory entity does not include the housing commissioner. 45 Direct sales requiring approval by Executive-- Act, s 240 (1) (a) Section 105 (a) (i), note substitute Note Territory entity--see the Act, dictionary. 46 Section 105 (a) (ii), note substitute Note Commonwealth entity--see the Act, dictionary. 47 Section 105 (e), note substitute Note Community organisation--see the Act, dictionary. page 38 Planning and Development (Concessional Leases) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 48 48 Direct sale criteria for territory entities-- Act, s 240 (1) (a) (i) Section 106, note substitute Note Territory entity--see the Act, dictionary. 49 Direct sale criteria for Commonwealth entities-- Act, s 240 (1) (a) (i) Section 107 (1), note substitute Note Commonwealth entity--see the Act, dictionary. 50 Direct sale criteria for community organisations-- Act, s 240 (1) (a) (i) Section 112 (1), note substitute Note Community organisation--see the Act, dictionary. 51 Direct sale criteria for supportive accommodation-- Act, s 240 (1) (a) (i) Section 113 (1) (a), note substitute Note Community organisation--see the Act, dictionary. 52 Section 142 heading substitute 142 Exemptions from restrictions on dealings with certain leases--Act, s 251 (5) Planning and Development (Concessional Leases) page 39 Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 53 53 Increase of change of use charge for concessional leases--Act, s 279 (1) and (2) Section 181 (3), definition of consolidated or subdivided concessional lease omit 235 (3) substitute 235A (4) 54 Increase of change of use charge for recently commenced leases--Act, s 279 (1) and (2) Section 182 (1) (b), note omit 235 substitute 235A 55 Amount of refund on surrender or termination of certain leases--Act, s 300 (2) Section 210 (1) (b), note substitute Note Community organisation--see the Act, dictionary. 56 Dictionary, note 3 insert · community organisation · concessional lease (see s 235A) · territory entity page 40 Planning and Development (Concessional Leases) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 57 57 Dictionary, definitions of Commonwealth entity, community organisation and territory entity omit Endnotes 1 Presentation speech Presentation speech made in the Legislative Assembly on 2010. 2 Notification Notified under the Legislation Act on 2010. 3 Republications of amended laws For the latest republication of amended laws, see www.legislation.act.gov.au. © Australian Capital Territory 2010 Planning and Development (Concessional Leases) page 41 Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au