1 This Act may be cited as the City Area Leases Act 1936.1
2 (1) The Ordinances set out in the Schedule to this Act are repealed.
4 (1) This Act shall apply to Territory Land within the area specified by the Minister, in pursuance of any repealed Ordinance, by notice in the Gazette, as varied by the Minister in pursuance of any such Ordinance.
5 Subject to this Act, the Minister may, in the name of the Commonwealth, grant leases of land for business or residential purposes or for both business and residential purposes.
6 (1) Subject to this Act, the Minister may, by notice in the Gazette, delegate to any person or authority all or any of his powers and functions under this Act or any regulations made under this Act (except this power of delegation) so that the delegated powers may be exercised by the delegate with respect to the matters or class of matters specified in the instrument of delegation.
8 A lease granted for business purposes or for business and residential purposes may specify the particular class or classes of business for which the land included in the lease may be used.
9A 9A. Where the lessee or sub-lessee of land uses the land, or permits the land to be used, for an unauthorized purpose, the Supreme Court may, by order, direct the lessee or sub-lessee, as the case may be, not to use the land, or permit the land to be used, for that purpose.
9B 9B. An application for an order under section 9A may be made—
10 (1) Where in any lease the lessee covenants to use the land included in the lease for residential purposes only, the land shall not be deemed to be used for any other purpose by reason only of any person, bona fide resident on the land, carrying on, with and subject to the approval of the Minister, and in accordance with such conditions relating to the use of the land as the Minister specifies, his profession, trade, occupation or calling on the land.
12 Adjustment of betterment charge on variation of determination on
13 (1) In this section, “the successful bidder”, in relation to the sale by auction of the right to the grant of a lease of a parcel of land, means the person who, at the auction, bids the highest amount for the right to the grant of the lease.
14 (1) In this section, “the successful applicant”, in relation to applications invited for the right to the grant of a lease of a parcel of land, means the person who offers the highest amount for the right to the grant of the lease or, in the circumstances referred to in subsection (4) of this section, the person determined in accordance with that subsection to be the successful applicant.
17 (1) The Minister may, on behalf of the Commonwealth, grant a lease of any unleased land under this Act notwithstanding that the right to the lease has not been offered by auction and that applications for the lease have not been invited under section fourteen of this Act.
18 (1) In this section, the prescribed date is the first day of January, One thousand nine hundred and seventy-one.
19 (1) In this section, a reference to the amount payable in respect of the improvements on a parcel of land is a reference to—
20 (1) In this section— “lessee” has the same meaning as in section 19A; “market value”, in relation to improvements on land, means the amount by which the improvements increase the value of the lease of the land, assuming that the lease, together with the improvements, were offered for sale at a bona fide sale on the day immediately before the prescribed date on such reasonable terms and conditions as a bona fide seller would require; “prescribed date” means, in relation to land the lease of which has expired or has been determined or surrendered, the date of expiry, determination or surrender, as the case requires.
21 (1) Where a person entitled, under section thirteen, fourteen, fifteen or seventeen of this Act, to the grant of a lease of a parcel of land has, within one month after the date on which a lease of the parcel of land is tendered to him for execution, failed to accept, sign and seal the lease and, in an appropriate case, pay any amount payable by him before the grant of the lease or execute a mortgage to the Commonwealth securing the payment of any unpaid balance of the amount payable by him in respect of the grant of the lease, the Minister may, at any time during which the failure continues, by notice in the Gazette, after at least one month's notice (given in accordance with the provisions of this section) of his intention so to do, determine the right of the person to the grant of the lease.
22 (1) Where by virtue of any provision contained in any lease the Territory, on behalf of the Commonwealth, may determine the lease, the lease shall not be determined until fourteen days' notice that the Territory, on behalf of the Commonwealth, intends, in pursuance of the powers contained in the lease, to determine the lease and setting out fully the conditions for failure to comply with which the lease may be determined has been given to the following persons:
26 Where a lessee of a parcel of land surrenders his lease for the purpose of being granted, in substitution for the surrendered lease, a lease under this Act of another parcel of land, whether including the first-mentioned parcel or any portion thereof or otherwise, the term of the lease granted in substitution for the surrendered lease shall—
28C 28C. Where a transaction referred to in subsection (2) of the last preceding section has been entered into subject to the consent of the Minister being obtained—
28G 28G. A person shall not make to the Minister or to a person authorized by the Minister to give consents under section twenty-eight B of this Act a statement, whether oral or in writing, relating to an application for consent to a transaction under that section, that is, to the knowledge of the person, false or misleading in a material particular.
29 (1) Subject to section thirty of this Act, each parcel of land included in a lease shall at all times be held and occupied by or under the lessee as one undivided parcel.
30 (1) Any portion of a building erected on a parcel of land included in a lease may, subject to the lease and any sub-lease of the land, be sub-let separately from the remainder of that building.
31 (1) The Minister may, by notice in writing to a lessee, require the lessee to erect a fence on the boundary or any portion of the boundary of the land included in his lease.
32 (1) In this section, “party-wall” means a wall or structure designed for the common use of two or more buildings and erected or to be erected upon a common boundary or portion of a common boundary between two parcels of land subject to this Act, and extending laterally into each of such parcels of land, and includes any wall, wholly or partly used for the support of two or more buildings and erected in connexion with a building in respect of which there is applicable a certificate—
35 (1) The land included in a lease shall at all times be kept by the lessee clean, tidy, and free from debris, dry herbage, rubbish, carcasses of animals and other unsightly or offensive matter.
37 The Leases Act 1918, other than section 2A of that Act, shall not apply to any land included in a lease under this Act or any repealed Act.
37B 37B. The Minister may, by notice in writing in the Gazette, determine fees for the purposes of this Act.
38 The Executive may make regulations, not inconsistent with this Act, prescribing all matters which are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act, and in particular prescribing matters providing for and in relation to—
