"development costs", in relation to land, means costs of development of the land, other than costs that have been recouped by payments out of the Trust Account.

"Territory Land" has the same meaning as in the Australian Capital Territory (Planning and Land Management) Act 1988 .

"Trust Account" means the Australian Capital Territory Trust Account established under section 62A of the Audit Act 1901 .

(2)

Where:

(a)

before Self-Government Day, the Commonwealth incurred development costs in relation to any land in the Territory;

(b)

immediately before that Day, the land was not subject to a leasehold interest and was, or was intended to be, available to be:

(i)

leased; or

(ii)

used by the Territory for commercial purposes; and

(c)

on that Day, the land becomes Territory Land;

the Territory shall pay to the Commonwealth a reasonable amount as reimbursement of those costs.

(3)

Where:

(a)

before Self-Government Day:

(i)

the Commonwealth incurred development costs in relation to any land in the Territory; and

(ii)

a leasehold interest in the land has been sold; and

(b)

the proceeds of the sale have:

(i)

been paid into the Trust Account before that Day; or

(ii)

become payable to the Territory on or after that Day;

the Territory shall pay to the Commonwealth a reasonable amount as reimbursement of those costs.