Health Infrastructure Enabling Regulation 2023

This section applies to any security right that is taken to have been acquired by the Territory under the Act.

The securityholder retains, in relation to so much of the security as is not discharged by section 25 (Effect of compensation claim in relation to acquisition of security right), any right and remedy that the securityholder may have—

against Calvary; or

in relation to any interest that is still subject to the security.

Schedule 1 Amended Crown lease

(see s 8)

1.1 Amendment of Crown lease

The Crown lease is amended as follows:

text that is underlined is inserted into the Crown lease;

text that is struck through is omitted from the Crown lease.

Entered in the Register Book

Volume Folio

Registrar-General

Section 167

Land (Planning and Environment) Act applies

AUSTRALIAN CAPITAL TERRITORY

LAND (PLANNING AND ENVIRONMENT) ACT 1991

Australian Capital Territory (Planning and Land

Management) Act 1988 (C'th) ss 29, 30 & 31

LESSEE

LAND

TERM

LEASE GRANTED pursuant to the Land (Planning and Environment) Act 1991 and the Regulations thereunder on the Sixteenth day of November One thousand nine hundred and ninety nine WHEREBY THE AUSTRALIAN CAPITAL TERRITORY EXECUTIVE ON BEHALF OF THE COMMONWEALTH OF AUSTRALIA (hereinafter called "the Commonwealth") grants to CALVARY HOSPITAL ACT INCORPORATED an association incorporated under the Associations Incorporation Act 1991 of the Australian Capital Territory having its principal office at Calvary Hospital Bruce in the said Territory (hereinafter called "the Lessee") ALL THAT piece or parcel of land situate in the Australian Capital Territory containing an area of 12.69 [insert area of private hospital land] hectares or thereabouts and being Block 1 Section 1 Division of Bruce [insert identifier for private hospital land] as delineated on Deposited Plan Number 2360 [insert deposited plan number for private hospital land] in the Registrar-General's Office at Canberra in the said Territory (hereinafter referred to as "the land") RESERVING unto the Territory all minerals TO HOLD unto the Lessee for the term of ninety nine years commencing on the sixteenth day of November One thousand nine hundred and ninety nine (hereinafter referred to as "the date of the commencement of the lease") to be used by the Lessee for the purpose set forth in sub-clause (a) of Clause 3 of this lease only YIELDING AND PAYING THEREFOR rent in the amount and in the manner and at the times hereinafter provided and UPON AND SUBJECT TO the covenants conditions and agreements hereinafter contained.

1. INTERPRETATION

1.1 IN THIS LEASE, unless the contrary intention appears:

Adjacent Land means [insert identifier for public hospital land];

Australian Capital Territory Executive means the Executive established by section 36 of the Australian Capital Territory (Self-Government) Act 1988 (C'th);

Lessee shall –

where the Lessee consists of one person be deemed to include the Lessee and the executors administrators and assigns of the Lessee;

where the Lessee consists of two or more persons be deemed to include in the case of a tenancy in common the persons and each of them and their and each of their executors administrators and assigns and in the case of a joint tenancy be deemed to include the said persons and each of them and their and each of their assigns and the executors administrators and assigns of the survivor of them; and

where the Lessee is a corporation be deemed to include such corporation its successors and assigns;

Territory means –

when used in a geographical sense the Australian Capital Territory; and

when used in any other sense the body politic established by section 7 of the Australian Capital Territory (Self Government) Act 1988 (C’th);

2. THE LESSEE COVENANTS WITH THE COMMONWEALTH as follows:

RENT

That the Lessee shall pay to the Territory rent at the rate of ten cents per annum if and when demanded payable within one month of the date of any demand made by the Territory relating thereto and served on the Lessee;

MANNER OF PAYMENT OF RENT

That any rent or other moneys payable by the Lessee to the Territory under this lease shall be paid to such person as may be authorised by the Territory for that purpose at Canberra in the said Territory without any deduction whatsoever.

3. THE LESSEE FURTHER COVENANTS WITH THE COMMONWEALTH as follows:

PURPOSE

To use the said land only for the purpose of a hospital and ancillary services thereto and accommodation facilities for employees of the hospital and a residence and ancillary services for members of the Calvary Hospital ACT Incorporated who are conducting the hospital;

BUILDING SUBJECT TO APPROVAL

That the Lessee shall not without the previous approval in writing of the Territory erect any building or structure other than a hospital or make any structural alteration to any building or erection on the said land;

REPAIR

That the Lessee shall at all times during the said term maintain repair and keep in repair all buildings and erections on the said land all to the satisfaction of the Territory. In case of loss or damage to any buildings or other improvements on the said land which have been wholly paid for directly or indirectly by the Territory the Territory may in their absolute discretion at their own cost replace such buildings or other improvements as they think fit;

FAILURE TO REPAIR

If and whenever the Lessee fails to repair or keep in repair any building or erection on the said land the Territory may by notice in writing to the Lessee specifying the wants of repairs require the Lessee to effect repairs in accordance with the said notice or to remove the building or erection and if after the expiration of one calendar month from the date of the said notice or such longer time as the Territory may in writing allow the Lessee has not effected the said repairs or removed the building or erection the Territory with such equipment as is necessary may enter upon the said land and effect the said repairs or (if the Territory is of the opinion the building or erection is beyond reasonable repair) may demolish and remove the building or erection;

SUB-LETTING

Not to assign sub-lease or part with possession of any or all of the said land or buildings erections or improvements thereon without the previous approval in writing of the Territory;

RIGHT OF INSPECTION

Subject to the provisions of the Land (Planning and Environment) Act 1991 to permit any person or persons authorised by the Territory to enter upon the said land at all reasonable times and in any reasonable manner and inspect the said land and any buildings erections and improvements thereon;

RATES AND CHARGES

To pay all rates charges and other statutory outgoings assessed levied or payable in respect of the said land as and when the same fall due;

LAND ACCESS

To permit any person or persons authorised by the Territory to enter upon the said land at all reasonable times and in any reasonable manner to enable access between the hospital on the Adjacent Land and any hospital on the land.

4. THE COMMONWEALTH COVENANTS WITH THE LESSEE that the Lessee observing and performing the covenants on the part of the Lessee to be observed or performed shall quietly enjoy the said land without interruption by the Territory; THE COMMONWEALTH FURTHER COVENANTS WITH THE LESSEE that while the Adjacent Land is owned or controlled by the Territory the Lessee (and/or any approved sublessee operating a hospital on the land) will be permitted to access any hospital on the Adjacent Land at such times and in such manner as is reasonably required for the purpose of the conduct of the business of a hospital operated from the land by the Lessee and/or their approved sublessee.

5. IT IS MUTUALLY COVENANTED AND AGREED as follows:

SURRENDER

In the event of the expiration surrender or termination of the lease (not being termination arising under the next succeeding sub-clause) the Lessee shall not remove or be entitled to compensation for the value of any buildings or other improvements on the said land which have been wholly paid for directly or indirectly by the Territory. In respect of all other buildings and other improvements the Lessee may be paid such compensation as determined by the Territory having regard to the financial contribution made by the Lessee in the construction of those buildings and other improvements provided that the amount or amounts payable as compensation shall not exceed the value or values of such buildings or other improvements at the time of the expiration surrender or termination;

In the event that the Lessee breaches or fails to comply with any of the terms and conditions of the Agreement made between the Australian Capital Territory and Calvary Health Care ACT Limited dated the seventh day of December two thousand and eleven which said Agreement deals with the construction establishment operation and maintenance of Calvary Hospital in the said Territory or any of the covenants of this lease or any applicable law of the said Territory the Territory without prejudice to any other remedy may give the Lessee thirty days notice requiring it to rectify such breach or omission and in the event that such breach or omission is not rectified within such time the Territory may forthwith terminate the lease and in that event the Lessee will be entitled to fair and reasonable compensation for the value of the buildings and other improvements having regard to the financial contributions made by the Lessee in the construction of those buildings and other improvements;

FURTHER LEASE

Subject to the provisions of the Land (Planning and Environment) Act 1991 the Lessee shall be entitled to a further lease of the said land for such further term and at such rent and subject to such conditions as may then be provided or permitted by Statute Ordinance or Regulation;

NOTICES

That any notice requirement demand consent or other communication to be given to or served upon the Lessee under this lease shall be deemed to have been duly given or served if signed by or on behalf of the Territory and delivered to or sent in a prepaid letter addressed to the Lessee at the registered office of the Lessee in the said Territory BUT if for any reason the Lessee does not have a registered office in the said Territory then at the usual or last-known address of the Lessee or affixed in a conspicuous position on the said land;

EXERCISE OF POWERS

Any and every right power and or remedy conferred on the Commonwealth the Territory or the respective Ministers hereunder or implied by law may be exercised on behalf of the Commonwealth the Territory or the respective Ministers as the case may be by:

the Australian Capital Territory Executive;

the Minister for the time being administering the Land (Planning and Environment) Act 1991 or any Statute Ordinance or Regulation substituted therefor;

an authority or person for the time being authorised by the Australian Capital Territory Executive or the Minister referred to in (i) or (ii) above or by law to exercise those powers or functions of the Territory the Commonwealth or the relevant Minister; or

the person to whom the Minister referred to in (ii) above has delegated all his powers or functions under the said Land (Planning and Environment) Act 1991 or any Statute Ordinance or Regulation substituted therefor.

IN WITNESS whereof the Australian Capital Territory Executive on behalf of the Commonwealth and the Lessee have executed this Lease.

SIGNED, SEALED and DELIVERED by [insert delegate’s name] a person duly authorised by the Australian Capital Territory Executive for and on behalf of the Commonwealth in the presence of:

Signature of delegate

Signature of witness

Name of delegate (block letters)

Full name of witness (block letters)

Position of delegate (block letters)

The Common Seal of CALVARY HOSPITAL ACT INCORPORATED was affixed hereto by the authority of the Local Council and in the presence of:

Signature of authorised person

Signature of witness

Name of authorised person (block letters)

Full name of witness (block letters)

Position of authorised person (block letters)

Dictionary

(see s 3)

Note 1 The Legislation Act contains definitions relevant to this regulation. For

example:  head of service

 notifiable instrument

 the Territory

 territory law.

Note 2 Terms used in this regulation have the same meaning that they have in the Health Infrastructure Enabling Act 2023. For example, the following terms are defined in the Act, dict:

 acquisition day (see s 7)

 Crown lease

 director-general (see s 23 (1))

 hospital land

 interest, in the public hospital land or a public hospital asset

 network agreement

 public hospital assets

 public hospital contract

 public hospital employee

 public hospital land

 security

 securityholder

 security right.

acquisition, for part 4 (Compensation)—see section 9.

claim, for part 4 (Compensation)—see section 9.

claimant, for part 4 (Compensation)—see section 9.

compensation—see the Act, section 10 (5).

market value, for part 4 (Compensation)—see section 9.

miscellaneous interest, for part 4 (Compensation)—see section 16.