Planning Act 2023

This section applies if—

a person who is or was the lessee under a lease of land (the old lease) applies to the territory planning authority for the grant of another lease of the land (a further lease); and

neither the Territory nor the Commonwealth needs the land for a public purpose; and

either—

before the expiry of the old lease, the lessee surrenders the old lease; or

the old lease expired not more than 6 months before the application for the grant of the further lease; and

if the old lease is not a residential lease—all rent due under the old lease is paid; and

if the further lease is a rural lease—

if the further lease is a rental lease—the amount of rent determined under section 347 is payable under the further lease; or

in any other case—

the amount determined under section 347 for the grant of the further lease is paid; or

if the determination under section 347 for the grant of the further lease provides for the payment of the amount by instalments—any instalment required, under the determination, to be paid before the further lease is granted is paid; and

any criteria prescribed by regulation are satisfied.

For an old lease granted or arising under the Unit Titles Act 2001—

the owners corporation for a units plan may apply on behalf of an owner of a unit for the grant of a further lease of the unit; and

for a units plan that subdivides land under a declared land sublease—the owners corporation for the units plan may apply for the grant of a further lease under the Unit Titles Act 2001, section 167AA.

The territory planning authority must grant the lessee the further lease of the land for a term not longer than—

99 years; or

for a rural lease for which a period shorter than 99 years is determined under section 348—the shorter period.

A further lease granted under this section must include a statement—

if the lease is a concessional lease—that the lease is concessional; or

if the lease is not concessional—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

Note A grant must be lodged with the registrar-general under the Land Titles Act 1925 (see that Act, s 17 (2)).

A further lease begins on the day after—

the day the old lease is surrendered; or

for a further lease granted on application after the expiry of the old lease—the day after the old lease expires.

If the term of a further lease granted under subsection (3) is not longer than the term of the old lease, any fee payable under subsection (3) for the grant of the further lease must not be more than the cost of granting the further lease.