Planning Act 2023

The Executive may approve the grant by direct sale of a community lease if satisfied that—

the grant will achieve the objective of delivering a service that provides ongoing benefits to the community; and

a grant by a means other than direct sale is unlikely to meet that objective to the same extent as the grant by direct sale of the lease.

If the Executive approves the grant of a community lease under subsection (1), the approval must—

state the reasons why the grant is not to be made by tender under section 295; and

state the community lease use for which the land must be used.

A statement of reasons under subsection (2) must be published on the authority website.

If the territory planning authority grants a community lease by direct sale, the lease must include—

the community lease use for which the land must be used; and

the community lease provisions.

Note 1 The territory planning authority may only grant a community lease if the Executive approves the grant under s (1) (see s 266 (1) (d)).

Note 2 The lease must also include a statement that the lease is a concessional lease (see s 263 (2) (a) (i)).