Planning Act 2023

This section applies to certain leases continued under section 619.

The Australian National University (Leases) Act 1967 (repealed) continues to apply in relation to a lease—

granted under, or continued in force by, that Act; and

in force immediately before the commencement day.

The Church Lands Leases Act 1924 (repealed), sections 5, 6, 8 and 10 continue to apply in relation to a lease—

granted under that Act; and

in force immediately before the commencement day.

In a continuing CALA lease, a reference to improvements is a reference to improvements other than improvements by way of clearing, draining, grading, filling, excavating or levelling made by the Territory or the Commonwealth or the cost of which the Territory or the Commonwealth has paid.

The following sections of the City Area Leases Act 1936 (repealed), continue to apply:

to the extent that the section relates to a variation of a continuing CALA lease in relation to which notice under that Act, section 18A was given before the commencement day—section 18B;

to the extent that the section relates to a continuing CALA lease in relation to which notice under the section was given before the commencement day—section 22;

to the extent that the section relates to a continuing CALA lease mentioned in that Act, section 28A (1)—section 28A;

to the extent that the section relates to a continuing CALA lease mentioned in that Act, section 28DA (1)—section 28DA;

to the extent that the section relates to a sublease mentioned in that Act, section 30A (2) and in force immediately before 2 April 1992—section 30A.

Despite the repeal of the Leases (Special Purposes) Act 1925 (repealed), that Act, sections 5AC, 5AD, 5A and 5B continue to apply in relation to a lease—

granted under that Act, section 3 (2) as in force immediately before 11 May 1989; and

in force immediately before the commencement day.

The Leases (Special Purposes) Act 1925 (repealed), section 5BA (6) continues to apply in relation to a lease—

granted under that Act; and

in force immediately before the commencement day.

In this section:

continuing CALA lease means a lease granted or continued, or purported to have been granted or continued, under the City Area Leases Act 1936 (repealed).

M 621 Grants of leases commenced but not completed before commencement day

This section applies if, before the commencement day—

a pre-grant process has started in relation to the grant of a lease by auction, tender, ballot or direct sale under the repealed Act; and

a lease to which the pre-grant process relates has not been granted under the repealed Act.

To the extent that the pre-grant process is necessary for, or relevant to, the grant of a lease under this Act, part 10.2, the process is taken to have been done under this Act.

In this section:

pre-grant process includes—

the planning and land authority giving notice of an auction, tender, ballot or direct sale; and

a government entity entering into an agreement in relation to the grant of a lease; and

Example a deed of agreement with a developer for the development of land

a community organisation applying for the grant of a lease by direct sale.

M 622 Applications for grant of further leases

Subsection (2) applies if, before the commencement day—

a person applied for the grant of a further lease under the repealed Act, section 254 (Grant of further leases); and

the application has not been decided.

The repealed Act continues to apply in relation to the application despite its repeal.

If a further lease is granted on the application, the lease is taken to be a lease granted under this Act, section 289.

Subsection (5) applies if—

a lease expired not more than 6 months before the commencement day; and

before the commencement day, the lessee had not applied to the planning and land authority for the grant of a further lease of the land.

The lessee may apply to the territory planning authority under section 289 for a further lease as if that section applied to the lease when it expired.