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National Land Ordinance 1989 (ACT)

Authoritative Version
No. 39 of 1989 Ordinances/Australian Capital Territory as amended, taking into account amendments up to National Land (Amendment) Ordinance 1998 No. 1 of 1998
This Ordinance relates to the management of National Land in the Australian Capital Territory.
Administered by: Infrastructure and Regional Development; Regional Australia, Regional Development and Local Government
General Comments: A link to the National Land Collection (which includes the associated pre Self-Government laws that continue to have effect in relation to National Land) is available on the Download tab.
Registered 04 Feb 2009
Start Date 18 Nov 1998
End Date 20 Feb 2014
Date of repeal 01 Apr 2022
Repealed by Australian Capital Territory National Land (Leased) Ordinance 2022
Table of contents.

AUSTRALIAN CAPITAL TERRITORY

National Land Ordinance 1989

Ordinance No. 39 of 1989 as amended

made under the

This compilation was prepared on 4 February 2009
taking into account amendments up to National Land (Amendment) Ordinance 1998 No. 1 of 1998

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra


Contents

                        1     Short title [see Note 1]                                                     3

                        2     Commencement [see Note 1]                                           3

                        3     Interpretation                                                                   3

                        4     Management of National Land                                         5

                        5     Application of laws                                                         5

                      5A     Occupancy of buildings                                                  8

                        6     Arrangements with Territory                                              8

                        7     Regulations                                                                    9

                        8     Transitional                                                                     9

Schedule                Modifications of Applied Provisions                            11

Notes                                                                                                          22

 


  

  

An Ordinance relating to National Land

1              Short title [see Note 1]

                This Ordinance may be cited as the National Land Ordinance 1989.

2              Commencement [see Note 1]

                This Ordinance commences on the date of commencement
of section 22 of the Australian Capital Territory (Self‑Government) Act 1988.

3              Interpretation

         (1)   In this Ordinance, unless the contrary intention appears:

applied provisions means the provisions that have effect with respect to National Land by virtue of subsection 5 (1).

Australian public servant means an officer or employee within the meaning of the Public Service Act 1922, other than a member of the transitional staff within the meaning of the A.C.T Self‑Government (Consequential Provisions) Act 1988.

City Area means the City Area within the meaning of the City Area Leases Act 1936 of the Territory as in force immediately before its repeal.

Planning and Land Management Act means the Australian Capital Territory (Planning and Land Management) Act 1988.

relevant pre‑Self‑Goverment law means each of the following laws, as in force immediately before Self‑Government Day:

                (a)    the City Area Leases Ordinance 1936;

               (b)    the City Area Leases Regulations;

                (c)    the Crown Lands Act 1884 of the State of New South Wales in its application in the Territory;

               (d)    the Dedication by User Limitation Act 1902 of the State of New South Wales in its application in the Territory;

                (e)    the Lakes Ordinance 1976;

                (f)    the Leases Ordinance 1918;

               (g)    the Leases Regulations;

               (h)    the Leases (Special Purposes) Ordinance 1925;

                (i)    the Protection of Lands Ordinance 1937;

                (j)    the Public Roads Act 1902 of the State of New South Wales in its application in the Territory;

               (k)    the Recovery of Lands Ordinance 1929;

                (l)    the Roads and Public Places Ordinance 1937;

              (m)    the Trespass on Commonwealth Lands Ordinance 1932.

Self‑Government Day means the date of commencement
of section 22 of the Australian Capital Territory (Self‑Government) Act 1988.

Territory Act means:

                (a)    an Act passed by the Legislative Assembly for the Australian Capital Territory; or

               (b)    a law that is:

                          (i)    an enactment within the meaning of the Australian Capital Territory (Self‑Government) Act 1988 by virtue of section 34 of that Act; or

                         (ii)    to be taken to be an enactment by virtue
of subsection 10 (3) or 12 (2) or (3) of the
A.C.T. Self‑Government (Consequential Provisions)
Act 1988
.

Territory public servant means:

                (a)    a member of the public service established by section 54 of the Australian Capital Territory (Self‑Government) Act 1988; or

               (b)    a member of the transitional staff within the meaning of the A.C.T. Self‑Government (Consequential Provisions) Act 1988.

         (2)   In this Ordinance, unless the contrary intention appears, land, management, National Land and Territory Land have the same respective meanings as in the Planning and Land Management Act.

4              Management of National Land

         (1)   With the approval of the Minister, the National Capital Authority is to manage National Land designated in writing by the Minister as land required for the special purposes of Canberra as the National Capital.

         (2)   The Minister for Finance and Administration is to manage all other National Land.

         (3)   Nothing in this section shall be taken to limit the performance by the Minister administering the National Land (Parking) Ordinance 1994 of functions under the provisions of Territory laws applied by that Ordinance.

5              Application of laws

         (1)   The provisions of the relevant pre‑Self‑Government laws have effect with respect to National Land on and after Self‑Government Day, subject to:

                (a)    this section; and

               (b)    the modifications specified in the Schedule.

         (2)   Unless the contrary intention appears, nothing in the applied provisions shall be taken to have effect:

                (a)    with respect to Territory Land; or

               (b)    so as to make unlawful conduct that is lawful under a Territory Act.

         (3)   The applied provisions have effect with respect to National Land as if:

                (a)    a reference in any of those provisions to a relevant pre‑Self‑Government law were a reference to the provisions of that law having effect by virtue of subsection (1); and

               (b)    a reference in any of those provisions to a particular provision of a relevant pre‑Self‑Government law were a reference to that provision having effect by virtue of subsection (1).

         (4)   The applied provisions of the City Area Leases Ordinance 1936 and the City Area Leases Regulations have effect with respect to National Land as if, unless the contrary intention appears:

                (a)    a reference in any of those provisions to land that is Commonwealth land were a reference to National Land; and

               (b)    a reference in any of those provisions to a lease or sub‑lease included a reference to a lease or sub‑lease that:

                          (i)    was granted before Self‑Government Day under the corresponding provision of the former Ordinance; and

                         (ii)    exists in respect of land that is, on or after Self‑Government Day, National Land.

         (5)   The applied provisions of the Lakes Ordinance 1976 have effect with respect to National Land as if:

                (a)    a reference in any of those provisions to a lake were a reference to so much of Lake Burley Griffin as is National Land;

               (b)    a reference in any of those provisions to a lake area were a reference to so much of the lake area as is National Land; and

                (c)    a reference in any of those provisions to a member of the Police Force of the Territory were a reference to a police officer.

         (6)   The applied provisions of the Leases Ordinance 1918, the Leases Regulations and the Leases (Special Purposes) Ordinance 1925 have effect with respect to National Land as if, unless the contrary intention appears:

                (a)    a reference in any of those provisions to Commonwealth land, Crown land, land vested in the Commonwealth or land acquired by the Commonwealth were a reference to National Land; and

               (b)    a reference in any of those provisions to a lease, tenancy or occupation included a reference to a lease, tenancy or occupation that:

                          (i)    was granted before Self‑Government Day under the corresponding provision of the former Ordinance or Regulations; and

                         (ii)    exists in respect of land that is, on or after Self‑Government Day, National Land.

         (7)   The applied provisions of the Protection of Lands Ordinance 1937 have effect with respect to National Land as if:

                (a)    a reference in any of those provisions to lands or Commonwealth land were a reference to National Land;

               (b)    a reference to an off‑street parking area were a reference to such an area that is National Land; and

                (c)    a reference to a public street were a reference to a public street that is National Land.

         (8)   The applied provisions of the Recovery of Lands Ordinance 1929 have effect with respect to National Land as if:

                (a)    a reference in any of those provisions to land were a reference to National Land;

               (b)    a reference in any of those provisions to a lease were a reference to a lease of National Land;

                (c)    a reference in any of those provisions to a lease that has been determined included a reference to a lease determined before Self‑Government Day in respect of land that is, on or after that day, National Land; and

               (d)    a reference in any of those provisions to a member of the Police Force were a reference to a police officer.

         (9)   The applied provisions of the Roads and Public Places Ordinance 1937 have effect with respect to National Land as if a reference in any of those provisions to a public place, public road or temporary road were a reference to such a place or road that is National Land.

       (10)   The applied provisions of the Trespass on Commonwealth Lands Ordinance 1932 have effect with respect to National Land as if:

        (a)   a reference in any of those provisions to land, a road or any other thing belonging to, maintained by, or under the control of, the Commonwealth were a reference to land or a thing that is, or is on, National Land; and

       (b)   a reference in any of those provisions to a member of the Police Force of the Territory were a reference to a police officer.

5A           Occupancy of buildings

         (1)   Where, under an applied provision, the Commonwealth grants a lease of land with improvements, a person may occupy or use, or permit another person to occupy or use, the improvements whether or not a certificate or other instrument permitting occupancy or use of the improvements has been issued under the Building Act or any of the laws repealed by that Act.

         (2)   Nothing in subsection (1) prevents the application of the Building Act to:

                (a)    the alteration, after the grant of the lease, of the improvements which were on the land at the time of the grant of the lease; or

               (b)    the construction, after the grant of the lease, of other improvements on the land.

         (3)   In this section:

Building Act means the Building Act 1972 of the Territory.

6              Arrangements with Territory

         (1)   The Minister may, on behalf of the Commonwealth, enter in to an arrangement with the Territory with respect to the administration of the applied provisions by the Territory on behalf of the Commonwealth.

         (2)   Without limiting the generality of subsection (1), an arrangement may provide for the services of Territory public servants to be made available to the Minister for the exercise of powers or the performance of functions under the applied provisions.

7              Regulations

                The Minister may make regulations, not inconsistent with this Ordinance, prescribing matters:

                (a)    required or permitted by this Ordinance to be prescribed; or

               (b)    necessary or convenient to be prescribed for carrying out or giving effect to this Ordinance.

8              Transitional

         (1)   Where:

                (a)    immediately before Self‑Government Day, a person held an office or position under a provision of a relevant pre‑Self‑Government law; and

               (b)    the provision is an applied provision;

the person shall, on and after Self‑Government Day, be taken to hold the office or position under the applied provision.

         (2)   Where:

                (a)    at any time before Self‑Government Day:

                          (i)    an instrument was made, granted or issued;

                         (ii)    any other act or thing was done; or

                        (iii)    a decision was made;

under, or for the purposes of, a provision of a relevant pre‑Self‑Government law;

               (b)    immediately before Self‑Government Day the instrument, act, thing or decision had effect in relation to land that is, on or after that day, National Land; and

                (c)    the provision is an applied provision;

the instrument, act, thing or decision has effect on and after Self‑Government Day in relation to that land as if it had been made, granted, issued, done or made under, or for the purposes of, the applied provision.

         (3)   A reference in an instrument referred to in subsection (2) to land or a matter related to land (being land that is, on or after Self‑Government Day, National Land) shall, except in relation to matters occurring before that day, be read as a reference to National Land or a matter related to National Land, as the case may be.


Schedule           Modifications of Applied Provisions

(subsection 5 (1))

  

City Area Leases Ordinance 1936

Section 2 —

Omit the section.

Subsection 3 (1) (definition of “lease”) —

Omit paragraphs (b) and (c), substitute the following word and paragraph:

“or  (b)   a lease granted under a repealed ordinance and continued in force by subsection 2 (2) of the City Area Leases Act 1936 of the Territory;”.

Subsection 3 (1) (definition of “lessee”) —

Omit “registered proprietor of a lease”, substitute “proprietor of a lease, whether or not the person is the registered proprietor of the lease, and”.

Subsection 3 (1) (definition of “Real Property Ordinance”) —

Omit the definition, substitute the following definition:

“ ‘Real Property Act’ means the Real Property Act 1925 of the Territory;”.

Subsection 3 (1) (definition of “repealed Ordinance”) —

Omit the definition, substitute the following definition:

“ ‘repealed Ordinance’ means an Ordinance repealed by subsection 2 (1) of the City Area Leases Act 1936 of the Territory;”.

Subsection 3 (1) (definition of “the Building Controller”) —

Omit “Building Ordinance 1972”, substitute “Building Act 1972 of the Territory”.

Subsection 3 (1) (definition of “the Secretary”) —

Omit the definition, substitute the following definition:

“ ‘the Secretary’ means the Secretary of the Department.”.

Paragraphs 3 (3) (a), (b) and (c) —

Omit the paragraphs, substitute the following paragraphs:

      “(a)      who was the proper authority under the repealed Canberra Building Regulations, as in force at the relevant time;

        (b)      who was the proper authority or a deputy proper authority under the repealed Building Ordinance 1964, as in force at the relevant time; or

        (c)      who was or is, at the relevant time, the proper authority or a deputy proper authority under the repealed Building Ordinance 1964 in its continued application by virtue of subsection 4 (3) of the Building Act 1972 of the Territory.”.

Section 4 —

Omit the section, substitute the following section:

Application

“4.  This Ordinance applies only with respect to National Land that is in the City Area.”.

Section 5 —

Omit all the words following “land”.

Subsection 6 (1) —

Omit “may, by notice in the Gazette,”, substitute “may”.

Subsection 11A (11) —

Omit “, Department of the Capital Territory”, substitute “of the Department”.

Section 17AA —

After section 17A, insert —

Minister’s power to grant leases under special arrangements

“17AA.  (1)  This section applies to land that the Minister, by notice published in the Gazette, determines should, in the public interest, be dealt with under this section.

“(2)  The Minister may, on behalf of the Commonwealth —

          (a)      enter into a contract for the grant of a lease of land to which this section applies; and

          (b)      grant such a lease for such period, not exceeding 99 years, as the Minister determines.

“(3)  In exercising the powers given by subsection (2), the Minister —

          (a)      is not obliged to comply with any of the requirements of sections 12A, 13, 14 and 17; and

          (b)      may proceed by way of auction, tender or direct negotiation, as the Minister thinks fit.”.

Subsection 19 (8) —

Omit “—1969”, substitute “, as in force immediately before 1 January 1971”.

Section 28AA —

Omit the section.

Subparagraph 28DA (2) (d) (ii) and subsection 28DA (3) —

Omit “Real Property Ordinance 1925‑1970”, substitute “Real Property Act”.

Subsection 29 (3) —

Omit “Real Property Ordinance 1925”, substitute “Real Property Act”.

Subsection 30 (2) —

Omit “may, with the consent of the Minister,”, substitute “may”.

Subsections 31 (6) to (10) (inclusive) —

Omit the subsections, substitute the following subsections:

“(6)  Proceedings under subsection (5) may be commenced at any time within 6 months after the commencement of the erection of the fence.

“(7)  Subsection (5) applies only where both parcels of land are leased at the time of the commencement of the erection of the fence.

“(8)  Where land referred to in subsection (1) or (2) adjoins Territory Land leased under the City Area Leases Act 1936 of the Territory, subsections (1) to (7) (inclusive) have effect with respect to the adjoining Territory Land as if it were National Land leased under this Ordinance.”.

Paragraphs 32 (1) (a), (b) and (c) —

Omit the paragraphs, substitute the following paragraphs:

        “(a)      of the kind referred to in regulation 69A of the repealed Canberra Building Regulations, as in force when the certificate was issued;

          (b)      of the kind referred to in regulation 69A of the repealed Canberra Building Regulations in its continued application, by virtue of subsection 4 (3) of the Building Act 1972 of the Territory, when the certificate was issued; or

          (c)      issued under subsection 53 (2) or (3) of the Building Act 1972 of the Territory.”.

Section 32 —

Add at the end the following subsection:

“(3)  Where land leased under this Ordinance adjoins Territory Land leased under the City Area Leases Act 1936 of the Territory, subsections (1) and (2) have effect with respect to the adjoining Territory Land as if it were National Land leased under this Ordinance.”.

Section 37 —

Omit the section, substitute the following section:

Certain provisions not to apply

“37.  The applied provisions of the Leases Ordinance 1918 do not have effect with respect to land that —

          (a)      is leased under this Ordinance; or

          (b)      is subject to a lease continued in force by subsection 2 (2) of the City Area Leases Act 1936 of the Territory and is, on or after Self‑Government Day, National Land.”.

City Area Leases Regulations

Regulation 2 (definition of “the Ordinance”) —

Omit the definition, substitute the following definition:

“ ‘the Ordinance’ means the applied provisions of the City Area Leases Ordinance 1936.”.

Regulation 3 —

Omit the regulation.

Subregulation 10 (1) —

Omit “, Department of the Capital Territory, Canberra,”, substitute “of the Department”.

Subregulation 10 (2) —

Omit “, Department of the Capital Territory,”.

The Schedule —

Omit the Schedule.

Lakes Ordinance 1976

Paragraphs 21 (8) (b), 23 (2) (b) and 27 (3) (b) —

Omit the paragraphs, substitute (in each case) the following paragraphs:

        “(b)      an Australian public servant or a Territory public servant;

        (ba)      a member of the staff of an authority established for a public purpose by or under a Territory Act or a law of the Commonwealth;”.

Section 34 —

Omit “with an agreement referred to in section 33”, substitute—

“with—

          (a)      an agreement referred to in section 33; or

          (b)      an agreement referred to in section 33 of the Lakes Ordinance 1976, as in force at any time before Self‑Government Day, being an agreement that was in force immediately before Self‑Government Day.”.

Leases Ordinance 1918

Section 3 —

Omit “and the Land Valuation Ordinance 1936”.

Subsection 3AA (1) —

Omit “or the Land Valuation Ordinance 1936”.

Subsections 3AAA (1) and (3) —

Omit “, after the commencement of the Leases (Amendment) Ordinance 1982,”.

Section 4A —

Add at the end the following subsection:

“(4) Where National Land leased under this Ordinance adjoins Territory Land leased under the Leases Act 1918 of the Territory, subsections (2) and (3) have effect with respect to the adjoining Territory Land as if it were National Land leased under this Ordinance.”.

Leases Regulations

Regulation 3 (definition of “Returned Soldier”) —

Omit the definition.

Regulation 3 (definition of “The Ordinance”) —

Omit the definition, substitute the following definitions:

“ ‘the Ordinance’ means the applied provisions of the Leases Ordinance 1918;

 ‘veteran’ has the same meaning as in the Veterans’ Entitlements Act 1986.”.

Paragraph 9 (1) (d) —

Omit “returned soldier”, substitute “veteran”.

Leases (Special Purposes) Ordinance 1925

Section 2 —

Omit the section.

Subsections 5AA (1) and (2) —

Omit “Real Property Ordinance 1925‑1930”, substitute “Real Property Act 1925 of the Territory”.

Subsection 5AB (1) —

Omit the subsection, substitute the following subsection:

“(1) This section applies only in relation to a lease granted under subsection 3 (1) or (3).”.

Section 5AC —

Omit the section, substitute the following section:

Application of sections 5AD, 5A and 5B

“5AC.  Sections 5AD, 5A and 5B apply only in relation to a lease granted under section 3 (2).”.

Subsections 6 (1) and (2) —

Omit “City Area Leases Ordinance 1924‑1925”, substitute “applied provisions of the City Area Leases Ordinance 1924”.

Subsection 6 (5) —

Omit the subsection, substitute the following subsection:

“(5)  Where land referred to in subsection (1) adjoins Territory Land leased under—

          (a)      the City Area Leases Act 1924 of the Territory; or

          (b)      the Leases (Special Purposes) Act 1925 of the Territory;

subsections (1) to (4) (inclusive) have effect with respect to the adjoining Territory Land as if it were National Land leased under this Ordinance.”.

Section 9 —

Omit the section, substitute the following section:

Certain provisions not to apply

“9.  Nothing in the applied provisions of the Leases Ordinance 1918 or the City Area Leases Ordinance 1936 has effect with respect to land leased under this Ordinance.”.

Protection of Lands Ordinance 1937

Section 2 (definition of “authorized officer”) —

Omit “an officer”, substitute “a person”.

Section 2 (definition of “Motor Traffic Ordinance”) —

Omit the definition, substitute the following definition:

“ ‘Motor Traffic Act’ means the Motor Traffic Act 1936 of the Territory;”.

Section 2 (definitions of “off‑street parking area”, “public street” and “vehicle”) —

Omit “Motor Traffic Ordinance”, substitute “Motor Traffic Act”.

Subsection 7 (2) —

Insert “the applied provisions of” before “the Roads and Public Places Ordinance 1937”.

Paragraph 10 (2) (a) —

Omit “other”.

Paragraph 10 (2) (b) —

Insert “the applied provisions of” before “the Roads and Public Places Ordinance 1937”.

Section 16 —

Insert “of the Department” after “Secretary”.

Recovery of Lands Ordinance 1929

The Schedule (the headings to Forms A, B, C, D and E) —

Omit “Recovery of Lands Ordinance 1929”, substitute “Recovery of Lands Ordinance 1929 (provisions applied to National Land by the National Land Ordinance 1989)”.

Roads and Public Places Ordinance 1937

Section 2 (definition of “authorized officer”) —

Omit “an officer”, substitute “a person”.

Subsection 15G (2) —

Omit the subsection.

Subsection 15G (3) —

Omit the definition of “presidential member”.

Sections 15S and 15T —

Omit the sections.

Trespass on Commonwealth Lands Ordinance 1932

Section 3 (definitions of “carriageway”, “off‑street parking area”, “public street” and “vehicle”) —

Omit “Motor Traffic Ordinance”, substitute “Motor Traffic Act”.

Section 3 (definitions of “the Commissioner of Police” and “the Police Ordinance”) —

Omit the definitions.

Section 3 (definition of “the Motor Traffic Ordinance”) —

Omit the definition, substitute the following definition:

“ ‘the Motor Traffic Act’ means the Motor Traffic Act 1936 of the Territory;”.

Sections 3B and 3C —

Omit the sections.

Subparagraph 4 (2) (a) (ii) —

Omit the subparagraph, substitute the following subparagraph:

“(ii)  which is in the City Area; or”.

Paragraph 6 (a) —

Omit “Minister of State for the Interior”, substitute “, the Minister”.

Paragraphs 8A (2) (e) and 8A (3) (c) —

Omit all the words from and including “duties” to and including “authority” (second occurring), substitute:

“duties as —

      (i)         an Australian public servant;

      (ii)        a Territory public servant; or

(iii)       an employee of an authority of the Commonwealth or the Territory;

or in discharging an obligation owed by that person or any other person to the Commonwealth, the Territory or such an authority”.

Subsections 8B (1) and 8C (1) —

Omit “of the Interior”.


Notes to the National Land Ordinance 1989

Note 1

The National Land Ordinance 1989 (in force under the Australian Capital Territory (Self-Government) Act 1988) as shown in this compilation comprise Ordinance 1989 No. 39 amended as indicated in the Tables below.

The National Land Ordinance 1989 is amended by the Arts, Environment and Territories Legislation Amendment Act 1992 of the Commonwealth (No. 130, 1992). For application, savings or transitional provisions relating to the amendment see s. 5 (2) of that Act.

The Reserved Laws (Interpretation) Ordinance 1989 of the Territory (No. 25, 1989) provides for the interpretation of those laws of the Territory which are not enactments. That Ordinance also affects references in ACT laws to enactments.

Table of Ordinances

Ordinance

Year and
number

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

National Land Ordinance 1989

39, 1989

10 May 1989 (see Gazette 1989, No. S160)

11 May 1989
(see s. 2 and Gazette 1989, No. S164)

 

National Land (Amendment) Ordinance 1993

2, 1993

24 Nov 1993 (see Gazette 1993, GN 46)

24 Nov 1993

National Land (Parking) (Consequential Amendments) Ordinance 1994

3, 1994

2 Mar 1994 (see Gazette 1994, No. GN8)

2 Sept 1994
(see s. 2)

 

National Land (Amendment) Ordinance 1997

1, 1997

11 June 1997 (see Gazette 1997, No. GN23)

11 June 1997

National Land (Amendment) Ordinance (No. 2) 1997

3, 1997

19 Sept 1997 (see Gazette 1997, No. S365)

19 Sept 1997

National Land (Amendment) Ordinance 1998

1, 1998

18 Nov 1998 (see Gazette 1998, No. GN46)

18 Nov 1998
(see s. 2)

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

S. 3..........................................

am. No. 1, 1998

S. 4..........................................

rs. Act No. 130, 1992

 

am. No. 2, 1993; No. 3, 1994; No. 1, 1997; No. 1, 1998

S. 5A........................................

ad. No. 1, 1998

Schedule

 

Schedule................................

am. No. 3, 1997