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Leases Ordinance 1992 (Jervis Bay Territory)

Authoritative Version
No. 1 of 1992 Ordinances/Jervis Bay Territory as amended, taking into account amendments up to Jervis Bay Territory Leases Amendment Ordinance 2015 (No. 1)
Administered by: Infrastructure, Transport, Cities and Regional Development
Registered 11 Feb 2016
Start Date 17 Dec 2015
Table of contents.

Jervis Bay territory

Leases Ordinance 1992

Ordinance No. 1, 1992

made under the

Jervis Bay Territory Acceptance Act 1915

Compilation No. 3

Compilation date:                              17 December 2015

Includes amendments up to:            Ordinance No. 9, 2015

Registered:                                         11 February 2016

 

About this compilation

This compilation

This is a compilation of the Leases Ordinance 1992 that shows the text of the law as amended and in force on 17 December 2015 (the compilation date).

This compilation was prepared on 1 February 2016.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

1............ Citation................................................................................................ 2

2............ Commencement................................................................................... 2

3............ Validation............................................................................................ 2

4............ Interpretation....................................................................................... 2

4A......... Meaning of lease................................................................................. 2

5............ Power to grant leases.......................................................................... 2

6............ Exercise of powers and duties under leases........................................ 3

7............ Conditions on leases........................................................................... 3

8............ Determination of rent.......................................................................... 3

9............ Notice of determination of rent............................................................ 3

10.......... Appeals by lessees.............................................................................. 3

11.......... Form of appeal.................................................................................... 4

12.......... Determination of appeals..................................................................... 4

13.......... Determinations not to exceed fair rent................................................. 4

14.......... Acceptance after an application for variation....................................... 4

15.......... Review of decisions by Administrative Appeals Tribunal.................. 4

16.......... Notice of lessee’s right to appeal......................................................... 4

17.......... Fair rent............................................................................................... 5

18.......... Rent reduction and relief from compliance with conditions................. 5

19.......... Discharge of prior obligations............................................................. 6

20.......... Survey fees......................................................................................... 6

21.......... Power to determine conditions of grant of leases................................ 6

23.......... Fencing of leased land......................................................................... 7

23AA.... Modification of ACT Residential Tenancies Act in its application
to certain leases, licences and other arrangements...............................
7

23A....... Review by Administrative Appeals Tribunal...................................... 8

23B....... Delegation by Minister........................................................................ 8

24.......... Regulations......................................................................................... 8

25.......... Regulations—savings......................................................................... 8

Endnotes                                                                                                                                      9

Endnote 1—About the endnotes                                                                              9

Endnote 2—Abbreviation key                                                                                11

Endnote 3—Legislation history                                                                             12

Endnote 4—Amendment history                                                                           13

 


 

 

An Ordinance to provide for the granting of leases in the Jervis Bay Territory

1  Citation

                   This Ordinance may be cited as the Leases Ordinance 1992.

2  Commencement

                   This Ordinance is taken to have commenced on 2 April 1992.

3  Validation

                   To avoid any doubt, the Leases Act 1918 of the Australian Capital Territory is taken to have applied to a lease of any territory land granted by the Minister on or after 11 May 1989 and before 2 April 1992.

4  Interpretation

                   In this Ordinance, unless the contrary intention appears:

Act means the Jervis Bay Territory Acceptance Act 1915.

fair rent has the meaning given by section 17.

lease has the meaning given by section 4A.

territory land means Crown land in the Territory and any land in the Territory acquired under the Lands Acquisition Act 1906, the Lands Acquisition Act 1955 or the Lands Acquisition Act 1989.

4A  Meaning of lease

                   A reference in this Ordinance (other than sections 3, 5, 6 and 23AA) to a lease is a reference to a lease granted under subsection 5(1).

5  Power to grant leases

             (1)  The Minister may, on behalf of the Commonwealth, grant leases of territory land, other than Blocks 124 to 149 in Deposited Plan 9271/1 in the Jervis Bay Territory.

             (2)  To avoid doubt, subsection (1) does not limit the Minister’s power to grant, or to have granted, a lease of Territory land (including Blocks 124 to 149 in Deposited Plan 9271/1) otherwise than under subsection (1).

6  Exercise of powers and duties under leases

                   If a lease granted under a law in force in the Territory confers a power or imposes a duty on the Commonwealth, the Minister may exercise that power or perform that duty as fully and effectively as if the power were conferred or the duty imposed on him or her by the lease.

7  Conditions on leases

                   A lease granted under this Ordinance extends for the period, and is subject to any covenants or conditions as to rent or otherwise, determined by the Minister and set out in the lease or as prescribed by the regulations.

8  Determination of rent

             (1)  Without limiting the generality of section 7, a lease may be granted containing a condition or agreement that the rate at which rent is payable for a period of the lease may be determined by the Minister.

             (2)  If a lease is granted subject to a condition referred to in subsection (1) the Minister may determine the rate accordingly.

             (3)  Subject to any variation made under section 10, the rate determined under subsection (2) for a period of the lease is the rate at which the lessee must pay rent for that period.

9  Notice of determination of rent

             (1)  The Minister must give the lessee notice in writing of any determination made under section 8.

             (2)  If notice of the determination is not given to the lessee before the commencement of the period for which the rate is determined, the rate for the part of that period up to but not including the day on which the notice is given to the lessee is the rate at which the rent for the lease was payable immediately before the commencement of the period.

10  Appeals by lessees

             (1)  If the Minister makes an offer in writing to a lessee under this Ordinance for the grant of a lease at the end of the term of, or in substitution for, his or her existing lease, the lessee may within a month of receiving the offer:

                     (a)  accept it; or

                     (b)  apply in writing to the Minister to vary the rent or any term or condition of the lease offered.

             (2)  If, under section 8, the Minister determines the rent payable for a period of a lease, the lessee may within a month of receiving notice of the determination apply in writing to the Minister to vary the determined rent.

11  Form of appeal

                   An application under paragraph 10(1)(b) or subsection 10(2) must specify:

                     (a)  the variation that is sought; and

                     (b)  the reasons for which the lessee considers the variation should be made.

12  Determination of appeals

                   The Minister must:

                     (a)  consider an application made under paragraph 10(1)(b) or subsection 10(2); and

                     (b)  by notice in writing given to the lessee, either:

                              (i)  confirm the offer or determination; or

                             (ii)  vary the offer or determination to the extent, or in the manner, specified in the notice.

13  Determinations not to exceed fair rent

                   The Minister must not, under section 12:

                     (a)  confirm an offer or determination if the rent payable is higher than a fair rent for the property; or

                     (b)  vary an offer or determination so that the rent payable is higher than a fair rent for the property.

14  Acceptance after an application for variation

                   If a notice referred to in section 12 is given to a lessee and the decision of the Minister relates to an offer referred to in subsection 10(1), the lessee may within one month of receiving the notice:

                     (a)  if the original offer was not varied by the decision—accept or reject the offer; or

                     (b)  if the offer was varied by the decision—accept or reject the varied offer.

15  Review of decisions by Administrative Appeals Tribunal

                   A lessee may apply to the Administrative Appeals Tribunal for review of an offer or determination that is confirmed or varied under paragraph 12(b).

16  Notice of lessee’s right to appeal

             (1)  A written offer made to a lessee under subsection 10(1) must include a statement to the effect that the lessee may apply for the proposed rent, or any term or condition of the proposed lease, to be varied.

             (2)  A notice under subsection 10(2) of the determination of the rent payable by a lessee must include a statement to the effect that the lessee may apply for variation of the determined rent.

             (3)  A notice to a lessee under paragraph 12(b) of a decision confirming or varying an offer or determination must include a statement to the effect that the lessee may apply to the Administrative Appeals Tribunal for review of the decision.

17  Fair rent

             (1)  In the case of a property that is the subject of an application under paragraph 10(1)(b), a reference in section 13 to a fair rent is a reference to a rent that it would be reasonable to pay for the property having regard to:

                     (a)  the physical characteristics of the property; and

                     (b)  the location of the property; and

                     (c)  the purposes for which the property may be used under the proposed lease; and

                     (d)  the period for which the proposed lease would be granted; and

                     (e)  the rent payable for leases of similar properties in similar locations; and

                      (f)  any other factors relating to the property or the proposed lease to which it would be reasonable to have regard.

             (2)  In the case of a property that is the subject of an application under subsection 10(2), a reference in section 13 to a fair rent is a reference to whichever is the greater of:

                     (a)  a rent that it would be reasonable to pay for the property having regard to:

                              (i)  the physical characteristics of the property; and

                             (ii)  the location of the property; and

                            (iii)  the purposes for which the property may be used under the lease; and

                            (ivthe period for which the lease was granted; and

                             (vthe unexpired portion of the period for which the lease was granted; and

                            (vi)  the rent payable for leases of similar properties in similar locations; and

                           (vii)  any other factors relating to the property or the lease to which it would be reasonable to have regard; and

                     (b)  the minimum rent that may be fixed under the conditions, if any, of the lease that prescribe the minimum rent payable.

18  Rent reduction and relief from compliance with conditions

             (1)  The Minister may, for any period, approve:

                     (a)  the reduction of the rent payable under a lease or a tenancy, or of the amount payable for any occupation of land; or

                     (b)  the grant of relief, to a lessee, tenant or occupier of land, from compliance, wholly or in part, with any covenant or condition to which his or her lease, tenancy or occupation is subject;

and the liability and obligation of the lessee, tenant or occupier under the lease or tenancy or for his or her occupation is, in relation to that period, discharged to the extent of the reduction or the grant of relief.

             (2)  A grant of relief approved under subsection (1) may be absolute or subject to such conditions as the Minister thinks fit.

             (3)  Except where section 19 applies, the Minister must send by post or deliver to the lessee, tenant or occupier, notice in writing specifying the reduction or the grant of relief approved by the Minister.

19  Discharge of prior obligations

             (1)  If the Minister grants a lease, the Minister may, either absolutely or subject to conditions, fully discharge the lessee from all liabilities and obligations which the lessee may have incurred in respect of any prior occupation of the leased land or portion of the leased land.

             (2)  For the purposes of this section, the lessee is taken to have been discharged if the grant contains:

                     (a)  an acknowledgment by the lessee of a specified sum for the prior occupation; and

                     (b)  an agreement or covenant by the lessee to pay the specified sum;

even if the specified sum is less than the amount of the lessee’s total liability, obligation or indebtedness.

20  Survey fees

             (1)  The Minister may fix survey fees as he or she thinks fit, for any land leased under this Ordinance.

             (2)  If the Minister has fixed a survey fee, he or she must forward to the lessee, at the lessee’s last known address, a notice in writing specifying the amount of the fee and the day on which the fee is payable.

             (3)  If a notice has been forwarded to the lessee, the survey fee is payable by the lessee and may be recovered from the lessee as a debt due to the Commonwealth.

             (4)  The Minister may consent to the payment of a survey fee at a later date or by instalments.

21  Power to determine conditions of grant of leases

                   The Minister may determine the persons to whom and the purposes for which leases may be granted.

23  Fencing of leased land

             (1)  Lessees must erect on the boundaries of the land leased any fences that the Minister thinks necessary.

             (2)  Lessees of adjoining lands must contribute in equal proportions to the construction of dividing fences between those lands.

             (3)  The Minister may determine, by notice in writing given to a lessee, a period for compliance with this section in relation to a boundary of leased land.

             (4)  If a lessee fails to comply with a notice within the period specified in it, the Minister may determine the lease.

23AA  Modification of ACT Residential Tenancies Act in its application to certain leases, licences and other arrangements

             (1)  This section applies to a lease, licence or other arrangement (a relevant lease) involving land in the Territory if the relevant lease:

                     (a)  is a residential tenancy agreement to which the ACT Residential Tenancies Act applies; and

                     (b)  was not granted under subsection 5(1) of this Ordinance; and

                     (c)  is a lease, licence or other arrangement in which the Commonwealth, or a person on behalf of the Commonwealth, is:

                              (i)  the lessor (other than a sublessor); or

                             (ii)  the licensor (other than a sublicensor); or

                            (iii)  the grantor of a right or permission to possess, occupy or use land that is owned by the Commonwealth.

             (2)  The ACT Residential Tenancies Act applies in relation to the relevant lease as if:

                     (a)  a reference in section 35 of that Act to the ACAT were a reference to a court of competent jurisdiction; and

                     (b)  a reference in clauses 84, 90, 92 and 93 of Schedule 1 to that Act to the tribunal were a reference to a court of competent jurisdiction.

Note 1:       The Federal Circuit Court of Australia has jurisdiction to hear and determine Commonwealth tenancy disputes between the parties to a relevant lease (see section 10AA of the Federal Circuit Court of Australia Act 1999).

Note 2:       Each court of the Australian Capital Territory also has jurisdiction in and in relation to the Territory (see section 4D of the Jervis Bay Territory Acceptance Act 1915).

             (3)  In this section:

ACT Residential Tenancies Act means the Residential Tenancies Act 1997 (ACT), as in force in the Territory under section 4A of the Jervis Bay Territory Acceptance Act 1915.

23A  Review by Administrative Appeals Tribunal

                   Application may be made under the Administrative Appeals Tribunal Act 1975 of the Commonwealth to the Administrative Appeals Tribunal for review of a decision of the Minister made under subsection 20(1), 20(4), 23(1), 23(3) or 23(4).

23B  Delegation by Minister

                   The Minister may, by signed writing, delegate a power of the Minister under this Ordinance, except the power to make regulations, to:

                     (a)  a public authority of the Commonwealth, New South Wales or the Australian Capital Territory; or

                     (b)  an officer or employee of:

                              (i)  the Commonwealth, New South Wales or the Australian Capital Territory; or

                             (ii)  a public authority of the Commonwealth, New South Wales or the Australian Capital Territory.

24  Regulations

             (1)  The Minister may make Regulations 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.

             (2)  In particular, the Minister may make regulations prescribing matters in relation to:

                     (a)  the persons to whom leases may be granted; and

                     (b)  the purposes for which leases may be granted; and

                     (c)  the periods for which leases may be granted; and

                     (d)  the rent payable under leases; and

                     (e)  the covenants and conditions of leases; and

                      (f)  the method of recovering moneys due and unpaid under leases; and

                     (g)  the determination of leases for non‑fulfilment of covenants or conditions; and

                     (h)  the method of recovering land on the determination of leases.

25  Regulations—savings

                   Regulations made for the purposes of the Leases Act 1918 of the Australian Capital Territory and in force in the Territory immediately before the commencement of this Ordinance continue in force as if made under section 24 of this Ordinance.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

 

A = Act

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /sub‑subparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

Reg = Regulation/Regulations

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislative Instruments

rep = repealed

gaz = gazette

rs = repealed and substituted

LI = Legislative Instrument

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

FRLI registration or gazettal

Commencement

Application, saving and transitional provisions

Leases Ordinance 1992 (No. 1, 1992)

16 Dec 1992

2 Apr 1992 (s 2)

 

Leases (Amendment) Ordinance 1993 (No. 1, 1993)

5 Nov 1993

5 Nov 1993 (s 1.1 Note)

Leases (Amendment) Ordinance 1998 (No. 1, 1998)

25 Feb 1998

25 Feb 1998 (s 2.1)

Leases Amendment Ordinance 2009 (No. 1) (No. 3, 2009)

4 Nov 2009 (F2009L04008)

5 Nov 2009 (s 2)

Jervis Bay Territory Leases Amendment Ordinance 2015 (No. 1) (No. 9, 2015)

16 Dec 2015 (F2015L02044)

17 Dec 2015 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 4.............................................

am No 9, 2015

s 4A..........................................

ad No 9, 2015

s 5.............................................

am No 3, 2009; No 9, 2015

s 21...........................................

am No 1, 1993; No 1, 1998

s 22...........................................

rep No 1, 1993

s 23AA.....................................

ad No 9, 2015

s 23A........................................

ad No 1, 1993

s 23B........................................

ad No 1, 1998