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Legislative Assembly for the ACT: 2010 Week 10 Hansard (21 September) . . Page.. 4175..


2010. The minister has a lot of work to do to restore that relationship. His efforts do little to inspire confidence within the local tourism industry, and they do not inspire any confidence in those who may be planning to bring activities and entertainment to Canberra.

I suggest to the minister that some of the confusion that he has created could be resolved by the minister releasing the report from Ernst & Young. Once he has done that, we will be able to determine what further action needs to be considered in relation to these matters.

Planning and Development (Concessional Leases) Amendment Bill 2010

Debate resumed from 1 July 2010, on motion by Mr Barr:

That this bill be agreed to in principle.

MR SESELJA (Molonglo—Leader of the Opposition) (10.47): The Canberra Liberals will support this bill. This bill is, according to the explanatory statement, designed to make it easier to identify whether a particular property lease is concessional. The bill achieves this by grouping leases into one of three categories. This categorisation of leases will improve the ability of purchasers, sellers, legal practitioners and others to determine whether a lease has any hidden surprises in the form of a concession.

These categories are concessional leases, market value leases and possibly concessional leases. As outlined in the explanatory statement, concessional leases are leases deemed to be concessional. Market value leases are leases which are deemed to be not concessional. And, possibly, concessional leases are leases that may or may not be concessional.

The concessional lease and market value lease categories give a definite answer as to whether a particular lease is concessional or not. For example, the market value lease category includes residential leases, rural leases and rental leases granted for commercial purposes after 1 January 1974. A lease that is a market value lease under the act cannot be concessional, and a concessional lease under the act cannot be a market value lease.

The possibly concessional lease category, however, is not as clear cut. The explanatory statement notes that the possibly concessional lease category will include leases which may or may not be concessional and that this category is intended to serve as a flag or warning that the lease might prove to be concessional if further research shows that the lease was, in fact, granted for less than market value.

I note that the bill also includes an amendment to confirm that a sale of a concessional lease that has been sold without ACTPLA consent will be valid, once registered with the Registrar of Land Titles. The Canberra Liberals also support this amendment.

The explanatory statement states that this amendment recognises existing provisions as to validity and paramountcy of title in the Land Titles Act 1925, as interpreted by


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