Page 2576 - Week 10 - Tuesday, 13 October 1992

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MINISTER FOR THE ENVIRONMENT, LAND AND PLANNING

LEGISLATIVE ASSEMBLY QUESTION

QUESTION NO 326

Lease Purpose Variations - Fyshwick

Mr Kaine - asked the Minister for the Environment, Land and Planning -

In relation to lease purpose clauses in Fyshwick will the Minister -

(1) Amend the lease purpose clauses of Fyshwick leases- to admit retailing.

(2) Structure betterment payments, due as a result of any such amendments, over three years.

(3) Implement a zoning system in Fyshwick and other non -residential areas to replace lease by lease planning.

Mr Wood - the answer to the Members question is as follows:

(1) The recently introduced Land (Planning and Environment) Act permits any lessee in Canberra, to make application to vary his/her lease. It is important that a Lessee check that the Territory Plan permits the-proposed activity prior to making formal application.

The Fyshwick Policy Plan sets out criteria under which a lessee is able to vary a lease. In Many cases retail is permitted.

(2) Betterment is required to be paid "up front".

Section 184(b) of the Land (Planning and Environment) Act 1991 provides that the variation of a lease cannot be executed unless:

"Where the variation of the lease would increase the market value of the lease, the lessee has paid the Executive an amount determined by the Executive as prescribed in respect of the increase in value of the lease that would result from the variation."

2576

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