Page 4863 - Week 15 - Thursday, 8 December 1994
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MINISTER FOR THE ENVIRONMENT, LAND AND PLANNING
LEGISLATIVE ASSEMBLY QUESTION
QUESTION No.1442
Commercial Leases - Renewal
Mr Greg Cornwell asked the Minister for the Environment, Land and Planning:
(1) Is it a fact that commercial properties exist with less than 30 years remaining on their leases and which cannot be re-leased for an additional 99 years because no legislative provision exists to do so?
(2) If (1) is correct, how many such commercial leases exist and where are they
located?
(3) Are proposals under consideration to correct the situation? If so, when might amending legislation be introduced?
If proposals are not under consideration, why not?
Mr Wood, the answer to the Members question is as follows:
(1) No, it is not correct to say that there is no legislative provision to enable commercial lessees to renew their leases in the last 30 years of term.
When the Land (Planning and Environment) Act 1991 (the Land Act) came into effect in April 1992, section 172 of that Act made provision for commercial lessees to renew their leases in the last 30 years of the term, provided that the land was not needed for any other public purpose; the land was to be used for the same purpose as before; and the determined fee and any outstanding rent were paid.
Any commercial lease-holder is able to apply to renew his or her lease under these circumstances.
(2) According to the Departmental records, there are approximately 30 commercial leases which were originally 99-year leases and which are due for renewal before the year 2025 - that is, which are in their last 30 years of term. As well as those, there are approximately seventy-seven 50-year leases which may be extended to 99-year leases during the same period.
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