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Legislative Assembly for the ACT: 1996 Week 6 Hansard (23 May) . . Page.. 1757 ..




Service Station Sites - Lease Purpose Clauses

Ms McRae - asked the Minister for the Environment, Land and Planning:

Will the Minister confirm that no lease which was once used for a petrol station has been sold with a restriction on the lease preventing the new lease holder retailing petrol from that site.

Mr Humphries - the answer to the Member's question is as follows:

I am advised that no Crown lease has been transferred with a restriction on the lessee retailing petrol from the site. If such a restriction exists, it would be part of a contract of sale.

In most lease variation cases, the part of the purpose clause referring to the sale of petrol is removed and there is a fundamental change in the land use of the property, say from service station to residential. Some seven service station sites are included in this category.

However, there have been two variations where the lease has retained petrol sales but included additional uses, such as an increased gross floor area allowance for convenience retailing.

With minor wording changes, leases for service stations contain a standard purpose clause -

"To use the premises only for the purposes of a service station provided always that for the purpose of this lease a "service station" means a building, installations and facilities for conducting the following activities only:

(i) selling petroleum products liquid petroleum gas and accessories for motor vehicles

(ii) lubricating cleaning and effecting mechanical repairs and adjustments to motor vehicles [but excluding panel beating and forging with or without the use of fire or furnace; and

(iii) selling tools smokers requisities confectionary and non-alcoholic beverages.

the use of the premises for the sale of new or used motor vehicles will not be permitted;"

Some leases add, in place of the last sub clause, "providing toilet facilities for motorists."

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