Page 3806 - Week 10 - Thursday, 27 August 2009
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The conditions were prepared prior to release of land and contained information to assist prospective buyers. The lease and development conditions were able to vary the territory plan through, for example, local specific planning and development conditions, planning control plans and block details. The new provisions set out more clearly the transitional arrangements for these matters and confirm their application in areas covered by relevant estate development plans.
New section 446 gives the authority the power to make new lease and development conditions. New section 446A permits both the application of existing lease and development conditions as well as the application of new lease and development conditions. The intention is for the lease and development conditions to apply only in respect of land covered by estate development plans submitted prior to the commencement date. In the future, all planning rules, including local specific planning rules, are to be incorporated, as necessary, into the relevant codes of the new territory plan.
Clause 30 of the bill substitutes a new section 458. New section 458 provides for where an applicant has applied for a grant of a lease under the repealed act and the lease is not granted before commencement day. In this case, the lease may be granted either under the repealed act or, if agreed to by the applicant, the act. Importantly, this applies irrespective of when the application was decided. Previously, the relevant transitional arrangements were determined by reference to the date of the decision on the application.
This approach is simplified so the transitional arrangements are determined solely by the date of application. This means that a lease applied for but not granted before 31 March 2008 may be granted under the repealed act or the act. A potential lessee must agree in writing to a lease being granted under the act if that person applied for the grant before 31 March 2008.
Clause 32 inserts a new section 459A. Previously, sections 458 and 459 of the act set out transitional arrangements for the granting of a lease. Under these sections, a lease may be granted under the repealed act where an application for a lease was made but not decided before the commencement of the act on 31 March 2008.
There was some doubt as to whether these transitional provisions cover the scenario where a contract for the sale of the lease was entered into before 31 March 2008, but the lease is not granted until after this date. New section 459A removes this doubt by inserting transitional provisions that authorise the granting of leases in these cases.
Under this new section the lease may be granted under the repealed act or, if the potential lessee agrees in writing, under the act. Where a lease is granted under the repealed act using this provision, the lease—like other leases granted under the repealed act—is taken to have been granted under the act and can still be registered at the Land Titles Office. This provision has retrospective application in that it applies from 31 March 2008. For the amendment to apply to all relevant leases, it needs to be operational from that date
Finally, the bill also makes an amendment to reinstate section 280(2) of the act which was inadvertently omitted by modification of the act by regulation. Section 280(2)
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