31Application of Division

31 Application of Division

Scope—improvements undertaken or acquired by the Commonwealth or Territory (1) This Division applies to an improvement on land if: (a) the improvement is on land that is or was subject to a lease; and (b) the improvement was undertaken or acquired by the Commonwealth or the Territory, whether before or after the grant of the lease; and (c) the Commonwealth has received, or is entitled to receive, payment for the improvement: (i) under the lease; or (ii) in connection with the grant of the lease. Scope—excluded improvements (2) Subject to subsection (3), this Division does not apply to improvements to land if: (a) the improvements contravene the lease of the land; or (b) in a case in which works approval is required for the improvements—such approval has not been obtained; or (c) occupation or use of the improvements is or would be unlawful under the Building Act. (3) Despite paragraph (2)(c), this Division applies to improvements the occupation or use of which is allowed under section 9.

Note: Subsection 9(2) allows the lawful occupancy or use, in certain circumstances, of buildings for which there is no certificate of occupancy or certificate of regularisation.