5Simplified outline of this Ordinance

5 Simplified outline of this Ordinance

National Land is land within the Australian Capital Territory that the Commonwealth continues to manage following the establishment of self‑government in the Territory.

This Ordinance provides for the grant of leases of National Land.

Leases may be granted for any purpose permitted by the National Capital Plan. This includes diplomatic purposes. Leases may be granted for up to 99 years.

Many leases are nominal rent leases. For those that are not, this Ordinance deals with how rent is varied under those leases.

A lessee may apply to vary the purposes for which land may be used under the lease. This Ordinance sets out how the variation process works, and how to work out any lease variation charge payable for a change of purpose.

Some leases are subject to restrictions on dealings, and may be transferred or assigned only with the Minister’s consent (for example, if the lease contains a building and development provision that has not been fully complied with). This Ordinance contains the requirements for obtaining the Minister’s consent.

If improvements have been constructed on leased land, and the lease ends, the Commonwealth may be liable to pay the lessee the market value of those improvements. This Ordinance determines how that amount is worked out.

Relationships of lessees with neighbours are covered (for example, fences and party walls). Certain financial matters relating to leases are also covered.

This Ordinance sets out what happens if someone uses National Land for a purpose not permitted by a lease. It also covers how leases may come to an end, such as by surrender or termination.

There are some general provisions that apply to all leases.

Some of the leases covered by this Ordinance were in existence when this Ordinance commenced. The transitional provisions set out how the old law and this Ordinance relate to those continuing leases.