This compilation was prepared on 11 February 2002
taking into account amendments up to Ordinance No. 5 of 1992
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
1 Short title [see Note 1]
2 Interpretation
3 Application
4 Guidelines to Administrator
5 Administrator may lease premises
6 Terms and conditions of leases, licences, etc
7 Administrator may vary rent
8 Reduction of rent and relief from conditions
9 Discharge from liabilities under prior lease
10 Method of determining leases
11 Warrant of ejectment
12 Review of decisions
13 Service of notices
14 Delegation
15 Evidence
16 Repeal
17 Regulations
Schedule
Form 1 Notice of determination of lease and of application to the Magistrate’s Court for a warrant
Form 2 Notice requiring lessee to deliver up possession of premises
Form 3 Notice of intention to make application for warrant of entry
Form 4 Warrant to enter and give possession to the Commonwealth
Form 5 Affidavit of service
Notes
An Ordinance relating to the leasing of premises, and to other interests in land, in the Territory and for related purposes
1 Short title [see Note 1]
This Ordinance may be cited as the Lands Ordinance 1987.
2 Interpretation
In this Ordinance, unless the contrary intention appears:
interest, in relation to land, means:
(a) a legal or equitable estate or interest in the land; or
(b) a right, power or privilege over, or in connection with, the land.
land includes an interest in land.
lease means a lease or an agreement for a lease granted under this Ordinance or a lease, agreement for a lease or other interest in premises to which this Ordinance applies by virtue of section 3.
premises means any land, including land forming part of the sea bed, building or part of a building belonging to or vested in the Commonwealth or any body (not being an incorporated company or association) established by or under a law of the Territory.
rent includes a sum payable periodically, whether designated as rent or otherwise, as consideration for the right to occupy premises in respect of a lease to which this Ordinance applies, whether with or without other rights in connection with the occupation of those premises.
rental period means:
(a) in the case of a lease from week to week — a period of a week in respect of which one week’s rent becomes payable under the lease; and
(b) in the case of a lease from fortnight to fortnight — a period of a fortnight in respect of which one fortnight’s rent becomes payable under the lease.
3 Application
(1) This Ordinance applies to a lease, agreement for a lease or other interest in premises that entitles a person to occupy those premises from week to week or from fortnight to fortnight or on any other periodic basis:
(a) whether the lease, agreement for a lease or other interest in premises was entered into before, or is entered into after, the commencement of this Ordinance;
(b) whether the lease, agreement for a lease or other interest in premises was or is entered into orally, in writing or otherwise; and
(c) notwithstanding:
(i) any other Ordinance;
(ii) any term or condition of the lease, agreement for a lease or other interest in premises; or
(iii) any document signed by the person in occupation of the premises purporting to set out the terms and conditions under which that person is in occupation of the premises.
(2) On and after 1 July 1992 this Ordinance applies only to a lease, agreement for a lease or other interest in premises granted under this Ordinance and to any other lease, agreement for a lease or other interest in premises entered into before that date.
4 Guidelines to Administrator
(1) The Minister may, by notice to the Administrator after consulting with the Christmas Island Assembly, lay down guidelines with respect to the exercise of the powers of the Administrator under this Ordinance, but the Minister is not entitled to lay down guidelines in relation to a particular case.
(2) The Administrator shall exercise his or her powers under this Ordinance in accordance with the guidelines in force under subsection (1).
(3) Notice that guidelines have been laid down shall be published in the Gazette and the guidelines shall come into operation on the day of that publication unless the guidelines specify a later commencement day.
(4) Guidelines shall be laid before each House of the Parliament within 15 sitting days of that House after the day on which notice is published in the Gazette that the guidelines have been laid down.
(5) Guidelines not so laid before each House of the Parliament shall be void and of no effect.
(6) The provisions of subsections 10 (2) to (5), inclusive, of the Christmas Island Act 1958 apply in relation to guidelines laid before a House of the Parliament as if:
(a) the references in those subsections to an Ordinance were references to guidelines; and
(b) the references in subsections 10 (4) and 10 (4A) of that Act to subsection 10 (1) of that Act were references to subsection (5).
5 Administrator may lease premises
(1) The Administrator may, in writing, in the name of the Commonwealth, grant:
(a) a lease of, or licence to occupy, premises; or
(b) easements, or other rights, powers or privileges (other than leases or licences to occupy), over or in connection with premises.
(2) This section does not apply to empower the Administrator to make a grant after 30 June 1992 unless the processes associated with making the grant were commenced before 1 July 1992.
6 Terms and conditions of leases, licences etc
A lease or licence granted under this Ordinance shall be for such period, and subject to such covenants and conditions as to rent and otherwise, as the Administrator determines.
7 Administrator may vary rent
(1) The Administrator may, by instrument, direct that the rent payable under a lease, or a lease included in a prescribed class of lease, be decreased or increased to an amount specified in the instrument.
(2) Where the Administrator makes an instrument under subsection (1), the Administrator shall:
(a) subject to subsection (3), fix the date on which the instrument takes effect; and
(b) cause notice of the instrument to be served on the lessee, specifying:
(i) the amount to which the rent is increased or decreased;
(ii) the date fixed under paragraph (a); and
(iii) the first rental period in respect of which the instrument has effect.
(3) Where the Administrator makes an instrument under subsection (1) determining that the amount of rent payable under a lease be increased, the date fixed by the Administrator under paragraph (2) (a) shall be a date not less than 90 days after the date on which the instrument was made.
(4) Where the Administrator makes an instrument under subsection (1) and notice of the instrument has been served on the lessee in accordance with subsection (2), the amount specified in the instrument shall be deemed to be the rent payable under the lease from the commencement of the first rental period in respect of which the instrument has effect, but subject to any subsequent variation of that rent.
(5) Where an instrument under this section decreases the amount of any rent, the first rental period in respect of which the instrument has effect is the rental period during which the date fixed by the Administrator as the date on which the instrument takes effect occurs.
(6) Where, by an instrument under this section, the amount of rent payable under a lease is increased, the first rental period in respect of which the instrument has effect is the first rental period that commences on or after the date fixed by the Administrator under paragraph (2) (a).
8 Reduction of rent and relief from conditions
(1) The Administrator may, in respect of any period, whether commencing before or after the commencement of this section, or whether commencing before or after the giving of the approval, approve:
(a) the reduction of rent payable under a lease or a tenancy, or of the amount payable in respect of any occupation of premises; or
(b) the grant of relief, to a lessee, tenant or occupier of premises, from compliance, wholly or in part, with any covenant or condition to which the lease, tenancy or occupation is subject.
(2) Where, under subsection (1), the Administrator approves, in respect of any period, the reduction of rent payable or the grant of relief, the liability and obligation of the lessee, tenant or occupier under the lease or tenancy or in respect of that occupation shall, in respect of that period, be discharged to the extent of the reduction or the grant of relief.
(3) An approval given by the Administrator under subsection (1) may be given subject to such conditions as the Administrator thinks fit.
(4) The Administrator shall cause notice to be served on the lessee, tenant or occupier in respect of whose lease, tenancy or occupation of premises approval is given under subsection (1), of the reduction of rent or the grant of relief.
9 Discharge from liabilities under prior lease
(1) Where the Administrator grants a lease under this ordinance, the Administrator may, either absolutely or subject to such conditions as the Administrator thinks fit, discharge the lessee from all or any of the liabilities and obligations to the Commonwealth which the lessee may have incurred in respect of any prior occupation of any premises leased from the Commonwealth or any portion of any such premises whether the liability or obligation was incurred before or after the commencement of this ordinance.
(2) A discharge under this section shall be in writing.
10 Method of determining leases
(1) Where the Commonwealth:
(a) may, under any law in force in the Territory, or any provision of a lease, determine a lease; or
(b) has a right of re‑entry or forfeiture for a breach of any covenant or condition of a lease,
the Administrator may by notice served on the lessee determine the lease.
(2) A notice under subsection (1) may be in accordance with Form 1 and shall state that the lessee is required to deliver up possession of the premises the subject of the lease to the Commonwealth before the date specified in the notice.
(3) Where a lease is determined:
(a) in accordance with a provision of the lease; or
(b) by effluxion of time,
and the lessee remains in occupation of the premises the subject of the lease, the Commonwealth may, by notice in writing to the lessee, require the lessee to deliver up possession of the premises to the Commonwealth.
(4) A notice under subsection (3) shall be in accordance with Form 2.
11 Warrant of ejectment
(1) Where a lease of premises has been determined pursuant to section 10, and the lessee or any person apparently in occupation or possession of the premises fails to deliver up possession to the Commonwealth within the time specified in a notice under subsection (1) or (3) of that section, the Administrator may apply to a Special Magistrate sitting as a Magistrate’s Court having jurisdiction in the Territory for the issue by the Special Magistrate of a warrant authorizing any member of the Christmas Island Police Force, within a period of not more than 30 days after the date of the warrant, to enter on the premises with such force, and with such assistance, as is necessary and reasonable and take possession of the premises for the Commonwealth.
(2) Where the Administrator intends to make an application for a warrant under subsection (1), the Administrator shall cause to be served on the lessee or other person referred to in that subsection a notice of intention of the Administrator to make an application for a warrant under subsection (1).
(3) A notice under subsection (2) shall be in accordance with Form 3 and shall be served on the lessee or other person referred to in that subsection not less than 14 days before the date specified in the notice as the date on which the application may be made.
(4) A notice under subsection (2) may be incorporated with a notice determining a lease or requiring the lessee or other person referred to in that subsection to deliver up possession of the premises.
(5) A warrant issued under subsection (1) shall be in accordance with Form 4.
12 Review of decisions
(1) Application may be made to the Minister for the review of a decision of the Administrator:
(a) under subsection 8 (1), approving or refusing to approve the reduction of rent, the amount payable, or the grant of relief; or
(b) under subsection 9 (1), discharging or refusing to discharge, either absolutely or subject to conditions, a lessee from liabilities and obligations in respect of previous occupation of leased premises by the lessee.
(2) An application under subsection (1) shall:
(a) be signed by the applicant;
(b) be lodged with the Administrator; and
(c) set out the reasons for making the application.
(3) The Minister shall review a decision in respect of which an application has been made under subsection (1) and shall make a decision in writing:
(a) affirming the decision under review;
(b) varying the decision under review; or
(c) setting aside the decision under review and:
(i) making a decision in substitution for the decision so set aside; or
(ii) remitting the matter to the Administrator for reconsideration in accordance with any directions or recommendations of the Minister.
(4) Where the Minister makes a decision referred to in subsection (3), the Minister shall cause a notice in writing to be given to the person whose interests are adversely affected by the decision setting out the decision and the findings on material questions of fact, referring to the evidence or other material on which those findings were based, and giving the reasons for the decision.
(5) Without prejudice to any other method available by law for the proof of decisions of the Minister referred to in subsection (3), a document purporting to be a copy of such a decision and to be certified by the Minister to be a true copy of the decision, is, in any proceeding, evidence of the decision.
(6) Subject to subsection (7), a decision of the Minister under subsection (3) shall come into operation on the date on which the decision is given.
(7) The Minister may specify in a decision under subsection (3) that the decision is not to come into operation until a later date specified in the decision and, where a later date is so specified, the decision comes into operation on that date.
(8) Subject to subsection (9), a decision of the Administrator as varied by the Minister under subsection (3), or a decision made by the Minister under subsection (3) in substitution for a decision of the Administrator, shall for all purposes be deemed to be a decision of the Administrator and, upon the coming into operation of the decision of the Minister, unless the Minister otherwise orders, has effect, or shall be deemed to have had effect, on the day on which the original decision was so varied or the decision was made in substitution for the original decision, as the case requires.
(9) The Minister shall not order under subsection (8) a decision, other than a decision affirming a decision of the Administrator, to have effect on a day before the date on which the decision of the Minister comes into operation, if the decision is:
(a) to increase the rent payable under a lease or tenancy, or the amount payable in respect of any occupation of premises to which the decision relates;
(b) to refuse to grant relief of the kind referred to in paragraph 8 (1) (b);
(c) to refuse to discharge, either absolutely or subject to conditions, a lessee from liabilities and obligations in respect of previous occupation of leased premises by the lessee; or
(d) to discharge a lessee, subject to conditions that are more onerous than those that were imposed by the decision under review, from liabilities and obligations in respect of his or her previous occupation of leased premises.
13 Service of notices
(1) A notice under this Ordinance shall be served:
(a) on a natural person:
(i) by delivering it to the person personally; or
(ii) by leaving it at, or by sending it by pre‑paid post to, the address of the place of residence or business of the person last known to the person serving the notice; or
(b) on a body corporate — by leaving it at, or by sending it by pre‑paid post to, the head office, a registered office or a principal office of the body corporate; or
(c) by affixing a copy of the notice in a prominent position on the land the subject of the lease.
(2) Service of any notice under this Ordinance may be proved by affidavit, in accordance with Form 5, endorsed on the notice or a copy of the notice.
14 Delegation
(1) The Administrator may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Administrator, delegate all or any of the Administrator’s powers under this Ordinance.
(2) A power so delegated when exercised by the delegate shall, for the purposes of this Ordinance, be deemed to have been exercised by the Administrator.
(3) A delegation under this section does not prevent the exercise of a power by the Administrator.
15 Evidence
(1) Where, under this Ordinance, a lease or licence may be granted, or a notice may be served, by the Commonwealth or the Administrator, as the case may be, the lease, licence or notice shall, unless evidence to the contrary is adduced, be deemed to be a lease, licence or notice by the Commonwealth or the Administrator if it is signed for and on behalf of the Commonwealth or the Administrator, as the case requires.
(2) A certificate signed by the Administrator stating that a lease or licence has been determined is evidence of the matters stated in the certificate.
16 Repeal
The Crown Lands Ordinance is repealed.
17 Regulations
The Minister may make regulations, not inconsistent with this Ordinance, prescribing matters:
(a) required or permitted by this Ordinance to be prescribed by the regulations; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to the Ordinance.
Schedule
Form 1 Notice of determination of lease and of application to the Magistrate’s Court for a warrant
(subsection 10 (2))
Lands Ordinance 1987
TERRITORY OF CHRISTMAS ISLAND
To of .
Take notice that your lease of the premises known as
has been determined by the Administrator pursuant to section 10 of the Lands Ordinance 1987 by reason of (here state grounds of determination) and that you are required to deliver up to the Commonwealth possession of those premises before (date).
(Omit the following paragraph if it is not desired to give notice of application for a warrant concurrently with the notice of determination of the lease.)
If possession of those premises is not delivered up to the Commonwealth before (date), application will be made to the Magistrate’s Court at Christmas Island at (time) on that date, or as soon as possible after that time, for the issue of a warrant under subsection 11 (1) of that Ordinance authorizing entry to be made upon those premises and possession to be given to the Commonwealth.
Dated 19 .
Administrator of the
Territory of Christmas Island
Form 2 Notice requiring lessee to deliver up possession of premises
(subsection 10 (4))
Lands Ordinance 1987
TERRITORY OF CHRISTMAS ISLAND
To of .
Take notice that your lease of the premises known as
having been determined you are required to deliver up to the Commonwealth possession of those premises before (date).
(Omit the following paragraph if it is not desired to give notice of application for a warrant concurrently with the notice requiring the lessee to deliver up possession.)
If possession of those premises is not delivered up to the Commonwealth before (date), application will be made to the Magistrate’s Court at Christmas Island at (time) on that date, or as soon as possible after that time, for the issue of a warrant under section 11 of the Lands Ordinance 1987 authorizing entry to be made upon those premises and possession to be given to the Commonwealth.
Dated 19 .
Administrator of the
Territory of Christmas Island
Form 3 Notice of intention to make application for warrant of entry
(subsection 11 (3))
Lands Ordinance 1987
TERRITORY OF CHRISTMAS ISLAND
To of .
Your lease of the premises known as
has been determined by the Administrator.
You have failed pursuant to notice given in accordance with section 10 of the Lands Ordinance 1987 to deliver up possession of those premises to the Commonwealth before (date).
Take notice that if possession of those premises is not delivered up to the Commonwealth before (date), application will be made to the Magistrate’s Court at Christmas Island at (time) on that date, or as soon possible after that time, for the issue of a warrant under subsection 11 (1) of the Lands Ordinance 1987 authorizing entry to be made upon the premises and possession to be given to the Commonwealth.
Dated this day of 19 .
Administrator of the
Territory of Christmas Island
Form 4 Warrant to enter and give possession to the Commonwealth
(subsection 11 (5))
Lands Ordinance 1987
TERRITORY OF CHRISTMAS ISLAND
In the Magistrate’s Court
To Members of the Christmas Island Police Force.
The lease of the premises at
and known as
having been determined pursuant to section 10 of the Lands Ordinance 1987, the lessee or the person apparently in occupation or possession of those premises having failed to deliver up possession to the Commonwealth within the time specified in a notice under subsection 10 (1) or (3) of that Ordinance, being a notice served on him (or her) in accordance with section 13 of that Ordinance, and application having been made to me by the Administrator of the Territory of Christmas Island for the issue by me of a warrant under section 11 of that Ordinance authorizing any member of the Christmas Island Police Force to enter on those premises and deliver up possession of those premises to the Commonwealth, I HEREBY AUTHORIZE you to enter on those premises with such force, and with such assistance, as is necessary and reasonable, during the hours of (or at any time), and take possession of those premises for the Commonwealth.
THIS WARRANT shall have no effect after (here insert date, being a date that is not more than 30 days after the date of the warrant).
Dated 19
Special Magistrate sitting
as Magistrate’s Court
Form 5 Affidavit of service
(subsection 13 (2))
Lands Ordinance 1987
TERRITORY OF CHRISTMAS ISLAND
In the Magistrate’s Court
I of
being duly sworn, state that on 19 , I served , the lessee named in this notice, with a true copy of this notice:
* (where the lessee is a natural person) by delivering it to the lessee personally
or
* (where the lessee is a natural person) by leaving it at, or sending it by, pre‑paid post to, the address of the place of residence or business of the lessee last known to me
or
* (where the lessee is a body corporate) by leaving it at, or by sending it by pre‑paid post to, the head office, a registered office or a principal office of the body corporate
or
* by affixing a copy of the notice in a prominent place on the land the subject of the lease.
Sworn before me at on 19 .
(Justice of the Peace *
or Magistrate *)
* Delete whichever is in applicable
Notes to the Lands Ordinance 1987
Note 1
Note: The Lands Ordinance 1987 (in force under the Christmas Island Act 1958) as shown in this compilation comprise Ordinance No. 1 of 1987 amended as indicated in the Tables below.