266Restriction on direct sale by authority

266 Restriction on direct sale by authority (1) The territory planning authority must not grant a lease under section 263 (1) (d) unless— (a) for a lease prescribed by regulation for this paragraph— (i) the grant is in accordance with criteria prescribed by regulation for this paragraph; and (ii) the Executive approves the grant; or (b) for a lease prescribed by regulation for this paragraph— (i) the grant is in accordance with criteria prescribed by regulation for this paragraph; and (ii) the Minister approves the grant; or (c) the Executive approves the grant under subsection (2); or (d) for a community lease—the grant is approved by the Executive under section 293; or (e) the lease is prescribed by regulation; or (f) the grant is of a residential lease for a single dwelling house; or (g) the grant is to give effect to a lease variation (whether by consolidation, subdivision or otherwise); or

(h) the grant is in accordance with— (i) section 267 (Direct sale if single person in restricted class); or (ii) section 289 (Grant of further leases); or (i) for a lease over an encroachment on adjoining land under section 159 (Applications for development encroaching on adjoining land if development prohibited)—the territory plan has been amended in accordance with section 88 (Rezoning— development encroaching on adjoining land). (2) The Executive may approve the grant by direct sale of a lease (other than a community lease) if satisfied that— (a) the grant meets 1 or more of the grant objectives; and (b) a grant by a means other than direct sale— (i) is not likely to meet any of the grant objectives; or (ii) may meet 1 or more of the grant objectives but is unlikely to meet the objective to the same extent as the grant by direct sale of the lease. (3) The validity of a lease granted under section 263 (1) (d) is not taken to be affected by a failure to comply with any criteria or requirement applicable to the grant of the lease. adjoining land—see section 158 (1) (a). encroachment—see section 158 (1) (b).

grant objective—each of the following is a grant objective: (a) to benefit the economy of the ACT or surrounding region; (b) to contribute to the environment, or social or cultural features in the ACT; (c) to introduce new skills, technology or services in the ACT; (d) to contribute to the export earnings and import replacement of the ACT or surrounding region; (e) to facilitate the achievement of a major policy objective. single dwelling house—see the territory plan.