Schedule 2 Market value leases and leases
that are possibly concessional
(see s 259, def market value lease, par (b) and s 260 (1) (c))
Part 2.1 Preliminary
2.1 Definitions—sch 2
incorporated association means an association incorporated under
the Associations Incorporation Act 1991 or a law of another
jurisdiction corresponding, or substantially corresponding, to that
Act.
rental lease—see section 256.
residential lease—see section 256.
rural lease—see section 256.
item
1 a consolidated or subdivided lease or a further or regranted lease, other than a
lease mentioned in s 258 (1)
2 a rural lease
3 a lease over land that, immediately before the grant of the lease, was owned,
controlled or held by the housing commissioner under the Housing Assistance
Act 2007
4 a lease granted to the Territory or a territory entity
5 a residential lease
6 a rental lease granted for commercial purposes after 1 January 1974 if the rent
was paid out—
(a) in accordance with a law in force in the Territory; or
(b) by agreement between the Commonwealth or the Territory and the
Examples—commercial purposes
1 industrial
2 business
7 a lease (the individual lease) granted for no consideration if—
(a) the individual lease is granted following the subdivision of a lease (the
head lease) held by the person to whom the individual lease is
granted; and
(b) the person has provided infrastructure on the land leased under the
head lease
8 a lease granted under the City Area Leases Act 1936—
(a) before 1 January 1971; and
(b) to which that Act, s 18 (Rent) applies; and
(c) that does not state, in the lease or a memorial to the lease, that the
lease is subject to a restriction on dealing with the lease
Market value leases Part 2.2
item
9 a lease that includes a statement, in the lease or a memorial to the lease, to the
effect that the lease is a market value lease
10 a lease granted to an entity, other than the Territory or a territory entity, if—
(a) the lease states that the lease commenced, or is taken to have
commenced, on a day (the lease commencement day) earlier than the
day the lease was granted; and
(b) the land described in the lease was occupied by the Territory or a
territory entity on the lease commencement day
11 a lease granted to the Commonwealth or a Commonwealth entity
12 a lease granted to an entity, other than the Commonwealth or a Commonwealth
entity, if—
(a) the lease states that the lease commenced, or is taken to have
commenced, on a day (the lease commencement day) earlier than the
day the lease was granted; and
(b) the land described in the lease was occupied by the Commonwealth or
a Commonwealth entity on the lease commencement day
13 a lease granted under the City Area Leases Act 1936 if, on 1 July 2009—
(a) the lessee of the lease is the holder of a club licence under the Liquor
Act 1975; and
(b) at least 75% of the area of the land comprising the lease is located in 1
or both of the following:
(i) a commercial zone under the territory plan;
(ii) a designated area under the Australian Capital Territory
(Planning and Land Management) Act 1988 (Cwlth); and
30% of land described in a lease is located in a commercial zone and
50% of land is located in a designated area
(c) the lease does not state that there is a restriction on dealing with the
(d) the lease authorises the land described in the lease to be used for
both—
(i) a licensed club under the Liquor Act 1975; and
Schedule Sch 2 - Planning Act 2023 - Market value leases and leases | Zoe
item
(ii) a commercial purpose unrelated to the club
Examples—commercial purpose
1 a shop under the territory plan
2 a non-retail commercial use under the territory plan
3 a commercial accommodation use under the territory plan
14 a lease granted to the Australian National University established under the
Australian National University Act 1991 (Cwlth)
15 a lease granted to the University of NSW
16 a lease granted under the Land (Planning and Environment) Act 1991
(repealed), s 164 (Special leases)
17 a lease granted under the City Area Leases Act 1936 for commercial purposes
18 a lease granted after 30 March 2008 other than a lease—
(a) that states, in the lease or a memorial to the lease, that the lease is a
concessional lease; or
(b) that satisfies the requirements under section 260 (1)
Note Certain leases granted after 30 March 2008 under the Land (Planning
and Environment) Act 1991 (repealed) are possibly concessional (see
s 260)
19 a lease granted before 31 March 2008 if—
(a) the lease was granted for a consideration less than the full market
value of the lease, or for no consideration; but
(b) 1 of the following payments was made to the Territory, a territory
entity, the Commonwealth, a Commonwealth entity or the entity that
originally granted the lease:
(i) an amount in relation to the grant of the lease that was equal
to the lease’s market value at the time of payment or, if the
amount was paid in parts, at the time of the last payment;
(ii) an amount to reduce the rent payable under the lease to a
nominal rent under the Land (Planning and Environment)
Act 1991 (repealed), s 186 (Variation of lease to pay out rent)
Market value leases Part 2.2
item
20 a lease granted before 1 July 2007 if—
(a) the lessee applied in writing to the territory planning authority or the
Minister to remove the concessional status of the lease; and
(b) the territory planning authority or the Minister—
(i) approved the application in writing before 31 March 2008,
subject to payment of an amount (the application amount),
decided by the territory planning authority or the Minister,
equal to the lease’s market value; and
(ii) decided the application amount in writing, after 1 July 2007
and before 31 March 2008; and
(c) the lessee did not pay the application amount before 31 March 2008;
and
(d) the lessee pays the application amount within 6 months after the
commencement of this schedule
21 a lease prescribed by regulation
Part 2.3 Possibly concessional leases
Part 2.3 Possibly concessional leases
Note A lease is not possibly concessional if the lease states that the lease is
concessional or the lease is mentioned in pt 3.2 (see s 260).
item
1 a lease granted to a property trust or other corporation established by or in
relation to a religious organisation that may hold property in accordance with
an Act
2 a lease granted under the Leases (Special Purposes) Act 1925
3 a lease that states, in the lease or a memorial to the lease, that the Land
(Planning and Environment) Act 1991 (repealed), s 167 applies to the lease
4 a lease that states, in the lease or a memorial to the lease, that the lease is
subject to a restriction on dealing with the lease
5 a lease that was granted under the Leases Act 1918
6 a lease that states, in the lease or a memorial to the lease, that the lease is
subject to a requirement that 1 or more stated uses of the land may only be
exercised by the lessee
7 a lease granted to an incorporated association if—
(a) the incorporated association is still the lessee; and
(b) the lease states that the lease is subject to a requirement that the
incorporated association occupy a minimum area of land
8 a lease—
(a) granted to a club, whether or not the club is still the lessee; or
(b) that authorises the land described in the lease to be used for a club
9 a lease granted to a community organisation that states that the lease was
granted under the Land (Planning and Environment) Act 1991 (repealed),
s 163, whether or not the community organisation is still the lessee
Possibly concessional leases Part 2.3
item
10 a lease granted to an incorporated association or community organisation over
a unit in a units plan under the Unit Titles Act 2001 if—
(a) the lease (the original lease) that ended on registration of the units
plan was granted to the incorporated association or community
organisation; and
(b) the incorporated association or community organisation occupies the
unit—
(i) for its own purposes; and
(ii) in accordance with a condition in the original lease
Note On registration of a units plan, the lease of the parcel of land over
which the units plan is registered ends (see Unit Titles Act 2001, s 33)
11 a lease, other than a rural lease, granted for a term less than 99 years
Schedule 3 Management objectives for public land
Part 3.1 Preliminary
Section 3.1
Schedule 3 Management objectives for
public land
(see s 387 (1) (a))
Part 3.1 Preliminary
3.1 Definitions—sch 3
Aboriginal object—see the Heritage Act 2004, section 9 (1).
Aboriginal place––see the Heritage Act 2004, section 9 (1).
natural environment means all biological, physical and visual
elements of the earth and its atmosphere, whether natural or modified.
Management objectives for public land Schedule 3
Management objectives for areas of public land Part 3.2
Part 3.2 Management objectives for areas
of public land
item
reserve purpose
management objectives
1 wilderness area (a) to conserve the natural
environment in a manner
ensuring that disturbance to that
environment is minimal
(b) to provide for the use of the area
(other than by vehicles or other
mechanised equipment) for
recreation by limited numbers
of people, so as to ensure that
opportunities for solitude are
provided
2 national park (a) to conserve the natural
and research
3 nature reserve (a) to conserve the natural
and research
4 special purpose reserve to provide for public and community use
of the area for recreation and education
5 urban open space (a) to provide for public and
community use of the area
(b) to develop the area for public
and community use
6 cemetery or burial ground to provide for the interment or cremation
of human remains and the interment of
the ashes of human remains