Planning (General) Regulation 2023
46Direct sale criteria for leases of adjoining unleased land
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46 Direct sale criteria for leases of adjoining unleased land that is public land—Act, s 266 (1) (a) (i) (1) The criteria for the direct sale of a lease of public land (the proposed lease) to the lessee of a lease (the existing lease) that adjoins the proposed lease are that— (a) the grant of the proposed lease will— (i) rectify an existing encroachment on the proposed lease by a building or other structure on the existing lease for the purpose of consolidating the proposed and existing leases for subdivision under the Unit Titles Act 2001; or (ii) facilitate the achievement of a good planning outcome; and (b) the proposed use of the land is compatible with Territory or Commonwealth government policies applicable to the proposed use; and (c) because of the size, location or configuration of the proposed lease, it is not reasonable or viable to grant the proposed lease as a separate independent lease; and (d) the grant of the proposed lease— (i) will not detract from the amenity of the surrounding area; and (ii) will promote better land management; and (iii) will not unreasonably restrict public access to other land. encroachment includes a projection at, above or below ground level.