Page 2379 - Week 08 - Thursday, 7 June 1990
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.3.
IN THIS CONTEXT THE VARIATION OF LEASES XS AN IMPORTANT EXAMPLE. AT PRESENT, A LESSEE WISHING TO VARY A LEASE COVENANT HAS TO LIVE WITH THE POSSIBILITY THAT HIS OR HER APPLICATION MIGHT BE DEALT WITH IN ONE, OR A COMBINATION, OF THREE METHODS.
THE FIRST METHOD IS TO VARY A LEASE UNDER SECTION 11A OF THE CITY AREA LEASES ACT THROUGH APPLICATION TO THE A.C.T. SUPREME COURT, A PROCESS THAT CAN BE BOTH TIME CONSUMING AND CAN BE HIGHLY EXPENSIVE.
THE SECOND, IS TO VARY A LEASE PURPOSE CLAUSE BY ADMINISTRATIVE ACTION UNDER SECTION 72A OF THE REAL PROPERTY ACT. THE POLICY HAD BEEN TO USE THIS OPTION ONLY IN CASES WHERE THE VARIATION IS ACCEPTABLE TO THE MINISTER, IS NOT DEEMED TO BE A CONTENTIOUS VARIATION IN TERMS OF PUBLIC INTEREST AND WILL NOT ADD SUBSTANTIALLY TO THE FINANCIAL VALUE IF THE LEASE.
THE THIRD AND FINAL METHOD OF VARYING THE LEASE IS BY WAY OF SURRENDER AND REGNANT OF THE LEASE.
THE LAND (LEASES AND MANAGEMENT) BILL IN COMBINATION WITH THE LAND USE (APPROVAL AND ORDERS) BILL ESTABLISHES A SINGLE PROCESS FOR THE VARIATION OF LEASE CLAUSES. THE LEGISLATION ESTABLISHES A TRANSPARENT PROCEDURE TO BE FOLLOWED IN ORDER TO OBTAIN A VARIATION AND PROVIDES THAT THE MINISTER RATHER THAN A COURT MAY APPROVE A VARIATION, AS LONG AS THE APPROPRIATE CRITERIA ARE MET.
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