Page 2923 - Week 09 - Thursday, 26 August 1993

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MINISTER FOR THE ENVIRONMENT, LAND AND PLANNING

LEGISLATIVE ASSEMBLY

QUESTION NO. 959

Rural Leases - Repair and Replace Clause

MR CORNWELL - asked the Minister for the Environment, Land and Planning -

In relation to the Repair and Replace Clause under the Leases Act 1918 -

(1) Is it a fact that rates valuations increase when lessees carry out such improvements but do not increase if no improvements are undertaken.

(2) What penalties exist for lessees failing to carry out repair and replacement conditions.

(3) How may actions have been undertaken in (a) 1991-92

and (b) 1992-93.

MR WOOD - the answer to the Members question is as follows -

(1) Valuations of rural leases in the ACT are undertaken

by the Australian Valuation Office on behalf of the

Territory Government. These valuations are for the

purpose of determining rates and land rent.

The basis for rating valuations is set out in Section 5 of the Rates Act 1926-1985. In that Section the only improvements on or to the land which may be included in the assessment of unimproved value are (if any)

"by way of clearing, filling, grading, draining, levelling or excavating -(i) where the Commonwealth had, before that parcel of land became rateable as a separate parcel, granted a development lease of land that included that parcel of land - made by the lessee under that

. lease or by the Commonwealth, or the cost of which

was borne by the lessee or by the Commonwealth; or

(ii) in any other case - made by the Commonwealth or

the cost of which was borne by the Commonwealth."

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