Page 3278 - Week 10 - Thursday, 16 September 1993

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MINISTER FOR THE ENVIRONMENT, LAND AND PLANNING

LEGISLATIVE ASSEMBLY QUESTION

QUESTION NO. 967

Rural Leases - Withdrawal

Mr Cornwell - asked the Minister for the Environment, Land and Planning -

(1) Does a written policy exist to be followed regarding resumption of a rural lease.

(2) If so, can a copy be provided to me and, if a written policy does not exist, why not.

(3) Does a minimum time exist to give notice of the resumption of a rural property.

(4) If so, what is the time limit and if no time limit exists, why not.

Mr Wood - the answer to the Members question is as follows -

(1) and (2) Yes. There is a requirement under Section 29 of the Australian Capital Territory (Planning and Land Management) Act 1988 for a document outlining the procedures to be followed. The term used is withdrawal rather than resumption .

I have attached a copy of the relevant section from the procedures.

(3) and (4) The standard withdrawal clause used in rural leases granted under the Leases Act 1918, and now under the Land (Planning and Environment) Act 1991, provides that the Territory notify in writing of its intention to withdraw land from a lease. That clause does not specify a minimum time for notification, however it has heen Government practice since well before Self-Government that a minimum three months notice be given.

The Assembly will be aware that, on 16 September 1993, I tabled an exposure draft of a Lands Acquisition Bill for the Territory and that draft will be subject to public consultation over the next two months. This legislation will obviate the need for withdrawal clauses in rural leases.

When the Bill is finalised its provisions will cover the acquisition in a most comprehensive manner, with specific time periods and rights of appeal.

3278

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