Page 2083 - Week 07 - Thursday, 23 August 2007

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97

Proposed new clause 245A

Page 186, line 21—

insert

245ALeases held by Territory not to be transferred or assigned

(1) The Territory must not transfer or assign a lease if the Territory is the registered proprietor of the lease.

(2) To remove any doubt, subsection (1) does not prevent the Territory from subletting a lease if the Territory is the registered proprietor of the lease.

98

Clause 252

Page 192, line 16—

omit

to remove its concessional status

substitute

if the application includes the removal of its concessional status

99

Clause 253

Page 193, line 1—

omit clause 253, substitute

253No decision on application unless consideration in public interest

(1) The planning and land authority, or Minister, must not decide a development application to which this part applies under section 158 (Deciding development applications) unless the Minister decides whether it is in the public interest to consider the application.

(2) In deciding whether it is in the public interest to consider the development application, the Minister must consider the following:

(a) whether the Territory wishes to continue to monitor the use and operation of the lease by requiring consent before the lease is dealt with;

(b) whether approving the application would cause any disadvantage to the community;

(c) whether the application to vary the lease to make it a market value lease is, or is likely to be, part of a larger development and, if so, what that development will involve;

(d) whether the Territory should buy back, or otherwise acquire, the lease.

(3) The Minister must give notice of the decision to the planning and land authority.

(4) The decision is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

100

Clause 258 (2) (b)


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