Page 3689 - Week 12 - Tuesday, 27 October 2015
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(1) In this part:
eligible impacted property means residential premises determined by the Minister to be eligible to be purchased by the Territory under the eligible impacted property buyback program.
eligible impacted property buyback program means the program involving the acquisition, by the Territory, of eligible impacted properties.
(2) In making a determination under the definition of eligible impacted property in relation to residential premises, the Minister may consider the following:
(a) whether the residential premises are structurally dependent on the affected residential premises;
(b) whether—
(i) the owner of the affected residential premises has agreed to surrender the lease on which the premises are located, or sell the premises, to the Territory under the buyback scheme; and
(ii) if subparagraph (i) applies—the lease has been surrendered or the contract for the sale of the affected residential premises has been completed;
(c) whether loose-fill asbestos insulation has been found in the residential premises or whether migration pathways are identified between the residential premises and the affected residential premises;
Examples—migration pathways
• a shared cavity wall that loose-fill asbestos insulation could have fallen into
• a roof space that is continuous with the affected residential premises
• a sub-floor that is continuous with the affected residential premises
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(d) whether the safe, efficient or practical demolition of the affected residential premises will be adversely affected by a shared structure or the location of the residential premises;
(e) anything else the Minister considers relevant.
(3) In this section:
affected residential premises means residential premises that contain, or have contained, loose-fill asbestos insulation.
buyback scheme—see section 6 (4).
loose-fill asbestos insulation—see the Dangerous Substances Act 2004, section 47M.
residential premises means premises, or a part of premises, that are a class 1 or class 2 building.
17D Dictionary, new definitions
insert
eligible impacted property, for part 2 (Sale of residential property)—see section 9A (1).
eligible impacted property buyback program, for part 2 (Sale of residential property)—see section 9A (1).
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