Australian Capital Territory National Land
(Leased) Delegation 2022 (No. 2)
I, Katy Gallagher, Minister for Finance, make this delegation under section 58(2) of
the Australian Capital Territory National Land (Leased) Ordinance 2022.
Dated 1st August 2022
SIGNED
Minister for Finance
This delegation is the Australian Capital Territory National Land (Leased)
Delegation 2022 (No. 2).
This delegation commences when it is made.
In this delegation:
Department means the Department of Finance.
Minister means the Minister administering the Australian Capital Territory
(Planning and Land Management) Act 1988, section 27 insofar as it relates to
the declaration of land in the Australian Capital Territory to be National
Land where the land is required for Commonwealth purposes other than for
the special purposes of Canberra as the National Capital.
Ordinance means the Australian Capital Territory National Land (Leased)
Ordinance 2022.
4 Delegation
The powers of the Minister under the provisions of the Ordinance mentioned
in Part 2 of Schedule 1 are delegated to the persons for the time being
holding, occupying, or performing the duties of, the positions in the
Department mentioned in Part 1 of Schedule 1.
Part 1 Positions
Item | Position title |
101 | Secretary |
102 | Deputy Secretary, Senior Executive Service Band 3, Commercial and |
103 | First Assistant Secretary, Senior Executive Service Band 2, Property and Construction Division |
104 | Assistant Secretaries, Senior Executive Service Band 1, Property and |
105 | Directors, Executive Level 2, Property and Construction Division |
Part 2 Delegations under the Ordinance
Item | Provision | Summary of power or function (for information only) |
201 | subsection 10(1) | grant leases of land |
202 | subsection 10(2) | requirement for lease to be consistent with National |
203 | subsection 10(5) | determine the method for granting lease |
204 | subsection 10(6) | publish notice of auction, tender, ballot or direct grant |
205 | subsection 10(9) | invite fresh applications for the lease in certain |
206 | subsection 10(10) | determine the method for granting lease |
207 | subsection 10(12) | requirement to not grant lease unless grantee is an |
208 | subsection 10(13) | make reasonable and necessary enquiries to establish |
209 | subsection 10(14) | refuse to grant lease if unable to comply with lease |
210 | subsection 12(2) | give written notice withdrawing offer or terminating |
211 | subsection 13(4) | determine application for reconsideration or reviewed |
212 | subsection 14(4) | determine application for rent reduction or relief from conditions |
213 | subsection 14(5) | requirement to take into account provided information |
214 | subsection 14(6) | approval under subsection 14(4) may be given subject |
215 | subsection 17(3) | determine application for variation of lease |
216 | subsection 17(4) | determine amount payable for approved variation of |
217 | subsection 17(5) | requirement for variation of lease to be consistent with National Capital Plan |
218 | subsection 17(6) | requirement to have regard to National Capital Plan, |
219 | subsection 17(7) | make a decision within set timeframes |
220 | subsection 17(9) | requirement to give written notice of decision to vary |
221 | subsection 19(3) | requirement to not execute variation instrument until |
222 | section 20 | remit or refund lease variation charge in special |
223 | subsection 22 (4) | exempt, by notifiable instrument, a Division 4 lease |
224 | subsection 23(5) | determine application for consent to dealings in a |
225 | subsection 23(6) | requirement to satisfy certain conditions before |
226 | subsection 24(1) | advise registrar-general of a Division 4 lease |
227 | subsection 25(3) | issue a full certificate of compliance for Division 4 |
228 | subsection 25(4) | issue a partial certificate of compliance for Division 4 |
229 | subsection 25(8) | issue a certificate of discharge of liability for Division |
230 | subsection 25(9) | give a copy of a section 25 certificate to registrar- |
231 | subsection 33(5) | determine expenditure incurred by the Commonwealth |
232 | subsection 34(3) | determine expenditure incurred by the Commonwealth |
233 | subsections 35(3), (4), (5) | determine market value of improvements, and give |
234 | subsection 37(2) | by written notice, direct a fence to be erected |
235 | subsection 37(4) | cause a fence to be erected and determine an amount |
236 | subsection 38(7) | give written notice determining the cost of erecting a |
237 | subsection 39(1) | ensure continued road access to leased land |
238 | subsection 40(1) | arrange for survey of land contained in a lease |
239 | subsection 40(2) | determine reasonable cost of survey |
240 | subsection 41(1) | assess value of lease or land |
241 | subsection 41(2) | authorise persons to enter land for the purposes of |
242 | subsection 41(3) | give a copy of result of assessment to lessee |
243 | section 42 | recover amounts due to the Commonwealth under |
244 | subsection 44(2) | apply to Supreme Court for injunction against use of |
245 | subsection 45(7) | determine application to keep 2 or more touring |
246 | subsection 46(2) | determine application to surrender lease or part of |
247 | subsection 46(4) | authorise a refund of any rent already paid, in |
248 | subsection 47(4) | determine commencement date of new lease |
249 | subsection 48(1) | terminate a lease by giving written notice of |
250 | subsection 48(3) | give a copy of subsection 48(1) termination notice to |
251 | subsection 49(1) | requirements before terminating lease under |
252 | subsection 49(2) | give written notice of consideration of termination of |
253 | subsection 49(3) | requirement to give a copy of subsection 49(2) written |
254 | subsection 50(2) | give written notice of demand for possession of land |
255 | subsection 50(3) | apply to Magistrates Court for an order for possession |
256 | subsection 51(1) | certify in writing of ending of lease due to expiry, |
257 | subsection 54(1) | enter upon and inspect certain leased lands to |
258 | subsection 55(2) | give written notice, directing a matter or thing to be |
259 | subsection 55(4) | cause a matter or thing to be removed from land and |
260 | subsection 56(1) | authorise entry to land in a lease to construct certain |
261 | subsection 57(2) | by written notice, request further information in |
262 | subsection 57(4) | refuse to consider application without further |
263 | subsection 72(2) | transitional - give notice of termination of certain |