Document ID: chunk:federal_register_of_legislation:F2022L00470:reg:10:p1
Version: federal_register_of_legislation:F2022L00470
Segment Type: reg
Provision Reference: reg 10 (pt 1/2)
Character Range: 15249–17846

10  Power of the Minister to grant leases

Power to grant leases
 (1) Subject to this Ordinance, the Minister may, in the name of the Commonwealth, grant leases of National Land.

Consistency with National Capital Plan
 (2) The Minister may grant a lease only for purposes that are consistent with the National Capital Plan.

Terms on which leases may be granted
 (3) A lease must not be granted for a period exceeding 99 years.
 (4) A lease is otherwise subject to such terms, conditions or covenants as are:
 (a) required by this Ordinance; or
 (b) prescribed by the rules; or
 (c) specified in the lease.

Methods by which leases may be granted
 (5) Subject to this Ordinance, the Minister may grant a lease by one or more of the following methods:
 (a) auction;
 (b) tender;
 (c) ballot;
 (d) direct grant.
 (6) If a lease is to be granted by auction, tender or ballot, the Minister must publish notice of the intention to conduct the auction, tender or ballot not less than 10 business days before doing so.
 (7) Notice under subsection (6) must be published:
 (a) for a lease of National Land that is managed by the NCA (see subsection 7(2))—on the website of the NCA; or
 (b) for a lease of any other National Land—on the website of the Department administered by the Minister mentioned in subsection 7(3).

Minister may cancel, vary or combine processes for granting leases
 (8) The Minister need not grant a lease under subsection (1), even if notice of an intention to do so has been published under subsection (6).
 (9) If applications for a lease have been invited subject to conditions, the Minister may, without granting a lease, invite fresh applications for the lease subject to the same or other conditions.
 (10) The Minister is not constrained by the method by which a lease is to be granted and may grant a lease by any permitted method or combination of methods.

Eligibility for the grant of a lease
 (11) The rules may restrict eligibility for the grant of a lease under subsection (1) to a specified class of people.
 (12) The Minister must not grant a lease to a person unless satisfied that the person is an eligible member of any class specified under subsection (11).

Capacity to comply with lease
 (13) The Minister may make such enquiries as the Minister considers reasonable and necessary to establish the ability of a person to carry out the terms, conditions and covenants of a lease.
 (14) The Minister must not grant a lease to a person unless satisfied that the person has the ability to carry out the terms, conditions and covenants of the lease.

Development