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Formal advice given to Minister on land use policies

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The Minister for the Capital Territory, Mr Bob Ellicott, said today that

the NCDC had given him formal advice of its land use policies for resi­

dential areas in accordance with the National Capital Development Commission

Act. ' - ■ . .

The .Minister said that he had noted the Commission's policies and was

fully in support of their fundamental objectives. He said that the

amenities of residential areas should not be eroded by uses not authorised

under residential leases.

The Minister said his attention had been drawn to the fact that a number

of residential leases were being used in a manner which did not conform

with the lease covenants.

• Following today's statement by the NCDC of its land use policies for resi­

dential lands, the Department of the Capital Territory would be contacting

lessees who were believed to be using residential sites for professional

or business purposes in breach of leases and informing them that such use

should be discontinued.

The Minister said while he wanted it to be clearly understood that un­

authorised uses must be brought' to an end, he had asked both the Depart­

ment and the NCDC to be helpful in facilitating alternative arrangements

where possible. In particular, he had instructed the Department to allow

reasonable time for lessees now breaching leases to make other arrangements.

The Minister said that for some time DCT's enforcement of lease purpose

covenants had been impeded by a deficiency in the City Area Leases Ordinance.

Delays had been experienced in introducing amending legislation, firstly

when the Legislative Assembly withheld its concurrence pending a change to

arrangements whereby variations of lease purposes could be obtained, and

secondly, because the Senate Committee on Regulations and Ordinances took

the view that action against lessees in breach should be under civil rather

than criminal jurisdiction as had first been proposed.



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The amendments agreed with the,Senate Committee were introduced on

19 October 1977 and the Department would shortly take action under

these provisions for a number of breaches of business leases. ' Legal

proceedings under the amended City Area Leases Ordinance would also

be commenced where necessary for breaches of residential, leases. The

Minister said it was his hope that the.number of cases where this would '

be necessary would be small, because he believed that with the removal

of any doubt that might have existed regarding land use policies,

lessees would recognise their obligations to comply with lease covenants

and cease conducting professional or business activities on land leased ·

for residential use,, except as authorised by the Department in accordance

’ with NCDC policies.

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