• Rural land is important to ACT’s landscape. This is why it’s possible to be granted a rural land lease.
  • A land management agreement allows leasehold of rural land.

Rural land

You might notice that ACT has a lot of open land and bushland. This rural land is important to the city's distinctive landscape.

Rural land helps to:

  • conserve habitats and species
  • allow for productive and sustainable agriculture use
  • provide land for future urban use.

Rural land might impact your plans for development. The length of leases offered to a rural land owner determines the planning intentions. It also allows for security of tenure for the rural land owner.

Terms and payment of rural land leases

The Minister decides the term, length and the amount you need to pay for the lease of rural land.

The Minister might fix the term for a rural lease. Sometimes this includes a maximum term. This happens if the National Capital Authority sets the maximum term on the designated area. If this happens, you won't be able to lease the rural land beyond the maximum term.

The Minister also determines the amount payable for a further rural lease. If the Minister doesn't set this amount, you'll need to pay market value. If a lessee is granted further lease, they are not liable to pay for improvements on the land made before the regranting of the lease.

Land management agreements

Leases that have a rural purpose need a land management agreement under the Planning Act 2023.

If you have an approved land management agreement with the Territory, you might be granted:

  • a rural lease
  • extension on your rural lease
  • variation to a rural lease
  • consent to the assignment or transfer for a rural lease.

The agreement must be:

  • signed by the Conservator of Flora and Fauna
  • signed by the person seeking approval.

You can also have a provision in the agreement that allows variations only when all parties come to an agreement.

Dealings with rural leases

Dealings with leases includes:

  • assigning or transferring the lease
  • sublet the land comprised in the lease or part of it
  • part with possession of the land in the lease or any part of it.

You can't deal with a rural lease without written consent of the Territory Planning Authority (the Authority). Without this consent, your lease dealing has no effect.

Sometimes the Authority can't consent to a dealing. For example, the Authority can't consent to the consolidation or subdivision of a lease during a holding period. This can only happen if the discharge amount is paid.

Exceptions to dealings and land management agreements

Exceptions to land management agreements include:

  • transfer or assignment of a lease or interest in a lease if the lessee has died
  • transfer or assignment has been ordered due to domestic relationship, bankruptcy or insolvency.

In these instances, the person the lease or interest has been transferred or assigned needs to enter a land management agreement. This needs to happen within six months (or any extended period) after the day the lease, part of the lease or interest is transferred or assigned.

Management of public land

If you're authorised to develop on public land, you'll need a plan of management. You'll need to follow the management objectives of the area and any agreed plan of management.

When putting together a management plan, you'll need to consult with the Conservator of Flora and Fauna. Sometimes they'll make amendments to the management plan. The Conservator can only do this if they have consulted the custodian of the land.

You can see more in Schedule 3 of the Planning Act 2023.

Role of the custodian

The custodian of the land handles the preparation of a draft plan of management. This should be completed once the area is identified as public land.

The custodian may update an existing management plan if they consider it outdated. A plan of management is reviewed every 10 years by the custodian. If the plan isn't appropriate, they need to prepare a draft variation of the plan of management for the land.

View Plans of Management for non-urban conservation reserves.

Public consultation

When a draft plan is ready, the custodian or Conservator makes a written notice available to:

  • an appropriate Legislative Assembly committee
  • the public for inspection.

The plan of management may be revised following public consultation. The custodian or Conservator finalises and submits the plan to the Minister for approval.

A draft plan of management and any accompanying reports received by the Minister must be given to an appropriate committee of the Legislative Assembly within five working days. It needs to include:

  • comments or issues raised by the public about the plan
  • comments from the Territory Planning Authority or Conservator
  • if comments are not provided, a written explanation on why EPSDD or Conservator did not provide comment.

Minister’s role

At any given stage of drafting the plan, the Minister may request:

  • planning report
  • strategic environmental assessment

This type of report may be a Minister's own initiative or by request from the Conservator of Flora and Fauna.

The Minister will then consider the plan and recommendations, with the possible outcomes:

  • approve the plan in the form it was submitted
  • refer the plan to the proponent with further written directions.

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