Public Bodies Leases Act 1969
The powers and duties delegated are those of the Council as a “territorial authority”, “local authority” and “leasing authority” as specified. The Public Bodies Leases Act 1969 (the “PBLA”) applies to the Council as a local/territorial authority (as leasing authority) only in respect of: (a) any lease or tenancy granted by the Council before 1 July 2003 and which is still current; (b) any lease or tenancy granted after 1 July 2003, in renewal of a lease or tenancy to which the Public Bodies Leases Act 1969 applies. With respect to new leases granted after 1 July 2003, the Council remains a leasing authority for the purposes of section 61 of the Reserves Act 1977 (relating to local purpose reserve) because it is declared a leasing authority of local purpose reserves vested in it as an “administering body” by section 61(2) of the Reserves Act 1977 and not as a territorial authority. The Council’s power to grant a lease under the Public Bodies Leases Act 1969 is therefore restricted to the purposes of section 61 of the Reserves Act 1977 unless the Act allows otherwise (see, e.g. section 5 of the PBLA).
| Section | Summary of Function or Power | Delegated Officers |
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| s7 & 10 | Power (as leasing authority of local purpose reserve) to grant leases/tenancies specified for a period not exceeding 5 years and to include the provision specified. a. Subject also to General Delegations - Property Management b. This power cannot be sub-delegated |
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| s8 | Powers and duties (as leasing authority of local purpose reserve), except as otherwise provided, to sell every lease granted by public auction/tender and give notice as specified; accept bids/tenders where lease not sold; and lease land by private contract/tenancy at will, for a period not exceeding 5 years. a. Subject also to General Delegations - Property Management b. These powers cannot be sub-delegated
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| s9, s10 & s17 | Power and duties (as leasing authority of local purpose reserve) in relation to the offer of any land for leasing for a period not exceeding 5 years, after calling for public applications at a determined rent; power to include provision specified in s10; duty to ensure that the provision set out in s17 apply. a. Subject also to General Delegations - Property Management b. These powers cannot be sub-delegated |
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| s11 - s13 | Power and duties (as leasing authority of local purpose reserve) in relation to the grant, under s11(b), of tenancies for farming purposes for a period not exceeding 5 years without right of renewal and subject to the provisions set out in s12. Restrictions: Subject also to General Delegations - Property Management a. Subject also to General Delegations - Property Management b. This power cannot be sub-delegated |
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| s14 | Duty (as leasing authority of a local purpose reserve), where lease under s11(b) is determined as described, to pay the lessee compensation for improvements on the land as provided. |
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| s16 | Powers and duties (as lessor which is a leasing authority of a local purpose reserve or re leases/tenancies still subject to this Act) to inspect land as specified. |
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| s18 | Duty (as leasing authority of a local purpose reserve) not to enter into a lease under the Act that does not take effect within the period specified. Restriction: Subject also to General Delegations - Property Management |
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| s19 | Duty (as leasing authority of a local purpose reserve) to ensure that every lease granted under the Act reserves a rack rent without fine/premium, but no duty for rent to be uniform for whole term of lease. |
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| s20 | Power (as leasing authority of a local purpose reserve), to include in a lease powers of re-entry and conditions, etc as provided, subject to the exception specified. Restriction: Subject also to General Delegations - Property Management |
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| s22 | Power and duties (as leasing authority of a local purpose reserve), re including a provision for review of rent in a lease, and carrying out such a review. Restriction: Subject also to General Delegations - Property Management |
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| s23A | Where lease granted under this Act to which s303(2) of the LGA ’02 applies, power (as territorial authority) to grant leases subject to this Act, direct to sublessees for the residue of a period not exceeding 5 years with consent of the lessee. Restrictions: a. Subject also to General Delegations - Property Management b. This power cannot be sub-delegated |
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| s23C | Power (as territorial authority), where it has taken part of the land for any public work, which it had leased under this Act (and to which s303(2) of the LGA '02 applies) to offer the lessee adjoining land for lease (if local purpose reserve) for a period not exceeding 5 years. Restrictions: Subject also to General Delegations - Property Management a. Subject also to General Delegations - Property Management b. This power cannot be sub-delegated |