The ACT Assembly and Government are bound by both.
It is worth revisiting these for several reasons. Last week a respected authority on land tenure in the ACT, Justice Rae Else-Mitchell, called for freehold to replace leasehold in the ACT; the Minister for Land, Environment and Planning, Bill Wood, has suggested perpetual leasehold as one of several for commercial sites the ACT, and there are three inquiries into the Territory Plan.
Justice Rae Else-Mitchell’s radical conclusion indicates a belief that the present land tenure system has gone off the rails. However, the federal Constitution prohibits it.
Section 125 provides that the territory containing the seat of government “”shall be vested in and belong to the Commonwealth”. That means the freehold shall be retained by the Commonwealth and cannot be assigned to someone else.
Continue reading “1994_08_august_column23aug”