Australian Capital Territory Current Acts

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LEASES (COMMERCIAL AND RETAIL) ACT 2001 - SECT 135

Consultation before redevelopment

    (1)     The lessor must not redevelop the shopping centre, or part of the shopping centre, unless the lessor has consulted with the tenants about the proposed redevelopment.

    (2)     The lessor is taken to have consulted about a proposed redevelopment if the lessor conducts a meeting about the proposal and—

        (a)     the tenants are invited to the meeting; and

        (b)     the lessor gives reasonable notice of the meeting; and

        (c)     the lessor distributes a written summary of the proposed redevelopment at or before the meeting; and

        (d)     the meeting takes place before a final decision is made to redevelop.

    (3)     The lessor is taken to have consulted about a proposed redevelopment if—

        (a)     the lessor gives a written summary of the proposed redevelopment to the tenants within a reasonable time before the decision is made to redevelop; and

        (b)     seeks submissions in relation to it.

    (4)     For this section:

"redevelop", for a shopping centre, means—

        (a)     refurbish, if the refurbishment proposed is likely to cost more than 10% of the value of the shopping centre; or

        (b)     substantially reconstruct the shopping centre; or

        (c)     construct additional retail space at the shopping centre so that the lettable area of the shopping centre is increased by more than 10%.

"representative body" includes a body—

        (a)     whether incorporated or not; and

        (b)     whether specially created to consider the proposed redevelopment or not.



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