Commentary on Sections Offer to lease allotment
385.Section 110 provides an entitlement to wait for an allotment of 250 square metres or a smaller size if it is requested. Subsections (2) and (3) apply where a person specifies an allotment of an area less than 250 square metres in a request made under section 109(1). If a person requests a particular size smaller than 250 square metres and is offered this size then the request is treated as having been agreed for the purpose of maintaining the waiting list under section 111(3)(a)(i) (subsection (2)). The person’s name will be removed from the waiting list. If a person is offered and accepts an alternative size of allotment then the request is treated as having been agreed to for the purpose of section 111(3)(a)(i) and the person’s name will be taken off the list. Should that person not agree to the offer of an alternative size, the request is treated as not agreed to (subsection (3)). The person is therefore entitled to remain on the list until the particular size requested is offered.
386.Subsections (5) and (6) apply where a person does not specify an area of allotment sought (of less than 250 square metres) in their request made under section 109(1). The request is treated as agreed for the purpose of section 111(3)(a)(i) when an allotment of approximately 250 square metres is offered (subsection (5)). The person’s name will then be removed from the waiting list. If the person is offered and accepts an allotment of other than approximately 250 square metres, the request is treated as agreed to for the purpose of section 111(3)(a)(i) and the person’s name will be removed from the list. Should a person be offered an allotment that is not approximately 250 square metres and rejects the offer the request is treated as not agreed and the person’s name remains on the waiting list (subsection (6)).