Australian Capital Territory Numbered Acts

PLANNING AND DEVELOPMENT (LEASE VARIATION CHARGES) AMENDMENT ACT 2011 (NO. 19 OF 2011) - SECT 12

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Chapter 17     Transitional—Planning and Development (Lease Variation Charges) Amendment Act 2011

471     Transitional—application for development approval of variation of nominal rent lease

    (1)     This section applies in relation to a development application if—

        (a)     the application is made before 1 July 2011; and

        (b)     the application includes an application to vary a nominal rent lease; and

        (c)     immediately before 1 July 2011—

              (i)     division 9.6.3 (Variation of nominal rent leases) applied to the variation; and

              (ii)     the planning and land authority had not worked out the change of use charge for the variation.

    (2)     Division 9.6.3 continues to apply to the variation as if the Planning and Development (Lease Variation Charges) Amendment Act 2011 had not commenced.

    (3)     However, if before 1 October 2011, the applicant gives the commissioner for revenue notice in writing that it wishes to have the variation dealt with as if the development application had been made after 1 July 2011, the development application is taken to have been made after 1 July 2011.

Note     If a form is approved under s 425 for this provision, the form must be used.

472     Expiry—ch 17

This part expires 1 July 2012.