Australian Capital Territory Numbered Regulations

PLANNING AND DEVELOPMENT REGULATION 2008 (NO 2 OF 2008) - REG 175

    (1)     The planning and land authority must remit all or part of a change of use charge for a variation of a lease in the following circumstances:

        (a)     the variation of the lease is necessary and desirable to—

              (i)     promote development in an area; or

              (ii)     change the purposes for which land or buildings, or parts of land or buildings, in an area may be used; or

              (iii)     promote the construction of well designed or constructed housing; or

              (iv)     promote the construction of attached houses, apartments or 2 or more detached houses on a single lease; or

              (v)     promote the construction of housing that is suitable for frail or disabled people; or

              (vi)     provide land for the exclusive use of a community organisation; or

              (vii)     assist occupiers of premises affected by the Smoking (Prohibition in Enclosed Public Places) Act 2003 , part 2 (Smoking prohibited in enclosed public places) to provide additional facilities at the premises;

        (b)     a circumstance stated in a policy direction.

    (2)     The amount of the change of use charge to be remitted is—

        (a)     if a policy direction applies to the circumstance—the amount worked out in accordance with the policy direction; or

        (b)     in any other case—the amount (if any) that the planning and land authority decides is appropriate in the circumstances.

    (3)     Subsection (1) (a) (vii) applies only if the application for a variation of the lease is made before 1 December 2009.

    (4)     In this section:

"policy direction" means a policy direction under section 177.

    (5)     Subsection (1) (a) (vii), subsection (3) and this subsection expire on 1 December 2010.