Australian Capital Territory Numbered Regulations

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PLANNING AND DEVELOPMENT REGULATION 2008 (NO 2 OF 2008) - REG 240

Concessional lease exclusions—Act, s 235 (1), def concessional lease, par (c) (v)

The following leases are prescribed:

        (a)     a residential lease;

Note     Residential lease —see the Act, s 234.

        (b)     a lease granted to a territory-owned corporation;

        (c)     a rental lease granted for commercial purposes after 1 January 1974 if the rent was paid out—

              (i)     in accordance with a law in force in the territory; or

              (ii)     by agreement between the Commonwealth or Territory and the lessee;

Note     Rental lease —see the Act, s 234.

        (d)     a lease (the individual lease ) granted for no consideration if—

              (i)     the individual lease is granted following the subdivision of a lease (the head lease ) held by the person to whom the individual lease is granted; and

              (ii)     the person has provided infrastructure on the land leased under the head lease.

Examples of commercial purposes—par (c)

1     industrial

2     business

Note     An example is part of the regulation , is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).



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