Australian Capital Territory Numbered Regulations

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PLANNING (GENERAL) REGULATION 2023 (NO 20 OF 2023) - REG 102

Application for waiver for lease transferred or assigned in special circumstances—Act, s 374 (4)

    (1)     A lessee, or if the lessee has died, the lessee's estate, may apply to the territory planning authority for a waiver of a noncompliance fee if the lease was transferred or assigned in any of the following circumstances (a special circumstance ):

        (a)     the lessee has died;

        (b)     the transfer or assignment is made under any of the following orders:

              (i)     an order of the Family Court;

              (ii)     an order of another court having jurisdiction under the Family Law Act 1975

(Cwth);

              (iii)     an order under the Domestic Relationships Act 1994

, division 3.2 adjusting the property interests of the parties in a domestic relationship;

        (c)     the transfer or assignment happened by operation of, or under, bankruptcy or insolvency;

        (d)     the transfer or assignment happened in the exercise by an ADI or finance company of a power of sale under the Land Titles Act 1925

, section 94 that arose from a default in payment by the lessee.

    (2)     The application must be in writing and be accompanied by evidence of the special circumstance.



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