(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.