Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(1) A lessee may apply to the territory planning authority for a waiver of a noncompliance fee if the lessee is unable to complete the works required under the building and development provision for the lease because of any of the following reasons (an external reason ):
(a) road or traffic infrastructure to be provided by the Territory is not complete;
(b) a sewerage, electricity, water or gas service to be provided by the Territory is not installed or connected;
(c) a delay in obtaining statutory approval required for the works, other than a delay caused wholly or partly by—
(i) the lessee; or
(ii) a decision to refuse, or impose a condition on, a statutory approval required for the works.
Example—acceptable delay
a third party applies for review of a decision on a development application
Example—delay caused by lessee
a development application does not comply with all of the requirements in the Act
, s 166
(2) The application must be in writing and be accompanied by evidence of the external reason.