Australian Capital Territory Numbered Regulations

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PLANNING (GENERAL) REGULATION 2023 (NO 20 OF 2023) - REG 49

Direct sale criteria for supportive accommodation—Act, s 266 (1) (a) (i)

    (1)     The criteria for the direct sale of a market value lease for supportive accommodation are—

        (a)     the proposed lessee is a community organisation; and

        (b)     if the proposed lessee requires an approval (however described) under a territory or Commonwealth law to provide the supportive accommodation to which the proposed use of the land relates—the proposed lessee holds the approval; and

        (c)     the proposed lessee meets the business-case criteria in relation to the proposed development; and

        (d)     the proposed use of the land—

              (i)     is consistent with the proposed lessee's constitution or rules; and

              (ii)     will promote any ACT or Commonwealth government policies in relation to supportive accommodation; or

              (iii)     will meet a need for additional supportive accommodation in the ACT.

    (2)     For subsection (1) (c), the proposed lessee must provide the business-case documentation for the proposed development.

    (3)     For subsection (1) (d) (ii), the proposed lessee must provide details of how the development and use of the land will meet any relevant ACT or Commonwealth government policies applicable to the proposed use of the land, including written evidence of the following:

        (a)     the support of any ACT or Commonwealth government agency responsible for implementing policy in relation to the land use;

        (b)     if the person is eligible for funding by an ACT or Commonwealth government agency—the person's eligibility.



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