Australian Capital Territory Numbered Regulations

PLANNING (GENERAL) REGULATION 2023 (NO 20 OF 2023) - REG 73

    (1)     In this division:

"recently commenced lease", in relation to the variation of a lease, means—

        (a)     a lease that commenced not more than 5 years before the application for the variation is made; or

        (b)     a further lease granted under the Act

, section 289 following the surrender of a lease that commenced not more than 5 years before the application for the variation is made; or

        (c)     a lease regranted following the surrender of a lease if—

              (i)     the regranted lease includes all or part of the land described in the surrendered lease and is not in a future urban area; and

              (ii)     the surrendered lease commenced not more than 5 years before the application for the variation is made; or

        (d)     a market value lease granted following the surrender of a concessional lease if—

              (i)     the market value lease is granted to the same lessee as the surrendered lease; and

              (ii)     the surrendered lease commenced not more than 5 years before the application for the variation is made; or

        (e)     a lease granted following the surrender of 2 or more leases of the same size if any of the leases commenced not more than 5 years before the application for the variation is made; or

        (f)     a lease granted following the surrender of 2 or more leases of at least 2 different sizes if the largest lease commenced not more than 5 years before the application for the variation is made.

    (2)     In this section:

"largest lease", of the surrendered leases, means the lease, or any of the leases, with the largest area.

"regrant", of a surrendered lease, means the grant of a new lease, subject to different provisions, to the same lessee as the surrendered lease.