Australian Capital Territory Numbered Regulations

LAND (PLANNING AND ENVIRONMENT) REGULATIONS(AMENDMENT) (NO. 53 OF 1993) - REG 5

5. Regulation 14 of the Principal Regulations is amended—

    (a)     by omitting paragraph (b) of the definition of “prescribed lease” in subregulation (1) and substituting the following paragraph:

    “(b)     that is classified under this regulation as—

              (i)     a special residential lease;

              (ii)     a concessional lease; or

              (iii)     a free of charge lease.”;

    (b)     by omitting paragraph (3) (a) and substituting the following paragraph:

    “(a)     a lease shall be classified as a special residential lease—

              (i)     where the lease was granted for commercial purposes and the variation would enable the land comprised in the lease, or part of that land, to be used for residential purposes; or

              (ii)     where the lease was granted for residential purposes and the variation would enable the land comprised in the lease to be used for higher density residential purposes;”;

    (c)     by omitting from paragraph (3) (b) “charge grant” and substituting “lease”;

    (d)     by omitting from paragraph (3) (c) “grant free of charge” and substituting “free of charge lease”;

    (e)     by omitting subregulations (4) to (9) (inclusive) and substituting the following subregulations:

“(4) For the purpose of determining the applicable remission rate under paragraph (2) (b), a prescribed lease that is classified as both—

        (a)     a concessional lease and a special residential lease shall be taken to be classified only as a concessional lease; or

        (b)     a free of charge lease and another kind of lease shall be taken to be classified only as a free of charge lease.

“(5) For the purpose of determining the period since the grant of a prescribed lease which amalgamated 2 or more prior leases, the relevant period shall be taken to have commenced—

        (a)     where the amalgamated leases were granted in respect of parcels of land of different areas—on the date of the grant of the larger or largest of the amalgamated leases; or

        (b)     where the amalgamated leases were granted in respect of parcels of land having the same area—on the date of the grant of whichever of the amalgamated leases would, if varied separately, have attracted the greater or greatest remission rate.

“(6) Where a prescribed lease amalgamated 2 or more prior leases, the prescribed lease shall be taken to have the same classification—

        (a)     where the amalgamated leases were granted in respect of parcels of land of different areas—as the larger or largest of the amalgamated leases; or

        (b)     where the amalgamated leases were granted in respect of parcels of land having the same area—as whichever of the amalgamated leases would, if varied separately, have attracted the greater or greatest remission rate.”; and

    (f)     by omitting from subregulation (10) “, other than a lease referred to in subregulation (4),”.

Schedule 3