LAND (PLANNING AND ENVIRONMENT) REGULATIONS (AMENDMENT) (NO. 7 OF 1997) - REG 8 8. After regulation 15 of the Principal Regulations the following Division is inserted:

Australian Capital Territory Numbered Regulations

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LAND (PLANNING AND ENVIRONMENT) REGULATIONS (AMENDMENT) (NO. 7 OF 1997) - REG 8

8. After regulation 15 of the Principal Regulations the following Division is inserted:

“ Division 3—Consolidation and subdivision

Interpretation

“15A. (1) In this Division—

‘added value', in relation to a consolidation or a subdivision, means the amount determined in accordance with the formula—

where and have the samerespective meanings in relation to the consolidation or subdivision as insubsections 187A (2) and (4) of the Act;

‘change of usecharge', in relation to a consolidation or subdivision, means the changeof use charge under subsection 187A (1) of the Act for that consolidation orsubdivision;
‘consolidated lease' means a lease granted in thecourse of a consolidation following the surrender of 2 or more previousleases;
‘further lease' means a lease granted under section 171,171A or 172 of the Act following the surrender of a previous lease over the sameland;
‘regranted lease' means a lease granted following thesurrender of a previous lease, as referred to in section 184 of theAct;
‘subdivided lease' means a lease granted in the course of asubdivision following the surrender of 1 or more previous leases.

“(2) Where—

(a) a number of leases are surrendered in the course of a subdivision or consolidation;

(b) the parcels of land over which such leases were granted are not of equal area; and

a reference in this Division to the lease over the largest such parcel is to be taken to be a reference to any of the leases over the equally large parcels referred to in paragraph (c).

Local Centre remission—s. 187C (1)

“15B. (1) Subject to subregulation (2), for the purposes of subsection 187C (1) of the Act, the Minister may remit the change of use charge for a consolidation or subdivision by an amount equal to 25% of the added value in relation to the consolidation or subdivision where—

(a) each lease to be surrendered is over land wholly within a Local Centre; and

(b) the Minister has made a declaration in relation to the consolidation or subdivision under regulation 15C.

“(2) If a change of use charge eligible for a remission under subregulation (1) is also subject to an increase under regulation 15E (Concessional lease increase—s. 187C (3)) or regulation 15F (Recently commenced lease increase—s. 187C (3)), the remission is to be off-set by that increase.

Local Centre declarations—consolidation and subdivision

“15C. (1) A lessee who is applying for a consolidation or subdivision of leases over land within a Local Centre may, for the purposes of that application, apply to the Minister in writing for a declaration—

(a) that the Local Centre is no longer viable as such a centre or that it will cease to be so viable within 3 years if the consolidation or subdivision is not effected in the manner proposed in the application; and

(b) that the Local Centre is unlikely to be developed if no remissions under subsection 187C (1) of the Act are allowed in respect of change of use charges for the consolidation or subdivision of leases over land within the Local Centre.

“(2) An application under subregulation (1) shall set out the grounds on which the applicant considers that the declaration should be made.

“(3) On receiving an application under subregulation (1) the Minister may, if satisfied that the circumstances specified in paragraphs (1) (a) and (b) exist in relation to the consolidation or subdivision, by writing make a declaration to that effect.

Commissioner for Housing remission—s. 187C (1)

“15D. (1) For the purposes of subsection 187C (1) of the Act, the Minister may remit a change of use charge for a consolidation or subdivision by an amount equal to 25% of the added value in relation to the consolidation or subdivision where—

(a) each lease to be surrendered is held by the Commissioner for Housing; and

(b) each lease to be surrendered was granted to the Commissioner for a term commencing on or before 16 December 1987.

“(2) This regulation does not apply in relation to a consolidation or subdivision if regulation 15B (Local Centre remission—s. 187C (1)) applies in relation to the consolidation or subdivision.

Concessional lease increase—s. 187C (3)

“15E. (1) This regulation applies in relation to a consolidation or subdivision where any of the leases to be surrendered in the course of the consolidation or subdivision is a concessional lease.

“(2) For the purposes of subsection 187C (3) of the Act, the Minister may increase the change of use charge for a consolidation or subdivision to which this regulation applies by an amount equal to 25% of that portion of the added value in relation to the consolidation or subdivision that is attributable to the surrender of the concessional lease or leases in the course of the consolidation or subdivision.

“(3) This regulation applies in relation to a consolidation or subdivision only if a lease is to be granted in the course of the consolidation or subdivision for a use other than a community use.

“(4) For the purposes of this regulation, subject to subregulation (5), the following leases are concessional leases:

(a) a lease granted for a consideration less than the full market value of the lease, whether any such consideration was paid as a lump sum for the grant or is payable under the lease as rent, and in relation to which neither of the following payments have been made to the Territory:

(i) a capital sum or sums in respect of its grant equal to the market value of the lease at the time of the payment, or at the time of the last such payment, as the case may be;

(ii) a capital sum or sums to reduce the rent payable under the lease to a nominal rent under section 186 of the Act;

except a further lease, a consolidated lease, a subdivided lease, a regranted lease, or a lease over land that, immediately prior to the grant of the lease, was owned, controlled or held by the Commissioner for Housing under the Housing Assistance Act 1987 ;

(b) a consolidated or subdivided concessional lease;

(d) a regranted concessional lease.

“(5) For the purposes of this regulation, a lease held by the Commissioner for Housing to which regulation 15D (Commissioner for Housing remission—s. 187C (1)) applies is not a concessional lease.

“(6) This regulation does not apply in relation to a consolidation or subdivision if—

(a) regulation 15F (Recently commenced lease increase—s. 187C (3)) applies in relation to the consolidation or subdivision; and

(b) the amount of the increase in the change of use charge otherwise payable under this regulation is less than the amount of such an increase payable under regulation 15F.

“(7) In this regulation—

‘consolidated or subdivided concessional lease' means a lease granted in the course of a consolidation or subdivision involving the surrender of 1 or more previous leases where—

(a) each surrendered lease was a concessional lease; or

(b) if more than 1 lease was surrendered, and any (but not all) of the surrendered leases was a concessional lease—

(i) the surrendered leases were not over parcels of land of equal area; and

(ii) the surrendered lease that was over the largest parcel of land was a concessional lease;

‘further concessional lease' means a further lease where the surrendered lease was a concessional lease;
‘regranted concessional lease' means a regranted lease where the surrendered lease was a concessional lease.

Recently commenced lease increase—s. 187C (3)

“15F. (1) This regulation applies in relation to a consolidation or subdivision where any of the leases to be surrendered is a recently commenced lease.

“(2) For the purposes of subsection 187C (3) of the Act, the Minister may increase the change of use charge for a consolidation or subdivision to which this regulation applies by an amount equal to 25% of that portion of the added value in relation to the consolidation or subdivision that is attributable to the surrender of the recently granted lease or leases in the course of the consolidation or subdivision.

“(3) For the purposes of this regulation, the following leases are recently commenced leases:

(a) a lease (other than a further lease, a consolidated lease, a subdivided lease, or a regranted lease) the term of which commenced 5 years or less before the date of the application for consolidation or subdivision;

(b) a further recently commenced lease;

(d) a recently regranted lease.

“(4) This regulation does not apply in relation to a consolidation or subdivision if—

(a) regulation 15E (Concessional lease increase—s. 187C (3)) applies in relation to the consolidation or subdivision; and

(b) the amount of the increase in the change of use charge otherwise payable under this regulation is less than or equal to the amount of such an increase payable under regulation 15E.

“(5) In this regulation—

‘consolidated or subdivided recently commenced lease' means a lease granted in the course of a consolidation or subdivision involving the surrender of 1 or more previous leases where—

(a) each surrendered lease was a recently commenced lease; or

(b) if more than 1 lease was surrendered, and any (but not all) of the surrendered leases was a recently commenced lease—

(i) if the surrendered leases were not over parcels of land of equal area—the surrendered lease that was over the largest parcel of land was a recently commenced lease; or

(ii) if all surrendered leases were over parcels of land of equal area—any surrendered lease was a recently commenced lease;

‘further recently commenced lease' means a further lease where the surrendered or expired lease was a recently commenced lease;
‘recently regranted lease' means a regranted lease where the surrendered lease was a recently commenced lease.”.

Repeal of Schedule 3

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