Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationsin part 5.7, insert
202 Application for extension of time to commence or complete building and development—Act, s 298A (5), def A , par (b)
(1) The prescribed figure is 1 if a hardship reason applies to 1 or more of the lessees (whether or not the lessees are individuals only).
(2) The prescribed figure is 3 if—
(a) subsection (1) does not apply; and
(b) the lessee is 1 or more individuals only; and
(c) none of the individuals has made an application under the Act, section 298A in relation to another lease within the 3-year period before the day the application is made.
(3) In this section:
"hardship reason", in relation to a lessee, means—
(a) a reason mentioned in the Act, section 298 (2) (b) (ii) or (iii); and
(b) for a lessee who is an individual—a reason mentioned in section 200.
203 Extension of time to complete building or development on hardship grounds—Act, s 298B (6), def prescribed period , par (b)
The period is 5 years if the planning and land authority is satisfied that—
(a) the applicant cannot comply with the building and development provision within the period stated in the lease (the original period ) because of a reason mentioned in the Act—
(A) if the lessee is an individual—section 298 (2) (b) (i), (ii) or (iii); and
(B) if the lessee is a corporation—section 298 (2) (b) (ii) and (iii); and
(b) the lessee is reasonably likely to be able to comply with the building and development provision by the end of the original period as extended by the period approved by the authority under the Act, section 298B.
Note Also, the planning and land authority may approve the extension only if satisfied on reasonable grounds that the extension for the period sought would not cause an unacceptable delay to another development or land release (see Act, s 298B (3)).