Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationssubstitute
Division 5.7.2 Applications for extension of time to commence or complete required works
202 Meaning of period of extension —div 5.7.2
(1) For this division, "period of extension", in relation to a lease with a building and development provision, means—
(a) the period of extension sought in an application for an extension of time in relation to the lease; or
(b) if 1 or more extensions of time have previously been approved in relation to the lease—the total of the period of extension sought in the application and the period of the previous extension or extensions (other than an extension of time mentioned in section 205, section 206 or section 207) for the lease.
Example
An extension for 1 year is approved and a later application for an extension for 2 years is made. The period of extension for the 2nd application is 3 years.
Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(2) If an application seeks extensions for 2 or more building and development provisions in a lease, only the longest of the extensions sought or granted under the application is to be counted in working out the period of extension under subsection (1).
203 Application for extension of time—general rule—Act, s 298A (5), def A , par (b)
(1) This section applies to an application for an extension of time in relation to a lease (other than an application to which section 204, section 205, section 206 or section 207 applies).
(2) The prescribed figure for the application is the figure mentioned in table 203, column 3 in relation to the period of extension mentioned in column 2.
Table 203 General rule
| 1 | Up to 1 year | 1 |
| 2 | More than 1 year and up to 2 years | 2 |
| 3 | More than 2 years and up to 3 years | 3 |
|
4 | More than 3 years and up to 4 years | 4 |
Note The Act, s 298A (5) defines A to be 5 if a lower figure is not prescribed.
204 Application for extension of time—hardship reason—Act, s 298A (5), def A , par (b)
(1) This section applies to an application for an extension of time in relation to a single dwelling house lease or a lease granted to a community organisation for community use (other than an application to which section 205 or section 206 applies) if the planning and land authority is satisfied that—
(a) a hardship reason applies in relation to the lessee; and
(b) the extension sought is necessary because of the hardship reason.
Note Single dwelling house lease means a lease granted under the Act, s 240 (1) (e) (see Act, s 234).
(2) The prescribed figure for the application is the figure mentioned in table 204, column 3 in relation to the period of extension mentioned in column 2.
Table 204 Hardship reasons
| 1 | Up to 2 years | 0 |
| 2 | More than 2 years and up to 3 years | 2 |
| 3 | More than 3 years and up to 4 years | 3 |
|
4 | More than 4 years | 4 |
(3) However, this section does not apply to an application for an extension of time in relation to a single dwelling house lease if the lessee—
(a) is the lessee of another lease; and
(b) has applied for, or been granted, an extension of time to commence or complete development in relation to that lease.
(4) In this section:
"hardship reason", in relation to a lessee, means—
(a) if the lessee is an individual—a reason mentioned in the Act, section 298 (2) (b) (i), (ii) or (iii); and
(b) in any other case—a reason mentioned in the Act, section 298 (2) (b) (ii) or (iii).
205 Application for extension of time—external reason—Act, s 298A (5), def A , par (b)
(1) This section applies to an application for an extension of time in relation to a lease if the planning and land authority is satisfied that—
(a) an external reason applies in relation to the lessee; and
(b) the extension sought is necessary because of the external reason.
(2) The prescribed figure for the application is 0.
(3) In this section:
"external reason"—each of the following is an external reason in relation to a lessee:
(a) the lessee is unable to commence or complete the works required under the building and development provision for the lease because—
(i) road or traffic infrastructure to be provided by the Territory is not complete; or
(ii) a sewerage, electricity, water or gas service to be provided by the Territory is not installed or connected;
(b) the lessee is unable to commence or complete the works required under the building and development provision for the lease because of a delay in obtaining a statutory approval required for the works, other than a delay caused in whole or part by—
(i) the lessee; or
(ii) a decision to refuse, or impose a condition on, a statutory approval required for the works.
206 Application for extension of time—lease transferred or assigned in special circumstances—Act, s 298A (5), def A , par (b)
(1) This section applies to an application for an extension of time in relation to a lease if—
(a) the lease was transferred or assigned in circumstances mentioned in subsection (3); and
(b) the extension sought is for a period that—
(i) starts on or after the day of the transfer or assignment; and
(ii) is not longer than the period allowed under the building and development provision when the lease was granted.
(2) The prescribed figure for the application is 0.
(3) For subsection (1) (a), the circumstances are that—
(a) the lessee has died; or
(b) the transfer or assignment is made under any of the following orders:
(i) an order of the Family Court;
(ii) an order of another court having jurisdiction under the Family Law Act 1975 (Cwlth);
(iii) an order under the Domestic Relationships Act 1994, division 3.2 adjusting the property interests of the parties in a domestic relationship; or
(c) the transfer or assignment happened by operation of, or under, bankruptcy or insolvency; or
(d) the transfer or assignment happened in the exercise by an authorised deposit taking institution or finance company of a power of sale under the Land Titles Act 1925 , section 94 that arose from a default in payment by the lessee.
207 Application for extension of time—certain leases granted before 31 March 2008—Act, s 298A (5), def A , par (b)
(1) This section applies to an application for an extension of time in relation to a lease (other than a single dwelling lease or a lease granted to a community organisation for community use) if—
(a) the lease was granted before 31 March 2008; and
(b) the planning and land authority is satisfied that the time for commencing or completing the works required under the building and development provision was not sufficient when the lease was granted; and
(c) the period of extension sought is—
(i) for an application to commence the required works—not more than 1 year after the end of the period allowed under the building and development provision when the lease was granted; or
(ii) for an application to complete the required works—not more than 2 years after the end of the period allowed under the building and development provision when the lease was granted.
(2) The prescribed figure for the application is 0.