Australian Capital Territory Numbered Regulations

PLANNING AND DEVELOPMENT AMENDMENT REGULATION 2009 (NO 8) (NO 35 OF 2009) - REG 21

substitute

429F     Modification—s 298A (Application for extension of time to commence or complete building and development)

Section 298A applies as if subsections (3), (4) and (5) were omitted and the following subsections substituted:

    ‘(3)     The application must be accompanied by—

        (a)     the most recent assessment notice for rates for the land; and

        (b)     the amount, or the total of the amounts, (the required fee ), worked out using the following formula for each year, or part year, of the period of extension of time sought:

Example

Frank applies for an extension of time for 1 October 2009 to 31 December 2011 (2 years and 92 days). In Frank's case, the Planning and Development Regulation 2008 prescribes A in the above formula to be 1 for the 1st year, 2 for the 2nd year and 3 for the 3rd year of the period of extension. The fee is worked out using the following formula: [1 x 365/365 x B] + [2 x 365/365 x B] + [3 x 92/365 x B].

Note 1     The required fee may be waived under the Financial Management Act 1996 , s 131.

Note 2     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).

    (4)     However, if an extension (the earlier extension ) of time has been approved, in working out the required fee for a further extension—

        (a)     the formula for working out the required fee applies as if the period of extension included each earlier extension, other than—

              (i)     an earlier extension for which the required fee was waived under the Financial Management Act 1996 , section 131; or

              (ii)     an earlier extension prescribed by regulation; and

        (b)     the required fee is reduced by—

              (i)     the amount of the required fee paid for each earlier extension; and

              (ii)     if part of the required fee was waived under the Financial Management Act 1996 , section 131 for an earlier extension—the amount waived.

    (5)     In this section:

A is the figure, not more than 5, prescribed by regulation for the relevant year of the period of extension.

Note     Power to make a statutory instrument (including a regulation) includes power to make different provision for different categories (see Legislation Act, s 48).

B is the amount of rates payable in relation to the land under the Rates Act 2004 , for the financial year when the application is made.

"D "is the lesser of—

        (a)     365; and

        (b)     the number of days for which the extension is sought in the relevant year.

"period of extension" means—

        (a)     the period of extension applied for under subsection (2); or

        (b)     if an application seeks extensions for 2 or more building and development provisions in a lease—the longest of the extensions sought.'