2011
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Treasurer)
Planning and Development (Lease Variation Charges) Amendment Bill 2011

Contents
	Page

Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Part 2	Planning and Development Act 2007
	4	Consideration of development proposals
New section 138 (4) (da)	3
	5	New section 138 (6) (ba)	3
	6	Form of development applications
Section 139 (2) (g)	3
	7	Section 139 (4), new definition of s 277 chargeable variation	4
	8	Definitions—ch 9 Section 234, definition of residential lease	4
	9	Working out amount payable to discharge concessional leases
Section 263 (2), note	4
	10	Division 9.6.3	4
	11	New chapter 17	20
	12	Schedule 1, items 27 to 29	21
	13	Dictionary, new definition of accredited valuer	21
	14	Dictionary, definition of change of use charge	21
	15	Dictionary, new definitions	22
	16	Dictionary, definition of original decision	22
	17	Dictionary, new definition of prescribed chargeable variation	22
	18	Dictionary, definition of reconsideration application	23
	19	Dictionary, new definitions of s 277 chargeable variation and working out statement	23
Part 3	Planning and Development Regulation 2008
	20	Part 5.5 heading	24
	21	New divisions 5.5.1A and 5.5.1B	24
	22	Division 5.5.2 heading	26
	23	Section 175	26
	24	Section 176	26
	25	Section 177	27
	26	Division 5.5.3 heading	27
	27	Sections 181 and 182	27
	28	Dictionary, note 3	27
	29	Dictionary, note 3	27
	30	Dictionary, definition of added value	27
	31	Dictionary, definition of recently commenced lease	28
Schedule 1	Other amendments	29
Part 1.1	Taxation Administration Act 1999	29
Part 1.2	Unit Titles Act 2001	29

2011
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Treasurer)
Planning and Development (Lease Variation Charges) Amendment Bill 2011

A Bill for
An Act to amend the Planning and Development Act 2007, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1	Preliminary
1	Name of Act
This Act is the Planning and Development (Lease Variation Charges) Amendment Act 2011.
2	Commencement
This Act commences on 1 July 2011.
Note 	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Planning and Development Act 2007 and the Planning and Development Regulation 2008.
Note	This Act also amends the following legislation (see sch 1):
·	Taxation Administration Act 1999
·	Unit Titles Act 2001.

Part 2	Planning and Development Act 2007
4	Consideration of development proposals
New section 138 (4) (da)
insert
	(da)	if the development proposal relates to a variation of a nominal rent lease—
	(i)	whether a lease variation charge is payable under division 9.6.3 (Variation of nominal rent leases) in relation to the variation; and
	(ii)	if asked by the proponent—what the charge is likely to be and how the authority has worked out the charge; 
5	New section 138 (6) (ba)
insert
	(ba)	for subsection (4) (da)—the development proposal that is approved is different from the proposal in relation to which the advice was given; or
6	Form of development applications
Section 139 (2) (g)
substitute
	(g)	if the application is for approval of a s 277 chargeable variation of a nominal rent lease—be accompanied by a valuation by an accredited valuer that works out the amounts represented by V1 and V2 in section 277; and
7	Section 139 (4), new definition of s 277 chargeable variation
insert
s 277 chargeable variation—see section 276.
8	Definitions—ch 9
Section 234, definition of residential lease 
substitute
residential lease means a lease that authorises only residential use of the land comprised in the lease. 
9	Working out amount payable to discharge concessional leases
Section 263 (2), note
substitute
Note	If the variation of the lease is not solely for the purpose of removing the lease’s concessional status, a person may also be required to pay a lease variation charge under div 9.6.3. 
10	Division 9.6.3
substitute
Division 9.6.3	Variation of nominal rent leases
Note 1	This division is a tax law under the Taxation Administration Act 1999.  As a tax law, this division is subject to provisions of the Taxation Administration Act 1999 about the administration and enforcement of tax laws generally.
Note 2	The commissioner for revenue may delegate the commissioner’s functions under this division to the planning and land authority (see Taxation Administration Act 1999, s 78).
276	Definitions—div 9.6.3
In this division:
chargeable variation, of a nominal rent lease, means a variation of the lease other than—
	(a)	a variation, if—
	(i)	the only effect of the variation is to alter a common boundary between 2 or more adjoining leases; and
	(ii)	the authorised use of the land comprised in each adjoining lease (however described) is the same; and
	(iii)	none of the adjoining leases is a rural lease; or
	(b)	a variation if the only effect of the variation is to remove the lease’s concessional status; or 
	(c)	a variation prescribed by regulation.
Note 	Variation, of a lease—see the dictionary.
LVC determination means a determination made under section 276D (Lease variation charges—LVC determination).
original decision—see section 277B (1) (b) (Lease variation charge under s 277—working out statement).
prescribed chargeable variation means a chargeable variation prescribed by regulation.
reconsideration application—see section 277C (5) (Lease variation charge under s 277—application for reconsideration).
s 277 chargeable variation means—
	(a)	a chargeable variation that is not a prescribed chargeable variation; or
	(b)	a prescribed chargeable variation if no lease variation charge is determined in an LVC determination for the variation.
working out statement—see section 277B (2) (Lease variation charge under s 277—working out statement).
276A	Chargeable variation of nominal rent lease—lease variation charge
	(1)	The planning and land authority must not execute a chargeable variation of a nominal rent lease unless the lessee has paid the Territory the lease variation charge for the variation, less any remission under section 278, plus any increase under section 279.
Note	If the planning and land authority has executed a variation of a nominal rent lease, the authority must lodge a copy of the variation with the registrar‑general for registration.  A lease variation takes effect on registration (see Land Titles Act 1925, s 72A).
	(2)	A lease variation charge is taken to be paid to the Territory if—
	(a)	the amount of the charge is waived by the Treasurer under the Financial Management Act 1996, section 131 (Waiver of debts etc); or
	(b)	part of the amount is waived and the rest of the amount is paid.
	(3)	Payment of the lease variation charge does not affect any right a person may have to apply for reconsideration under section 277D (Lease variation charge under s 277—requirements for reconsideration application).
276B	Lease variation charges—amount payable
	(1)	The lease variation charge for a chargeable variation of a nominal rent lease is—
	(a)	for a prescribed chargeable variation for which a charge is determined in an LVC determination—the determined charge for the variation; or
	(b)	for a s 277 chargeable variation—the charge (if any) worked out under section 277 for the variation.
	(2)	If a development approval of a development application relates to more than 1 chargeable variation of a nominal rent lease, the lease variation charge is worked out as follows:
	(a)	if all the chargeable variations are prescribed chargeable variations for which a charge is determined in an LVC determination—in accordance with the LVC determination; 
	(b)	if all the chargeable variations are s 277 chargeable variations—in accordance with section 277; 
	(c)	if 1 or more are a kind of variation mentioned in paragraph (a) and 1 or more are a kind of variation mentioned in paragraph (b)—as prescribed by regulation.
276C	Lease variation charges—notice of assessment
	(1)	On approval of a development application for a chargeable variation, the commissioner for revenue must give—
	(a)	a notice of assessment of the lease variation charge to the lessee; and
	(b)	if the development application in relation to the chargeable variation is made by someone other than the lessee—a copy of the notice to the applicant.
Note 1  	The notice of assessment is an assessment under the Taxation Administration Act 1999 as if the lease variation charge were a tax payable by the lessee under that Act (see this Act, s 279B (1)).  However, no actual liability to pay the lease variation charge arises on the giving of the notice (see s 279B (2)).  The planning and land authority must not execute a variation of the lease unless the lessee has paid the assessed lease variation charge (see s 276A (1)). 
Note 2	The commissioner for revenue must give a notice of assessment as soon as possible after the development application for the chargeable variation has been approved (see Legislation Act, s 151B).
	(2)	A lease variation charge is taken to be worked out—
	(a)	on the day the development approval of the chargeable variation is approved; or
	(b)	if another day is prescribed by regulation—on that day.
	(3)	A notice of assessment lapses on the earlier of—
	(a)	the day the lease variation charge is paid; or
	(b)	the day the development approval of the chargeable variation lapses.
276D	Lease variation charges—LVC determination
	(1)	The Treasurer may determine a lease variation charge for a prescribed chargeable variation.
Note 1	The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
Note 2	Power to make a statutory instrument (including a determination) includes the power to make different provision for different categories (see Legislation Act, s 48).
	(2)	A determination must be made in accordance with any guidelines approved under section 276E.
	(3)	If the Treasurer determines a lease variation charge for a prescribed chargeable variation, the Treasurer may determine a new lease variation charge. 
	(4)	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified under the Legislation Act.
276E	Lease variation charges—guidelines for LVC determination
	(1)	The Treasurer may approve guidelines for—
	(a)	how lease variation charges in the LVC determination must be determined; and
	(b)	how the LVC determination is prepared, including who the Treasurer may or must consult; and
	(c)	what must be included in the LVC determination.
Example—par (a)
valuation methods and assumptions 
Note	An example is part of the Act, 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)	A guideline is a disallowable instrument.
Note	A disallowable instrument must be notified under the Legislation Act.
277	Lease variation charges—s 277 chargeable variations
	(1)	The commissioner for revenue works out the lease variation charge for a s 277 chargeable variation of a nominal rent lease as follows:

75%

)

V

–

(V

LVC

2

1

´

=

	(2)	In this section:
LVC means the lease variation charge payable for the s 277 chargeable variation of the lease.
V1—
	(a)	for a variation other than a consolidation or subdivision, means the capital sum that the lease might be expected to realise if—
	(i)	the lease were varied as proposed; and
	(ii)	the lease were genuinely offered for sale immediately after the variation on the reasonable terms and conditions that a genuine seller would require; and
	(iii)	the rent payable throughout the term of the lease or, for a variation that involves the surrender of a lease and issue of a new lease, the new lease, were a nominal rent; or
	(b)	for a variation that is a consolidation or subdivision, means the capital sum that the new lease or leases to be granted under the consolidation or subdivision might be expected to realise if—
	(i)	the consolidation or subdivision were to take place as proposed; and
	(ii)	the new lease or leases were genuinely offered for sale immediately after the variation on the reasonable terms and conditions that a genuine seller would require; and
	(iii)	the rent payable throughout the term of the new lease or leases were a nominal rent.
V2—
	(a)	for a variation other than a consolidation or subdivision, means the capital sum that the lease might be expected to realise if—
	(i)	the lease were not varied during the remainder of its term; and
	(ii)	the lease were genuinely offered for sale immediately before the variation on the reasonable terms and conditions that a genuine seller would require; and
	(iii)	the rent payable throughout the term of the lease, or lease to be surrendered, were a nominal rent; or
	(b)	for a variation that is a consolidation or subdivision, means the capital sum that the lease or leases to be surrendered under the consolidation or subdivision might be expected to realise if—
	(i)	no consolidation or subdivision were to take place during the remainder of the term of the surrendered lease or leases; and
	(ii)	the lease or leases were genuinely offered for sale immediately before the consolidation or subdivision on the reasonable terms and conditions that a genuine seller would require; and
	(iii)	the rent payable throughout the term of the lease or leases to be surrendered were a nominal rent.
	(3)	If the amount worked out as V1 is equal to or less than the amount worked out as V2, no lease variation charge is payable.
	(4)	If the development approval for the relevant development application relates to 2 or more s 277 chargeable variations, V1 and LVC are worked out as if the s 277 chargeable variations were a single s 277 chargeable variation of the lease. 
277A	Lease variation charge under s 277—improvements
	(1)	In working out V1 and V2 under section 277, an improvement in relation to the land comprised in the lease must not be taken into account.
Note 	Power to make a regulation in relation to a matter includes power to make provision in relation to a class of a matter (see Legislation Act, s 48 (2)).
	(2)	However, an improvement may be taken into account if—
	(a)	for V1 and V2—it is prescribed by regulation; and
	(b)	for V2—it is an improvement by way of clearing, filling, grading, draining, levelling or excavating the land.
	(3)	A regulation may prescribe the percentage value of an improvement mentioned in subsection (2) that may be taken into account.
	(4)	In this section:
improvement, in relation to land, means an existing or proposed improvement and includes any of the following:
	(a)	a building or structure on or under the land; 
	(b)	an alteration or demolition of an existing building or structure on or under the land; 
	(c)	the remediation of the land; 
	(d)	earthworks, planting or other work that affects the landscape of the land; 
	(e)	anything prescribed by regulation;
	(f)	anything mentioned in paragraphs (a) to (e) that is required—
	(i)	as a condition of a development approval; or
	(ii)	by a statutory approval obtained or required for a development proposal; or
	(iii)	under an agreement between the Territory or a territory entity and—
	(A)	the lessee; or
	(B)	if the lessee is not the applicant for the development approval—the applicant. 
remediation—see the Environment Protection Act 1997, dictionary.
277B	Lease variation charge under s 277—working out statement
	(1)	This section applies if—
	(a)	a development application in relation to a s 277 chargeable variation of a nominal rent lease is approved; and
	(b)	the lease variation charge in relation to the s 277 chargeable variation has been worked out (the original decision); and
	(c)	the commissioner for revenue gives a notice of assessment of a lease variation charge under section 276C (1); and
	(d)	an application has not previously been made under section 277C for reconsideration of the original decision.
	(2)	The applicant may ask the commissioner for revenue for a statement (a working out statement) explaining the commissioner’s working out of the original decision.
Note	If a form is approved under s 425 for this provision, the form must be used.
	(3)	The commissioner for revenue must give the applicant a working out statement within 20 working days after the day the applicant asks for the statement unless—
	(a)	the notice of assessment contains the matters that the working out statement would contain; or
	(b)	a document that contains the matters that a working out statement would contain has already been given to the applicant.
277C	Lease variation charge under s 277—application for reconsideration
	(1)	The applicant for the development application may apply for reconsideration of the original decision on the earlier of—
	(a)	the day the applicant receives a working out statement; and
	(b)	the end of the 20-working day period mentioned in section 277B (3).
	(2)	If a development approval of a development application relates to more than 1 chargeable variation of a nominal rent lease, this section only applies to the part of the lease variation charge that is worked out for a s 277 chargeable variation.
Note 	The total lease variation charge for a development application that relates to more than 1 chargeable variation is worked out in accordance with s 276B (2).   
	(3)	This section does not apply to a reassessment of a lease variation charge under section 279A.
	(4)	If the applicant for the development application is not the lessee, the lessee may apply for reconsideration under this section instead of the applicant.
	(5)	An application for reconsideration of the original decision (the reconsideration application) must be made not later than—
	(a)	the later of—
	(i)	80 working days after the day the notice of assessment under section 276C (1) is given; and
	(ii)	if a later day is prescribed by regulation—that day; or
	(b)	any longer period allowed by the commissioner for revenue.
Note	The commissioner for revenue may extend the period after the end of the period being extended (see Legislation Act, s 151C (3)).
277D	Lease variation charge under s 277—requirements for reconsideration application
	(1)	The reconsideration application must be in writing and signed by—
	(a)	the lessee; and
	(b)	if the application is made by the applicant for the development application who is not the lessee—the applicant.
	(2)	Also, the reconsideration application must—
	(a)	set out the grounds on which reconsideration of the original decision is sought; and
	(b)	in relation to the original decision—include an independent valuation that works out the amounts represented by V1 and V2 in section 277; and
	(c)	if the commissioner for revenue gives the applicant a working out statement before the end of the 20‑working day period mentioned in section 277B (3)—include the statement. 
	(3)	If subsection (2) (c) applies, the applicant for the reconsideration must give the valuer for the independent valuation the commissioner for revenue’s working out statement.
	(4)	The independent valuation must be prepared by an accredited valuer who—
	(a)	was not involved in working out or advising on the original decision; and
	(b)	is—
	(i)	agreed to by the applicant for the reconsideration and the commissioner for revenue; or
	(ii)	if the applicant and the commissioner cannot agree—appointed in writing by a person prescribed by regulation; and
	(c)	satisfies any requirement prescribed by regulation.
	(5)	The applicant for the reconsideration is responsible for the cost of the independent valuation.
277E	Lease variation charge under s 277—reconsideration
	(1)	Within 20 working days after receiving a reconsideration application, the commissioner for revenue must—
	(a)	reconsider the original decision; and
	(b)	either—
	(i)	make a decision in substitution for the original decision that the commissioner could have made; or
	(ii)	confirm the original decision.
	(2)	The 20‑working day period mentioned in subsection (1) may be extended for a stated period by agreement between the commissioner for revenue and the applicant for the reconsideration.
	(3)	In reconsidering the original decision, the commissioner for revenue—
	(a)	must consider the independent valuation required under section 277D (2) (b) and any other information given in the reconsideration application; and
	(b)	may consider any other relevant information.
	(4)	The commissioner for revenue must ensure that, if the original decision is made by the commissioner or a person on the commissioner’s behalf (the original decision‑maker), someone other than the original decision-maker reconsiders the decision.
277F	Lease variation charge under s 277—no action by commissioner within time
If the commissioner for revenue does not make a substitute decision, or confirm the original decision, by the end of the 20‑working day period mentioned in section 277E (1), or the period as extended by agreement under section 277E (2), the commissioner is taken to have confirmed the original decision.
277G	Lease variation charge under s 277—notice of decisions on reconsideration
The commissioner for revenue must give written notice of the decision on the reconsideration to—
	(a)	the lessee; and
	(b)	if the application is made by the applicant for the development application who is not the lessee—the applicant.
Note 	The notice must be a reviewable decision notice (see s 408 (2)).
278	When commissioner must remit lease variation charge
	(1)	The commissioner for revenue must remit all or part of a lease variation charge for a chargeable variation of a nominal rent lease as prescribed by regulation.
	(2)	A regulation may prescribe the amount to be remitted under subsection (1).
279	When commissioner must increase lease variation charge
	(1)	The commissioner for revenue must increase a lease variation charge for a chargeable variation of a nominal rent lease as prescribed by regulation.
	(2)	A regulation may prescribe the amount of the increase under subsection (1).
279A	Lease variation charge—reassessment
	(1)	This section applies if—
	(a)	a development application for approval of a chargeable variation of a nominal rent lease is approved; and
	(b)	the commissioner for revenue gives a notice of assessment of a lease variation charge under section 276C (1); and
	(c)	the planning and land authority executes a variation of the lease to which the lease variation charge relates.
	(2)	The commissioner for revenue may reassess the lease variation charge under the Taxation Administration Act 1999, section 9 (Reassessment).
	(3)	The commissioner for revenue must give—
	(a)	a notice of assessment of the lease variation charge to the lessee; and
	(b)	if the development application in relation to the chargeable variation is made by someone other than the lessee—a copy of the notice to the applicant.
Note 	The assessment notice must show the amount of the reassessment and the amount by which the assessment has been increased or decreased (see Taxation Administration Act 1999, s 14 (3)).
	(4)	For this division, the Taxation Administration Act 1999, part 10 (Objections and reviews) applies only to a reassessment of a lease variation charge under this section.
Note 1	Either the lessee or, if the lessee is not the applicant for the development approval, the applicant for the development approval, may apply under this Act for reconsideration of a notice of an assessment of a lease variation charge worked out under s 277 (see s 277D).
Note 2	A notice of a reassessed lease variation charge is an internally reviewable decision (see Taxation Administration Act 1999, s 107, def internally reviewable decision), and the notice of assessment must be an internal review notice (see that Act, s 107B).
279B	Application of Taxation Administration Act
	(1)	The Taxation Administration Act 1999 applies to this division as if a lease variation charge for a chargeable variation were a tax payable from the day the development application in relation to the chargeable variation is approved. 
	(2)	For this division, a tax liability in relation to a chargeable variation only arises if the planning and land authority executes a variation of the lease to which the chargeable variation relates.
Note	The planning and land authority must not execute a variation of a nominal rent lease unless the lessee has paid the lease variation charge worked out under s 276A, less any remission under s 278, plus any increase under s 279 (see s 267A (1)).
279C	Taxation Administration Act—disclosure of information
For the Taxation Administration Act 1999, division 9.4 (Secrecy), a tax officer under that Act may disclose information obtained under or in relation to the administration of this division to the planning and land authority or a person authorised by the authority to receive the information.
11	New chapter 17
insert
Chapter 17	Transitional—Planning and Development (Lease Variation Charges) Amendment Act 2011
471	Transitional—application for development approval of variation of nominal rent lease
	(1)	This section applies in relation to a development application if—
	(a)	the application is made before 1 July 2011; and
	(b)	the application includes an application to vary a nominal rent lease; and 
	(c)	immediately before 1 July 2011—
	(i)	division 9.6.3 (Variation of nominal rent leases) applied to the variation; and
	(ii)	the planning and land authority had not worked out the change of use charge for the variation.
	(2)	Division 9.6.3 continues to apply to the variation as if the Planning and Development (Lease Variation Charges) Amendment Act 2011 had not commenced.
	(3)	However, if before 1 October 2011, the applicant gives the commissioner for revenue notice in writing that it wishes to have the variation dealt with as if the development application had been made after 1 July 2011, the development application is taken to have been made after 1 July 2011. 
Note	If a form is approved under s 425 for this provision, the form must be used.
472	Expiry—ch 17
This part expires 1 July 2012.
12	Schedule 1, items 27 to 29
substitute
27	decision under s 277E (1) (b) (i) on reconsideration about amount of lease variation charge for variation of lease	commissioner for revenue	applicant for the reconsideration		
28	decision under s 277E (1) (b) (ii) to confirm original decision on reconsideration about amount of lease variation charge for variation of lease	commissioner for revenue	applicant for the reconsideration		
29	decision under s 278 about amount of remission of lease variation charge other than a decision prescribed by regulation	commissioner for revenue	applicant for development approval of chargeable variation		
29A	decision under s 279 about amount of an increase of lease variation charge other than a decision prescribed by regulation	commissioner for revenue	applicant for development approval of chargeable variation	
	
13	Dictionary, new definition of accredited valuer
insert
accredited valuer means a valuer accredited by—
	(a)	the Australian Property Institute Incorporated ABN 49 007 505 866; or 
	(b)	if another entity is prescribed by regulation—that entity.
14	Dictionary, definition of change of use charge
omit
15	Dictionary, new definitions 
insert
chargeable variation, of a nominal rent lease, for division 9.6.3 (Variation of nominal rent leases)—see section 276. 
lease variation charge, for a variation of a nominal rent lease, means the lease variation charge applying under section 276B. 
LVC determination, for division 9.6.3 (Variation of nominal rent leases)—see section 276.
16	Dictionary, definition of original decision 
substitute
original decision—
	(a)	for division 7.3.10 (Reconsideration of decisions on development applications)—see section 191 (1) (a); and
	(b)	for division 9.6.3 (Variation of nominal rent leases)—see section 277B (1) (b).
17	Dictionary, new definition of prescribed chargeable variation 
insert
prescribed chargeable variation, of a nominal rent lease, for division 9.6.3 (Variation of nominal rent leases)—see section 276.
18	Dictionary, definition of reconsideration application
substitute
reconsideration application—
	(a)	for division 7.3.10 (Reconsideration of decisions on development applications)—see section 191 (3); and
	(b)	for division 9.6.3 (Variation of nominal rent leases)—see section 277C (5).
19	Dictionary, new definitions of s 277 chargeable variation and working out statement
insert
s 277 chargeable variation, of a nominal rent lease, for division 9.6.3 (Variation of nominal rent leases)—see section 276.
working out statement, for division 9.6.3 (Variation of nominal rent leases)—see section 277B (2).

Part 3	Planning and Development Regulation 2008
20	Part 5.5 heading
substitute
Part 5.5	Lease variation charges
21	New divisions 5.5.1A and 5.5.1B
insert
Division 5.5.1A	Chargeable variations
171	Exempt variations—Act, s 276, def chargeable variation, par (c)
A variation of a holding lease is prescribed.
172	Prescribed chargeable variations—Act, s 276, def prescribed chargeable variation
	(1)	The following chargeable variations are prescribed:
	(a)	if a development application relates to the chargeable variation of only 1 residential lease—a variation to increase the number of dwellings permitted on the land under the lease; 
Example
a variation of a nominal rent lease to increase the maximum number of 20 residential units permitted on the land under the lease to 40 units
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).
	(b)	if a development application relates to the chargeable variation of only 1 residential lease—a variation to limit the number of dwellings permitted on the land under the lease;
Example
A lease permits land to be used for residential purposes but does not state any limit on the number of permitted residences on the land. The lessee proposes to subdivide the land under the Unit Titles Act 2001.  That Act, s 20 (2A) does not allow the lease to be subdivided unless the lease provides for the number of dwellings on the land. The lessee must vary the lease to limit the number of dwellings permitted on the land before subdividing the land.
	(c)	if a development application relates to the chargeable variation of only 1 non-residential lease—a chargeable variation of the lease that—
	(i)	increases the maximum gross floor area of any building or structure permitted for non-residential use on the land under the lease; or
	(ii)	has the effect of increasing the maximum gross floor area of any building or structure permitted for non-residential use on the land under the lease; or
	(iii)	increases or limits the number of dwellings permitted on the land under the lease;
	(d)	the consolidation of 2 or more nominal rent leases;
	(e)	the subdivision of 1 or more nominal rent leases.
Note 1	Gross floor area—see the territory plan (13 Definitions).
Note 2	If a chargeable variation is not a prescribed chargeable variation the lease variation charge is worked out under the Act, s 277 (see Act, s 276B).
	(2)	In this section:
non-residential lease means a lease other than a residential lease. 
Division 5.5.1B	Independent valuation of s 277 lease variation charge
174	Appointment of independent valuer—Act, s 277D (4) (b) (ii)
The president of the ACT division of the Australian Property Institute Incorporated ABN 49 007 505 866 is prescribed.
175	Requirements for independent valuer—Act, s 277D (4) (c)
A valuer preparing an independent valuation must be a current member of the Australian Property Institute Incorporated ABN 49 007 505 866.
22	Division 5.5.2 heading 
omit
change of use 
substitute
lease variation
23	Section 175 
omit
24	Section 176
omit
change of use 
substitute
lease variation
25	Section 177
omit
26	Division 5.5.3 heading
omit
change of use 
substitute
lease variation
27	Sections 181 and 182
omit
change of use 
substitute
lease variation
28	Dictionary, note 3
omit
·	change of use charge
29	Dictionary, note 3
insert
·	lease variation charge
·	LVC determination
30	Dictionary, definition of added value
substitute
added value, for the variation of a nominal rent lease, for part 5.5 (Lease variation charges)—see section 170.
31	Dictionary, definition of recently commenced lease
omit
change of use 
substitute
lease variation

Schedule 1	Other amendments
(see s 3)
Part 1.1	Taxation Administration Act 1999
[1.1]	New section 4 (ia)
insert
	(ia)	the Planning and Development Act 2007, division 9.6.3 (Variation of nominal rent leases);
Part 1.2	Unit Titles Act 2001
[1.2]	New section 20 (2A)
insert
	(2A)	Also, if a unit title application relates to a lease located within a  prescribed zone, the planning and land authority may approve the application only if the lease states the number of units (however described) permitted on the land and the application is for not more than the permitted number of units.
[1.3]	Section 20 (8), new definition of prescribed zone
insert
prescribed zone means a zone identified in the territory plan that is prescribed by regulation. 

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2011.
2	Notification
	Notified under the Legislation Act on	2011.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2011