Australian Capital Territory
Planning and Development (Remission of Lease Variation Charges) Determination 2011 (No 1)
Disallowable instrument DI2011–197
made under the  
Planning and Development Act 2007, s 278F (When commissioner must remit lease variation charges—chargeable variations generally) 

1	Name of instrument
This instrument is the Planning and Development (Remission of Lease Variation Charges) Determination 2011 (No 1).*
Note 	Terms used in this instrument have the same meaning that they have in the Planning and Development Act 2007 (see Legislation Act, s 148).  For example, the following terms are defined in the Planning and Development Act 2007, dict:
·	chargeable variation
·	gross floor area
·	lease variation charge
·	LVC determination
·	s 276E chargeable variation.
2	Remission of lease variation charges—s 276E chargeable variation to increase number of dwellings—Act, s 278F (1)
(1)	This section applies—
(a)	to a s 276E chargeable variation under the Act, section 276A (1), definition of s 276E chargeable variation—
(i)		paragraph (a); and
(ii)		paragraph (c) (ii) to increase the number of dwellings permitted on the land under the lease; and
(iii)		paragraph (f) (i); and
(iv)		paragraph (g) (i); and
(b)	if a lease variation charge is determined in an LVC determination for the variation.
(2)	The determined amount of the lease variation charge for a chargeable variation to be remitted is an amount equal to the percentage of the charge mentioned in table 2, column 3 for the financial year in which the notice of assessment under s 276D is given.
Table 2	Percentage of lease variation charge—s 276E chargeable variation to increase number of dwellings
column 1
item	column 2
financial year in which notice of assessment under s 276D is given	column 3
percentage of lease variation charge 	
1	1 July 2011 to 30 June 2012	75% 	
2	1 July 2012 to 30 June 2013	65% 	
3	1 July 2013 to 30 June 2014	55% 	
4	1 July 2014 to 30 June 2015	40% 	
5	1 July 2015 to 30 June 2016 	25% 	
3	Remission of lease variation charges—s 276E chargeable variation to increase maximum gross floor area of non-residential building or structure—Act, s 278F (1)
(1)	This section applies—
(a)	to a s 276E chargeable variation under the Act, section 276A (1), definition of s 276E chargeable variation—
(i)	paragraph (c) (i); and
(ii)	paragraph (f) (ii); and
(iii)	paragraph (g) (ii); and
(b)	if a lease variation charge is determined in an LVC determination for the variation.
(2)	The determined amount of the lease variation charge for the chargeable variation to be remitted is an amount equal to 25% of the charge.
4	Remission of lease variation charges—all other chargeable variations—Act, s 278F (1)
(1)	This section applies to a chargeable variation other than a chargeable variation mentioned in section 2 or section 3.
(2)	The determined amount of the lease variation charge for the chargeable variation to be remitted is an amount equal to 0% of the charge.

Andrew Barr MLA
Treasurer
14 July 2011