Australian Capital Territory
Planning and Development (Remission of Lease Variation Charges for Community Purpose—Housing Assistance) Determination 2011 (No 1)
Disallowable instrument DI2011–318
made under the  
Planning and Development Act 2007, s 278B (When commissioner must remit lease variation charge—community purpose) 

1	Name of instrument
This instrument is the Planning and Development (Remission of Lease Variation Charges for Community Purpose—Housing Assistance) 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
·	nominal rent lease
•	s 276E chargeable variation
•	s 277 chargeable variation.
2	Community purpose—Act, s 278B (2)
	I, the Minister for the Environment and Sustainable Development, determine the provision of housing assistance as a community purpose.
3	Remission of lease variation charges—certain housing assistance variations—Act, s 278B (3)
(1)	This section applies to a chargeable variation of a nominal rent lease if—
(a)	the lease was granted to the housing commissioner for a term beginning before 17 December 1987; and
(b)	the housing commissioner is the lessee.
(2)	I, the Treasurer, determine the amounts in subsections (3) and (4).
(3)	For a s 276E chargeable variation, the amount of the lease variation charge to be remitted is—
(a)	if less than 50% of the charge is remittable under another provision of the Act—an amount that, with any other remittable amount, is equal to 50% of the charge; or
(b)	if 50% or more of the charge is remittable under another provision of the Act—an amount equal to 0% of the charge; or
(c)	in any other case—an amount equal to 50% of the charge.
(4)	For a s 277 chargeable variation, the amount of the lease variation charge to be remitted is an amount equal to 25% of the added value for the variation.
(5)	In this section:
added value—see the Planning and Development Regulation 2008, section 179.
4	Remission of lease variation charges—other housing assistance variations—Act, s 278B (3)
(1)	This section applies to a chargeable variation of a nominal rent lease that authorises development for the community purpose mentioned in section 2, other than a variation mentioned in section 3.
(2)	I, the Treasurer, determine the amount of the lease variation charge for the chargeable variation to be remitted is an amount equal to 0% of the charge.

Simon Corbell
Minister for the Environment and Sustainable Development
13 December 2011

Andrew Barr
Treasurer
14 December 2011