Australian Capital Territory
Planning and Development (Remission of Lease Variation Charges for Community Purpose—Health Services) Determination 2011 (No 1)
Disallowable instrument DI2011–320
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—Health Services) 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.
2	Community purpose—Act, s 278B (2)
	I, the Minister for the Environment and Sustainable Development, determine the provision of health services as a community purpose.
3	Remission of lease variation charges—certain health services variations—Act, s 278B (3)
(1)	This section applies to a chargeable variation of a nominal rent lease if—
(a) 	the only effect of the variation, and any other chargeable variation approved under the development application for the variation (other than a consolidation of the land under the lease with another lease), is to—
(i)	authorise the use of the land under the lease for a health facility; or
(ii)	authorise the use of the land under the lease for a health facility and increase or limit the maximum gross floor area of a building permitted under the lease for use as a health facility; or
(iii)	increase the maximum gross floor area of a building permitted under the lease for use as a health facility; and
(b)	the lessee shows in writing that the operation of the health facility is fully or partly funded under the GP Development Fund.
(2)	I, the Treasurer, determine the amount of the lease variation charge for the chargeable variation to be remitted is an amount equal to 100% of the charge.
(3)	In this section:
GP Development Fund means the funding program established in the ACT Government’s 2009/2010 budget and administered by the ACT Health Directorate for the development of the general practice workforce in the ACT.
health facility—see the territory plan (13 Definitions).
4	Remission of lease variation charges—other health services 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.
5	Expiry
This instrument expires on 30 June 2013.

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

Andrew Barr
Treasurer
 14 December 2011