Australian Capital Territory
Planning and Development (Remission of Lease Variation Charges for Adaptive Re‑use —Public Art) Determination 2012 (No 1)*
Disallowable instrument DI2012-79
made under the  
Planning and Development Act 2007, s 278E (When commissioner must remit lease variation charges—other) 

1	Name of instrument
This instrument is the Planning and Development (Remission of Lease Variation Charges for Adaptive Re-use—Public Art) Determination 2012 (No 1).
2	Commencement
	This instrument commences on 1 July 2012.
3	Circumstances of adaptive re-use remission
(1)	I, the Minister for Environment and Sustainable Development, determine the provision of a lease variation charge adaptive re-use remission for public art.
(2)	For the purpose of this instrument adaptive re-use refers to the conversion of a used office building to a class 2 residential building as classified in the building code which contribute to public space improvements in the city centre development code or the town centres development code in the Territory Plan.
(b) 	Public space improvements are where the project also involves investment in public art projects which have been identified in consultation with the ACT Government.
4	Application for the adaptive re-use remission
(1)	Applications for the adaptive re-use remission relating to public space improvements will need to be lodged at the Development Application (DA) stage.

5	Maximum amount to be remitted through the adaptive re-use remission
(1)	I, the Treasurer, determine the maximum amount to be remitted through the adaptive re-use remission for public art to be 75 per cent of the lease variation charge which has been determined for payment.
6	Amount to be remitted through the adaptive re-use remission for public art
(1)	Eligible developers are able to reduce the amount of lease variation charge paid by investing in public art projects which have been identified in consultation with the ACT Government.  
(2)	The remission will be calculated at 50 per cent of the amount contributed to a public art project developed in consultation with the relevant government agencies.  
(3)	The remission will be considered as part of existing DA approval processes.
7	Verification of the remission
(1)	The adaptive re-use remission granted for public art will be verified as per conditions set out in the Development Approval.
8	Expiry
(1)	This instrument expires on 30 June 2015.

Andrew Barr
Treasurer
3 May 2012

Simon Corbell
Minister for the Environment and Sustainable Development
3 May 2012