Australian Capital Territory
Planning and Development (Remission of Lease Variation Charges) Determination 2014 (No 1)*
Disallowable instrument DI2014–201
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 2014 (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	Commencement 
This instrument commences on 1 July 2015. 
3	Remission of lease variation charges—s 276E chargeable variation to increase number of dwellings—Act, s 278F (1)
(1)	This section applies to a chargeable variation if—
(a)	it is a s 276E chargeable variation mentioned in the Act, section 276A (1), definition of s 276E chargeable variation—
	(i)		paragraph (a); or
	(ii)		paragraph (c) (ii) to increase the number of dwellings permitted on the land under the lease; or
	(iii)		paragraph (f) (i); or
	(iv)		paragraph (g) (i); and
(b)	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 55% of the charge.
4	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 to a chargeable variation if—
(a)	it is a s 276E chargeable variation mentioned in the Act, section 276A (1), definition of s 276E chargeable variation—
	(i)	paragraph (c) (i); or 
	(ii)	paragraph (f) (ii); or
	(iii)	paragraph (g) (ii); and
(b)	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.
5	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 3 or section 4.
(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.
6	Repeal
	The Planning and Development (Remission of Lease Variation Charges) Determination 2011 (No 1) (DI2011‑197) is repealed. 
Note	The repeal takes effect on 1 July 2015 (see s 2).
7	Expiry
This instrument expires on 30 June 2016.

Andrew Barr
Treasurer
     30 June 2014