Australian Capital Territory
Planning and Development (Remission of Lease Variation Charges–Environmental Sustainability) Determination 2018 (No 1)
Disallowable instrument DI2018–40
made under the  
Planning and Development Act 2007, s 278 (When commissioner must remit lease variation charge—sustainability)

1	Name of instrument
This instrument is the Planning and Development (Remission of Lease Variation Charges–Environmental Sustainability) Determination 2018 (No 1).
2	Commencement
This instrument commences on 7 March 2018. 
3	Application
This instrument applies to a lease variation charge for a s 277 chargeable variation of a nominal rent lease if—
(a)	a development application for the variation is approved on or after 7 March 2018; and
(b)	the approval also relates to the development of a building on the land under the lease.
Determined energy efficiency requirements—Act, s 278 (2)
4	I, the Minister for Planning and Land Management, determine the following requirements:
(a)	a Green Star rating of 5 or 6;
(b)	a NatHERS rating of—
(i)	6.5 or 7; or
(ii)	7.5 or more.
Note 	Green Star ratings may be accessed at www.gbca.org.au.  NatHERS ratings may be accessed at www.nathers.gov.au.

5	Remission of lease variation charge for certain energy efficient developments—Act, s 278 (3) (a)
(1)	This section applies to a s 277 chargeable variation of a nominal rent lease.
(2)	I, the Treasurer, determine the following amounts of the lease variation charge for the chargeable variation to be remitted:
(a)	if the relevant development application nominates an average Green Star rating of 5 for the building—an amount equal to 10% of the charge; 
(b)	if the relevant development application nominates an average Green Star rating of 6 for the building—an amount equal to 25% of the charge;
(c)	if the relevant development application nominates an average NatHERS rating of 6.5 or 7 for the building—an amount equal to 10% of the charge; 
(d)	if the relevant development application nominates an average NatHERS rating of 7.5 or more for the building—an amount equal to 25% of the charge.
6	When amounts must be remitted—Act, s 278 (3) (b)
	I, the Treasurer, determine that an amount to be remitted under section 5 must be remitted at the time the notice of assessment of the chargeable lease variation is given to the lessee under the Act, section 276D.
7 	Disapplication of Legislation Act, s 47 (5) 
	The Legislation Act, section 47 (5) does not apply to the following under this instrument:
(a)	a Green Star rating or related document; 
(b)	a NatHERS rating or related document.
Note 1	The text of another instrument applied under this instrument is taken to be applied as in force when this instrument was made (see Legislation Act, s 47 (4) (b)).
Note 2	Green Star ratings and related documents may be accessed at www.gbca.org.au.  NatHERS ratings and related documents may be accessed at www.nathers.gov.au.
8	Definitions
	In this instrument:
	Green Star rating means a rating under the national environmental rating system for buildings called the ‘Green Star’ rating system developed by the Green Building Council of Australia.
NatHERS rating means a rating under the Nationwide House Energy Rating Scheme (NatHERS) administered through the Ministerial Council of Energy.
9	Expiry
This instrument expires on the commencement of the Planning and Development (Lease Variation Charge Deferred Payment Scheme) Amendment Act 2018.

Andrew Barr
Treasurer
6 March 2018

Mick Gentleman
Minister for Planning and Land Management
6 March 2018