Australian Capital Territory
Planning and Development (Remission of Lease Variation Charges–Environmental Sustainability) Determination 2018 (No 2)
Disallowable instrument DI2018–89
made under the  
Planning and Development Act 2007, s 278 (Remission of lease variation charges)

1 	Name of instrument
This instrument is the Planning and Development (Remission of Lease Variation Charges—Environmental Sustainability) Determination 2018 (No 2).
2 	Commencement
This instrument commences on the commencement of the Planning and Development (Lease Variation Charge Deferred Payment Scheme) Amendment Act 2018, section 2.
3 	Determination of circumstances for environmental sustainability remission – s 278 (1)
Pursuant to the Planning and Development Act 2007, section 278 (1), I the Minister for Planning and Land Management, determine the following circumstances for which an amount of a lease variation charge for a chargeable variation of a nominal rent lease must be remitted:
(1)	The lease variation charge is for a section 277 chargeable variation of a nominal rent lease; and
(2)	The development application for the variation is:
(a)	approved on or after the commencement of this instrument; and
(b)	the approval relates to the development of a building on the land under the lease; and
(3)	The building to which the development application under sub-section (2) relates:
(a)	Complies when completed, with the following energy efficiency requirements:
(i)	a Green Star rating of 5 or 6; or
(ii)	a NatHERS rating of—
(aa)	6.5 or 7; or
(bb)	7.5 or more; and
(b)	Evidence of compliance with the energy efficiency requirements stated in sub-section 3(a)(i) or (ii) is:
(i)	obtained by the applicant at the applicant’s own cost from an independent, licensed building assessor, and 
(ii)	provided to the Commissioner for Revenue; and
(4)	The applicant for the remission must have entered into a deferral arrangement with the Commissioner for Revenue under the Planning and Development Act 2007, Subdivision 9.6.3.3 in respect of any remission amount.
4 	Determination of lease variation charge remission amounts for certain energy efficient developments – s 278 (2)
For the purposes of this instrument and the Planning and Development Act 2007, section 278 (2), I the Treasurer, determine the amounts of the lease variation charge for the chargeable variation to be remitted as follows:
(a)	if the building to which the development application under section 3(2) relates complies when completed, with an average Green Star rating of 5 for the building—an amount equal to 10% of the charge;
(b)	if the building to which the development application under section 3(2) relates complies when completed, with an average Green Star rating of 6 for the building—an amount equal to 25% of the charge;
(c)	if the building to which the development application under section 3(2) relates complies when completed, with  an average NatHERS rating of 6.5 or 7 for the building—an amount equal to 10% of the charge;
(d)	if the building to which the development application under section 3(2) relates complies when completed, with an average NatHERS rating of 7.5 or more for the building—an amount equal to 25% of the charge.
5	Disapplication of Legislation Act, s 47 (5)
The Legislation Act 2001, 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.
6	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.
licensed building assessor means a building assessor licensed under the Construction Occupations (Licensing) Act 2004.
NatHERS rating means a rating under the Nationwide House Energy Rating Scheme (NatHERS) administered through the Ministerial Council of Energy.
Note Green Star ratings may be accessed at www.gbca.org.au. NatHERS ratings may be accessed at www.nathers.gov.au.
7	Revocation
DI2018-40, the Planning and Development (Remission of Lease Variation Charges—Environmental Sustainability) Determination 2018 (No 1) is hereby revoked.
8 	Expiry
This instrument expires on 30 June 2019.

Mick Gentleman MLA
Minister for Planning and Land Management

16 May 2018

Andrew Barr MLA
Treasurer

16 May 2018