Australian Capital Territory
Planning and Development (Remission of Lease Variation Charges for the Housing Commissioner) Determination 2018
Disallowable instrument DI2018–93
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 for the Housing Commissioner) Determination 2018.

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, Dictionary:
•	chargeable variation
•	gross floor area
•	lease variation charge
•	nominal rent lease
•	s 276E chargeable variation
•	s 277 chargeable variation.
2 	Commencement
This instrument commences on the day after its notification day.
3 	Determination of circumstances which apply to the variation—s 278 (1)
Pursuant to s 278 (1) of the Planning and Development Act 2007, I, the Minister for Planning and Land Management, determine:
(1)	This instrument applies to a chargeable variation of a nominal rent lease if—
(a)	the lease was granted to the housing commissioner for a term beginning before 17 December 1987; and
(b)	the housing commissioner is the lessee.

4 	Determination of the amount to be remitted– s 278 (2)
Pursuant to s 278 (2) of the Planning and Development Act 2007, I, the Treasurer, determine the amounts in subsections (1) and (2):
(1)	For a s 276E chargeable variation, the amount of the lease variation charge to be remitted is—
(a)	if less than 50% of the charge is remittable under another provision of the Act—an amount that, with any other remittable amount, is equal to 50% of the charge; or
(b)	 if 50% or more of the charge is remittable under another provision of the Act—an amount equal to 0% of the charge; or
(c)	in any other case—an amount equal to 50% of the charge.
(2)	For a s 277 chargeable variation, the amount of the lease variation charge to be remitted is an amount equal to 25% of the added value for the variation.
(3)	In this section:
added value—see the Planning and Development Regulation 2008, section 179.

Mick Gentleman
Minister for Planning and Land Management

16 May 2018

Andrew Barr
Treasurer

16 May 2018