Australian Capital Territory
Planning and Development (Remission of Lease Variation Charges) Determination 2018 (No 1)
Disallowable instrument DI2018–94
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) Determination 2018 (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, Dictionary:
•	chargeable variation
•	gross floor area
•	lease variation charge
•	LVC determination
•	s 276E chargeable variation.
2 	Commencement
This instrument commences on the day after its notification day.
3 	Remission of lease variation charges—s 276E chargeable variation to increase number of dwellings—s 278 (1) and (2)
(1)	This section applies to a chargeable variation if—
(a)	it is a s 276E chargeable variation prescribed by the Planning and Development Regulation 2008, section 170A(1)—
(i)	paragraph (a); or
(ii)	paragraph (c) (i) 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 25% of the charge.
4	Remission of lease variation charges—s 276E chargeable variation to increase maximum gross floor area of any non-residential building or structure—s 278 (1) and (2) 
(1)	This section applies to a chargeable variation if—
(a)	it is a s 276E chargeable variation prescribed by the Planning and Development Regulation 2008, section 170A(1)—
(i)	paragraph (c) (ii); 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 a chargeable variation to be remitted is an amount equal to 25% of the charge.
5	Remission of lease variation charges— s 276E chargeable variation for all other chargeable variations— s 278 (1) and (2)
(1)	This section applies to a chargeable variation other than a chargeable variation mentioned in section 3 or 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.

Mick Gentleman
Minister for Planning and Land Management

16 May 2018

Andrew Barr
Treasurer

16 May 2018