Australian Capital Territory
Land (Planning and Environment) (Criteria for Deferral of Rectification Work Cost) Determination 2005 (No 1)
Notifiable Instrument NI2005—77
made under the
Land (Planning and Environment) Act 1991, s 259F (Determination of criteria for deferral of rectification work cost)

I determine the following to be circumstances when the payment of all or part of the costs of rectification work carried out by an authorised person on a leasehold may be deferred:

A.	Circumstances where the applicant lessee for deferral is a pensioner:

1.	the application is made by a lessee who is a pensioner as defined by the Rates Act 2004;

2.	the lease has the purpose of being used solely for residential;

3.	where the lessee is a joint owner, there are no other owners who can reasonably contribute to the payment of the costs;

4.	the payment of the costs will cause substantial hardship to the lessee; and

5.	a letter of demand for payment of the costs within 30 days has been made to the lessee and the period for payment has expired.

B.	In all other circumstances:

1.	a letter of demand for payment of the costs within the time stipulated in the letter has been made to the lessee and the stipulated period has expired;

2.	a second letter of demand for payment of the costs within the time stipulated in the letter has been made to the lessee and the stipulated period has expired; and

3.	the costs have not been paid on or before the expiry of the stipulated period in the second letter.

Neil Savery
Chief Planning Executive
ACT Planning and Land Authority

8 February 2005