{"id":"sl-2023-20","name":"Planning (General) Regulation 2023","slug":"planning-general-regulation-2023","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"20 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173578,"registerId":"act-sl-2023-20-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"93","sectionType":"section","heading":"Payment amount—lease acquired after 18 February 2014 other than","content":"93 Payment amount—lease acquired after 18 February 2014 other than\nby contract, and transferor acquired lease after 18 February 2014—\nAct, s 364 (2) 74\n94 Requirements for refund on surrender of leases—LAIE buyback\nprogram—Act, s 364 (3) 75\n95 Payment amount under this division includes payment for\nimprovements 76\nPart 15 Leases with building and development\nprovisions\n96 Meaning of noncompliance period—pt 15 77\n97 Approval of transfer for personal reasons—Act, s 371 (2) (a) 77\n98 Considerations for transfer of leases—Act, s 373 78\n99 Noncompliance fee—Act, s 374 (2) 79\n100 Application for reduction or waiver for hardship—Act, s 374 (4) 80\n101 Decision on application for reduction or waiver for hardship—Act,\ns 374 (4) 81\n102 Application for waiver for lease transferred or assigned in special\ncircumstances—Act, s 374 (4) 82\n103 Decision on application for waiver for lease transferred or assigned in\nspecial circumstances—Act, s 374 (4) 82\n104 Application for waiver for external reason—Act, s 374 (4) 83\n105 Decision on application for waiver for external reason—Act, s 374 (4) 84\n\nPage\ncontents 7\n105A Application—div 16.1 85\n105B Investigation of complaint about unclean leasehold 85\n105C Referral of complaint to another entity 87\n106 Time to decide application for controlled activity order—Act, s 426 (3) 88\nPart 17 Miscellaneous\n107 Expiry of University of NSW lease provisions 89\nSchedule 1 Development proposals requiring\nenvironmental impact assessment 90\nPart 1.1 Interpretation—sch 1 90\n1.1 Definitions—sch 1 90\nPart 1.2 Development proposals requiring environmental\nimpact assessment 95\nSchedule 2 Buyback program valuation procedure 105\nPart 2.1 Interpretation 105\n2.1 Definitions—sch 2 105\nPart 2.2 Buyback program valuation procedure 105\n2.2 Valuation of affected lease 105\n2.3 Accredited valuers to carry out valuation 106\n2.4 Valuation to be given to lessee and Asbestos Response Taskforce 106\n2.5 Presidential determination—request by Asbestos Response Taskforce 107\n2.6 LAIE buyback program valuation 107\n2.7 Presidential determination—request by lessee 108\n2.8 Presidential determination 108\n2.9 Amount payable for surrender of affected lease 109\n\nPage\ncontents 8 Planning (General) Regulation 2023\nDictionary 110\n1 About the endnotes 117\n2 Abbreviation key 117\n3 Legislation history 118\n4 Amendment history 119\n5 Earlier republications 121\n\n1 Name of regulation\nThis regulation is the Planning (General) Regulation 2023.\n3 Dictionary\nThe dictionary at the end of this regulation is part of this regulation.\nNote 1 The dictionary at the end of this regulation defines certain terms used in\nthis regulation and includes references (signpost definitions) to other\nterms defined elsewhere.\nFor example, the signpost definition ‘affected residential premises\nregister—see the Dangerous Substances Act 2004, section 47P (1).’ is\ndefined in that subsection and the definition applies to this regulation.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire regulation unless the definition, or another provision of the\nregulation, provides otherwise or the contrary intention otherwise appears\n(see Legislation Act, s 155 and s 156 (1)).\n","sortOrder":0},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this regulation is explanatory and is not part of this\nregulation.\n\nPreliminary Part 1\n","sortOrder":1},{"sectionNumber":"5","sectionType":"section","heading":"Offences against regulation—application of Criminal","content":"5 Offences against regulation—application of Criminal\nCode etc\nOther legislation applies in relation to offences against this\nregulation.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this regulation\n(see Code, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n","sortOrder":2},{"sectionNumber":"6","sectionType":"section","heading":"Meaning of dwelling","content":"6 Meaning of dwelling\n(1) In this regulation:\ndwelling—\n(a) means a class 1 building, or a self-contained part of a class 2\nbuilding, that—\n(i) includes the following that are accessible from within the\nbuilding, or the self-contained part of the building:\n(A) at least 1 but not more than 2 kitchens;\n(B) at least 1 bath or shower;\n(C) at least 1 toilet pan; and\n(ii) does not have access from another building that is either a\nclass 1 building or the self-contained part of a class 2\nbuilding; and\n\n(b) includes any ancillary parts of the building and any class 10a\nbuildings associated with the building.\nkitchen does not include outdoor cooking facilities or a barbeque in\nan enclosed garden room.\n\nStrategic and spatial planning Part 2\n","sortOrder":3},{"sectionNumber":"7","sectionType":"section","heading":"Entities that may prepare planning and response","content":"7 Entities that may prepare planning and response\nreports—Act, s 39 (2)\nThe following entities are prescribed:\n(a) the city renewal authority;\n(b) the suburban land agency;\n(c) the administrative unit responsible for transport and city\nservices.\n","sortOrder":4},{"sectionNumber":"8","sectionType":"section","heading":"Additional requirements for planning and response","content":"8 Additional requirements for planning and response\nreports—Act, s 39 (4)\n(1) A planning and response report must—\n(a) be prepared at 1 or more of the following spatial scales:\n(i) district;\n(ii) division;\n(iii) precinct;\n(iv) corridor;\n(v) site; and\n(b) for a report at the district, division or corridor spatial scale—\ninclude a structure planning document; and\nExamples—structure planning document\necological and environmental assessment, infrastructure and services\nassessment, transport and movement assessment, community needs and\nsafety assessment\n\n(c) for a report at the precinct or site spatial scale—include a\nconcept planning document.\nExamples—concept planning document\nplace and character plan, master planning and design framework,\nenvironmental and site study, staging and feasibility plan\n(2) Only the territory planning authority may prepare a planning and\nresponse report at the district or division spatial scale.\n","sortOrder":5},{"sectionNumber":"9","sectionType":"section","heading":"Matters that may be included in subdivision design","content":"9 Matters that may be included in subdivision design\napplication—Act, s 43 (2)\nThe following matters are prescribed:\n(a) design and construction requirements for the following:\n(i) climate change adaptation and mitigation measures;\n(ii) infrastructure works and landscaping;\n(iii) reticulated services;\n(iv) roads;\n(v) water-sensitive urban design;\n(vi) works on proposed public land;\n(b) a requirement that stated areas be used for stated purposes;\n(c) a tree management plan;\n(d) a provision that is proposed to apply to the ongoing development\nof a block in the subdivision, if the provision is consistent with\nthe territory plan (including any existing provision applying to\nthe block that is stated in the territory plan as being mandatory);\n\nStrategic and spatial planning Part 2\n(e) landscape design and ongoing management requirements for the\nprotection of connected native wildlife habitat.\nExample—par (b)\na subdivision design application may identify an area to be zoned for community\nlease use and state that it must be used for a primary school\nExamples—par (d)\n1 an increased setback requirement\n2 a reduced building envelope\n\n","sortOrder":6},{"sectionNumber":"10","sectionType":"section","heading":"People to be given extension notice—Act, s 63 (4) (b)","content":"10 People to be given extension notice—Act, s 63 (4) (b)\n(1) A draft major plan amendment that changes a zone from 1 zone\ncategory to another zone category, apart from a draft amendment that\nchanges the zone to any of the following, is prescribed:\n(a) PRZ1—urban open space zone;\n(b) NUZ3—hill ridges and buffer zone;\n(c) NUZ4—river corridor zone;\n(d) NUZ5—mountains and bushland zone.\na draft major plan amendment to change a zone from commercial (CZ) category to\nresidential (RZ) category\n(2) The following people are prescribed:\n(a) a lessee of an adjoining section;\n(b) each lessee of each block (other than the block to which the draft\nmajor plan amendment applies) in the section to which the draft\nmajor plan amendment applies;\n(c) if land adjoining the area to which the draft major plan\namendment applies is a rural block—a lessee of the adjoining\nrural block.\nadjoining—see the Act, section 174.\nsection, in relation to land—see the Districts Act 2002, dictionary.\n\nDesign review panel Division 4.1\n","sortOrder":7},{"sectionNumber":"Div 4","sectionType":"division","heading":"1 Design review panel","content":"Division 4.1 Design review panel\n","sortOrder":8},{"sectionNumber":"11","sectionType":"section","heading":"Development proposals requiring design review panel","content":"11 Development proposals requiring design review panel\nconsultation—Act, s 100 (1)\nThe following development proposals are prescribed:\n(a) a proposal for a building with 5 or more storeys;\n(b) a proposal to increase the floorspace of a shop by more than\n2 000m2 if the proposed shop is fully or partly located within\n1 or more of the following:\n(i) a residential zone;\n(ii) a commercial zone;\n(iii) a community facility zone;\n(iv) a parks and recreation zone.\n","sortOrder":9},{"sectionNumber":"12","sectionType":"section","heading":"Development proposals requiring EIS—Act, s 105 (1) (a)","content":"12 Development proposals requiring EIS—Act, s 105 (1) (a)\nA development proposal mentioned in an item in schedule 1, part 1.2,\ncolumn 2 is prescribed.\nNote An EIS is not required for a development proposal if an environmental\nsignificance opinion has been given for the proposal (see Act, s 105 (2)).\n\n","sortOrder":10},{"sectionNumber":"13","sectionType":"section","heading":"Entities to consult in preparing scoping document—Act,","content":"13 Entities to consult in preparing scoping document—Act,\ns 109 (3)\n(1) In preparing a scoping document for a development proposal, the\nterritory planning authority—\n(a) must consult with the referral entities prescribed under\nsection 33 or section 34 for the development application for the\nproposal; and\n(b) may consult with the public and any other entity.\nExamples—other entities\n1 a territory-owned corporation\n2 the director‑general of an administrative unit not mentioned in s 34\n3 a NSW local council\n4 a government department or body established under a Commonwealth or\nNSW Act\n5 a non-government organisation\n6 an expert in a relevant environmental matter\n(2) However, the territory planning authority must not consult with an\nentity if it is the proponent of the development proposal.\n","sortOrder":11},{"sectionNumber":"14","sectionType":"section","heading":"Time for consulting entities in preparing scoping","content":"14 Time for consulting entities in preparing scoping\ndocument—Act, s 109 (3)\n(1) Within 5 working days after the day the territory planning authority\nreceives an application for a scoping document under the Act,\nsection 109, the authority must, as far as practicable, give each entity\nconsulted under section 13—\n(a) the scoping documentation for the development proposal; and\n(b) a written notice inviting the entity to make written comments on\nthe scoping documentation within 15 working days after the day\nthe entity receives the notice.\n\n(2) An entity given the scoping documentation is taken to have made no\ncomments on the development proposal if the entity fails to give the\nterritory planning authority comments on the scoping documentation\nwithin—\n(a) the 15‑working day period under subsection (1) (b); or\n(b) if the period is extended under section 15—the extended period.\nscoping documentation, in relation to an application under the Act,\nsection 109, means—\n(a) the application; and\n(b) any other documents the territory planning authority considers\nrelevant to the application.\n","sortOrder":12},{"sectionNumber":"15","sectionType":"section","heading":"Extension of time to comment on scoping","content":"15 Extension of time to comment on scoping\ndocumentation—Act, s 109 (3)\n(1) An entity given scoping documentation may, before the end of the\n15-working day period mentioned in a notice under section 14 (2),\napply to the chief planner for an extension of the period.\n(2) The application must—\n(a) be in writing; and\n(b) state the reasons for making the application; and\n(c) state the additional period the entity considers necessary for\nmaking comments.\nscoping documentation—see section 14 (3).\n\n","sortOrder":13},{"sectionNumber":"16","sectionType":"section","heading":"Minimum content of scoping document—Act, s 110 (1)","content":"16 Minimum content of scoping document—Act, s 110 (1)\n(1) A scoping document for a development proposal must contain the\n(a) the name, address, telephone number and email address of the\nperson who prepared the document;\n(b) a list of entities that provided comments in accordance with a\nnotice under section 14;\n(c) if the territory planning authority requires the proponent of the\nproposal to consult with any entities in preparing the EIS—a list\nof those entities;\n(d) each potentially significant environmental impact that must be\naddressed in the EIS;\n(e) if the scoping document relates to a public health‑related EIS—\nthe issues that must be addressed in the EIS in relation to the\npublic health impact of the proposal;\n(f) any current relevant information held by the Territory, of which\nthe territory planning authority is aware, that would be of use in\npreparing the EIS;\n(g) the form and format requirements for the EIS.\nExamples—format requirements for EIS\n1 the structure of the EIS\n2 how factual information is to be referenced in the EIS\n(2) For subsection (1) (c), the scoping document may include\nrequirements that affected groups with particular communication\nneeds have adequate opportunity to comment on the EIS.\n(3) A scoping document for an EIS must also include the following\nrequirements if the requirement applies:\n(a) requirements in relation to the methods of assessment to be used\nin the EIS;\n\n(b) for each potentially significant environmental impact identified\nin the scoping document—\n(i) a requirement that the proponent of the development\nproposal to which the scoping document relates considers\nongoing management, monitoring or reporting regimes; or\n(ii) a requirement that the EIS contain a statement indicating—\n(A) whether an offset is likely to be required for the\nimpact; and\n(B) if an offset is likely to be required—whether an offset\nmanagement plan is likely to be required for the\noffset; and\n(C) a list of impacts that are not significant environmental\nimpacts that can be addressed through an altered\ndesign or in some other way.\nNote For par (b) (ii) (B), if an offset is required, the Minister may impose\nan offset condition on the development approval (see Act, s 187 (2)\n(h)). An offset condition may require the proponent to prepare an\noffset management plan for the offset (see Act, s 245).\n","sortOrder":14},{"sectionNumber":"17","sectionType":"section","heading":"Criteria for consultants—Act, s 110 (3), def consultant","content":"17 Criteria for consultants—Act, s 110 (3), def consultant\nThe criteria are that the territory planning authority is satisfied the\nperson holds relevant professional qualifications in relation to\npreparing an EIS and has—\n(a) experience in preparing an EIS; or\n(b) the capacity to prepare an EIS.\n","sortOrder":15},{"sectionNumber":"18","sectionType":"section","heading":"Draft EIS requirements—Act, s 523 (2) (b)","content":"18 Draft EIS requirements—Act, s 523 (2) (b)\n(1) A draft EIS for a development proposal must include the following:\n(a) a non-technical summary of the draft EIS, including a summary\nof its recommendations;\n\n(b) a glossary of technical terms and any abbreviations and\nacronyms used in the draft EIS;\n(c) a description of the proposal, including—\n(i) a statement of the proposal’s objectives; and\n(ii) the time for implementation of the proposal, including for\nany stage; and\n(iii) details of any action that has been or is being taken by the\nproponent or any other entity in relation to the land to\nwhich the proposal relates; and\n(iv) details of any design alternatives considered in developing\nthe proposal;\nExamples—design alternatives\n1 alternative siting within the land to which the proposal relates\n2 alternative methods of construction, materials and sources of\nmaterials\n3 alternative uses of the land to which the proposal relates\n(d) the following details about the land to which the proposal\nrelates:\n(i) the location of the land;\n(ii) if the land is leased—\n(A) the lessee’s name; and\n(B) the volume and folio of the lease; and\n(C) the block and section number and division of the land\nor, if the land is under a land sublease, the sublease\nplan number;\n(iii) if the land is unleased land or public land—the custodian\nof the land;\n(iv) the purposes for which the land may be used;\n\n(e) a description of the EIS process, including—\n(i) any statutory approval obtained or required for the\nproposal; and\n(ii) the information used to predict each potentially significant\nenvironmental impact identified in the scoping document\nfor the EIS; and\n(iii) the criteria used to assess the significance of each\nenvironmental impact and the performance of any\nalternative to the proposal considered under\nparagraph (c) (iv);\n(f) a statement about the proposal’s compatibility with the\nprinciples of ecologically sustainable development;\n(g) for each potentially significant environmental impact identified\nin the scoping document for the development proposal—\n(i) the relevant environmental values; and\n(ii) the findings and results of any environmental investigation\nin relation to the land to which the proposal relates; and\n(iii) a description of the effects of the environmental impact\n(including cumulative and indirect effects) on physical and\necological systems and human communities; and\n(iv) an analysis of the significance of the potential\nenvironmental impact of the development; and\n(v) a statement of the proposed approach to environmental\nmanagement of the land to which the proposal relates,\nincluding any proposed impact prevention, mitigation or\noffsetting measures to deal with the environmental impact\nof the proposal;\n(h) a description of the consultation undertaken for the EIS;\n\n(i) the draft EIS’s recommendations.\nNote An EIS must also address each matter raised in the scoping document for\nthe development proposal (see Act, s 112 (1) (a) and s 118 (4) (a)).\n(2) For subsection (1) (g), each potentially significant environmental\nimpact identified in the scoping document for the EIS must be\naddressed in its own part of the EIS.\n(3) For subsection (1) (g) (v), the proposed approach to environmental\nmanagement of the land may be set out in a management plan for the\nland.\n(4) A draft EIS for a development proposal to be assessed by the Territory\nin accordance with a bilateral agreement under the EPBC Act must\naddress the matters mentioned in the Environment Protection and\nBiodiversity Conservation Regulations 2000 (Cwlth), schedule 4.\n(5) A draft EIS must be prepared in accordance with any requirement set\nout in the scoping document for the draft EIS.\n","sortOrder":16},{"sectionNumber":"19","sectionType":"section","heading":"Revised EIS requirements—Act, s 523 (2) (b)","content":"19 Revised EIS requirements—Act, s 523 (2) (b)\n(1) The requirements under section 18 apply to a revised EIS as if it were\na draft EIS.\n(2) A revised EIS must also include a summary of the representations\nmade during the public consultation period.\n","sortOrder":17},{"sectionNumber":"20","sectionType":"section","heading":"When environmental significance opinions may be","content":"20 When environmental significance opinions may be\ngiven—Act, s 138\n(1) An environmental significance opinion mentioned in an item in\nschedule 1, part 1.2, column 3 may be given for a development\nproposal mentioned in the item, column 2.\n(2) The proponent of the development proposal may apply to the entity\nmentioned in the item in schedule 1, part 1.2, column 3 for the\nenvironmental significance opinion.\n\n","sortOrder":18},{"sectionNumber":"21","sectionType":"section","heading":"Definitions—div 4.3","content":"21 Definitions—div 4.3\nIn this division:\nmember means a member of an inquiry panel.\npresiding member, of an inquiry panel, means the member nominated\nunder the Act, section 133 (2) as the presiding member of the panel.\n","sortOrder":19},{"sectionNumber":"22","sectionType":"section","heading":"Disclosure of interests by panel members—Act,","content":"22 Disclosure of interests by panel members—Act,\ns 523 (2) (d)\n(a) a member of an inquiry panel has a direct or indirect financial or\npersonal interest in an issue being considered, or to be\nconsidered, by the panel; and\n(b) the interest could conflict with the proper exercise of the\nmember’s functions in relation to the panel’s consideration of\nthe issue.\n(2) As soon as practicable after the relevant facts come to the member’s\nknowledge, the member must—\n(a) disclose the nature of the interest to a meeting of the inquiry\npanel; and\n(b) tell the parties to the inquiry about the interest; and\n(c) not take part, or continue to take part, in the inquiry, or exercise\nany function in relation to the inquiry, unless each party\nconsents to the person taking part, or continuing to take part, in\nthe inquiry.\n\n(3) If the presiding member becomes aware that a member of an inquiry\npanel has an interest mentioned in subsection (1) in relation to the\ninquiry, the presiding member must direct the person not to take part,\nor continue to take part, in the inquiry unless each party to the inquiry\ngives its consent in accordance with subsection (2) (c).\n(4) Within 14 days after the day an interest is disclosed to the presiding\nmember under this section, the presiding member must give the\nMinister a statement of the disclosure.\n","sortOrder":20},{"sectionNumber":"23","sectionType":"section","heading":"Presiding member’s functions—Act, s 523 (2) (d))","content":"23 Presiding member’s functions—Act, s 523 (2) (d))\nThe presiding member of an inquiry panel has the following\nfunctions:\n(a) managing the affairs of the panel, including ensuring the prompt\nconduct of the inquiry and issuing directions in relation to the\nconduct of the inquiry;\n(b) ensuring, as far as practicable, that there is a good working\nrelationship between the panel and all relevant parties;\n(c) ensuring the Minister is kept informed about the operations of\nthe panel.\n","sortOrder":21},{"sectionNumber":"24","sectionType":"section","heading":"Formation of inquiry panel—Act, s 523 (2) (d)","content":"24 Formation of inquiry panel—Act, s 523 (2) (d)\n(1) An inquiry panel must not exercise its functions unless—\n(a) all members of the panel are present; or\n(b) the panel is changed in accordance with this section.\n(2) If, before the inquiry panel has completed its inquiry, 1 of the\nmembers stops being a member of the panel or is unable to continue\nto be a member of the panel, the Minister must, in writing—\n(a) end the inquiry by the panel and appoint a new panel to conduct\nthe inquiry afresh; or\n(b) appoint a new member to the panel.\n\n(3) If the inquiry panel is changed, the panel may, for the purposes of the\ninquiry, take into account any record of the inquiry before the\nprevious panel, including a record of any evidence taken.\n","sortOrder":22},{"sectionNumber":"25","sectionType":"section","heading":"Inquiry to be public—Act, s 523 (2) (d)","content":"25 Inquiry to be public—Act, s 523 (2) (d)\n(1) An inquiry panel must conduct its inquiry in public.\n(2) However, an inquiry panel may—\n(a) direct that the inquiry or any part of it be conducted in private,\nand give directions about who may be present during any private\nhearing; or\n(b) give directions prohibiting or restricting the publication of\ninformation given to the inquiry, or of matters contained in\ndocuments lodged with the inquiry.\n(3) In making a direction under subsection (2), an inquiry panel must\nconsider—\n(a) the principle that it is desirable that the inquiry should be\nconducted in public, and that information given to the inquiry,\nand documents lodged with the inquiry, should be available to\ninterested people and to the public; and\n(b) in the circumstances, whether confidentiality is required.\n(4) A person must not contravene a direction under subsection (2).\nMaximum penalty: 10 penalty units.\n(5) An offence against this section is a strict liability offence.\n\n","sortOrder":23},{"sectionNumber":"26","sectionType":"section","heading":"General procedure for inquiry panel—Act, s 523 (2) (d)","content":"26 General procedure for inquiry panel—Act, s 523 (2) (d)\n(1) An inquiry panel—\n(a) must conduct the inquiry as informally as practicable; and\n(b) is not bound by the rules of evidence, and may inform itself—\n(i) in any way it considers appropriate; and\n(ii) without notice to any person who has made a submission\nto the inquiry; and\n(c) may consider submissions by an interested person without\nhearing the person who made the submission if the person is not\npresent or represented when the inquiry is considering the\nsubmission; and\n(d) may refuse to hear anyone who has failed to comply with a\ndirection given by the presiding member of the panel; and\n(e) subject to this division, may otherwise decide its own\nprocedures.\n(2) The presiding member of an inquiry panel may, in writing, request a\nperson to produce to the panel documents relating to an inquiry by the\npanel that it reasonably needs to exercise its functions.\n(3) Unless otherwise required by an inquiry panel, an interested person\nmay make a submission to the panel orally or in writing or partly\norally and partly in writing.\n(4) An interested person may appear and be heard by an inquiry panel in\nperson or may be represented by another person.\n(5) Meetings of an inquiry panel are to be held when and where the\npresiding member decides in consultation with the other members of\nthe panel.\n\n(6) In this section:\ninterested person, for an inquiry in relation to an EIS, means each of\nthe following:\n(a) the proponent of the development proposal to which the EIS\nrelates;\n(b) an owner or prospective owner of land located near the land to\nwhich the EIS relates;\n(c) anyone who made a representation about the EIS under the Act,\nsection 115;\n(d) anyone else who has, in the inquiry panel’s opinion, a proper\ninterest in the inquiry.\n","sortOrder":24},{"sectionNumber":"27","sectionType":"section","heading":"Arrangements for the use of staff and facilities—Act,","content":"27 Arrangements for the use of staff and facilities—Act,\ns 523 (2) (d)\n(1) An inquiry panel may make arrangements with the territory planning\nauthority for the use of the following:\n(a) the services of public servants in the authority;\n(b) facilities of the authority.\n(2) While a public servant is exercising functions for an inquiry panel,\nthe public servant must exercise the functions in accordance with the\ndirections of the presiding member of the panel.\n\n","sortOrder":25},{"sectionNumber":"28","sectionType":"section","heading":"Prescribed encroachment onto, over or under adjoining","content":"28 Prescribed encroachment onto, over or under adjoining\nland—Act, s 158 (1) (b)\nA distance of 20m is prescribed.\n","sortOrder":26},{"sectionNumber":"29","sectionType":"section","heading":"Sites that are not waste facilities—Act, s 161 (2),","content":"29 Sites that are not waste facilities—Act, s 161 (2),\ndef waste facility, par (b) (ii)\n(1) A site, other than an incineration facility, that is used to handle not\nmore than 15kt of waste each year (a small waste site) is prescribed.\n(2) Subsection (1) is not intended to allow the territory planning authority\nto accept a development application from an existing small waste site\nthat would, if approved, allow an increase in the amount of waste\nhandled each year on the site to more than 15kt.\n\n","sortOrder":27},{"sectionNumber":"30","sectionType":"section","heading":"People to sign development applications—Act,","content":"30 People to sign development applications—Act,\ns 166 (2) (a)\n(1) The following people are prescribed:\n(a) for an application made by someone other than the lessee of the\nland to which the application relates (the relevant land)—\n(i) if the relevant land is subject to a lease—the lessee of the\nland; or\n(ii) if the relevant land is public land or unleased land—\n(A) for a development that is a driveway verge crossing\nfor a single or dual occupancy development—the\ncustodian of the land or the territory planning\nauthority; and\n(B) in any other case—the custodian of the land; or\n(iii) in any other case—the territory planning authority;\n(b) for an application that relates to land under a land sublease—\n(i) if the applicant is not the sublessee—the sublessee; and\n(ii) if the applicant is not the lessee—the lessee;\n(c) for an application that relates to a building the subject of a\nbuilding management statement—2 members of the building\nmanagement committee authorised to sign the application on\nbehalf of the committee.\nbuilding management committee—see the Land Titles Act 1925,\nsection 123F (1) (a).\nbuilding management statement—see the Land Titles Act 1925,\nsection 123C (1).\n\n","sortOrder":28},{"sectionNumber":"31","sectionType":"section","heading":"Requirements for design responses","content":"31 Requirements for design responses\n(a) a design guide applies in relation to a development application\nfor a development proposal; and\n(b) the application is required to be accompanied by the proponent’s\nresponse to the design guide (the design response).\n(2) The design response must—\n(a) demonstrate, using written and graphic content, how the\nproposed development considers the design elements of the\ndesign guide; and\n(b) be endorsed by a built environment professional with experience\nand expertise relevant to the type and scale of development\nproposed.\n","sortOrder":29},{"sectionNumber":"32","sectionType":"section","heading":"Annual amount of expected greenhouse gas emissions—","content":"32 Annual amount of expected greenhouse gas emissions—\nAct, sch 1, pt 1.2, item 12\nAn amount of 250t is prescribed.\n","sortOrder":30},{"sectionNumber":"33","sectionType":"section","heading":"Referral entities for development generally—Act,","content":"33 Referral entities for development generally—Act,\ns 170 (1) (a)\n(1) The following entities are prescribed as referral entities for a\ndevelopment application (other than an application for a development\nproposal requiring an EIS):\n(a) if the application relates to land in an urban renewal precinct—\nthe city renewal authority;\n(b) if the application relates to unleased land or public land—the\ncustodian of the land;\n\n(c) the heritage council, if—\n(i) the application relates to a place registered or provisionally\nregistered under the Heritage Act 2004; or\n(ii) the application relates to a place or object nominated under\nthe Heritage Act 2004; or\n(iii) the territory planning authority is aware that the proposed\ndevelopment may impact an Aboriginal object or place.\nAboriginal object—see the Heritage Act 2004, section 9 (1).\nAboriginal place––see the Heritage Act 2004, section 9 (1).\nurban renewal precinct—means an area of land in the ACT declared\nto be an urban renewal precinct under the City Renewal Authority and\nSuburban Land Agency Act 2017, section 35.\n","sortOrder":31},{"sectionNumber":"34","sectionType":"section","heading":"Referral entities for proposals requiring EIS—Act,","content":"34 Referral entities for proposals requiring EIS—Act,\ns 170 (1) (a)\nThe following entities are prescribed as referral entities for a\ndevelopment application for a development proposal requiring an\nEIS:\n(a) if the application relates to land in an urban renewal precinct—\nthe city renewal authority;\n(b) Icon Water Limited ACN 069 381 960;\n(c) Icon Distribution Investments Limited ACN 073 025 224 and\nJemena Networks (ACT) Pty Ltd ACN 008 552 663 working in\npartnership as Evoenergy ABN 76 670 568 688;\n(d) the conservator of flora and fauna;\n(e) the emergency services commissioner;\n(f) the environment protection authority;\n\n(g) the heritage council;\n(h) the director-general of the administrative units responsible for\nhealth policy and city services;\n(i) if the application relates to unleased land or public land—the\ncustodian of the land;\n(j) if the territory planning authority, or the Minister, may impose\nan offset condition on the development approval for the\napplication that would affect—\n(i) leased land—the lessee of the land; or\n(ii) unleased land or public land—the custodian of the land.\n","sortOrder":32},{"sectionNumber":"35","sectionType":"section","heading":"Response time for entity advice—Act, s 172 (2)","content":"35 Response time for entity advice—Act, s 172 (2)\nThe number of days prescribed is—\n(a) for a referral under the Act, section 170 (When authority must\nrefer development application)—\n(i) if the development application is for a significant\ndevelopment—20 working days after the day the territory\nplanning authority refers the application; and\n(ii) for any other development application—15 working days\nafter the day the territory planning authority refers the\napplication or a shorter period agreed in writing by the\nauthority; and\n(b) for a referral under the Act, section 171 (Further entity\nreferral—more information or amended application)—\n10 working days after the day the territory planning authority\nrefers the application.\n\n","sortOrder":33},{"sectionNumber":"36","sectionType":"section","heading":"Public notification period—Act, s 175 (2) (a)","content":"36 Public notification period—Act, s 175 (2) (a)\nThe prescribed period is—\n(a) for a development application for a significant development—\n(i) publicly notified under the Act, section 179 (5)—\n10 working days; and\n(ii) in any other case—20 working days; and\n(b) for any other development application—15 working days.\n","sortOrder":34},{"sectionNumber":"37","sectionType":"section","heading":"Public notification exemption—Act, s 175 (3) (a)","content":"37 Public notification exemption—Act, s 175 (3) (a)\nA development application for a development proposal for a\nsubdivision in a future urban area is prescribed.\n","sortOrder":35},{"sectionNumber":"38","sectionType":"section","heading":"Public notification exemptions—Act, s 175 (3) (b)","content":"38 Public notification exemptions—Act, s 175 (3) (b)\nA development application for any of the following development\nproposals is prescribed:\n(a) public works in a future urban area, if the works are—\n(i) the building, alteration or demolition of a building or other\nstructure; or\n(ii) the carrying out of earthworks or other construction work\nthat would affect the landscape of the area;\n(b) the building, alteration or demolition of a single dwelling, if the\ndevelopment would not result in more than 1 dwelling being on\na block;\n(c) the demolition of a building or other structure in connection with\nthe building or alteration of a single dwelling, if the\ndevelopment would not result in more than 1 dwelling being on\na block;\n\n(d) the building, alteration or demolition of a class 10 building or\nstructure;\nNote A class 10 building or structure is a non-habitable building or\nstructure (see building code).\n(e) the putting up, attaching or displaying of a sign (whether\npermanent or temporary) on land, or to a building or other\nstructure on land.\nNote A sign may be exempt from requiring development approval under\nthe Planning (Exempt Development) Regulation 2023.\n\nInterpretation—pt 7 Division 7.1\n","sortOrder":36},{"sectionNumber":"Div 7","sectionType":"division","heading":"1 Interpretation—pt 7","content":"Division 7.1 Interpretation—pt 7\n","sortOrder":37},{"sectionNumber":"39","sectionType":"section","heading":"Definitions—pt 7","content":"39 Definitions—pt 7\n(1) In this part:\nallocated land, in relation to the housing commissioner, means land\nthat has been placed under the commissioner’s control under the\nHousing Assistance Act 2007, section 32.\nbusiness-case criteria, in relation to the direct sale of a lease to a\nperson—see section 40.\nby a person—see section 40.\ndirect sale, in relation to a lease, means the grant of the lease under\nthe Act, section 263 (1) (d).\neducational establishment—see the territory plan, dictionary.\nsupportive accommodation means any of the following:\n(a) a retirement complex;\n(b) residential care accommodation within the meaning of the\nterritory plan;\n(c) a retirement village within the meaning of the territory plan;\n(d) supportive housing within the meaning of the territory plan.\nterritory entity does not include the housing commissioner.\nUNSW campus—see section 41 (1).\nUNSW precinct deed—see section 41 (1).\nretirement complex—see section 75 (2).\n\nDivision 7.1\n","sortOrder":38},{"sectionNumber":"40","sectionType":"section","heading":"Meaning of business-case criteria and business-case","content":"40 Meaning of business-case criteria and business-case\ndocumentation—pt 7\nbusiness-case criteria—the following are the business-case criteria\nin relation to the direct sale of a lease to a person:\n(a) the person has the financial capacity, and relevant experience,\nqualifications, expertise and other resources, to develop and\nmanage the land;\n(b) the community has a genuine need for the proposed use of the\n(c) the person has a genuine need for the land.\nby a person, means the following:\n(a) a plan that outlines the nature and scale of the development that\nincludes the following:\n(i) how the land will be developed and used, including any\nstaging requirements for the proposed development;\n(ii) details of the proposed buildings and car parking facilities\nfor the land;\n(iii) details of the proposed public access to the land;\n(b) a business plan for the land that includes the following:\n(i) the proposed strategies for the successful development and\nuse of the land;\n(ii) an estimate of the development costs for the land;\n(iii) details of the goods or services to be provided from the\n\n(c) a list of all land in the ACT in which the person has an interest\nor that the person occupies;\n(d) if the person is a corporation—proof of its incorporation and a\ncopy of its constitution or rules.\n","sortOrder":39},{"sectionNumber":"41","sectionType":"section","heading":"Meaning of UNSW campus and UNSW precinct deed—","content":"41 Meaning of UNSW campus and UNSW precinct deed—\npt 7\n(1) In this part:\nUNSW campus means land in the district of Reid or Parkes identified\nin the UNSW precinct deed.\nUNSW precinct deed means the precinct deed between the Territory\nand the University of NSW dated 3 March 2020.\n(2) Land in the UNSW campus is prescribed for the Act,\nsection 274 (2) (g).\n","sortOrder":40},{"sectionNumber":"42","sectionType":"section","heading":"Direct sales requiring approval by Executive—Act,","content":"42 Direct sales requiring approval by Executive—Act,\ns 266 (1) (a)\nThe following leases are prescribed:\n(a) a lease granted to any of the following:\n(i) a territory entity;\n(ii) a Commonwealth entity;\n(iii) a non-government educational establishment;\n(b) a lease to the housing commissioner if the land is not allocated\n(c) a lease of public land to the lessee of an adjoining lease;\n(d) a lease of land in the UNSW campus to the University of NSW;\n\n(e) a lease to a community organisation;\n(f) a lease for supportive accommodation;\n(g) a rural lease.\n","sortOrder":41},{"sectionNumber":"43","sectionType":"section","heading":"Direct sale criteria for territory and Commonwealth","content":"43 Direct sale criteria for territory and Commonwealth\nentities—Act, s 266 (1) (a) (i)\nThe criteria for the direct sale of a lease to a territory entity or\nCommonwealth entity are—\n(a) the land is the most suitable land for the entity’s proposed use of\nthe land, taking into account the entity’s functions; and\n(b) an amount has been appropriated, or is otherwise available, to\ndevelop and manage the land; and\n(c) the entity’s proposed use of the land is consistent with the\nentity’s operations.\n","sortOrder":42},{"sectionNumber":"44","sectionType":"section","heading":"Direct sale criteria for non-government educational","content":"44 Direct sale criteria for non-government educational\nestablishments—Act, s 266 (1) (a) (i)\n(1) The criteria for the direct sale of a lease to a person for an educational\nestablishment are—\n(a) the person is—\n(i) if the land is to be used for a new non‑government school—\nthe holder of an in‑principle approval for registration of a\nschool at the location of the land; or\n(ii) if the land is to be used for a new campus of a registered\nnon‑government school—the proprietor of the\nnon‑government school; or\n(iii) a registered training organisation under the National\nVocational Education and Training Regulator Act 2011\n(Cwlth), section 3; or\n\n(iv) a registered higher education provider under the Tertiary\nEducation Quality and Standards Agency Act 2011\n(Cwlth); and\n(b) the person meets the business-case criteria in relation to the\nproposed development and—\n(i) the use of the land for an educational establishment will\npromote ACT or Commonwealth government policies in\nrelation to educational services; or\n(ii) the educational establishment will meet an education need\nin the ACT that is not being met by existing education\nproviders by providing—\n(A) opportunities for education or training in an area of\nshortage of appropriately qualified or skilled people\nin the ACT; or\n(B) education to people who, because of a group to which\nthey belong, may experience disadvantage in the\nprovision of educational services unless their\nparticular needs are met.\nExamples—par (b) (ii) (B)\n","sortOrder":43},{"sectionNumber":"1","sectionType":"section","heading":"Aboriginal and Torres Strait Islander people","content":"1 Aboriginal and Torres Strait Islander people\n2 people with a physical or medical disability\n3 people who are socially or financially disadvantaged\n4 people who cannot communicate, or who have difficulty\ncommunicating, in English\n(2) For subsection (1) (b), the person must provide the business-case\ndocumentation for the proposed development.\n\n(3) For subsection (1) (b) (i), the person must provide details of how the\ndevelopment and use of the land will meet any relevant ACT or\nCommonwealth government policies applicable to the proposed use\nof the land, including written evidence of the following:\n(b) if the person is eligible for funding by an ACT or\nCommonwealth government agency—the person’s eligibility.\n(4) This section does not apply to the direct sale to the University of NSW\nof land in the UNSW campus.\nin-principle approval, for registration of a non‑government school—\nsee the Education Act 2004, dictionary.\nnon-government school—see the Education Act 2004, dictionary.\nproprietor, of a non‑government school—see the Education\nAct 2004, dictionary.\nregistered non-government school—see the Education Act 2004,\n","sortOrder":44},{"sectionNumber":"45","sectionType":"section","heading":"Direct sale criterion for unallocated land for housing","content":"45 Direct sale criterion for unallocated land for housing\ncommissioner—Act, s 266 (1) (a) (i)\nThe criterion for the direct sale of a lease of land that is not allocated\nland to the housing commissioner is that the commissioner requires\nthe land for housing within the meaning of the Housing Assistance\nAct 2007.\n\n","sortOrder":45},{"sectionNumber":"46","sectionType":"section","heading":"Direct sale criteria for leases of adjoining unleased land","content":"46 Direct sale criteria for leases of adjoining unleased land\nthat is public land—Act, s 266 (1) (a) (i)\n(1) The criteria for the direct sale of a lease of public land (the proposed\nlease) to the lessee of a lease (the existing lease) that adjoins the\nproposed lease are that—\n(a) the grant of the proposed lease will—\n(i) rectify an existing encroachment on the proposed lease by\na building or other structure on the existing lease for the\npurpose of consolidating the proposed and existing leases\nfor subdivision under the Unit Titles Act 2001; or\n(ii) facilitate the achievement of a good planning outcome; and\n(b) the proposed use of the land is compatible with Territory or\nCommonwealth government policies applicable to the proposed\nuse; and\n(c) because of the size, location or configuration of the proposed\nlease, it is not reasonable or viable to grant the proposed lease\nas a separate independent lease; and\n(d) the grant of the proposed lease—\n(i) will not detract from the amenity of the surrounding area;\nand\n(ii) will promote better land management; and\n(iii) will not unreasonably restrict public access to other land.\nencroachment includes a projection at, above or below ground level.\n\n","sortOrder":46},{"sectionNumber":"47","sectionType":"section","heading":"Direct sale criteria for UNSW campus land for University","content":"47 Direct sale criteria for UNSW campus land for University\nof NSW—Act, s 266 (1) (a) (i)\nThe criteria for the direct sale of a lease of land in the UNSW campus\nto the University of NSW are—\n(a) the University has given the territory planning authority the\n(i) a master plan approved by the Executive;\n(ii) a development proposal for the land in accordance with the\nUNSW precinct deed;\n(iii) a works approval approved by the National Capital\nAuthority which is consistent with subparagraphs (i) and\n(ii); and\n(b) the territory planning authority is satisfied that the University\nhas the financial capacity, and relevant experience,\nqualifications, expertise and other resources, to develop and\nmanage the land.\n","sortOrder":47},{"sectionNumber":"48","sectionType":"section","heading":"Direct sale criteria for community organisations—Act,","content":"48 Direct sale criteria for community organisations—Act,\ns 266 (1) (a) (i)\n(1) The criteria for the direct sale of a market value lease to a community\norganisation are—\n(a) the community organisation meets the business-case criteria in\nrelation to the proposed development; and\n(b) the proposed use of the land is—\n(i) consistent with the community organisation’s constitution\nor rules; and\n(ii) compatible with ACT or Commonwealth government\npolicies applicable to the proposed use.\n\n(2) For subsection (1) (a), the community organisation must provide the\nbusiness-case documentation for the proposed development.\n(3) For subsection (1) (b) (ii), the community organisation must provide\ndetails of how the development and use of the land will meet any\nrelevant ACT or Commonwealth government policies applicable to\nthe proposed use of the land, including written evidence of the\n(b) if the community organisation is eligible for funding by an ACT\nor Commonwealth government agency—the community\norganisation’s eligibility.\n","sortOrder":48},{"sectionNumber":"49","sectionType":"section","heading":"Direct sale criteria for supportive accommodation—Act,","content":"49 Direct sale criteria for supportive accommodation—Act,\ns 266 (1) (a) (i)\n(1) The criteria for the direct sale of a market value lease for supportive\naccommodation are—\n(a) the proposed lessee is a community organisation; and\n(b) if the proposed lessee requires an approval (however described)\nunder a territory or Commonwealth law to provide the\nsupportive accommodation to which the proposed use of the\nland relates—the proposed lessee holds the approval; and\n(c) the proposed lessee meets the business-case criteria in relation\nto the proposed development; and\n(d) the proposed use of the land—\n(i) is consistent with the proposed lessee’s constitution or\nrules; and\n(ii) will promote any ACT or Commonwealth government\npolicies in relation to supportive accommodation; or\n\n(iii) will meet a need for additional supportive accommodation\nin the ACT.\n(2) For subsection (1) (c), the proposed lessee must provide the\nbusiness-case documentation for the proposed development.\n(3) For subsection (1) (d) (ii), the proposed lessee must provide details of\nhow the development and use of the land will meet any relevant ACT\nor Commonwealth government policies applicable to the proposed\nuse of the land, including written evidence of the following:\n(b) if the person is eligible for funding by an ACT or\nCommonwealth government agency—the person’s eligibility.\n","sortOrder":49},{"sectionNumber":"50","sectionType":"section","heading":"Direct sale criteria for rural leases—Act, s 266 (1) (a) (i)","content":"50 Direct sale criteria for rural leases—Act, s 266 (1) (a) (i)\n(1) The criteria for the direct sale of a rural lease to a person are—\n(a) for at least 5 years before applying for the direct sale, the person\nhas—\n(i) lawfully occupied the land; or\n(ii) been the occupier (whether as lessee, sublessee or\nlicence-holder) of adjoining land; and\n(b) the land’s custodian agrees to the grant.\n(2) For subsection (1) (b), the person must provide written evidence that\nthe land’s custodian agrees to the grant.\nNote The person must have also signed a land management agreement in\nrelation to the land (see Act, s 350).\n\nDirect sales approved by Minister Division 7.3\nDivision 7.3 Direct sales approved by Minister\n","sortOrder":50},{"sectionNumber":"51","sectionType":"section","heading":"Direct sales requiring approval by Minister—Act,","content":"51 Direct sales requiring approval by Minister—Act,\ns 266 (1) (b)\nThe following leases are prescribed:\n(a) a lease granted to the Territory, other than a lease to which\nsection 54 (1) (g) applies;\n(b) a lease of unleased land, other than public land, to the lessee of\nan adjoining lease.\n","sortOrder":51},{"sectionNumber":"52","sectionType":"section","heading":"Direct sale criteria for Territory—Act, s 266 (1) (b) (i)","content":"52 Direct sale criteria for Territory—Act, s 266 (1) (b) (i)\nThe criteria for the direct sale of a lease to the Territory are—\n(a) the land is suitable for the proposed use; and\n(b) an amount has been appropriated to develop and manage the\nland.\n","sortOrder":52},{"sectionNumber":"53","sectionType":"section","heading":"Direct sale criteria for leases of adjoining unleased land","content":"53 Direct sale criteria for leases of adjoining unleased land\nother than public land—Act, s 266 (1) (b) (i)\n(1) The criteria for the direct sale of a lease of unleased land other than\npublic land (the proposed lease) to the lessee of a lease (the existing\nlease) that adjoins the proposed lease are that—\n(a) the grant of the proposed lease will—\n(i) rectify an existing encroachment on the proposed lease by\na building or other structure on the existing lease for the\npurpose of consolidating the proposed and existing leases\nfor subdivision under the Unit Titles Act 2001; or\n(ii) facilitate the achievement of a good planning outcome; and\n(b) the proposed use of the land is compatible with Territory or\nCommonwealth government policies applicable to the proposed\nuse; and\n\n(c) because of the size, location or configuration of the proposed\nlease, it is not reasonable or viable to grant the proposed lease\nas a separate independent lease; and\n(d) the grant of the proposed lease—\n(i) will not detract from the amenity of the surrounding area;\nand\n(ii) will promote better land management; and\n(iii) will not unreasonably restrict public access to other land.\nencroachment includes a projection at, above or below ground level.\nDivision 7.4 Certain direct sales not requiring\napproval\n","sortOrder":53},{"sectionNumber":"54","sectionType":"section","heading":"Certain direct sales not requiring approval—Act,","content":"54 Certain direct sales not requiring approval—Act,\ns 266 (1) (e)\n(1) The following leases are prescribed:\n(a) a lease offered at auction but not sold;\n(b) a lease (the new lease) if—\n(i) a lease of the land was offered by tender but not sold; and\n(ii) the new lease includes conditions materially similar to the\nconditions of the lease offered by tender, other than any\nconditions relevant only to the tender process;\n(c) a lease offered at ballot but not sold;\n(d) a lease sold at ballot but the contract of sale is rescinded or\notherwise ended before the lease is granted under the contract;\n(e) a lease of allocated land to the housing commissioner;\n\nCertain direct sales not requiring approval Division 7.4\n(f) a lease to a registered community housing provider;\n(g) a lease of land to the Territory if the land is used or occupied by\nthe Territory.\nauction, in relation to a lease, means an auction of the lease under\nthe Act, section 263 (1) (a).\nballot, in relation to a lease, means a ballot of the lease under the Act,\nsection 263 (1) (c).\nregistered community housing provider—see the Community\nHousing Providers National Law (ACT), section 4 (1).\nNote The Community Housing Providers National Law (ACT) Act 2013, s 7\napplies the Community Housing Providers National Law (ACT) set out\nin the Community Housing Providers (Adoption of National Law)\nAct 2012 (NSW), schedule as if it were an ACT law called the Community\nHousing Providers National Law (ACT).\ntender, in relation to a lease, means a tender for the lease under\nthe Act, section 263 (1) (b).\n","sortOrder":54},{"sectionNumber":"55","sectionType":"section","heading":"Direct sales of affected leases—Act, s 266 (1) (e)","content":"55 Direct sales of affected leases—Act, s 266 (1) (e)\n(1) The following leases are prescribed:\n(a) a lease of land to an eligible former owner of the land;\n(b) a lease in relation to a surrendered residential block;\n(c) a lease that was an eligible impacted lease at the time the lease\nwas sold to the Territory.\neligible former owner means—\n(a) a person who—\n(i) was the lessee of an affected lease or eligible impacted\nlease; and\n\n(ii) for a lessee of an affected lease—\n(A) surrendered the affected lease to the Territory under\nthe LAIE buyback program; and\n(B) in the deed to surrender the affected lease elected to\nreceive a first right of refusal to purchase a new lease\nof the land; and\n(iii) for a lessee of an eligible impacted lease—\n(A) sold the lease to the Territory under the eligible\nimpacted property buyback program; and\n(C) in the contract for the sale of the eligible impacted\nlease elected to receive a first right of refusal to\npurchase a new lease of the land; or\n(b) if the person mentioned in paragraph (a) dies—a person who\nwould have obtained an interest in the affected lease or eligible\nimpacted lease if the lease had not been surrendered or sold; or\n(c) if the person mentioned in paragraph (a) is a party to a divorce\nor the ending of a civil partnership or civil union—a person who\nwould have obtained an interest in the affected lease or eligible\nimpacted lease under a court order if the lease had not been\nsurrendered or sold.\neligible impacted lease means a lease of land on which there are\nimprovements including an eligible impacted property.\neligible impacted property—see the Civil Law (Sale of Residential\nProperty) Act 2003, section 9A (1).\neligible impacted property buyback program—see the Civil Law\n(Sale of Residential Property) Act 2003, section 9A (1).\n\nCertain direct sales not requiring approval Division 7.4\nsurrendered residential block means a block—\n(a) for which a lease has been surrendered under the LAIE buyback\nprogram; and\n(b) that is included as a surrendered block on the affected residential\npremises register.\n","sortOrder":55},{"sectionNumber":"56","sectionType":"section","heading":"Required provisions in direct sale leases for UNSW","content":"56 Required provisions in direct sale leases for UNSW\ncampus land—Act, s 269 (2)\nA lease granted under the Act, section 263 (1) (d) of land in the\nUNSW campus to the University of NSW may only include—\n(a) an authorised use as an education and research facility that is\nconsistent with the UNSW precinct deed; and\n(b) development conditions that are consistent with the UNSW\nprecinct deed.\n\n","sortOrder":56},{"sectionNumber":"57","sectionType":"section","heading":"Period for failure to accept and execute lease—Act,","content":"57 Period for failure to accept and execute lease—Act,\ns 273 (1)\nThe period is 20 working days after the day the territory planning\nauthority notifies the person entitled to the grant of the lease that the\nlease is available for execution.\n","sortOrder":57},{"sectionNumber":"58","sectionType":"section","heading":"Exemptions from restrictions on dealings with certain","content":"58 Exemptions from restrictions on dealings with certain\nleases—Act, s 280 (3)\n(1) The following leases are exempt:\n(a) a lease to a registered community housing provider;\n(b) a lease granted under the Act, section 263 (1) by auction, tender\nor ballot if—\n(i) the class of people eligible or ineligible for the grant was\nrestricted under the Act, section 265; and\n(ii) the lease is sold for market value; and\n(iii) the Act, section 279 (1) (a) or (d) does not apply to the\n(c) a lease (the exempt lease) of public land granted under the Act,\nsection 263 (1) (d) to the lessee of a lease that adjoins the exempt\n(d) a lease (the exempt lease) of unleased land, other than public\nland, granted under the Act, section 263 (1) (d) to the lessee of\na lease that adjoins the exempt lease;\n(e) a lease granted under the Act, section 263 if—\n(i) the lease is sold for market value; and\n(ii) the Act, section 279 (1) (a) or (d) does not apply to the\n\nGrants of leases generally Part 8\nregistered community housing provider—see the Community\nHousing Providers National Law (ACT), section 4 (1).\nNote The Community Housing Providers National Law (ACT) Act 2013, s 7\napplies the Community Housing Providers National Law (ACT) set out\nin the Community Housing Providers (Adoption of National Law)\nAct 2012 (NSW), schedule as if it were an ACT law called the Community\nHousing Providers National Law (ACT).\n\n","sortOrder":58},{"sectionNumber":"59","sectionType":"section","heading":"Criteria for giving approval of sublease of land—Act,","content":"59 Criteria for giving approval of sublease of land—Act,\ns 284 (3) (a)\nThe following criteria are prescribed:\n(a) the sublease must be for a use authorised by the lease;\n(b) for a land sublease—\n(i) the sublease must not be for a term longer than 99 years;\nand\n(ii) if the sublease authorises residential use of the land under\nthe sublease—the sublease must state the number, or a\nmaximum number, of dwellings permitted on the land\nunder the sublease; and\n(iii) if the sublease authorises non-residential use of the land\nunder the sublease—the sublease must state the maximum\ntotal gross floor area of buildings and structures permitted\nfor non-residential use on the land under the sublease.\n","sortOrder":59},{"sectionNumber":"60","sectionType":"section","heading":"Prescribed matters in land sublease—Act, s 284 (7)","content":"60 Prescribed matters in land sublease—Act, s 284 (7)\n(1) A land sublease must—\n(a) if the sublease is a declared land sublease—state that it is a\ndeclared land sublease; and\n(b) include a purpose clause consistent with the lease under which\nthe sublease is granted; and\n(c) state the commencement date and term of the sublease; and\n(d) include a plan of the land—\n(i) prepared in accordance with any relevant practice direction\nunder the Surveyors Act 2007, section 55; and\n(ii) signed by the surveyor-general; and\n\nSubletting of leases Part 9\n(e) include a provision dealing with termination of the sublease,\nincluding breach of the sublease, that is fair and equitable\nbetween the parties taking into account the parties’\ncircumstances and the nature and circumstances of the\ntermination; and\n(f) include a provision dealing with the resolution of disputes\nbetween the parties in relation to the sublease, that is fair and\nequitable between the parties taking into account the parties’\ncircumstances and the nature and circumstances of the dispute;\nand\n(g) include or be accompanied by—\n(i) a written statement from relevant utility providers that the\nutility services are available to the land under the land\nsublease; and\n(ii) plans in accordance with any relevant Australian Standard\nshowing that the utility services are available to the land\nunder the land sublease; and\n(h) include or be accompanied by plans in accordance with any\nrelevant Australian Standard showing that satisfactory road\naccess for city services is available to the land under the land\nsublease.\nExamples—city services\n1 waste removal and recycling services\n2 fire and other emergency services\n(2) For this section, a utility service is available to the land under a land\nsublease if the service can be connected at the boundary of the land\nsublease to enable the service to be provided on the land under the\nland sublease.\nelectricity services means the services described in the Utilities\nAct 2000, section 6.\n\ngas services means the services described in the Utilities Act 2000,\nsection 9.\nsewerage services means the services described in the Utilities\nAct 2000, section 13.\ntelecommunications network—see the Telecommunications\nAct 1997 (Cwlth), section 7.\ntelecommunications services—see the Telecommunications\n(Interception and Access) Act 1979 (Cwlth), section 5 (1).\nutility services means electricity services, gas services, sewerage\nservices, telecommunication services and water services.\nwater services means the services described in the Utilities Act 2000,\nsection 11.\n\nGrants of further leases Part 10\n","sortOrder":60},{"sectionNumber":"61","sectionType":"section","heading":"Criteria for grant of further leases for unit title schemes—","content":"61 Criteria for grant of further leases for unit title schemes—\nAct, s 289 (1) (f)\n(1) The following criteria are prescribed for a further lease of a unit or\nthe common property in a units plan:\n(a) the application for the further lease is made by the owners\ncorporation for the units plan;\n(b) the application is supported by an ordinary resolution of the\nowners corporation;\n(c) a certificate under the Unit Titles (Management) Act 2011,\nschedule 3, section 3.19 about the resolution is attached to the\napplication;\n(d) the territory planning authority is granting further leases for all\nthe units and the common property in the units plan;\n(e) the further leases are all granted for the same term.\nordinary resolution—see the Unit Titles (Management) Act 2011,\nowners corporation—see the Unit Titles (Management) Act 2011,\nunit—see the Unit Titles Act 2001, section 9.\nunits plan—see the Unit Titles Act 2001, dictionary.\n","sortOrder":61},{"sectionNumber":"62","sectionType":"section","heading":"Criteria for grant of further leases for community title","content":"62 Criteria for grant of further leases for community title\nschemes—Act, s 289 (1) (f)\n(1) The following criteria are prescribed for a further lease of a lot in a\ncommunity title scheme:\n(a) the application is made by the body corporate for the scheme;\n\n(b) the application is supported by an ordinary resolution of the\nbody corporate;\n(c) attached to the application is a certificate under the seal of the\nbody corporate stating that at a general meeting of the body\ncorporate held on a stated day a resolution was passed for\nparagraph (b) in the terms set out in the certificate;\n(d) the territory planning authority is granting further leases for all\nthe lots in the scheme;\n(e) the further leases are all granted for the same term.\nbody corporate—see the Community Title Act 2001, dictionary.\ncommunity title scheme—see the Community Title Act 2001,\nlot—see the Community Title Act 2001, dictionary.\nordinary resolution—see the Community Title Act 2001, dictionary.\n","sortOrder":62},{"sectionNumber":"63","sectionType":"section","heading":"Criteria for grant of further community leases—Act,","content":"63 Criteria for grant of further community leases—Act,\ns 289 (1) (f)\nThe following criteria are prescribed for a further lease of a\ncommunity lease:\n(a) if the lessee is required to give the territory planning authority a\nreport under the Act, section 296 (Community use reports)—the\nreport has been given;\n(b) if the territory planning authority has required the lessee to\ncommission an audit mentioned in the Act, section 297 (Audit\nof use of community lease land) in the 6 months before the lease\nexpires—the audit has been carried out and the authority is\nsatisfied the community organisation continues to use the lease\nfor the use stated in the lease.\n\n","sortOrder":63},{"sectionNumber":"64","sectionType":"section","heading":"Definitions—pt 11","content":"64 Definitions—pt 11\nproposed lease—see section 66 (2) (a).\nthreshold criteria, in relation to a tender for a community lease—see\nsection 68.\n","sortOrder":64},{"sectionNumber":"64A","sectionType":"section","heading":"Prescribed community lease uses—Act, s 291 (1), def","content":"64A Prescribed community lease uses—Act, s 291 (1), def\ncommunity lease use, par (k)\n(1) The following community uses are prescribed:\n(a) health facility;\n(b) hospital.\n(2) A term used in subsection (1) has the same meaning as it has in the\nterritory plan.\n","sortOrder":65},{"sectionNumber":"65","sectionType":"section","heading":"Community lease provisions—Act, s 292, def community","content":"65 Community lease provisions—Act, s 292, def community\nlease provisions, par (g)\n(1) A provision stating the additional uses for the land described in the\nlease is prescribed.\nadditional use—see section 67 (1) (c).\n","sortOrder":66},{"sectionNumber":"66","sectionType":"section","heading":"Tender process—expressions of interest—Act,","content":"66 Tender process—expressions of interest—Act,\ns 295 (1) (d)\n(1) Before granting a community lease by tender, the territory planning\nauthority must, by public notice, invite community organisations to\nsubmit expressions of interest in the grant of the lease.\n\n(2) The territory planning authority must ensure that—\n(a) a copy of the community lease proposed to be granted\n(the proposed lease) is available on the authority website; and\n(b) the public notice includes a statement to that effect.\n(3) A community organisation’s expression of interest must include a\nstatement addressing the threshold criteria in relation to the tender for\nthe lease.\n(4) If the territory planning authority receives an expression of interest\nfrom a community organisation, the authority must—\n(a) assess whether the organisation meets the threshold criteria in\nrelation to the tender for the lease; and\n(b) if 2 or more organisations meet the criteria—rank the\norganisations by suitability to be granted the lease in accordance\nwith the criteria.\n(5) The territory planning authority may—\n(a) decide how many ranked community organisations to invite to\ntender for the grant of the lease; and\n(b) invite the organisations, starting with the first ranked\norganisation, to tender for the grant of the lease.\n","sortOrder":67},{"sectionNumber":"67","sectionType":"section","heading":"Tender process—content of tenders—Act, s 295 (1) (d)","content":"67 Tender process—content of tenders—Act, s 295 (1) (d)\n(1) If the territory planning authority invites a community organisation\nto tender for the grant of a community lease, the community\norganisation’s tender must include—\n(a) the information included in the organisation’s expression of\ninterest under section 66; and\n(b) a statement addressing the additional criteria mentioned in\nsubsection (2); and\n\n(c) if more than 1 potential use is identified for the land in a\nstatement under the Act, section 294 (Statement of future\ncommunity land for stated districts)—a proposal to use the land\ndescribed in the proposed lease for another potential use\n(an additional use), in addition to the use stated in the proposed\nlease; and\n(d) a statement addressing the threshold criteria in relation to the\nadditional use; and\n(e) any additional information requested by the authority.\n(2) The following additional criteria are prescribed:\n(a) the community organisation demonstrates that it needs the land\ndescribed in the proposed lease and the need is consistent with\nits constitution or rules, taking into account the following:\n(i) whether the community organisation or a related body\ncorporate holds another lease;\n(ii) if the organisation or related body corporate holds another\nlease—whether the land described in the other lease is used\nto its capacity or is otherwise unsuitable for the use that the\nproposed lease could or does authorise;\n(iii) whether the organisation or related body corporate has, in\nthe 10 years before the date of the tender, dealt with a lease;\n(b) the community organisation’s proposed development and use of\nthe land described in the proposed lease would not result in a\nsignificant underuse of the land;\na community organisation is not likely to satisfy the criterion in par (b) if the\nplans for developing facilities and infrastructure on the land described in the\nlease show that a significant part of the land will not be used\n\n(c) if the lease includes a building and development provision—the\ncommunity organisation’s proposed development of the land\ndescribed in the proposed lease will promote the shared use of\nfacilities on the land by other community organisations and the\nbroader community;\n(d) the community organisation, and any proposed sublessee, will\nuse the land described in the proposed lease in a way that is\nconsistent with the additional use of the land proposed by the\norganisation;\n(e) any other criteria the territory planning authority considers\nappropriate to assess the suitability of tenders for the proposed\nrelated body corporate, of a community organisation, means a related\nbody corporate under the Corporations Act.\n","sortOrder":68},{"sectionNumber":"68","sectionType":"section","heading":"Grant by tender—threshold criteria—Act, s 295 (1) (e)","content":"68 Grant by tender—threshold criteria—Act, s 295 (1) (e)\nThe following criteria (threshold criteria) are prescribed:\n(a) the person to whom the proposed lease is to be granted is a\ncommunity organisation;\n(b) the community organisation has the financial capacity and\nability to—\n(i) if the proposed lease includes a building and development\nprovision—develop the land described in the lease for the\nuse stated in the lease; and\n(ii) use the land for the use stated in the lease;\n(c) the community organisation’s constitution or rules are\nconsistent with the matters mentioned in paragraph (b) (i) and\n(ii);\n\n(d) the community organisation has experience and expertise in\ndoing the things mentioned in paragraph (b) (i) and (ii);\n(e) if the community organisation proposes to sublease the lease—\nthe sublessee has the ability to comply with the criteria\nmentioned in paragraphs (a) to (d).\n","sortOrder":69},{"sectionNumber":"69","sectionType":"section","heading":"Tender process—assessment of tenders—Act,","content":"69 Tender process—assessment of tenders—Act,\ns 295 (1) (d)\nIf the territory planning authority receives a tender for a community\nlease from a community organisation, the territory planning authority\nmust assess the suitability of the tender using—\n(a) the threshold criteria; and\n(b) the additional criteria in section 67 (2).\n\n","sortOrder":70},{"sectionNumber":"70","sectionType":"section","heading":"Lease classes for variation to pay out rent—Act,","content":"70 Lease classes for variation to pay out rent—Act,\ns 320 (1) (b)\nThe following classes of lease are prescribed:\n(a) rental leases granted for the full market rental value of the lease;\n(b) concessional leases, other than a concessional lease—\n(i) that is a recently commenced lease within the meaning of\nsection 73; or\n(ii) that is a recently commenced lease within the meaning of\nthe Planning and Development Regulation 2008\n(repealed), section 180; or\n(iii) granted to a community organisation under the Land\n(Planning and Environment) Act 1991 (repealed),\nsection 163 (Leases to community organisations).\n","sortOrder":71},{"sectionNumber":"71","sectionType":"section","heading":"Decision on rent payout lease variation application—Act,","content":"71 Decision on rent payout lease variation application—Act,\ns 321 (1)\nThe period of 20 working days is prescribed.\n\n","sortOrder":72},{"sectionNumber":"Div 12","sectionType":"division","heading":"2 Chargeable variations of nominal rent","content":"Division 12.2 Chargeable variations of nominal rent\n","sortOrder":73},{"sectionNumber":"72","sectionType":"section","heading":"Meaning of added value—div 12.2","content":"72 Meaning of added value—div 12.2\n(1) In this division:\nadded value, for the variation of a nominal rent lease, means the\namount worked out as follows:\nV1−V2\nV1—see the Act, section 332 (2).\nV2—see the Act, section 332 (2).\n","sortOrder":74},{"sectionNumber":"73","sectionType":"section","heading":"Meaning of recently commenced lease—div 12.2","content":"73 Meaning of recently commenced lease—div 12.2\n(1) In this division:\nrecently commenced lease, in relation to the variation of a lease,\nmeans—\n(a) a lease that commenced not more than 5 years before the\napplication for the variation is made; or\n(b) a further lease granted under the Act, section 289 following the\nsurrender of a lease that commenced not more than 5 years\n(c) a lease regranted following the surrender of a lease if—\n(i) the regranted lease includes all or part of the land described\nin the surrendered lease and is not in a future urban area;\nand\n(ii) the surrendered lease commenced not more than 5 years\n\n(d) a market value lease granted following the surrender of a\nconcessional lease if—\n(i) the market value lease is granted to the same lessee as the\nsurrendered lease; and\n(ii) the surrendered lease commenced not more than 5 years\n(e) a lease granted following the surrender of 2 or more leases of\nthe same size if any of the leases commenced not more than\n5 years before the application for the variation is made; or\n(f) a lease granted following the surrender of 2 or more leases of at\nleast 2 different sizes if the largest lease commenced not more\nthan 5 years before the application for the variation is made.\nlargest lease, of the surrendered leases, means the lease, or any of the\nleases, with the largest area.\nregrant, of a surrendered lease, means the grant of a new lease,\nsubject to different provisions, to the same lessee as the surrendered\n","sortOrder":75},{"sectionNumber":"74","sectionType":"section","heading":"Exempt variations—Act, s 327, def chargeable variation,","content":"74 Exempt variations—Act, s 327, def chargeable variation,\npar (c)\n(1) The following are prescribed:\n(a) a variation of a holding lease;\n(b) a variation to authorise the use of the land under the lease for a\nsecondary residence;\n(c) a variation of a perpetual Crown lease held by the University of\nCanberra;\n\n(d) a variation, if the only effect of the variation is to—\n(i) authorise the use of the land under the lease for a childcare\ncentre; or\n(ii) do both of the following:\n(A) authorise the use of the land under the lease for a\nchildcare centre;\n(B) limit the maximum number of children provided care\nin the childcare centre permitted under the lease; or\n(iii) increase the maximum number of children provided care in\nthe childcare centre permitted under the lease; or\n(iv) increase the maximum gross floor area of any building or\nother structure permitted for use as a childcare centre on\nthe land under the lease.\nchildcare centre—see the Children and Young People Act 2008,\nsection 733 (1).\nholding lease—see the Districts Act 2002, section 7 (7).\n","sortOrder":76},{"sectionNumber":"75","sectionType":"section","heading":"Standard chargeable variations—Act, s 327, def standard","content":"75 Standard chargeable variations—Act, s 327, def standard\nchargeable variation\n(1) The following chargeable variations are prescribed:\n(a) if a development application relates to the chargeable variation\nof only 1 residential lease—a variation to increase the number\nof dwellings permitted on the land under the lease;\n(b) if a development application relates to the chargeable variation\nof only 1 residential lease—a variation to limit the number of\ndwellings permitted on the land under the lease;\n\n(c) if a development application relates to the chargeable variation\nof only 1 non-residential lease—a chargeable variation of the\nlease that—\n(i) increases or limits the number of dwellings permitted on\nthe land under the lease; or\nfor non-residential use on the land under the lease;\n(d) the consolidation of 2 or more nominal rent leases;\n(e) the subdivision of 1 or more nominal rent leases;\n(f) if 2 or more nominal rent leases are consolidated—a variation\nthat—\n(i) increases the number of dwellings permitted on the land\nunder the consolidated lease; or\nfor non-residential use on the land under the consolidated\n(g) if 1 or more nominal rent leases are subdivided—a variation\nthat—\n(i) increases the number of dwellings permitted on the land\nunder the subdivided lease; or\nfor non-residential use on the land under the subdivided\n(h) if the development application relates to a retirement complex—\na variation to increase the maximum number of—\n(i) self-care units in the complex permitted under the lease; or\n\n(ii) care beds in the complex permitted under the lease;\n(i) if a nominal rent lease authorises an incorporated association to\nuse the land in the lease for a stated purpose—a variation to\nremove the reference in the lease to the association in relation to\nthe stated purpose;\n(j) a variation to limit the number of non-residential units (however\ndescribed) permitted on the land under a non-residential lease.\nExample—par (a)\na variation of a nominal rent lease to increase the maximum number of residential\nunits permitted on the land under the lease from 20 units to 40 units\nExample—par (b)\nA lease permits land to be used for residential purposes but does not state any limit\non the number of permitted residences on the land. The lessee proposes to subdivide\nthe land under the Unit Titles Act 2001. That Act, s 20 (4) does not allow the lease\nto be subdivided unless the lease provides for the number of dwellings on the land.\nThe lessee must vary the lease to limit the number of dwellings permitted on the\nland before subdividing the land.\nExample—par (i)\nA lease authorises an incorporated association to use land for office\naccommodation. The lessee applies for development approval to vary the lease to\nremove the reference to the association so that the lease may be used for office\naccommodation by anyone.\nExample—par (j)\nA non-residential lease authorises commercial use of the land under the lease but\ndoes not limit the number of permitted buildings, units or other structures on the\nland. The lessee proposes to subdivide the land under the Unit Titles Act 2001 and\nto develop a warehouse on the land into commercial and retail units. That Act, s 20\n(4) does not allow the lease to be subdivided unless the lease states the number of\nunits (however described) permitted on the land. The lessee must vary the lease to\nlimit the number of units permitted on the land before subdividing the land.\ncare bed, in a retirement complex, means a bed used by a person\n55 years old or older who requires residential care services under the\nAged Care Act 1997 (Cwlth).\n\nconsolidated lease means a lease granted during a consolidation\ninvolving the surrender of 1 or more nominal rent leases.\nincorporated association means an association incorporated under\nthe Associations Incorporation Act 1991 or a law of another\njurisdiction corresponding, or substantially corresponding, to that\nAct.\nnon-residential lease means a lease other than a residential lease\nunder the Act, section 257.\nretirement complex means premises used for—\n(a) permanent residential accommodation for people 55 years old or\nolder, in self-care units; and\n(b) one or more of the following:\n(i) a hostel;\n(ii) a nursing home.\nNote Self-care units that are part of a retirement complex may also be within\nthe meaning of ‘retirement village’ in the territory plan.\nself-care unit, in a retirement complex, means a unit for use by a\nperson 55 years old or older who is not provided, as a condition of\noccupancy of the unit, residential care or similar services (excluding\naccess to facilities or services provided within the complex).\nExamples—facilities or services provided within the complex\ngymnasium, medical centre, swimming pool, therapy room, kiosk facility\nsubdivided lease means a lease granted during a subdivision\ninvolving the surrender of 1 or more nominal rent leases.\n\n","sortOrder":77},{"sectionNumber":"76","sectionType":"section","heading":"Combination of standard and non-standard chargeable","content":"76 Combination of standard and non-standard chargeable\nvariations—Act, s 330 (c)\nThe lease variation charge is the total of—\n(a) for each standard chargeable variation for which a charge is\ndetermined under the Act, section 331—the determined charge\nfor the variation; and\n(b) for each non-standard chargeable variation—the charge worked\nout under the Act, section 332 for the variation.\n","sortOrder":78},{"sectionNumber":"77","sectionType":"section","heading":"Appointment of independent valuer—Act, s 336 (4) (b) (ii)","content":"77 Appointment of independent valuer—Act, s 336 (4) (b) (ii)\nThe president of the ACT division of the Australian Property Institute\nLimited ACN 608 309 128 is prescribed.\n","sortOrder":79},{"sectionNumber":"78","sectionType":"section","heading":"Requirements for independent valuer—Act, s 336 (4) (c)","content":"78 Requirements for independent valuer—Act, s 336 (4) (c)\nA valuer preparing an independent valuation must be a current\nmember of the Australian Property Institute Limited\nACN 608 309 128.\n","sortOrder":80},{"sectionNumber":"79","sectionType":"section","heading":"Increase of lease variation charge for concessional","content":"79 Increase of lease variation charge for concessional\nleases—Act, s 339 (1)\n(1) The variation of a concessional lease is prescribed if—\n(a) the variation is for a use other than a community lease use; or\n(b) the lease was not granted to the housing commissioner for a term\nbeginning before 17 December 1987; or\n(c) if the lease as varied is a consolidated or subdivided\nconcessional lease—\n(i) the lease is a recently commenced lease; and\n(ii) the amount payable under section 80 in relation to the\nvariation is less than the amount payable under this section\nfor the variation.\n\n(2) The lease variation charge for the variation must be increased by an\namount equal to 25% of the added value for the variation.\nconsolidated or subdivided concessional lease—see the Act,\nsection 258 (4).\nNote See the Act, s 339 (2) for when this section commences.\n","sortOrder":81},{"sectionNumber":"80","sectionType":"section","heading":"Increase of lease variation charge for recently","content":"80 Increase of lease variation charge for recently\ncommenced leases—Act, s 339 (1)\n(1) The variation of a recently commenced lease is prescribed if—\n(a) the variation is not only to correct an error in the surrendered\nlease; or\n(b) the lease is a concessional lease and the amount payable under\nsection 79 in relation to the variation is less than the amount\npayable under this section for the variation.\n(2) The lease variation charge for the variation must be increased by an\namount equal to 25% of the added value for the variation.\nNote See the Act, s 339 (2) for when this section commences.\n\nDischarge amounts for rural leases Part 13\n","sortOrder":82},{"sectionNumber":"Part 13","sectionType":"part","heading":"Discharge amounts for rural","content":"Part 13 Discharge amounts for rural\n","sortOrder":83},{"sectionNumber":"81","sectionType":"section","heading":"Definitions—pt 13","content":"81 Definitions—pt 13\nearlier index number, in relation to a lease, means—\n(a) the index number published before the lease commenced; or\n(b) if the Australian statistician changes the reference base for the\nconsumer price index after the lease commenced but before the\ncalculation under this part of the later index number for the\nlease—the index number that would have been applicable if the\nnew reference base had been in effect when the lease\ncommenced.\nexcluded amount, in relation to a lease, means the value of any\nlessee-owned improvements to the land described in the lease.\nindex number—\n(a) means the All Groups Consumer Price Index number published\nby the Australian statistician from time to time; but\n(b) does not include a substituted index number published by the\nAustralian statistician if the substituted index number for a\nperiod has been recalculated for a reason other than a change in\nthe reference base for the All Groups Consumer Price Index.\nspecial Pialligo lease means a lease of the district of Majura,\nsection 2, block 6, 12, 13, 14, 15, 19, 20 or 52.\n\n","sortOrder":84},{"sectionNumber":"82","sectionType":"section","heading":"Discharge amount for rural leases other than special","content":"82 Discharge amount for rural leases other than special\nPialligo leases—Act, s 349, def discharge amount\n(1) The discharge amount in relation to a dealing with a rural lease, other\nthan a defined rural lease, is the amount worked out as follows:\nlast amount − indexed first amount\n2 + owed amount\n(2) The discharge amount in relation to a dealing with a defined rural\nlease is the owed amount plus $10 for each year, or part of a year, of\nthe remainder of the holding period for the lease.\n(3) This section does not apply to a dealing with a special Pialligo lease.\ndefined rural lease means a rural lease—\n(a) for a term shorter than 21 years; and\n(b) that commenced at least 2 years before the discharge amount is\npaid.\nfirst amount means—\n(a) for a nominal rent lease—the consideration for the lease when it\nwas granted less the excluded amount; or\n(b) for a lease granted for a term shorter than 21 years—the value\nof the lease when it was granted less the excluded amount; or\n(c) for any other lease—the consideration for the lease when it was\ngranted plus any amount to be paid under the lease less the\nindexed first amount means the amount worked out as follows:\nfirst amount × later index number\nearlier index number\n\nDischarge amounts for rural leases Part 13\nlast amount, in relation to a dealing with a lease, means—\n(a) the market value of the lease less the excluded amount if—\n(i) there is no consideration for the dealing; or\n(ii) the dealing relates only to part of the land described in the\nlease; or\n(iii) the consideration for the dealing is less than the market\nvalue of the lease; or\n(b) in any other case—the consideration for the dealing less the\nlater index number, in relation to a lease, means the last index\nnumber published before the last amount is worked out for the lease.\nowed amount, in relation to a dealing with a lease, means—\n(a) for a lease for a term shorter than 21 years—any rent plus\ninterest payable under the lease on the day of the dealing with\nthe lease; or\n(b) for a lease for a term of 21 years or longer—any amount\nremaining to be paid under the lease, even if the amount is not\nyet owing.\n","sortOrder":85},{"sectionNumber":"83","sectionType":"section","heading":"Discharge amount for special Pialligo leases—Act, s 349,","content":"83 Discharge amount for special Pialligo leases—Act, s 349,\ndef discharge amount\n(1) The discharge amount for a special Pialligo lease that commenced\nless than 1 year before the discharge amount is paid is the amount\nworked out as follows:\namount paid + owed amount\n\n(2) The discharge amount for a special Pialligo lease that commenced at\nleast 1 year before the discharge amount is paid is the amount worked\nout as follows:\namount paid − (cpi adjusted amount × whole years\n10 ) + owed amount\namount paid means—\n(a) for a nominal rent lease—the consideration for the lease when it\nwas granted less the excluded amount; or\n(b) for any other lease—the consideration for the lease when it was\ngranted plus any amount to be paid under the lease less the\ncpi adjusted amount means the amount worked out as follows:\namount paid × later index number\nearlier index number\nlater index number, in relation to a lease, means the last index\nnumber published before the discharge amount for the lease is paid.\nowed amount, in relation to a lease, means any amount remaining to\nbe paid under the lease, even if the amount is not yet owing.\nwhole years, in relation to a lease, means the number of whole years\nsince the lease commenced.\n\nPayment of amount on surrender or termination of leases—certain leases Division 14.1\nPart 14 Surrendering and terminating\nDivision 14.1 Payment of amount on surrender or\ntermination of leases—certain leases\n84 Application—div 14.1\n(1) This division applies to the following leases:\n(a) a residential lease granted for not more than 3 residential\ndwellings;\n(b) a lease granted to a community organisation;\n(c) a lease terminated for breach of a building and development\nprovision.\n(2) However, this division does not apply to a lease surrendered under—\n(a) the LAIE buyback program; or\n(b) the eligible impacted property buyback program.\neligible impacted property buyback program—see the Civil Law\n(Sale of Residential Property) Act 2003, section 9A (1).\n","sortOrder":86},{"sectionNumber":"85","sectionType":"section","heading":"Amount of refund on surrender or termination of certain","content":"85 Amount of refund on surrender or termination of certain\nleases—Act, s 364 (2)\nThe prescribed amount is the lesser of the following amounts:\n(a) the amount paid for the grant or transfer of the lease to the lessee\nless any amount payable to, or incurred by, the Territory under\nsection 86;\n(b) the market value of the unimproved value of the land described\nin the lease less any amount payable to, or incurred by, the\nTerritory under section 86.\n\n","sortOrder":87},{"sectionNumber":"86","sectionType":"section","heading":"Requirements for refund on surrender or termination of","content":"86 Requirements for refund on surrender or termination of\nleases—Act, s 364 (3)\nThe territory planning authority may pay an amount mentioned in\nsection 85 if—\n(a) the application for payment is made by the lessee—\n(i) before the period for the lease’s building and development\nprovision has ended; or\n(ii) because the lease has been terminated; and\n(b) the territory planning authority is satisfied that it is not\nappropriate to approve a transfer of the lease under the Act,\nsection 371 or section 372; and\n(c) all outstanding amounts payable to the Territory in relation to\nthe lease (including rates, land tax, stamp duty and land rent)\nhave been paid; and\n(d) all amounts incurred by the Territory in relation to the surrender\nor termination of the lease have been paid.\n","sortOrder":88},{"sectionNumber":"Div 14","sectionType":"division","heading":"2 Payment of amount on surrender of","content":"Division 14.2 Payment of amount on surrender of\nleases—LAIE buyback program\n","sortOrder":89},{"sectionNumber":"87","sectionType":"section","heading":"Definitions","content":"87 Definitions\n(1) In this regulation:\naffected lease means a lease of land on which there are improvements\nincluding affected residential premises.\naffected residential premises means—\n(a) residential premises that contain, or have contained, loose-fill\nasbestos insulation; or\n(b) premises listed on the affected residential premises register.\n\nloose-fill asbestos insulation—see the Dangerous Substances\nAct 2004, section 47I.\nloose-fill asbestos insulation eradication buyback program\n(or LAIE buyback program) means the program involving the\nsurrender to the Territory of affected leases.\nLAIE buyback program valuation procedure means the procedure\nset out in schedule 3.\nresidential premises means premises, or a part of premises, that are a\nclass 1 or class 2 building.\n","sortOrder":90},{"sectionNumber":"88","sectionType":"section","heading":"Payment amount—contract entered before","content":"88 Payment amount—contract entered before\n19 February 2014—Act, s 364 (2)\n(a) a lessee entered into a contract for sale to purchase land\ndescribed in an affected lease before 19 February 2014; and\n(b) the contract is completed before 29 October 2014; and\n(b) the amount payable to the lessee under the Act, section 358\n(Authority must pay for certain improvements).\n\n","sortOrder":91},{"sectionNumber":"89","sectionType":"section","heading":"Payment amount—contract entered after 18 February 2014","content":"89 Payment amount—contract entered after 18 February 2014\nand completed before 29 October 2014—Act, s 364 (2)\n(a) a lessee entered into a contract for sale of land described in an\naffected lease after 18 February 2014; and\n(b) the contract for sale was completed before 29 October 2014; and\n(b) the amount payable to the lessee under the Act, section 358\n(Authority must pay for certain improvements).\n(3) However, subsection (4) applies if—\n(a) a lessee makes a submission to the territory planning authority\nbefore surrendering the affected lease, stating that the lessee\nundertook improvements to the land after the day the contract\nfor sale was completed and before 29 October 2014\n(the after-purchase improvements); and\n(b) the territory planning authority is satisfied that the\nafter-purchase improvements have had a significant effect on the\nvalue of the affected lease including improvements.\n(4) The prescribed amount is the greater of the following amounts:\n(a) the amount of the purchase price set out in the contract for sale,\nplus the value of the after-purchase improvements;\n\n","sortOrder":92},{"sectionNumber":"90","sectionType":"section","heading":"Payment amount—contract entered after 18 February 2014","content":"90 Payment amount—contract entered after 18 February 2014\nand completed after 28 October 2014—Act, s 364 (2)\n(a) a lessee entered into a contract for sale of land described in an\naffected lease after 18 February 2014 but before\n28 October 2014; and\n(b) the contract for sale is completed after 28 October 2014; and\n","sortOrder":93},{"sectionNumber":"91","sectionType":"section","heading":"Payment amount—lease acquired before 18 February 2014","content":"91 Payment amount—lease acquired before 18 February 2014\nother than by contract—Act, s 364 (2)\n(1) This section applies if a lessee—\n(a) before 19 February 2014, acquired an interest in land described\nin an affected lease other than by entering into a contract for\nsale; and\n(b) surrenders the affected lease under the LAIE buyback program.\n\n","sortOrder":94},{"sectionNumber":"92","sectionType":"section","heading":"Payment amount—lease acquired after 18 February 2014","content":"92 Payment amount—lease acquired after 18 February 2014\nother than by contract, and transferor acquired lease\nbefore 18 February 2014—Act, s 364 (2)\n(a) a person (the transferor) acquired an interest in land described\nin an affected lease before 19 February 2014; and\n(b) after 18 February 2014, a lessee acquires from the transferor an\ninterest in the land other than by entering into a contract for sale;\nand\n93 Payment amount—lease acquired after 18 February 2014\nother than by contract, and transferor acquired lease\nafter 18 February 2014—Act, s 364 (2)\n(a) a person (the transferor) entered into a contract for sale of land\ndescribed in an affected lease after 18 February 2014 but before\n28 October 2014; and\n(b) after 18 February 2014, a lessee acquires from the transferor an\ninterest in the land other than by entering into a contract for sale;\nand\n\n(3) However, subsection (4) applies if—\n(a) a lessee makes a submission to the territory planning authority\nbefore surrendering the affected lease, stating that the transferor\nor lessee undertook improvements to the land after the day the\ntransferor completed the contract for sale and before\n29 October 2014 (the after-purchase improvements); and\n(b) the territory planning authority is satisfied that the\nafter-purchase improvements have had a significant effect on the\nvalue of the affected lease including improvements.\n(4) The prescribed amount is the greater of the following amounts:\n(a) the amount of the purchase price set out in the contract for sale,\nplus the value of the after-purchase improvements;\n","sortOrder":95},{"sectionNumber":"94","sectionType":"section","heading":"Requirements for refund on surrender of leases—LAIE","content":"94 Requirements for refund on surrender of leases—LAIE\nbuyback program—Act, s 364 (3)\nThe territory planning authority may pay an amount mentioned in\nsections 88 to 93 only if all outstanding amounts payable to the\nTerritory in relation to the lease (including rates, land tax, stamp duty\nand land rent) have been paid.\n\n","sortOrder":96},{"sectionNumber":"95","sectionType":"section","heading":"Payment amount under this division includes payment","content":"95 Payment amount under this division includes payment\nfor improvements\nAn amount paid to a lessee under any of the following provisions is\ntaken to include any payment the territory planning authority may be\nliable to pay to the lessee under the Act, section 358 (Authority must\npay for certain improvements) in relation to the surrender:\n(a) section 88 (2) (a);\n(b) section 89 (2) (a) and (4) (a);\n(c) section 90 (2) (a);\n(d) section 91 (2) (a);\n(e) section 92 (2) (a);\n(f) section 93 (2) (a) and (4) (a).\n\n","sortOrder":97},{"sectionNumber":"Part 15","sectionType":"part","heading":"Leases with building and","content":"Part 15 Leases with building and\ndevelopment provisions\n","sortOrder":98},{"sectionNumber":"96","sectionType":"section","heading":"Meaning of noncompliance period—pt 15","content":"96 Meaning of noncompliance period—pt 15\nnoncompliance period means the total period during which works are\nnot completed as required by a building and development provision.\n","sortOrder":99},{"sectionNumber":"97","sectionType":"section","heading":"Approval of transfer for personal reasons—Act,","content":"97 Approval of transfer for personal reasons—Act,\ns 371 (2) (a)\n(1) The following are prescribed:\n(a) mental or physical illness or trauma to the lessee, or a member\nof the lessee’s immediate family, after the purchase of the lease\nthat has a demonstrable effect on the lessee’s ability to develop\nthe lease;\n(b) the lessee moving to a place interstate or overseas because the\nlessee’s or the lessee’s domestic partner’s employment is or will\nbe at the place;\n(c) the lessee, or the lessee’s domestic partner, has been\nunemployed for at least 3 months before the request for the\nassignment or transfer of the lease is made, if the lessee satisfies\nthe territory planning authority that reasonable attempts have\nbeen made to obtain alternative employment.\n(2) For subsection (1) (a), the territory planning authority must consider\nany medical certificate by a doctor about the mental or physical\nillness or trauma.\n\nimmediate family, of a lessee, means—\n(a) the lessee’s domestic partner; or\n(b) a parent or sibling of the lessee; or\n(c) an adult child of the lessee; or\n(d) another relative of the lessee who is a member of the same\nhousehold as the lessee; or\n(e) a sole or primary carer who is living with a person mentioned in\nparagraphs (a) to (d).\n","sortOrder":100},{"sectionNumber":"98","sectionType":"section","heading":"Considerations for transfer of leases—Act, s 373","content":"98 Considerations for transfer of leases—Act, s 373\nThe following matters are prescribed:\n(a) the proposed transferee’s financial ability to comply with the\nlease’s building and development provision;\n(b) the proposed transferee’s history of compliance with building\nand development provisions in relation to leases in which the\nproposed assignee or transferee has, or has had, an interest;\n(c) the lessee’s history of compliance with building and\ndevelopment provisions in relation to leases in which the lessee\nhas, or has had, an interest;\n(d) the time remaining for compliance with the lease’s building and\ndevelopment provision when the application to the territory\nplanning authority for its approval of the transfer of the lease is\nmade;\n(e) a written undertaking from the proposed transferee that the\ntransferee will comply with the lease’s building and\ndevelopment provision.\n\n","sortOrder":101},{"sectionNumber":"99","sectionType":"section","heading":"Noncompliance fee—Act, s 374 (2)","content":"99 Noncompliance fee—Act, s 374 (2)\n(1) For each year, or part year, of the noncompliance period, the lessee\nmust pay the amount worked out as follows:\nA × days\n365 × rates\nA means—\n(a) for the 1st to 4th year of the noncompliance period—0; and\n(b) for the 5th or later year of the noncompliance period—1.\ndays means—\n(a) for a year—365; or\n(b) for a part year—the number of days in the part year.\nrates means the amount of rates imposed under the Rates Act 2004,\nsection 14 in relation to the land described in the lease for the\nfinancial year in which the noncompliance fee is worked out.\nLyndall’s lease includes a building and development provision requiring the works\nto be completed by 1 July 2025, but the works are not completed in time.\nThe works are eventually completed on 1 January 2030 (4 years and 184 days late).\nNo fee is payable for the first 4 years of the noncompliance period (until\n1 July 2029). Rates for the 2029-30 financial year are $5 000. Lyndall is liable to\npay the following noncompliance fee:\n1 × 184\n365 × 5 000 = $2 520.55\nNote The noncompliance fee may be waived under the Financial Management\nAct 1996, s 131.\n\n","sortOrder":102},{"sectionNumber":"100","sectionType":"section","heading":"Application for reduction or waiver for hardship—Act,","content":"100 Application for reduction or waiver for hardship—Act,\ns 374 (4)\n(1) A lessee may apply to the territory planning authority for a reduction\nor waiver of a noncompliance fee if—\n(a) the lessee is an individual; and\n(b) any of the following reasons (a hardship reason) apply:\n(i) the lessee, or someone on whom the lessee is financially\ndependent, has a medical condition that prevents full-time\nemployment;\n(ii) the lessee, or someone on whom the lessee is financially\ndependent, is unemployed;\n(iii) the lessee, or someone on whom the lessee is financially\ndependent, is bankrupt or personally insolvent;\n(iv) someone on whom the lessee is financially dependent has\ndied;\n(v) an unforeseen major event outside the lessee’s control\nhappened after the lessee was granted the lease, and the\nevent has had a demonstrable effect on the lessee’s ability\nto develop the land described in the lease.\nExamples—unforeseen major event\n1 a bushfire\n2 large increase in interest rates\n(2) However, a lessee may not apply for a reduction or waiver of a\nnoncompliance fee—\n(a) in relation to multiple incomplete works at a time; or\n(b) if the lessee has received a reduction or waiver of a\nnoncompliance fee for a hardship reason in relation to another\nlease within 5 years of making the application.\n\n(3) The application must be in writing and be accompanied by evidence\nof the hardship reason.\nmedical condition includes a physical or mental illness or disability.\n","sortOrder":103},{"sectionNumber":"101","sectionType":"section","heading":"Decision on application for reduction or waiver for","content":"101 Decision on application for reduction or waiver for\nhardship—Act, s 374 (4)\n(1) On application under section 100, the territory planning authority\nmay reduce or waive a noncompliance fee only if satisfied that—\n(a) a hardship reason applies to the lessee; and\n(b) the reduction or waiver is necessary because of the hardship\nreason.\n(2) In satisfying itself under subsection (1) (a), the territory planning\nauthority may, in writing, ask the applicant for further evidence or\nother information in relation to the application.\n(4) In deciding to reduce a noncompliance fee, the territory planning\nauthority may allow the reduced fee to be paid in instalments.\nhardship reason—see section 100 (1) (b).\n\n","sortOrder":104},{"sectionNumber":"102","sectionType":"section","heading":"Application for waiver for lease transferred or assigned in","content":"102 Application for waiver for lease transferred or assigned in\nspecial circumstances—Act, s 374 (4)\n(1) A lessee, or if the lessee has died, the lessee’s estate, may apply to the\nterritory planning authority for a waiver of a noncompliance fee if the\nlease was transferred or assigned in any of the following\ncircumstances (a special circumstance):\n(a) the lessee has died;\n(b) the transfer or assignment is made under any of the following\norders:\n(i) an order of the Family Court;\n(ii) an order of another court having jurisdiction under the\nFamily Law Act 1975 (Cwth);\n(iii) an order under the Domestic Relationships Act 1994,\ndivision 3.2 adjusting the property interests of the parties\nin a domestic relationship;\n(c) the transfer or assignment happened by operation of, or under,\nbankruptcy or insolvency;\n(d) the transfer or assignment happened in the exercise by an ADI\nor finance company of a power of sale under the Land Titles\nAct 1925, section 94 that arose from a default in payment by the\nlessee.\n(2) The application must be in writing and be accompanied by evidence\nof the special circumstance.\n","sortOrder":105},{"sectionNumber":"103","sectionType":"section","heading":"Decision on application for waiver for lease transferred or","content":"103 Decision on application for waiver for lease transferred or\nassigned in special circumstances—Act, s 374 (4)\n(1) On application under section 102, the territory planning authority\nmay waive a noncompliance fee only if satisfied that the lease to\nwhich the application applies was transferred or assigned in special\ncircumstances.\n\n(2) In satisfying itself under subsection (1), the territory planning\nauthority may, in writing, ask for further evidence or other\ninformation in relation to the application.\n(4) The period for which a waiver may be approved must not be longer\nthan the period for completing the works under the building and\ndevelopment provision when the lease to which the application relates\nwas granted.\nspecial circumstance—see section 102 (1).\n","sortOrder":106},{"sectionNumber":"104","sectionType":"section","heading":"Application for waiver for external reason—Act, s 374 (4)","content":"104 Application for waiver for external reason—Act, s 374 (4)\n(1) A lessee may apply to the territory planning authority for a waiver of\na noncompliance fee if the lessee is unable to complete the works\nrequired under the building and development provision for the lease\nbecause of any of the following reasons (an external reason):\n(a) road or traffic infrastructure to be provided by the Territory is\nnot complete;\n(b) a sewerage, electricity, water or gas service to be provided by\nthe Territory is not installed or connected;\n(c) a delay in obtaining statutory approval required for the works,\nother than a delay caused wholly or partly by—\n(i) the lessee; or\n\n(ii) a decision to refuse, or impose a condition on, a statutory\napproval required for the works.\nExample—acceptable delay\na third party applies for review of a decision on a development application\nExample—delay caused by lessee\na development application does not comply with all of the requirements in\nthe Act, s 166\n(2) The application must be in writing and be accompanied by evidence\nof the external reason.\n","sortOrder":107},{"sectionNumber":"105","sectionType":"section","heading":"Decision on application for waiver for external reason—","content":"105 Decision on application for waiver for external reason—\nAct, s 374 (4)\n(1) On application under section 104, the territory planning authority\nmay waive a noncompliance fee only if satisfied that an external\nreason applies to the lessee.\n(2) In satisfying itself under subsection (1), the territory planning\nauthority may, in writing, ask for further evidence or other\ninformation in relation to the application.\nexternal reason—see section 104 (1).\n\nControlled activities Part 16\nUnclean leaseholds Division 16.1\n","sortOrder":108},{"sectionNumber":"105A","sectionType":"section","heading":"Application—div 16.1","content":"105A Application—div 16.1\nThis division applies if—\n(a) a person has made a complaint to the territory planning authority\nin accordance with the Act, section 414 (Form of complaints);\nand\n(b) the controlled activity to which the complaint relates is that\nanother person was, is or will be failing to keep a leasehold\nclean.\n","sortOrder":109},{"sectionNumber":"105B","sectionType":"section","heading":"Investigation of complaint about unclean leasehold","content":"105B Investigation of complaint about unclean leasehold\n(1) When investigating a complaint under the Act, section 417, the\nterritory planning authority may undertake any of the following steps:\n(a) view the leasehold from a public place near the leasehold;\n(b) consider whether there are items on the leasehold that can be\nseen from the public place;\n(c) consider whether the items are of a kind that must be removed\nto clean up the leasehold;\n(d) consider whether the volume of the items is at a level that must\nbe reduced to clean up the leasehold;\n(e) consider whether the items detract from the use or enjoyment of\nthe surrounding area of the leasehold;\n(f) consider any other matter the territory planning authority\nconsiders relevant.\n\n(2) For subsection (1) (c)—\n(a) items of a kind that must be removed to clean up the leasehold\ninclude the following:\n(i) builders spoil;\nExample—builders spoil\nleftover material from renovations\n(ii) car bodies;\n(iii) furniture;\n(iv) household appliances;\n(v) machinery or parts of machinery;\n(vi) parts of vehicles;\n(vii) scrap material;\n(viii) graffiti, litter or vegetation, if the graffiti, litter or\nvegetation accompanies an item of a kind that must be\nremoved to clean up the leasehold;\n(ix) unless otherwise permitted under a territory law—shipping\ncontainers; and\n(b) items of a kind that do not need to be removed to clean up the\nleasehold include the following:\n(i) registered vehicles;\n(ii) items stored in an approved structure on the leasehold;\n(iii) items that are permitted under a territory law to be on the\nleasehold;\nExample—item permitted on the leasehold\na shipping container permitted under the Planning (Exempt\nDevelopment) Regulation 2023\n\nControlled activities Part 16\nUnclean leaseholds Division 16.1\n(iv) items that are temporarily on the leasehold.\nExamples—items temporarily on the leasehold\n1 items on the leasehold being stored for an on-site construction\nproject that will be removed at the completion of the project\n2 a large waste bin used for the collection of litter that will be\nremoved after the litter has been collected\nlitter—see the Litter Act 2004, section 7.\npublic place—see the Litter Act 2004, dictionary.\n","sortOrder":110},{"sectionNumber":"105C","sectionType":"section","heading":"Referral of complaint to another entity","content":"105C Referral of complaint to another entity\n(1) If the territory planning authority is required to refer a complaint in\naccordance with the Act, section 419 (1) (b), the territory planning\nauthority must—\n(a) if the complaint is only about graffiti on a building or other\nstructure on the leasehold—refer the complaint to be dealt with\nby the administrative unit responsible for administering the\nPublic Unleased Land Act 2013; or\n(b) if the complaint is about insanitary conditions on the\nleasehold—refer the complaint to be dealt with by the\nadministrative unit responsible for administering the Public\nHealth Act 1997; or\n(c) if the complaint is about smoke, odour or noise coming from\nitems on the leasehold—refer the complaint to be dealt with by\nthe environment protection authority.\nExamples—noise\n1 operating heavy machinery on the leasehold which is in a residential\narea\n2 operating machinery on the leasehold after hours\n\ninsanitary condition—see the Public Health Act 1997, dictionary.\npublic place—see the Litter Act 2004, dictionary.\n","sortOrder":111},{"sectionNumber":"106","sectionType":"section","heading":"Time to decide application for controlled activity order—","content":"106 Time to decide application for controlled activity order—\nAct, s 426 (3)\nThe period prescribed is 20 working days.\n\nMiscellaneous Part 17\n","sortOrder":112},{"sectionNumber":"Part 17","sectionType":"part","heading":"Miscellaneous","content":"Part 17 Miscellaneous\n","sortOrder":113},{"sectionNumber":"107","sectionType":"section","heading":"Expiry of University of NSW lease provisions","content":"107 Expiry of University of NSW lease provisions\n(1) This section applies if a lease of land in the UNSW campus is not\ngranted to the University of NSW by 26 November 2028.\n(2) This section and the following provisions expire on\n26 November 2028:\n(a) section 39 (1), definitions of UNSW campus and UNSW\nprecinct deed;\n(b) section 41 (Meaning of UNSW campus and UNSW precinct\ndeed—pt 7);\n(c) section 42 (d) (Direct sales requiring approval by Executive—\nAct, s 266 (1) (a));\n(d) section 44 (4) (Direct sale criteria for non-government\neducational establishments—Act, s 266 (1) (a) (i));\n(e) section 47 (Direct sale criteria for UNSW campus land for\nUniversity of NSW—Act, s 266 (1) (a) (i));\n(f) section 56 (Required provisions in direct sale leases for UNSW\ncampus land—Act, s 269 (2));\n(g) dictionary, note 2, dot point mention of ‘University of NSW’;\n(h) dictionary, definitions of UNSW campus and UNSW precinct\ndeed.\n\n","sortOrder":114},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Development proposals","content":"Schedule 1 Development proposals\nrequiring environmental impact\nassessment\n(see s 12 and s 20)\n1.1 Definitions—sch 1\nIn this schedule:\ncity waste—\n(a) means—\n(i) domestic waste left for kerbside collection or taken directly\nto a waste station or transfer station; and\n(ii) waste produced from maintaining the environment, for\nexample, from street cleaning, emptying public rubbish\nbins and cleaning parks; but\n(b) does not include sewage.\nclearing native vegetation—see the Nature Conservation Act 2014,\nsection 234.\nconservation dependent species—see the Nature Conservation\nAct 2014, dictionary.\ncrest, of a water storage dam, means the highest point of the dam wall\nor embankment excluding any parapet, handrail or similar structure\non the wall or embankment.\n\nInterpretation—sch 1 Part 1.1\ncritically endangered species—\n(b) includes a species included in the critically endangered category\nof the list of threatened native species under the EPBC Act.\nendangered species—\n(b) includes a species included in the endangered category of the list\nof threatened native species under the EPBC Act.\nlisted migratory species—see the EPBC Act, section 528.\nlisted threatened ecological community—see the EPBC Act,\nsection 528.\nlowest point of the general foundations, of a water storage dam,\nmeans the point where the dam wall or embankment meets the lowest\npoint of the bed of the river or stream on the downstream side of the\nwall or embankment.\nmajor electricity storage facility means equipment and associated\nbuildings for electricity storage with a capacity of at least 5MW, or a\ngrid connection of at least 66kV.\nmajor road means a road with physically separated carriageways,\nwhich has at least 4 lanes (in either direction) and is at least 1km long.\nminor public works means—\n(a) maintenance of—\n(i) a road or car park; or\n(ii) a footpath, bicycle path, bicycle parking facility, walking\ntrack or other pedestrian area; or\nExamples—maintenance of other pedestrian area\ntree planting and repaving, reconstruction of kerbs and gutters\n\n(iii) a culvert or drainage line; or\n(b) bushland regeneration, landscaping, gardening, tree planting,\ntree maintenance, tree removal or fire fuel reduction or\nmaintenance of a fire trail; or\n(c) installation or maintenance of any of the following:\n(i) a water tank or trough, including a water meter attached to\nthe tank or trough;\n(ii) a fence;\n(iii) a stockyard;\n(iv) an erosion control structure;\na retaining wall\n(v) a sign;\n(vi) park furniture;\nbench seat or shelter\n(vii) small tower or support structure; or\nsmall tower housing a telemetry unit or solar panel\n(d) installation of a bollard, rock or log for habitat enhancement or\nto limit vehicle access.\nminor public works code—see the Nature Conservation Act 2014,\nsection 318A (1).\nnative vegetation, for an area—see the Nature Conservation\nAct 2014, section 232.\nnative vegetation area—see the Nature Conservation Act 2014,\nsection 233.\n\nInterpretation—sch 1 Part 1.1\nnormal operating level, of a reservoir formed by a water storage dam,\nmeans the full water supply level of the reservoir when not affected\nby flood.\nplacard quantity—see the Work Health and Safety Regulation 2011,\nprotected native species—see the Nature Conservation Act 2014,\nsection 110.\nprovisionally listed threatened species means a species included in\nthe provisional category in the threatened native species list under the\nNature Conservation Act 2014.\nRamsar wetland—see the Nature Conservation Act 2014,\nsection 190 (1).\nNote The Nature Conservation Act 2014, s 190 defines a Ramsar wetland to\nbe a declared Ramsar wetland under the EPBC Act, s 17.\nrecommended design flood has the same meaning as in the\nGuidelines on Dam Safety Management 2003, as published from time\nto time by the Australian National Committee on Large Dams\nIncorporated.\nNote The Guidelines on Dam Safety Management 2003 may be purchased at\nwww.ancold.org.au.\nregionally conservation dependent species—see the Nature\nConservation Act 2014, dictionary.\nregionally threatened species—see the Nature Conservation\nAct 2014, dictionary.\nregulated waste—see the Environment Protection Act 1997,\nschedule 1, section 1.1A.\nreserve—see the Nature Conservation Act 2014, section 169.\nschedule 11 hazardous chemical—see the Work Health and Safety\nRegulation 2011, dictionary.\n\nstatement of heritage effect—see the Heritage Act 2004,\nsection 61G (1).\nthreatened ecological community—\n(a) see the Nature Conservation Act 2014, section 67; and\n(b) includes a listed threatened ecological community.\nNote Threatened ecological communities are divided into the following\ncategories (see Nature Conservation Act 2014, s 69):\n• collapsed ecological communities;\n• critically endangered ecological communities;\n• endangered ecological communities;\n• vulnerable ecological communities;\n• provisionally listed threatened ecological communities.\nvulnerable species—\n(b) includes a species included in the vulnerable category of the list\nof threatened native species under the EPBC Act.\n\n","sortOrder":115},{"sectionNumber":"Part 1","sectionType":"part","heading":"2 Development proposals requiring","content":"Part 1.2 Development proposals requiring\nenvironmental impact\nassessment\nitem\n1 proposal for construction of a transport corridor\nincluding a major road, a dedicated bus way, a\nrailway, or a light rail corridor, on any land,\nother than land in a future urban area or transport\nand services zone, if the proposal is likely to\nhave a significant adverse environmental impact\non—\n(a) air quality so as to be detrimental to the\nhealth of people in an adjoining\nresidential, commercial or community\nfacility zone; or\n(b) ambient noise or vibration so as to be\ndetrimental to the health of people in an\nadjoining residential, commercial or\ncommunity facility zone\n\nitem\n2 proposal that involves—\n(a) electricity transmission line\nconstruction, including additions or\nrealignment works, exceeding 500m in\nlength, that are intended to carry\nunderground or above-ground\ntransmission lines with a voltage of\n132kV or more; or\n(b) a coal electricity generating station; or\n(c) an electricity generating station (other\nthan a coal electricity generating station)\nincluding gas, wind, hydroelectric,\ngeothermal, bio-material, solar power or\nco-generation that is capable of\nsupplying—\n(i) if the station generates\nelectricity from gas or gas and\nanother energy source—more\nthan 10MW of electrical power;\nor\n(ii) if the station generates\nelectricity from wind, solar,\nhydro, biomass or geothermal\nenergy sources—more than\n20MW of electrical power; or\n(d) an electricity generating station if the\ntemperature of water released from the\nstation into a body of water (other than\nan artificial body of water) is likely to\nvary by more than 2°C from the ambient\ntemperature of the body of water; or\n(e) a major electricity storage facility that is\ncapable of storing more than 150MW of\nelectrical power\n\nitem\n3 proposal for construction of a water storage\ndam—\n(a) that will be at least 15m high when\nmeasured from the lowest point of the\ngeneral foundations to the crest of the\ndam; or\n(b) that will be at least 10m high when\nmeasured from the lowest point of the\ngeneral foundations to the crest of the\ndam if—\n(i) the crest is not less than 500m\nin length; or\n(ii) the water storage capacity of\nthe reservoir formed by the\ndam at normal operating level\nis at least 1 000 000m3; or\n(iii) the recommended design flood\ndischarge dealt with by the dam\nis at least 2 000m3 per second\n4 proposal for construction of a water storage\ndam—\n(a) in the river corridor zone under the\nterritory plan; or\n(b) on a continuously flowing river in a\nnon-urban zone under the territory plan\n5 proposal for construction of an airport or airfield\n(other than a helicopter landing facility used\nexclusively for emergency services purposes,\nincluding medical evacuation, firefighting,\nretrieval or rescue)\n\nitem\n6 proposal for construction of a wastewater\ntreatment plant (including a plant for the\ntreatment of sewage or other effluent) that—\n(a) will be less than 1km from the boundary\nof a residential block or residential unit\nin a residential or commercial zone; or\n(b) will be able to treat each day more\nthan—\n(i) 2 500 people equivalent\ncapacity; or\n(ii) 750kL; or\n(c) will have capacity to store more than 1kt\nof sewage, sludge or effluent; or\n(d) will incinerate sewage or sewage\nproducts; or\n(e) will have a capacity to treat more than\n100ML of wastewater (excluding\nstormwater) each year; but\n(f) is not—\n(i) a plant for the treatment of\nstormwater; or\n(ii) a small-scale wastewater\ntreatment plant (including a\nplant for the treatment of\nsewage or other effluent); or\n(iii) a residential on-site wastewater\ntreatment system (including a\nseptic tank)\n\nitem\n7 proposal for expansion of an existing wastewater\ntreatment plant (including a plant for the\ntreatment of sewage or other effluent) that—\n(a) will increase the plant’s ability to treat\neach day by more than—\n(i) 2 500 people equivalent\ncapacity; or\n(ii) 750kL; or\n(b) will increase the plant’s capacity to store\nsewage, sludge or effluent by more than\n1kt; or\n(c) will increase the plant’s capacity to treat\nwastewater (excluding stormwater) by\nmore than 100ML each year; but\n(d) is not—\n(i) a plant for the treatment of\nstormwater; or\n(ii) a small-scale wastewater\ntreatment plant (including a\nplant for the treatment of\nsewage or other effluent); or\n(iii) a residential on-site wastewater\ntreatment system (including a\nseptic tank)\n8 proposal for construction of a petroleum storage\nfacility with a storage capacity greater than\n500kL of petroleum products at 1 time\n9 proposal for construction of a permanent venue\nfor the conduct of motor racing events\n\nitem\n10 proposal for beginning a use of land for a\ncommercial landfill facility, other than for the\ndisposal of virgin excavated natural material (or\nother earth and rock fill that is inert waste) if—\n(a) the intended capacity of the facility is\nmore than 5kt each year, or 20kt in total;\nor\n(b) the facility will be—\n(i) in an area with a high water\ntable, highly permeable soils,\nsodic soils or saline soils; or\n(ii) less than 2km from the\nboundary of a residential block\nor residential unit in a\nresidential or commercial zone\n11 proposal for expansion of an existing commercial\nlandfill facility, other than for the disposal of\nvirgin excavated natural material (or other earth\nand rock fill that is inert waste) if the increased\ncapacity of the facility is more than 5kt each\nyear, or 20kt in total\n12 proposal for the construction of a waste\nmanagement facility that is—\n(a) an incineration facility for the\ndestruction by thermal oxidation of\nwaste including biological, veterinary,\nmedical, clinical, dental, quarantine and\ncity waste; or\n(b) for the sterilisation of clinical waste; or\n(c) for the storage, treatment, disposal,\nprocessing, recycling, recovery, use or\nreuse of regulated waste\n\nitem\n13 proposal for a waste transfer station or recycling\nfacility that sorts, consolidates or temporarily\nstores solid waste (including city waste) for\ntransfer to another site for disposal, storage,\nreprocessing, recycling, use or reuse, if the\ntransfer station—\n(a) is intended to handle more than 30kt of\nwaste each year; or\n(b) will be less than 1km from the boundary\nof a residential block or residential unit\nin a residential or commercial zone; but\n(c) is not a small-scale waste management\nfacility, on or near a residential block or\nnear a residential unit, consisting of\nwheelie bins, small hoppers, or other\nsmall waste management bins or\nenclosures for the use of people living\non the residential block or in the\nresidential unit\n14 proposal for expansion of an existing waste\ntransfer station or recycling facility that sorts,\nconsolidates or temporarily stores solid waste\n(including city waste) for transfer to another site\nfor disposal, storage, reprocessing, recycling, use\nor reuse, if the transfer station—\n(a) is intended to handle more than 30kt of\nadditional waste each year; but\n(b) is not a small-scale waste management\nfacility, on or near a residential block or\nnear a residential unit, consisting of\nwheelie bins, small hoppers, or other\nsmall waste management bins or\nenclosures for the use of people living\non the residential block or in the\nresidential unit\n\nitem\n15 proposal that involves storage of the placard\nquantity of a schedule 11 hazardous chemical on\nland, or in a building or other structure on land,\nthat is not mentioned in the Planning and\nDevelopment (Placard Quantity Premises)\nList 2018 (NI2018-532) (repealed)\n16 proposal that is likely to have a significant\nadverse environmental impact on 1 or more of\nthe following:\n(a) a critically endangered species;\n(b) an endangered species;\n(c) a vulnerable species;\n(d) a conservation dependent species;\n(e) a regionally threatened species;\n(f) a regionally conservation dependent\nspecies;\n(g) a provisionally listed threatened species;\n(h) a listed migratory species;\n(i) a threatened ecological community;\n(j) a protected native species;\n(k) a Ramsar wetland;\n(l) any other protected matter\n17 proposal involving—\n(a) the clearing of more than 0.5ha of native\nvegetation in a native vegetation area,\nother than on land in a future urban area;\nor\n(b) the clearing of more than 5.0ha of native\nvegetation in a native vegetation area on\nland in a future urban area\n\nitem\n18 proposal for development in a reserve, unless the\nproposal is for minor public works to be carried\nout by or for the Territory in accordance with a\nminor public works code approved by the\nconservator of flora and fauna under the Nature\nConservation Act 2014, section 318A\n19 proposal that is likely to have a significant\nadverse environmental impact on—\n(a) a domestic water supply catchment; or\n(b) an environmental value for a waterway\ndetermined under the Water Resources\nAct 2007, section 15A\n20 proposal that is likely to result in\nenvironmentally significant water extraction or\nconsumption, other than a proposal for an urban\nlake, pond or retardation basin or a wastewater\nreuse scheme—\n(a) in an existing urban area or future urban\narea; and\n(b) that is designed in accordance with the\nwater-sensitive urban design\nconsiderations under the territory plan\nand design guides\n21 proposal that is likely to have a significant\nadverse environmental impact on the heritage\nsignificance of a place or object registered under\nthe Heritage Act 2004, unless the proposal is the\ndemolition of a building that is affected\nresidential premises, and the heritage council has\napproved a statement of heritage effect in\nrelation to the proposal\nthe heritage council\nindicating that the\nproposal is not likely to\nhave a significant adverse\nenvironmental impact\n\nitem\n22 proposal, other than on land in an existing urban\narea or a future urban area, with the potential to\nadversely affect the integrity of a site where\nsignificant environmental or ecological scientific\nresearch is being conducted by a government\nentity or university\n23 proposal involving land included on the register\nof contaminated sites under the Environment\nProtection Act 1997\n24 proposal for which the annual expected\ngreenhouse gas emissions from operating the\ndevelopment is more than 1kt\n25 proposal that is likely to result in a key\nthreatening process under the Nature\nConservation Act 2014\n\nInterpretation Part 2.1\nSection 2.1\n","sortOrder":116},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Buyback program valuation","content":"Schedule 2 Buyback program valuation\nprocedure\n(see s 87 (1), def LAIE buyback program valuation procedure)\n","sortOrder":117},{"sectionNumber":"Part 2","sectionType":"part","heading":"1 Interpretation","content":"Part 2.1 Interpretation\n2.1 Definitions—sch 2\nIn this schedule:\nAsbestos Response Taskforce means the Asbestos Response\nTaskforce established by the ACT government in June 2014.\nassessment day means 28 October 2014.\nLAIE buyback program valuation—see section 2.6.\npresidential determination, of the reasonable value of an affected\nlease—see section 2.8 (2).\nreasonable value, of an affected lease, means the value of the lease,\nincluding the improvements, assuming that the lease, including the\nimprovements, were offered for sale on the open market on the\nassessment day on the reasonable terms and conditions that a genuine\nseller might require.\nPart 2.2 Buyback program valuation\nprocedure\n2.2 Valuation of affected lease\n(1) Two valuations of the reasonable value of an affected lease must be\ncarried out.\n(2) The affected lease, including the improvements, must be valued as at\nthe assessment day.\n\nSchedule 2 Buyback program valuation procedure\nPart 2.2 Buyback program valuation procedure\nSection 2.3\n(3) A valuation must not take into account to any of the following:\n(a) the presence of loose-fill asbestos insulation at the affected\nresidential premises on the affected lease;\n(b) minor maintenance work needing to be carried out on the\naffected residential premises on the affected lease as at the\nassessment day;\n(c) minor maintenance work or cosmetic improvements carried out\non the affected residential premises on the affected lease after\nthe assessment day.\n2.3 Accredited valuers to carry out valuation\n(1) Each valuation of the reasonable value of an affected lease must be\ncarried out by an accredited valuer who is independent of—\n(a) the other accredited valuer carrying out a valuation of the\naffected lease; and\n(b) the Territory and the lessee.\n(2) Each accredited valuer must be selected by the Australian Property\nInstitute Limited ACN 608 309 128.\n2.4 Valuation to be given to lessee and Asbestos Response\nTaskforce\nAn accredited valuer who carries out a valuation of the reasonable\nvalue of an affected lease must give a copy of the valuation to—\n(a) the lessee of the affected lease; and\n(b) the Asbestos Response Taskforce.\n\nBuyback program valuation procedure Part 2.2\nSection 2.5\n2.5 Presidential determination—request by Asbestos\nResponse Taskforce\n(1) If the difference between the 2 valuations given to the Asbestos\nResponse Taskforce is 10% or more, but less than 10.5%, of the lower\nvaluation, the Asbestos Response Taskforce may ask for a\npresidential determination of the reasonable value of the affected\n(2) In deciding whether to ask for a presidential determination, the\nAsbestos Response Taskforce must consider—\n(a) the views of the lessee of the affected lease; and\n(b) the difference between the valuations; and\n(c) the cost involved in obtaining a presidential determination.\n(3) If the difference between the valuations is 10.5% or more of the lower\nvaluation, the Asbestos Response Taskforce must ask for a\npresidential determination of the reasonable value of the affected\n(4) If the Asbestos Response Taskforce asks for a presidential\ndetermination, the taskforce—\n(a) must tell the lessee; and\n(b) is liable for the cost of the determination.\n2.6 LAIE buyback program valuation\nThe LAIE buyback program valuation for an affected lease is\nworked out as follows:\nV1 + V2\nV1 means the first valuation of the reasonable value of the affected\nV2 means the second valuation of the reasonable value of the affected\n\nSchedule 2 Buyback program valuation procedure\nPart 2.2 Buyback program valuation procedure\nSection 2.7\n2.7 Presidential determination—request by lessee\n(1) If a lessee of an affected lease rejects a buyback program valuation\nfor the affected lease, the lessee may ask for a presidential\ndetermination of the reasonable value of the affected lease.\n(2) If the lessee asks for a presidential determination, the lessee is liable\nfor the cost of the determination.\n2.8 Presidential determination\n(1) This section applies if the Asbestos Response Taskforce or the lessee\nasks for a presidential determination of the reasonable value of an\naffected lease.\n(2) The president of the ACT Division of the Australian Property\nInstitute Limited ACN 608 309 128 must appoint a valuer\n(a presidential valuer) to carry out a valuation (a presidential\ndetermination) of the reasonable value of the affected lease.\n(3) The presidential valuer must be an accredited valuer and independent\nof—\n(a) the valuers mentioned in section 2.3; and\n(b) the Territory and the lessee.\n(4) The lessee may give any information or material to the presidential\nvaluer that the lessee considers relevant to the valuation—\n(a) if the Asbestos Response Taskforce asks for the presidential\ndetermination—before the presidential valuer starts the\npresidential determination; or\n(b) if the lessee asks for the presidential determination—at the time\nthe lessee asks for the presidential determination.\n(5) The presidential valuer must make a presidential determination in the\nsame way as the valuations of the reasonable value of the affected\nlease were carried out.\n\nBuyback program valuation procedure Part 2.2\nSection 2.9\n(6) A presidential determination is binding on the lessee and the Asbestos\nResponse Taskforce.\n2.9 Amount payable for surrender of affected lease\n(1) This section applies if a lessee of an affected lease surrenders the lease\nunder the LAIE buyback program.\n(2) The amount payable to the lessee for the surrender of the affected\nlease is—\n(a) if a presidential determination is made of the reasonable value\nof the affected lease—the reasonable value determined by the\npresidential determination; or\n(b) in any other case—the LAIE buyback program valuation for the\naffected lease.\n\n(see s 3)\nNote 1 The Legislation Act contains definitions relevant to this regulation.\nFor example:\n• Australian statistician\n• building code\n• city renewal authority\n• conservator of flora and fauna\n• doctor\n• domestic partner (see s 169 (1))\n• emergency service\n• emergency services commissioner\n• environment protection authority\n• heritage council\n• surveyor-general\n• territory-owned corporation\n• working day.\nNote 2 Terms used in this regulation have the same meaning that they have in\nthe Planning Act 2023. For example, the following terms are defined in\nthe Act, dict:\n• block\n• building and development provision (s 256)\n• Commonwealth entity\n• community lease (s 293 (1))\n• concessional lease (s 258 (1))\n• custodian\n• deal\n• development (s 14 (1))\n• development application (s 166 (1))\n• development approval\n• development proposal\n• ecologically sustainable development (s 9)\n• EIS (s 94 (c))\n\n• environmental impact assessment (s 102 (1))\n• environmental significance opinion (s 102) (2))\n• EPBC Act\n• future urban area\n• holding period (s 349)\n• inquiry\n• inquiry panel (s 132 (1) (a))\n• land sublease\n• lease\n• light rail\n• market value lease (s 259)\n• offset (s 223)\n• offset condition (s 244)\n• protected matter (s 221 (1))\n• public land\n• rental lease\n• revised EIS (s 118 (1) (b))\n• scoping document (s 109 (2) (b))\n• significant development (s 94)\n• structure\n• territory entity\n• territory plan\n• tree management plan\n• University of NSW\n• zone.\nadded value, for the variation of a nominal rent lease, for\ndivision 12.2 (Chargeable variations of nominal rent leases)—see\nsection 72 (1).\naffected lease—see section 87 (1).\naffected residential premises—see section 87 (1).\naffected residential premises register—see the Dangerous\nSubstances Act 2004, section 47P (1).\n\nallocated land, in relation to the housing commissioner, for part 7\n(Direct sale of leases)—see section 39 (1).\nAsbestos Response Taskforce, for schedule 2 (Buyback program\nvaluation procedure)—see schedule 2, section 2.1.\nassessment day, for schedule 2 (Buyback program valuation\nprocedure)—see schedule 2, section 2.1.\nbusiness-case criteria, in relation to the direct sale of a lease to a\nperson, for part 7 (Direct sale of leases)—see section 40.\nby a person, for part 7 (Direct sale of leases)—see section 40.\ncity waste, for schedule 1 (Development proposals requiring\nclass, for a building or other structure, means the class of building or\nstructure under the building code.\nclearing native vegetation, for schedule 1 (Development proposals\nConservation Act 2014, section 234.\nconservation dependent species, for schedule 1 (Development\nNature Conservation Act 2014, dictionary.\nconstitution, for a corporation under the Corporations Act—see the\nCorporations Act, dictionary.\ncrest, for schedule 1 (Development proposals requiring\ncritically endangered species, for schedule 1 (Development\ndirect sale, in relation to a lease, for part 7 (Direct sale of leases)—\nsee section 39 (1).\ndwelling—see section 6 (1).\n\nearlier index number, in relation to a lease, for part 13 (Discharge\namounts for rural leases)—see section 81.\neducational establishment, for part 7 (Direct sale of leases)—see the\nterritory plan, dictionary.\nendangered species, for schedule 1 (Development proposals\nexcluded amount, in relation to a lease, for part 13 (Discharge\namounts for rural leases)—see section 81.\nindex number, for part 13 (Discharge amounts for rural leases)—see\nsection 81.\nLAIE buyback program valuation, for schedule 2 (Buyback program\nvaluation procedure)—see schedule 2, section 2.6.\nLAIE buyback program valuation procedure—see section 87 (1).\nlisted migratory species, for schedule 1 (Development proposals\nrequiring environmental impact assessment)—see the EPBC Act,\nsection 528.\nlisted threatened ecological community, for schedule 1\n(Development proposals requiring environmental impact\nassessment)—see the EPBC Act, section 528.\nloose-fill asbestos insulation—see the Dangerous Substances\nAct 2004, section 47I.\nloose-fill asbestos insulation eradication buyback program\n(or LAIE buyback program)—see section 87 (1).\nlowest point of the general foundations, of a water storage dam, for\nschedule 1 (Development proposals requiring environmental impact\nassessment)—see schedule 1, section 1.1.\nmajor electricity storage facility, for schedule 1 (Development\n\nmajor road, for schedule 1 (Development proposals requiring\nmember, for division 4.3 (EIS inquiry panels)—see section 21.\nminor public works, for schedule 1 (Development proposals\nminor public works code, for schedule 1 (Development proposals\nConservation Act 2014, section 318A (1).\nnative vegetation, for an area, for schedule 1 (Development proposals\nConservation Act 2014, section 232.\nnative vegetation area, for schedule 1 (Development proposals\nConservation Act 2014, section 233.\nnoncompliance period, for part 15 (Leases with building and\ndevelopment provisions)—see section 96.\nnormal operating level, of a reservoir formed by a water storage dam,\nfor schedule 1 (Development proposals requiring environmental\nimpact assessment)—see schedule 1, section 1.1.\nplacard quantity, for schedule 1 (Development proposals requiring\nenvironmental impact assessment)—see the Work Health and Safety\nRegulation 2011, dictionary.\npresidential determination, of the reasonable value of an affected\nlease, for schedule 2 (Buyback program valuation procedure)—see\nschedule 2, section 2.8 (2).\npresiding member, of an inquiry panel, for division 4.3 (EIS inquiry\npanels)—see section 21.\nproposed lease, for part 11 (Grants of community leases)—see\nsection 66 (2) (a).\n\nprotected native species, for schedule 1 (Development proposals\nConservation Act 2014, section 110.\nprovisionally listed threatened species, for schedule 1 (Development\nproposals requiring environmental impact assessment)—see schedule\n1, section 1.1.\nRamsar wetland, for schedule 1 (Development proposals requiring\nenvironmental impact assessment)—see the Nature Conservation\nAct 2014, section 190 (1).\nreasonable value, of an affected lease, for schedule 2 (Buyback\nprogram valuation procedure)—see schedule 2, section 2.1.\nrecently commenced lease, in relation to the variation of a lease, for\ndivision 12.2 (Chargeable variations of nominal rent leases)—see\nsection 73 (1).\nrecommended design flood, for schedule 1 (Development proposals\nregionally conservation dependent species, for schedule 1\n(Development proposals requiring environmental impact\nassessment)—see the Nature Conservation Act 2014, dictionary.\nregionally threatened species, for schedule 1 (Development\nNature Conservation Act 2014, dictionary.\nregulated waste, for schedule 1 (Development proposals requiring\nenvironmental impact assessment)—see the Environment Protection\nAct 1997, schedule 1, section 1.1A.\nreserve, for schedule 1 (Development proposals requiring\nenvironmental impact assessment)—see the Nature Conservation\nAct 2014, section 169.\nrules, in relation to an incorporated association—see the Associations\nIncorporation Act 1991, dictionary.\n\nschedule 11 hazardous chemical, for schedule 1 (Development\nWork Health and Safety Regulation 2011, dictionary.\nspecial Pialligo lease, for part 13 (Discharge amounts for rural\nleases)—see section 81.\nstatement of heritage effect, for schedule 1 (Development proposals\nrequiring environmental impact assessment)—see the Heritage\nAct 2004, section 61G (1).\nsupportive accommodation, for part 7 (Direct sale of leases)—see\nsection 39 (1).\nterritory entity, for part 7 (Direct sale of leases)—see section 39 (1).\nthreatened ecological community, for schedule 1 (Development\nthreshold criteria, in relation to a tender for a community lease, for\npart 7 (Community leases—grant by tender)—see section 68.\nUNSW campus, for part 7 (Direct sale of leases)—see section 41 (1).\nUNSW precinct deed, for part 7 (Direct sale of leases)—see\nsection 41 (1).\nvulnerable species, for schedule 1 (Development proposals requiring\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":118},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\n","sortOrder":119},{"sectionNumber":"3","sectionType":"section","heading":"Legislation history","content":"3 Legislation history\n3 Legislation history\nPlanning (General) Regulation 2023 SL2023-20\nnotified LR 11 September 2023\ns 1, s 2 commenced 11 September 2023 (LA s 75 (1))\nremainder commenced 27 November 2023 (s 2 and see Planning\nAct 2023 A2023-18, s 2 (2) and CN2023-10)\nas amended by\nUrban Forest (Consequential Amendments) Act 2023 A2023-52 sch 1\npt 1.7\nnotified LR 11 December 2023\ns 1, s 2 commenced 11 December 2023 (LA s 75 (1))\nsch 1 pt 1.7 commenced 1 January 2024 (s 2 and see Urban Forest\nAct 2023 A2023-14, s 2)\nPlanning (General) Amendment Regulation 2024 (No 1) SL2024-21\nnotified LR 2 September 2024\ns 1, s 2 commenced 2 September 2024 (LA s 75 (1))\nremainder commenced 3 September 2024 (s 2)\nHeritage and Planning Legislation Amendment Act 2025 A2025-15\npt 4\nnotified LR 26 May 2025\ns 1, s 2 commenced 26 May 2025 (LA s 75 (1))\npt 4 commenced 2 June 2025 (s 2)\nPlanning (General) Amendment Regulation 2025 (No 1) SL2025-18\nnotified LR 11 September 2025\ns 1, s 2 commenced 11 September 2025 (LA s 75 (1))\nremainder commenced 12 September 2025 (s 2)\n\nAmendment history 4\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nReferral entities for development generally—Act, s 170 (1) (a)\ns 33 am A2023-52 amdt 1.44; pars renum R2 LA\nDefinitions—pt 7\ns 39 def UNSW campus exp 26 November 2028 (s 107 (2))\ndef UNSW precinct deed exp 26 November 2028 (s 107 (2))\nMeaning of UNSW campus and UNSW precinct deed—pt 7\ns 41 exp 26 November 2028 (s 107 (2))\nDirect sales requiring approval by Executive—Act, s 266 (1) (a)\ns 42 (d) exp 26 November 2028 (s 107 (2))\nDirect sale criteria for non-government educational establishments—\nAct, s 266 (1) (a) (i)\ns 44 (4) exp 26 November 2028 (s 107 (2))\nDirect sale criteria for UNSW campus land for University of NSW—\nAct, s 266 (1) (a) (i)\ns 47 exp 26 November 2028 (s 107 (2))\nRequired provisions in direct sale leases for UNSW campus land—Act,\ns 269 (2)\ns 56 exp 26 November 2028 (s 107 (2))\nGrants of community leases\npt 11 hdg sub SL2025-18 s 4\nPrescribed community lease uses—Act, s 291 (1), def community lease use,\npar (k)\ns 64A ins SL2025-18 s 5\nUnclean leaseholds\ndiv 16.1 hdg ins SL2024-21 s 4\nApplication—div 16.1\ns 105A ins SL2024-21 s 4\nInvestigation of complaint about unclean leasehold\ns 105B ins SL2024-21 s 4\nReferral of complaint to another entity\ns 105C ins SL2024-21 s 4\nMiscellaneous\ndiv 16.2 hdg ins SL2024-21 s 4\n\n4 Amendment history\nExpiry of University of NSW lease provisions\ns 107 am A2025-15 s 42, s 43\nexp 26 November 2028 (s 107 (2))\nDevelopment proposals requiring environmental impact assessment\nsch 1 pt 1.2 am A2025-15 s 44\ndict note 2 dot point mention of ‘University of NSW’\nexp 26 November 2028 (s 107 (2))\ndef proposed lease am SL2025-18 s 6\ndef UNSW campus exp 26 November 2028 (s 107 (2))\ndef UNSW precinct deed exp 26 November 2028 (s 107 (2))\n\nEarlier republications 5\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\n27 Nov 2023\n27 Nov 2023–\n31 Dec 2023\nnot amended new regulation\n1 Jan 2024\n1 Jan 2024–\n2 Sept 2024\nA2023-52 amendments by\nA2023-52\n3 Sept 2024\n3 Sept 2024–\nSL2024-21 amendments by\nSL2024-21\n2 June 2025–\n11 Sept 2025\nA2025-15 amendments by\nA2025-15","sortOrder":120}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Since initial drafting the regulation has expanded beyond a narrow drafting of planning procedural detail to include several substantive, programmatic additions and bespoke measures. Notable scope changes: (1) the LAIE buyback valuation procedure and extensive rules for buyback payments for properties affected by loose‑fill asbestos (sch 2, div 14.2) add a compensation and valuation regime tied to a public health remediation program; (2) new enforcement‑style provisions dealing with 'unclean leaseholds' (div 16.1, ss 105A–105C) broaden the regulation into on‑site nuisance/maintenance enforcement and agency referral pathways; (3) targeted, time‑bound provisions for direct sales to the University of NSW and related lease conditions (Pt 7, ss 41, 47, 56) introduce a campus‑specific leasing regime with a sunset; and (4) additions to community lease use categories (eg health facility, hospital — s 64A) and other tender/treatment detail for community leases (Pt 11) expand allocation rules for social‑use land. These additions take the instrument beyond purely procedural planning regulation into valuation/compensation mechanisms, site cleanliness enforcement, and institution‑specific leasing arrangements, increasing its policy and programmatic breadth relative to a pure drafting/administration role."},"complexity_factors":["Long instrument: 107+ sections plus 2 detailed schedules and extensive dictionary","Extensive cross‑referencing to multiple Acts (Planning Act 2023, Nature Conservation Act 2014, Heritage Act 2004, Dangerous Substances Act 2004, EPBC Regs, Utilities and WHS regs)","Many defined terms in the dictionary and schedule‑specific definitions (sch 1 & sch 2)","Multiple conditional thresholds and numeric triggers (eg waste tonnages, dam heights, MW and kV thresholds, greenhouse gas thresholds)","Nested exceptions and special cases (eg LAIE buyback rules which vary by historic contract/acquisition date; exemptions for small waste sites)","Separate procedural tracks with differing timelines (EIS scoping, referral response times, public notification periods, presidential valuation steps)","Procedural discretion and administrative decision points (waivers, extensions, presidential determinations, Minister/Executive approvals)","Temporary/expiring provisions and sunset clauses (UNSW campus provisions expire 26 Nov 2028)","Valuation procedure involving third‑party accredited valuers, potential presidential valuer and cost allocation rules (sch 2)","Numerous classes of affected parties (lessees, lessee transferees, community organisations, Territory entities, consultees) increasing stakeholder complexity"],"plain_english_summary":"**What this regulation does (mechanically)**\n\n- Implements detailed operational rules under the Planning Act 2023. It spells out who must do what, when, and how for planning and development in the ACT: strategic planning reports, when environmental impact statements (EIS) are required and how they are prepared and consulted on, what development proposals must go to a design review panel, public-notification windows, referral and response times, and a long list of rules about leasing, lease sales and lease variations.\n- Sets prescribed thresholds and tests (for example, greenhouse gas thresholds, waste and waste‑facility sizes, dam heights, electricity and storage capacities) that trigger higher levels of assessment (schedules 1 and sch 1 pt 1.2). It also prescribes which outside entities must be consulted or give environmental significance opinions (eg conservator of flora and fauna, heritage council) (ss 12, 13, sch 1).\n- Establishes specific procedures and timelines for EIS scoping and submissions (ss 13–19), inquiry panel conduct and conflicts of interest (div 4.3, ss 21–27), and for public inquiries to be held in public except in limited circumstances (s 25).\n- Sets out who may sign development applications, what must be in a design response, public-notification periods, referral entities and their response times (ss 30–36).\n- Regulates lease sales and allocations: criteria for direct sale of leases to particular classes of buyers (territory and Commonwealth entities, non‑government schools and higher‑education providers, community organisations, supportive accommodation providers, rural leaseholders, and University of NSW campus arrangements) and when Executive or Minister approval is required (Parts 7.2–7.3, ss 42–53). Some direct‑sale provisions for the UNSW campus are temporary and expire 26 November 2028 (s 107).\n- Provides detailed rules for grants of community leases by tender (Pt 11, ss 66–69): expressions of interest, threshold and additional criteria, tender content and assessment framework.\n- Prescribes rules and charges for lease variations (including how added value is calculated, what variations are exempt or standard, the process for appointing independent valuers and how variation charges increase for concessional and recently commenced leases) (div 12.2, ss 72–80).\n- Sets formulas for discharge amounts on rural leases, including a special formula for certain Pialligo leases (Pt 13, ss 81–83).\n- Implements detailed rules for surrender and buybacks of properties affected by loose‑fill asbestos (the LAIE buyback program): valuation procedure (two independent accredited valuations averaged), thresholds for asking for a presidential determination, who bears the cost of a presidential determination, and which historical sale/contract dates determine the amount payable (div 14.2, sch 2, ss 87–95).\n- Creates a process for dealing with “unclean leaseholds”: what inspectors may look at, what items count as rubbish or unsafe (eg car bodies, machinery, builders’ spoil, shipping containers unless permitted) and referral rules to other agencies for graffiti, insanitary conditions, noise/odour or smoke (div 16.1, ss105A–105C).\n- Sets administrative timings and procedural limits in many places (for example, 15–20 working day response and consultation periods, 20 working days to accept and execute a lease, 20 working days for some decisions) and prescribes penalties for limited offences (ss 14, 15, 35, 36, 57, 106).\n\n**Who is affected**\n\n- Private landowners and lessees in the ACT (residential, non‑residential, rural and special urban leases): through sale, surrender, buyback, variation, subdivision and noncompliance rules (Parts 8–15, sch 2).\n- Developers and project proponents: by EIS triggers and scoping requirements, design review panel requirements, public-notification, referral and consultation obligations, and required contents of submissions and design responses (Part 4, ss 11–20, 31).\n- Community organisations and registered community housing providers seeking leases: detailed tender and threshold criteria for community leases (Pt 11, ss 66–69).\n- Territory planning authority and Minister/Executive: given powers to approve direct sales, set/assess tenders, grant or refuse waivers, make determinations, and manage inquiries (many Parts). These provisions allocate decision-making discretion and procedural duties to government officers and panels.\n- Specialist consultees and regulators: conservator of flora and fauna, heritage council, environment protection authority, Icon/Evoenergy, emergency services commissioner and others prescribed as referral entities for particular development classes (ss 33–35, sch 1).\n- Valuers and the Australian Property Institute: accredited valuers play a specified role in the asbestos buyback valuation procedure and in lease variation valuation (sch 2; ss 72, 77–78).\n\n**Why it matters (practical consequences and trade‑offs)**\n\n- Predictability and operational detail: the regulation converts high‑level planning law in the Act into concrete, measurable tests (size thresholds, time limits, documentation standards). That reduces ambiguity for applicants and government about when higher‑level scrutiny is required (eg EIS triggers in schedule 1) (s 12, sch 1).\n\n- Administrative and compliance costs: thresholds that trigger EISs, design reviews, referral rounds and tender processes create additional time and cost for proponents — consultants, specialist reports, and longer application timelines are likely (ss 13–19, 31, sch 1). The regulation also places document and consultation obligations on the territory planning authority.\n\n- Concentrated benefits, diffuse costs and capture risk: the regulation creates specific direct‑sale pathways that can advantage particular classes (eg public entities, community organisations, University of NSW under a precinct deed) but also prescribes criteria and documentation to justify those sales (Part 7, ss 42–50). Where direct sales are allowed without Executive approval (s 54) or temporarily tailored for a single university campus (ss 41, 47, 56, 107), benefits can be concentrated; the regulation attempts to limit arbitrariness by listing criteria and requiring business‑case documentation (s 40, ss 43–50).\n\n- Valuation protections for affected lessees: the LAIE buyback valuation procedure (sch 2) requires two independent accredited valuations and provides for a binding presidential determination where valuations differ substantially. That process assigns who pays for a presidential determination (Asbestos Response Taskforce or lessee) and aims to produce an objective outcome, but it also adds steps, time and potential cost (sch 2, ss 2.2–2.9).\n\n- Discretion and implementation risk: many provisions vest the territory planning authority, the Minister or inquiry panels with discretion to extend time, waive fees, require additional information, or hold private sessions. That discretion helps handle case‑by‑case complexities (eg waivers for noncompliance fees, s 100–105) but increases administrative variability and creates implementation risk if instructions, resourcing or decision‑making standards are uneven.\n\n- Market effects on land use and investment: lease variation charges (including an added 25% uplift in some cases for concessional or recently commenced leases, ss 79–80) and strict rules about what a sublease must contain (ss 59–60) will influence lessee decisions about development, subdivision and consolidation. Charges and conditions can deter speculative variation applications or encourage earlier compliance with building and development provisions.\n\n**Key cite examples (sample)**\n- EIS triggers and list of project types: s 12 and schedule 1 part 1.2.\n- Scoping and consultation timeframes (15 working days, extension rules): ss 14–16.\n- Design review panel triggers: s 11.\n- Direct sale criteria and required business‑case documentation: ss 40–50.\n- LAIE buyback valuation procedure (two valuations, averaging, presidential determination): sch 2 (ss 2.2–2.9).\n- Unclean leasehold investigation and items requiring removal: ss 105A–105C.\n\n**Net operational effect**\nMechanically, this regulation fills out the Planning Act 2023 with many specific thresholds, procedural steps and decision criteria. It formalises how environmental, heritage and technical risks are assessed (EIS and scoping), allocates responsibilities to government decision‑makers and prescribes rights and costs for lessees (lease sales, buybacks, variation charges). That produces greater procedural clarity but increases the paperwork, time and specialist input required from developers and lessees, and concentrates some decision outcomes in prescribed processes that afford the Territory discretion.\n\n(For exact wording and where each rule sits, see the provisions cited above — the regulation’s schedules and multiple parts contain numerous cross‑references to other laws such as the Planning Act 2023, Nature Conservation Act 2014, Heritage Act 2004 and Dangerous Substances Act 2004.)"},"kimi_summary":{"_metrics":{"completionTokens":718},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The regulation appears to implement the Planning Act 2023 as originally intended, with amendments largely technical or consequential in nature. The inclusion of the asbestos buyback program valuation procedure and UNSW campus provisions were likely anticipated given their specific statutory bases. No significant scope expansion beyond the original planning and land management purposes is evident."},"complexity_factors":["107 sections plus 2 schedules with 25 detailed development categories requiring environmental assessment","47 defined terms in dictionary plus numerous signpost definitions to other legislation","Extensive cross-referencing to Planning Act 2023, Heritage Act 2004, Nature Conservation Act 2014, EPBC Act, and 15+ other statutes","Nested conditional logic in lease variation charge calculations (sections 72–80) with multiple overlapping categories","Date-dependent transitional provisions for asbestos buyback program with 6 different calculation methods based on contract dates","Multiple approval pathways for direct sales (Executive, Minister, or no approval) with entity-specific criteria","Mathematical formulas for rural lease discharge amounts using CPI indexation with special Pialligo lease exceptions","Building classification references (class 1, class 2, class 10a buildings) requiring technical knowledge of National Construction Code"],"plain_english_summary":"This regulation governs how land in the Australian Capital Territory is planned, developed, leased and sold, affecting government agencies, developers, leaseholders, rural lessees, community organisations and homeowners (including those in asbestos-affected homes). It matters because it sets environmental assessment triggers and public-participation rules, timelines for notifications, direct-sale and fee/valuation rules for leases (including rural discharge formulas), building compliance penalties and waivers, and a structured asbestos buyback valuation process."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/planning-general-regulation-2023","history":"/api/acts/planning-general-regulation-2023/history","analysis":"/api/acts/planning-general-regulation-2023/analysis","conflicts":"/api/acts/planning-general-regulation-2023/conflicts","importantCases":"/api/acts/planning-general-regulation-2023/important-cases","documents":"/api/acts/planning-general-regulation-2023/documents"}}