{"id":"BILL-ACT-db-74083","name":"Planning (Missing Middle Housing) Amendment Bill 2026","slug":"planning-missing-middle-housing-amendment-bill-2026","collection":"bill","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2026-03-24","administeringDepartment":null,"currentVersion":{"id":457658,"registerId":"BILL-ACT-db-74083:current","compilationNumber":null,"startDate":"2026-03-24","status":"in_force","reasons":null,"registeredAt":"2026-05-18T02:36:58.247Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# Planning (Missing Middle Housing) Amendment Bill 2026\n\nJ2025-1323\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2026\nTHE LEGISLATIVE ASSEMBLY\nFOR THE AUSTRALIAN CAPITAL TERRITORY\n(As presented)\n(Minister for Planning and Sustainable Development)\nPlanning (Missing Middle Housing)\nAmendment Bill 2026\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n2 Commencement 2\n3 Legislation amended 2\nPart 2 Planning Act 2023\n4 New section 42A 3\n5 Subdivision design applications\nSection 43 (3) 3\n\nContents\nPage\ncontents 2 Planning (Missing Middle Housing) Amendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Effect of approval of subdivision design application\nNew section 44 (3) 4\n7 What is a minor plan amendment and is consultation needed?\nSection 84 (2) (b) 4\n8 New section 84 (3) 4\n9 Meaning of exempt development\nSection 145 (1), definition of exempt development, new paragraph (a)\n(ia) 5\n10 New division 7.2.1A 5\n11 Application for exemption assessment\nNew section 151 (1A) 7\n12 Use of land for leased purpose\nSection 276 (2) and note 7\n13 Section 276, new note 8\n14 Definitions—div 10.7.3\nSection 327, definition of original decision 8\n15 Notice of assessment\nSection 329 (1) 8\n16 Section 329 (2) (a) and (b) 9\n17 Section 329 (3) (b) 9\n18 More than 1 chargeable variation\nSection 330 9\n19 Non-standard chargeable variations\nSection 332 (4) 9\n20 Non-standard chargeable variations—improvements\nSection 333 (3) (e) (iii) (B) 10\n21 Section 333 (3) (f) 10\n22 Non-standard chargeable variations—working out statement\nSection 334 (1) (a) and (b) 10\n23 Section 334 (1) (c) 10\n24 Section 334 (2) 11\n25 Section 334 (3) 11\n26 Non-standard chargeable variations—application for reconsideration\nSection 335 (1) 11\n27 Section 335 (1) (a) 11\n28 Section 335 (2) 12\n\nContents\nPage\nPlanning (Missing Middle Housing) Amendment Bill 2026 contents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n29 Section 335 (2), note 12\n30 Section 335 (4) 12\n31 Section 335 (5) (a) (i) 12\n32 Non-standard chargeable variations—requirements for reconsideration\napplication\nSection 336 (1) (b) 12\n33 Non-standard chargeable variations—reconsideration\nSection 337 (6) (b) 13\n34 Lease variation charge—reassessment\nSection 340 (1) (a) 13\n35 Section 340 (1) (b) 13\n36 Section 340 (3) (b), except note 13\n37 Application to defer payment of lease variation charges\nSection 342 (1) 13\n38 Section 342 (2) 14\n39 Section 342 (3) 14\n40 Section 342 (3) (a) 14\n41 Certificate of lease variation charge and other amounts\nSection 346 (6), definition of relevant person, paragraph (b) 14\n42 Dictionary, definition of original decision, paragraph (b) 15\n43 Dictionary, new definitions 15\nPart 3 Planning (General) Regulation 2023\n44 Matters that may be included in subdivision design application—Act,\ns 43 (2)\nSection 9 (d) 16\n45 Section 9, examples—par (d) 16\n46 New section 9 (2) 16\n47 Meaning of recently commenced lease—div 12.2\nSection 73 (2), new definition of application 16\n48 Standard chargeable variations—Act, s 327, def standard chargeable\nvariation\nSection 75 (1) (a) to (c) 17\n49 Section 75 (1) (h) 17\n\nJ2025-1323\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2026\nTHE LEGISLATIVE ASSEMBLY\nFOR THE AUSTRALIAN CAPITAL TERRITORY\n(As presented)\n(Minister for Planning and Sustainable Development)\nPlanning (Missing Middle Housing)\nAmendment Bill 2026\nA Bill for\nAn Act to amend the Planning Act 2023 and the Planning (General)\nRegulation 2023\nThe Legislative Assembly for the Australian Capital Territory enacts as follows:\n\nPart 1 Preliminary\nSection 1\npage 2 Planning (Missing Middle Housing) Amendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary1\n1 Name of Act2\nThis Act is the Planning (Missing Middle Housing) Amendment Act3\n2026.4\n2 Commencement5\nThis Act commences on the day after its notification day.6\nNote The naming and commencement provisions automatically commence on7\nthe notification day (see Legislation Act, s 75 (1)).8\n3 Legislation amended9\nThis Act amends the Planning Act 2023 and the Planning (General)10\nRegulation 2023.11\n\nPlanning Act 2023 Part 2\nSection 4\nPlanning (Missing Middle Housing) Amendment Bill 2026 page 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Planning Act 20231\n4 New section 42A2\nin part 4.2, insert3\n42A Meaning of subdivision development proposal—pt 4.24\n(1) In this part:5\nsubdivision development proposal means a development proposal to6\ndo both of the following:7\n(a) create or consolidate blocks;8\n(b) create or remove roads.9\n(2) A subdivision development proposal may also involve 1 or more of10\nthe following:11\n(a) changes to land use zones;12\n(b) design or construction requirements for roads or infrastructure;13\n(c) design or construction requirements for future development on14\nthe land the subject of the application.15\n5 Subdivision design applications16\nSection 43 (3)17\nomit18\n\nPart 2 Planning Act 2023\nSection 6\npage 4 Planning (Missing Middle Housing) Amendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Effect of approval of subdivision design application1\nNew section 44 (3)2\ninsert3\n(3) In this section:4\nongoing provision means a provision that is proposed to apply to the5\nongoing development of the land the subject of the subdivision design6\napplication, if the provision is consistent with the territory plan7\n(including any existing provision applying to the land that is stated in8\nthe territory plan as being mandatory).9\nExamples10\n1 an increased setback requirement11\n2 a reduced building envelope12\n7 What is a minor plan amendment and is consultation13\nneeded?14\nSection 84 (2) (b)15\nomit16\nplan under section 43 (2)17\nsubstitute18\napplication under section 4319\n8 New section 84 (3)20\ninsert21\n(3) In this section:22\nongoing provision—see section 44 (3).23\n\nPlanning Act 2023 Part 2\nSection 9\nPlanning (Missing Middle Housing) Amendment Bill 2026 page 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9 Meaning of exempt development1\nSection 145 (1), definition of exempt development,2\nnew paragraph (a) (ia)3\ninsert4\n(ia) section 149C (Exempt development declarations for lease5\nvariations); or6\n10 New division 7.2.1A7\ninsert8\nDivision 7.2.1A Variations of nominal rent leases—9\nexempt development10\n149A Application—div 7.2.1A11\nThis division applies to the following variations of a nominal rent12\nlease:13\n(a) a variation to state the maximum number of dwellings permitted14\non the land under the lease;15\n(b) a variation to change the maximum number of dwellings16\npermitted on the land under the lease;17\n(c) a variation to authorise the use of the land for a secondary18\nresidence;19\n(d) a variation to a provision of the lease relating to an easement;20\n(e) a variation prescribed by regulation.21\n149B Application for exempt development declaration for lease22\nvariation23\n(1) A proponent of a lease variation may apply to the territory planning24\nauthority for a declaration that the variation is an exempt25\ndevelopment.26\n\nPart 2 Planning Act 2023\nSection 10\npage 6 Planning (Missing Middle Housing) Amendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The application must be accompanied by—1\n(a) if the proponent is not the lessee of the land to which the2\napplication relates—the written consent of the lessee to the3\nvariation; and4\n(b) if the application relates to a variation of a provision of the lease5\nrelating to an easement over the land—the written consent of the6\nbeneficiary of the easement to the variation; and7\n(c) any information, plans and other documents prescribed by8\nregulation.9\n149C Exempt development declarations for lease variations10\n(1) Within 10 working days after the day a proponent makes an11\napplication under section 149B in relation to a lease variation,12\nthe territory planning authority must—13\n(a) make a declaration that the variation is an exempt development;14\nor15\n(b) refuse to make the declaration.16\n(2) The territory planning authority must not make a declaration unless17\nsatisfied that the lease variation—18\n(a) is not inconsistent with any other provision of the lease; and19\n(b) is suitable in the context of the land and surrounding area,20\nincluding the permissible uses for the land and surrounding area;21\nand22\n(c) is not inconsistent with an essential design element identified in23\na development approval; and24\n(d) meets any criteria prescribed by regulation.25\nNote The territory planning authority must not approve anything that is26\ninconsistent with the territory plan (see s 52).27\n\nPlanning Act 2023 Part 2\nSection 11\nPlanning (Missing Middle Housing) Amendment Bill 2026 page 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) In deciding the application, the territory planning authority must1\nconsider any matters prescribed by regulation.2\n(4) The territory planning authority may, by written notice, ask the3\nproponent for more information in relation to the application.4\n(5) The time for deciding the application mentioned in subsection (1)—5\n(a) stops on the day the authority asks the proponent for the6\ninformation; and7\n(b) recommences on the day the proponent gives the information to8\nthe authority.9\n149D Expiry of exempt development declarations for lease10\nvariations11\nA declaration made by the territory planning authority under12\nsection 149C expires 3 years after the day it is made.13\n11 Application for exemption assessment14\nNew section 151 (1A)15\ninsert16\n(1A) Subsection (1) does not apply to a variation of a nominal rent lease to17\nwhich division 7.2.1A (Variations of nominal rent leases—18\nexempt development) applies.19\n12 Use of land for leased purpose20\nSection 276 (2) and note21\nsubstitute22\n(2) If the lease is a residential lease, the land may also be used for a home23\nbusiness.24\n(2A) If the lease is a residential lease that authorises the use of the land for25\na single dwelling only, the land may also be used for a secondary26\nresidence.27\n\nPart 2 Planning Act 2023\nSection 13\npage 8 Planning (Missing Middle Housing) Amendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n13 Section 276, new note1\ninsert2\nNote While the use of a residential lease for a home business or secondary3\nresidence is authorised under this section, beginning to use the land for a4\nhome business or secondary residence requires development approval5\nunless the use is an exempt development (see pt 7.2).6\n14 Definitions—div 10.7.37\nSection 327, definition of original decision8\nomit9\nsection 334 (1) (b)10\nsubstitute11\nsection 334 (1) (a)12\n15 Notice of assessment13\nSection 329 (1)14\nsubstitute15\n(1) This section applies if—16\n(a) a development application for a chargeable variation of a17\nnominal rent lease is approved; or18\n(b) a chargeable variation of a nominal rent lease is declared as an19\nexempt development under section 149C (Exempt development20\ndeclarations for lease variations).21\n(1A) The commissioner for revenue must give—22\n(a) a notice of assessment of the lease variation charge to the lessee;23\nand24\n(b) if the proponent is not the lessee—a copy of the notice to the25\nproponent.26\n\nPlanning Act 2023 Part 2\nSection 16\nPlanning (Missing Middle Housing) Amendment Bill 2026 page 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n16 Section 329 (2) (a) and (b)1\nsubstitute2\n(a) for a chargeable variation for which a development application3\nis approved—4\n(i) on the day the application is approved; or5\n(ii) if another day is prescribed by regulation—on that day; or6\n(b) for a chargeable variation declared as an exempt development7\nunder section 149C—8\n(i) on the day the declaration is made; or9\n(ii) if another day is prescribed by regulation—on that day.10\n17 Section 329 (3) (b)11\nsubstitute12\n(b) for a chargeable variation for which a development application13\nis approved—the day the development approval lapses;14\n(c) for a chargeable variation declared as an exempt development15\nunder section 149C—the day the declaration is revoked or16\nexpires.17\n18 More than 1 chargeable variation18\nSection 33019\nomit20\napproval21\n19 Non-standard chargeable variations22\nSection 332 (4)23\nomit24\napproval for the relevant development application25\n\nPart 2 Planning Act 2023\nSection 20\npage 10 Planning (Missing Middle Housing) Amendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n20 Non-standard chargeable variations—improvements1\nSection 333 (3) (e) (iii) (B)2\nsubstitute3\n(B) if the lessee is not the proponent of the variation—4\nthe proponent;5\n21 Section 333 (3) (f)6\nomit7\nproposed in a development application8\nsubstitute9\nin a development proposal10\n22 Non-standard chargeable variations—working out11\nstatement12\nSection 334 (1) (a) and (b)13\nsubstitute14\n(a) the lease variation charge for a non-standard chargeable15\nvariation has been worked out in accordance with16\nsection 332 (the original decision); and17\n23 Section 334 (1) (c)18\nomit19\nsection 329 (1)20\nsubstitute21\nsection 329 (1A)22\n\nPlanning Act 2023 Part 2\nSection 24\nPlanning (Missing Middle Housing) Amendment Bill 2026 page 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n24 Section 334 (2)1\nomit2\napplicant for the development application3\nsubstitute4\nproponent of the variation5\n25 Section 334 (3)6\nomit7\napplicant8\nsubstitute9\nproponent10\n26 Non-standard chargeable variations—application for11\nreconsideration12\nSection 335 (1)13\nomit14\napplicant for the development application in relation to15\nsubstitute16\nproponent of17\n27 Section 335 (1) (a)18\nomit19\napplicant20\nsubstitute21\nproponent22\n\nPart 2 Planning Act 2023\nSection 28\npage 12 Planning (Missing Middle Housing) Amendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n28 Section 335 (2)1\nomit2\na development approval of a development application3\nsubstitute4\nthe development5\n29 Section 335 (2), note6\nomit7\napplication8\n30 Section 335 (4)9\nsubstitute10\n(4) If the proponent is not the lessee, the lessee may apply for11\nreconsideration under this section instead of the proponent.12\n31 Section 335 (5) (a) (i)13\nomit14\nsection 329 (1)15\nsubstitute16\nsection 329 (1A)17\n32 Non-standard chargeable variations—requirements for18\nreconsideration application19\nSection 336 (1) (b)20\nsubstitute21\n(b) if the applicant for the reconsideration is not the lessee—22\nthe applicant.23\n\nPlanning Act 2023 Part 2\nSection 33\nPlanning (Missing Middle Housing) Amendment Bill 2026 page 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n33 Non-standard chargeable variations—reconsideration1\nSection 337 (6) (b)2\nsubstitute3\n(b) if the applicant for the reconsideration is not the lessee—4\nthe applicant.5\n34 Lease variation charge—reassessment6\nSection 340 (1) (a)7\nomit8\n35 Section 340 (1) (b)9\nomit10\nsection 329 (1)11\nsubstitute12\nsection 329 (1A)13\n36 Section 340 (3) (b), except note14\nsubstitute15\n(b) if the proponent of the chargeable variation is not the lessee—16\na copy of the notice to the proponent.17\n37 Application to defer payment of lease variation charges18\nSection 342 (1)19\nomit20\nAn applicant for a development application for21\nsubstitute22\nA proponent of23\n\nPart 2 Planning Act 2023\nSection 38\npage 14 Planning (Missing Middle Housing) Amendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n38 Section 342 (2)1\nomit2\napplicant3\nsubstitute4\nproponent5\n39 Section 342 (3)6\nomit7\napplicant for the development application8\nsubstitute9\nproponent10\n40 Section 342 (3) (a)11\nomit12\napplicant13\nsubstitute14\nproponent15\n41 Certificate of lease variation charge and other amounts16\nSection 346 (6), definition of relevant person,17\nparagraph (b)18\nsubstitute19\n(b) a proponent for a development proposal in relation to the land,20\nif the proponent is not the lessee.21\n\nPlanning Act 2023 Part 2\nSection 42\nPlanning (Missing Middle Housing) Amendment Bill 2026 page 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n42 Dictionary, definition of original decision, paragraph (b)1\nomit2\nsection 334 (1) (b)3\nsubstitute4\nsection 334 (1) (a)5\n43 Dictionary, new definitions6\ninsert7\nsecondary residence, in relation to a residential lease of land, means8\na second dwelling on the land that is subordinate to the principal9\ndwelling on the land.10\nsubdivision development proposal, for part 4.2 (Subdivision design11\napplications)—see section 42A.12\n\nPart 3 Planning (General) Regulation 2023\nSection 44\npage 16 Planning (Missing Middle Housing) Amendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Planning (General)1\nRegulation 20232\n44 Matters that may be included in subdivision design3\napplication—Act, s 43 (2)4\nSection 9 (d)5\nsubstitute6\n(d) an ongoing provision;7\n45 Section 9, examples—par (d)8\nomit9\n46 New section 9 (2)10\ninsert11\n(2) In this section:12\nongoing provision—see the Act, section 44 (3).13\n47 Meaning of recently commenced lease—div 12.214\nSection 73 (2), new definition of application15\ninsert16\napplication, for a variation of a lease, means—17\n(a) a development application for the variation of the lease; or18\n(b) an application under the Act, section 149B for a declaration that19\nthe variation of the lease is an exempt development.20","sortOrder":0},{"sectionNumber":"retrieval-0002","sectionType":"document_chunk","heading":"Document excerpt 2","content":"Planning (General) Regulation 2023 Part 3\nSection 48\nPlanning (Missing Middle Housing) Amendment Bill 2026 page 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n48 Standard chargeable variations—Act, s 327, def standard1\nchargeable variation2\nSection 75 (1) (a) to (c)3\nomit4\na development application5\nsubstitute6\nthe development7\n49 Section 75 (1) (h)8\nomit9\napplication10\n\npage 18 Planning (Missing Middle Housing) Amendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 Presentation speech\nPresentation speech made in the Legislative Assembly on 24 March 2026.\n2 Notification\nNotified under the Legislation Act on 2026.\n3 Republications of amended laws\nFor the latest republication of amended laws, see www.legislation.act.gov.au.\n© Australian Capital Territory 2026","sortOrder":1}],"analysis":{"summary":{"status_summary":"The Planning (Missing Middle Housing) Amendment Bill 2026 was introduced in the ACT Legislative Assembly on 24 March 2026 and is awaiting further parliamentary stages.","complexity_score":5,"likely_questions":["What is a nominal rent lease and how does it differ from a standard lease in the ACT?","Will this bill allow me to build a granny flat on my existing residential block without development approval?","Does the exempt development declaration expire, and can it be renewed after three years?","How does an 'ongoing provision' affect future development on land covered by a subdivision design approval?"],"complexity_factors":["Introduces a new exempt development declaration process for lease variations with multiple criteria and a 10-working-day decision timeline","Amends numerous cross-referenced sections in both the Planning Act and the Planning (General) Regulation, requiring careful reading to track changes","Creates new definitions such as 'subdivision development proposal' and 'secondary residence' that interact with existing planning concepts","Overhauls the lease variation charge provisions by shifting roles from 'applicant' to 'proponent' and adding notice triggers for exempt declarations"],"plain_english_summary":"The bill makes procedural changes to the Planning Act and regulation to create an exempt development pathway for certain nominal‑rent lease variations (e.g., changing dwelling numbers, allowing a secondary residence, altering easements), tightens decision timeframes, and adjusts subdivision and ongoing‑provision rules. It mainly affects lessees, proponents, the territory planning authority and revenue commissioner by streamlining some lease‑variation and subdivision approvals. It does not change zoning or the territory plan; its impact is chiefly faster, potentially cheaper, processes for qualifying variations."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Bill stays within the apparent original policy objective of facilitating \"missing middle\" housing on nominal-rent leasehold land and improving subdivision design controls. It does not introduce unrelated policy domains. The main substantive expansion is procedural: a new exempt-declaration route for certain lease variations and the ability to include 'ongoing provisions' in subdivision design applications. These are targeted additions to existing planning, assessment and revenue processes rather than a significant broadening beyond the Bill's housing-focused purpose (see new Div 7.2.1A and s 44(3))."},"complexity_factors":["New Division 7.2.1A with four new sections (149A–149D) introducing a parallel exempt-declaration path and related decision timing (10 working days) and expiry (3 years)","Addition of a new defined term 'subdivision development proposal' and 'ongoing provision' with cross-references into Part 4.2 and Regulation (s 42A; s 44(3); Reg s 9)","Extensive, scattered edits across ~40 provisions in the Planning Act and Regulations to replace 'applicant' with 'proponent' and to fold exempt declarations into existing charge/assessment, reconsideration and deferral machinery (multiple ss 329, 332–346; Regs ss 73, 75)","Cross-referenced timing triggers for assessment: changes to when lease-variation charges are assessed depending on approval vs exempt declaration (s 329(2)–(3))","Multiple conditional rules and exceptions (e.g. stopping/restarting the decision clock when more information requested s 149C(4)–(5); exclusions from exemption assessment s 151(1A))","Regulation-making hooks (authority must follow criteria \"prescribed by regulation\") which create downstream complexity depending on how regulations are framed (s 149C(2)(d), (3))","Alterations to revenue and administrative procedures (notice, reassessment, reconsideration, deferral, certificates) create many interlinked operational dependencies (ss 334–342, 346)","New consent requirements for applications (lessee consent and easement beneficiary consent) add transaction steps and potential parties to disputes (s 149B(2)(a)–(b))"],"plain_english_summary":"**What this Bill changes, mechanically (the \"what it does\")**\n\n- Adds a new definition for \"subdivision development proposal\" to allow subdivision design applications to cover creating or consolidating blocks and creating or removing roads, and to include related ongoing provisions such as design requirements and changes to zoning (see new s 42A and s 44(3)).\n\n- Allows a subdivision design application to include \"ongoing provisions\" — planning rules proposed to attach to the land after subdivision (examples given: increased setback, reduced building envelope) (s 44(3); Regulation s 9).\n\n- Creates a new, short procedure for certain variations of \"nominal rent\" leases (public/territory-style leases) to be declared \"exempt development\":\n  - Types of lease variations that may be declared exempt include stating or changing the maximum number of dwellings, authorising a secondary residence, variations to easement provisions, and any other variations prescribed by regulation (new Div 7.2.1A, s 149A).\n  - A proponent (the person proposing the variation) may apply for a declaration that the lease variation is exempt; the territory planning authority must decide within 10 working days or refuse (s 149B–149C).\n  - The authority may only declare a variation exempt if it is consistent with the lease and suitable in context, not inconsistent with essential design elements of an approval, and meets any regulatory criteria; the authority may request more information (s 149C(2)–(5)).\n  - Any exempt-declaration expires after 3 years (s 149D).\n\n- Treats these exempt lease-variation declarations as triggering the same revenue and charge processes that apply when a formal development application for a chargeable lease variation is approved:\n  - The commissioner for revenue must issue a notice of assessment of the lease variation charge to the lessee and copy the proponent; timing rules for when the charge is assessed are aligned to the day of declaration (see amended s 329, s 329(1A), s 329(2)–(3)).\n  - Other provisions dealing with calculation of lease-variation charges, reconsideration, reassessment, deferment of payment, and certificates have been amended so that they work for exempt declarations and to refer to the \"proponent\" rather than only the \"applicant\" or \"applicant for a development application\" (see numerous amendments in Parts 2 and 3; e.g. ss 332–346 and Regs s 73, s 75).\n\n- Adds \"secondary residence\" as a defined term (a second dwelling subordinate to the principal dwelling) and permits residential leases that authorise only a single dwelling to be varied to allow a secondary residence (s 276(2A); Dictionary).\n\n**Why the Bill says it matters (claimed purpose) and how those claims map to the mechanics**\n\n- Claimed purpose: to make it easier to deliver \"missing middle\" housing by streamlining certain lease variations and by allowing subdivision applications to propose continuing design controls that shape future development.\n- How the mechanics support that claim:\n  - Fast-track exempt declarations (10 working days) can avoid a full development-application process for specified lease changes (s 149B–149C).\n  - Allowing \"ongoing provisions\" in subdivision design applications lets planners attach design constraints for future dwellings at the subdivision stage (s 42A; s 44(3); Reg s 9).\n\n**Who decides, who pays, and what changes in behaviour this produces**\n\n- Who decides: the territory planning authority decides whether to make an exempt-development declaration (s 149C). The commissioner for revenue issues lease-variation charge assessments (s 329(1A), s 346). Regulations may add criteria or prescribe additional variation types (s 149C(2)(d)).\n\n- Who pays: the statutory lease-variation charge remains chargeable on a variation and is assessed to the lessee; a copy of the assessment is given to the proponent if the proponent is not the lessee (s 329(1A), s 329(2)). Many administrative steps (reconsideration, deferral applications, certificates) are explicitly adjusted to be available to the proponent as well as (or instead of) the applicant/lessee (see ss 334–342, 346).\n\n- Behavioural effects:\n  - Developers or owners (proponents) may use the new exempt-declaration route to obtain certainty faster for permitted additional dwellings or secondary residences.\n  - Territory planners can attach specific, ongoing design controls at the subdivision stage that will bind future development on that land.\n  - Financially, lease-variation charges can become due earlier (on declaration day) and will be notified to both lessee and proponent; this changes timing and visibility of revenue obligations (s 329(2), s 329(3)).\n\n**Costs, incentives, trade-offs and implementation issues (practical tests of the stated aims)**\n\n- Implementation speed vs. certainty: 10 working days is a short statutory decision window (s 149C(1)). That speeds decisions (incentive to use this path), but the authority may pause the clock by requesting further information (s 149C(4)–(5)). The exempt declaration itself expires after 3 years (s 149D), which limits long-term certainty for proponents.\n\n- Regulatory discretion and scope: the authority must be satisfied on several qualitative grounds (consistency with lease, suitability in context, not inconsistent with essential design elements) and must consider regulatory criteria (s 149C(2)–(3)). That gives administrative discretion — outcomes will depend on how those criteria are written in regulation and applied in practice.\n\n- Revenue timing and payment burdens: treating exempt declarations the same as approved development applications for charge triggers brings earlier assessment and notice of the lease-variation charge (s 329, s 329(2)–(3)). The lessee is the person assessed, but the proponent receives notice and many procedural rights are given to the proponent; this can change commercial bargaining over who actually pays and when (see s 329(1A), s 340, s 342).\n\n- Compliance and transaction costs: applications for exempt declaration must include written consent of the lessee (if proponent not the lessee) and of easement beneficiaries where relevant, and prescribed documents (s 149B). Those consent requirements are additional administrative steps for proponents.\n\n- Potential substitution effects: proponents may choose the exempt-declaration route instead of a full development application when eligible; that can reduce application processing burdens but may also move decision-making away from public consultation or more extensive assessment routes (compare s 84 amendments linking minor plan amendments to applications under s 43(1)).\n\n- Effects on private choice and market outcomes: enabling changes to the maximum number of dwellings and permitting secondary residences (s 149A; s 276(2A)) increases potential housing supply and flexibility on affected leasehold land, subject to the authority's assessment criteria. Whether this translates into lower prices or increased supply depends on take-up, development costs, and how design controls (ongoing provisions) are set.\n\n**Key cross-references to watch**\n\n- New Div 7.2.1A (ss 149A–149D) for the exempt-declaration process.\n- New definition and examples for \"ongoing provision\" in s 44(3) and Regulation s 9.\n- Amendments to levy/charge mechanics: s 329 (notice of assessment), ss 332–346 (calculation, reconsideration, deferral, certificates), and Regulation ss 73, 75 (definition of application and standard chargeable variations).\n\n**Bottom-line, practically:** the Bill creates a fast, narrowly circumscribed statutory path for certain lease variations (including adding secondary residences and increasing dwelling counts on nominal rent leases), aligns revenue assessment mechanics to that path, and lets subdivision applications include binding ongoing design rules for future development. Those changes reduce procedural barriers in some cases and change who is formally notified and who can act in charge-related processes; they also introduce administrative discretion and new timing/expiry rules that shape developer and lessee incentives (see ss 149A–149D; s 44(3); s 329(1A))."}},"importantCases":[],"_links":{"self":"/api/acts/planning-missing-middle-housing-amendment-bill-2026","history":"/api/acts/planning-missing-middle-housing-amendment-bill-2026/history","analysis":"/api/acts/planning-missing-middle-housing-amendment-bill-2026/analysis","conflicts":"/api/acts/planning-missing-middle-housing-amendment-bill-2026/conflicts","importantCases":"/api/acts/planning-missing-middle-housing-amendment-bill-2026/important-cases","documents":"/api/acts/planning-missing-middle-housing-amendment-bill-2026/documents"}}