17Process for variation of lease

17 Process for variation of lease

Lessee may apply for variation of lease (1) A lessee (the applicant) may apply to the Minister for a variation of the lease. (2) The application must be accompanied by the prescribed fee (if any). Decision on application (3) On an application, the Minister must do one of the following: (a) approve the application on the terms sought by the applicant; (b) approve the application on terms different from those sought by the applicant; (c) refuse the application. (4) If the Minister approves the application under paragraph (3)(a) or (b), the Minister must determine the amount of lease variation charge (if any) payable for the variation of lease approved by the Minister. (5) The Minister may only approve a variation of lease that is consistent with the National Capital Plan. (6) In considering the application, the Minister must have regard to the following: (a) the National Capital Plan; (b) all information provided in relation to the application; (c) any other matter the Minister considers relevant. Timing and notification of decision (7) The Minister must make a decision in relation to an application: (a) within the period ending 4 months after receiving the application; or (b) if a longer period is agreed in writing by the Minister and the applicant—within that period; or (c) if the Minister requests the applicant to provide further information—within whichever of the following periods ends last: (i) the period mentioned in paragraph (a); (ii) the period ending 20 business days after the day the further information is provided to the Minister; (iii) the period agreed by the Minister and the applicant. (8) If the Minister does not make a decision in relation to the application within the period set out in subsection (7), the Minister is taken to have refused the application. (9) The Minister must give the applicant written notice of the Minister’s decision. (10) If the Minister approves the application, the notice must: (a) set out the variations to the lease that have been approved; and (b) specify how the lease variation charge has been worked out; and (c) specify the day by which the lease variation charge must be paid; and (d) include an instrument or instruments to give effect to the approved variations to the lease.

Note: The instruments that effect the approved variations may be, or include, a surrender of lease and grant of a new lease.

(11) If the Minister refuses to approve the application, the notice must include reasons for the refusal. (12) Subsection (11) does not apply to a decision that is a refusal to approve the application taken to be made under subsection (8).