Planning Act 2023
212End of development approvals for lease variations
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212 End of development approvals for lease variations (a) a development approval that consists only of a variation of a (b) a part of a development approval that consists of a variation of a lease. (2) The development approval, or part of the approval, ends— (a) if— (i) the lease is varied in accordance with the approval; or (ii) the lease is terminated; or (iii) the approval is revoked under section 204; or
(iv) the approval-holder surrenders the approval to the territory planning authority; or (v) the lease expires and no application is made under section 289 (Grant of further leases) for a further lease; or Note A person may apply for the grant of a further lease not later than 6 months after the expiry of the affected lease. (vi) the lease is surrendered, other than for a lease variation or renewal; or (vii) the lease is subject to a condition that a charge be paid to the Territory in relation to the lease variation under section 311 (Working out amount payable to remove concessional status) or section 328 (Lease variation charge payable for chargeable variation)—2 years after the day the charge is determined; or (b) at the end of— (i) 2 years starting on the day after the day the approval takes effect; or (ii) if an application for review is made to the ACAT in relation to the approval or an appeal is made to a court in relation to the approval—2 years starting on the day after the day the application for review or appeal ends; or (iii) if, in relation to a decision about a payout amount under section 311 or a charge under section 328, an application for review to the ACAT is made—2 years starting on the day the application is decided, withdrawn, dismissed or struck out. (3) The territory planning authority may extend the development approval, or part of the approval, for up to 2 years. the approval ends under s 211, this section or s 213.