309Development application to remove concessional status

309 Development application to remove concessional status of lease (1) This section applies to a development application to vary a concessional lease to remove its concessional status. (2) The territory planning authority must refer the development application to the Minister for decision under section 185 (Deciding development applications). (3) In deciding the development application under section 185, the Minister must also consider the following: (a) any information or documents required to accompany the application under section 166 (2) (d); (b) whether the Territory wishes to continue to monitor the use and operation of the concessional lease by requiring approval before the lease is dealt with;

Division 10.5.3 Varying concessional leases to remove concessional status (c) whether approving the application would cause any disadvantage to the public, taking into account potential uses of the leased land— (i) mentioned in a statement under section 294 (Statement of future community land for stated districts); or (ii) that are consistent with the territory plan, whether or not those uses are authorised by the lease; (d) whether the Territory should buy back, or otherwise acquire, the (e) whether the Territory wishes to encourage the continued use of the leased land for an authorised use under the lease by retaining the concessional status of the lease; (f) whether varying the lease to remove its concessional status would be consistent with any statement under section 294 or notice under section 295 (1) (c) (Grant of community lease by tender) that applies to the lease; (g) any representation about the application received by the territory planning authority and not withdrawn; (h) the availability and leased purpose of any land to which concessional leases or community uses apply in the surrounding area. (4) The development application must be for approval to vary the lease to remove its concessional status only. (5) The following provisions do not apply to the development application: (a) section 170 (When authority must refer development application); (b) section 186 (Considerations when deciding development applications);

Varying concessional leases to remove concessional status Division 10.5.3 (c) section 187 (Conditional approvals); (d) section 189 (Restrictions on development approval); (e) section 190 (Development approval contrary to entity advice); (f) section 191 (Referral of matter protected by the Commonwealth). (6) The Minister must not approve the development application without the approval of the Executive.