Planning Act 2023
328Lease variation charge payable for chargeable variation
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328 Lease variation charge payable for chargeable variation (1) The territory planning authority must not execute a chargeable variation of a nominal rent lease unless— (a) the total lease variation charge for the variation has been paid to the Territory; or (b) a deferral arrangement in relation to the total lease variation charge has been entered into. Note If the territory planning authority has executed a variation of a nominal rent lease, the authority must lodge a copy of the variation with the registrar-general for registration. A lease variation takes effect on registration (see Land Titles Act 1925, s 72A). (2) A lease variation charge is taken to be paid to the Territory if— (a) the amount of the charge is waived by the Treasurer under the Financial Management Act 1996, section 131 (Waiver of debts etc); or
(b) part of the amount is waived and the rest of the amount is paid. (3) Payment of the lease variation charge, or entering into a deferral arrangement in relation to the lease variation charge, does not affect any right a person may have to apply for reconsideration under section 335. total lease variation charge, in relation to a chargeable variation of a nominal rent lease, means the following: (a) the standard or non-standard lease variation charge applying to the variation; (b) less any reduction under section 338; (c) plus any increase under section 339.