374Fee for noncompliance with building and development

374 Fee for noncompliance with building and development provision (a) a lease includes a building and development provision requiring works to be completed within a stated time; and (b) a certificate of occupancy has not been issued for the works; and (c) the works have not been completed within the stated time. (2) The lessee must pay the territory planning authority an amount prescribed by regulation (a noncompliance fee) for each period during which the works are incomplete. (3) The territory planning authority must, at the end of each period during which the works are incomplete, give the lessee written notice of the noncompliance fee payable for the period. (4) A regulation may prescribe circumstances in which a lessee may apply for a reduction or waiver of a noncompliance fee.

Noncompliance with building and development provisions Division 10.12.4 (5) A lessee is taken to comply with the building and development provision if the lessee pays the noncompliance fee when it is required to be paid (unless the fee is waived under the Financial Management Act 1996, section 131). Note If a lessee fails to pay a noncompliance fee or complete works within a new compliance time under s 375, the territory planning authority may terminate the lease (see s 457).