Planning (General) Regulation 2023
100Application for reduction or waiver for hardship—Act,
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100 Application for reduction or waiver for hardship—Act, s 374 (4) (1) A lessee may apply to the territory planning authority for a reduction or waiver of a noncompliance fee if— (a) the lessee is an individual; and (b) any of the following reasons (a hardship reason) apply: (i) the lessee, or someone on whom the lessee is financially dependent, has a medical condition that prevents full-time employment; (ii) the lessee, or someone on whom the lessee is financially dependent, is unemployed; (iii) the lessee, or someone on whom the lessee is financially dependent, is bankrupt or personally insolvent; (iv) someone on whom the lessee is financially dependent has died; (v) an unforeseen major event outside the lessee’s control happened after the lessee was granted the lease, and the event has had a demonstrable effect on the lessee’s ability to develop the land described in the lease. Examples—unforeseen major event 1 a bushfire 2 large increase in interest rates (2) However, a lessee may not apply for a reduction or waiver of a noncompliance fee— (a) in relation to multiple incomplete works at a time; or (b) if the lessee has received a reduction or waiver of a noncompliance fee for a hardship reason in relation to another lease within 5 years of making the application.
(3) The application must be in writing and be accompanied by evidence of the hardship reason. medical condition includes a physical or mental illness or disability.