Planning (General) Regulation 2023
44Direct sale criteria for non-government educational
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44 Direct sale criteria for non-government educational establishments—Act, s 266 (1) (a) (i) (1) The criteria for the direct sale of a lease to a person for an educational establishment are— (a) the person is— (i) if the land is to be used for a new non‑government school— the holder of an in‑principle approval for registration of a school at the location of the land; or (ii) if the land is to be used for a new campus of a registered non‑government school—the proprietor of the non‑government school; or (iii) a registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3; or
(iv) a registered higher education provider under the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth); and (b) the person meets the business-case criteria in relation to the proposed development and— (i) the use of the land for an educational establishment will promote ACT or Commonwealth government policies in relation to educational services; or (ii) the educational establishment will meet an education need in the ACT that is not being met by existing education providers by providing— (A) opportunities for education or training in an area of shortage of appropriately qualified or skilled people in the ACT; or (B) education to people who, because of a group to which they belong, may experience disadvantage in the provision of educational services unless their particular needs are met. Examples—par (b) (ii) (B)