30Definitions for div 5.2

30 Definitions for div 5.2 In this division: eligible parcel of land means a parcel of rateable land for which the lease of the parcel allows development of the parcel for residential and commercial purposes. qualifying development application, for an eligible parcel of land, means an application under section 31 (2) for the parcel. qualifying development determination, for an eligible parcel of land, means a determination under section 32 for the parcel. qualifying parcel of land means a parcel of land to which this division applies because of section 35. variation, of a lease, includes— (a) amendment of the lease; and (b) surrender and regrant of the lease. 31 Application by owner of eligible parcel of land (1) The owner of an eligible parcel of land may apply to the commissioner for the parcel to be dealt with under this division if— (a) the owner intends— (i) to develop the land partly for residential purposes and partly for commercial purposes; and

(ii) to apply for subdivision of the developed land under the Unit Titles Act; and (b) when the application is made— (i) the parcel of land is entirely undeveloped; or (ii) the owner— (A) has development approval to undertake commercial and residential development on the parcel; and (B) intends to start the development not later than 2 years after the day the application is made. Example—working out the 2-year period ABC Mixed Developments Pty Ltd plans to make a qualifying development application for a parcel of land on 1 July 2021. When the application is made, ABC Mixed Development Pty Ltd must intend to start the development on the parcel on or before 1 July 2023. (2) The application must— (a) be in writing and signed by the owner of the parcel of land; and (b) identify the parcel of land; and (c) specify, in relation to the intended development— (i) the parts that are intended to be used for residential purposes; and (ii) the parts that are intended to be used for commercial purposes. (3) The application must be accompanied by— (a) any draft or approved plans relating to the intended development; and (b) if the development approval has been given—a copy of the development approval; and

(c) a copy of the lease of the parcel of land. development approval—see the Planning Act 2023, dictionary.