36End of application of div 5.2

36 End of application of div 5.2 (1) This division stops applying to a parcel of land on the happening of any of the following days: (a) if the parcel is subdivided under the Unit Titles Act—the day after the end of the financial year when the subdivision happens; (b) if, 2 years after the qualifying development application for the parcel is made, development has not started, or has started but has not materially affected the ability to use the parcel for the purposes permitted by the lease—the 1st day after the end of the 2-year period; (c) if the owner of the land has not applied for the subdivision of the land under the Unit Titles Act, part 3 before the end of 30 days beginning on the day a certificate of occupancy is issued under the Building Act 2004 for the development, or before the end of any longer period that the commissioner allows—the first day after the end of the 30-day period or the longer period;

(d) if the land is not subdivided under the Unit Titles Act within 1 year beginning on the day the application (or, if there is more than 1 application, the 1st application) mentioned in paragraph (c) was made, or within any longer period that the commissioner allows—the 1st day after the end of the 1 year period or the longer period; (e) if there is a variation of the lease, so that the development of the land partly for residential and partly for commercial purposes is no longer permitted—the day the change happens; (f) if development of the land for subdivision under the Unit Titles Act is abandoned—the day it is abandoned. (2) This division also stops applying to a parcel of land if— (a) the qualifying development application for the parcel of land is withdrawn by the applicant by written notice to the commissioner; or (b) the commissioner gives notice to the applicant that the application is to be treated as withdrawn. (3) The commissioner may allow a longer period under subsection (1) (c) only if— (a) the owner applies, in writing, within a period of 120 days beginning on the day the certificate of occupancy is issued, to the commissioner for a longer period to apply for subdivision of the land; and (b) the commissioner is satisfied that the owner of the land could not have applied for subdivision of the land before the end of the 30-day period mentioned in subsection (1) (c) because of exceptional circumstances. (4) For subsection (2), this division stops applying to the parcel on the day the notice is given.