Planning and Development Amendment Regulation 2010 (No 4) (ACT)

Planning and Development Amendment Regulation 2010 (No 4)

Subordinate Law SL2010-22

The Australian Capital Territory Executive makes the following regulation under the Planning and Development Act 2007.

Dated 17 June 2010.

Andrew Barr

Minister

Joy Burch

Minister

Planning and Development Amendment Regulation 2010 (No 4)

Subordinate Law SL2010-22

made under the

Planning and Development Act 2007

Contents

Page

1. Name of regulation  1

2. Commencement  1

3. Legislation amended  1

4. Section 191 (1) and note  1

5. Section 191 (2), new definition of defined rural lease  2

6. Section 191 (2), definition of first amount  2

7. Section 191 (2), definition of owed amount  2

1. Name of regulation

   This regulation is the Planning and Development Amendment Regulation 2010 (No 4).

2. Commencement

   This regulation commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This regulation amends the Planning and Development Regulation 2008.

4. Section 191 (1) and note

   substitute  

   (1)The discharge amount in relation to a dealing with a rural lease, other than a defined rural lease, is the amount worked out as follows:

NoteDeal with a lease—see the Act, s 234.

(1A)The discharge amount in relation to a dealing with a defined rural lease is the owed amount plus $10 for each year, or part of a year, of the remainder of the holding period for the lease.

NoteHolding period—see the Act, s 282.

(1B)This section does not apply to a dealing with a special Pialligo lease.

1. Section 191 (2), new definition of defined rural lease

   insert

   defined rural lease means a rural lease—

   (a)for a term shorter than 21 years; and

   (b)that commenced at least 2 years before the discharge amount is paid.

2. Section 191 (2), definition of first amount

   omit

   with a term of not longer than 21 years

   substitute

   for a term shorter than 21 years

3. Section 191 (2), definition of owed amount

   substitute

   owed amount, in relation to a dealing with a lease, means—

   (a)for a lease for a term shorter than 21 years—any rent plus interest payable under the lease on the day of the dealing with the lease; or

   (b)for a lease for a term of 21 years or longer—any amount remaining to be paid under the lease, even if the amount is not yet owing.

Endnotes

1. Notification

   Notified under the Legislation Act on 21 June 2010.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2010