Page 3805 - Week 10 - Thursday, 27 August 2009
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Clauses 13 and 14 of the bill clarify when an entity is taken to have paid not less than the market value for a lease when payment for a lease includes a combination of money and infrastructure or works. Clause 14 also makes it clear that in determining the price paid for a lease, payment may include works on another lease or services to be provided.
To remove any doubt, clause 17 inserts a new subsection in section 255 of the act to make it clear that a further lease may include provisions that are different to those in the original lease.
Clauses 19 and 20 deal with applications for extension of time to commence or complete building and development. In 2008 amendments were made to the relevant provisions in the act and the regulation. Industry expressed concerns that the regulation did not provide for the scaling of fees over time in the manner intended.
The amendments made by the bill make it clear that the fee for an extension of time is scaled over time. Clause 20 omits subsections from the act so that there is no upper limit on the number of extensions that can be granted provided the required fee is paid. Clauses 23 to 32 of the bill are amendments to the transitional provisions in chapter 15 of the act.
Clauses 23 and 24 expand section 442 so that the repealed act continues to apply in relation to an application for an amendment of an approval under the repealed act as well as an application for approval under the repealed act. Clause 25 inserts a new section 442C which sets out the transitional position for development applications for approval of an estate development plan where processes were begun before the commencement of the act but the application is lodged after commencement of the act. The intention is that the repealed act and old territory plan apply to the assessment of all development applications for estate development plans that were submitted to the authority for comment prior to the commencement date of the act.
Clause 26 substitutes a new section 444 which specifies that the section applies not only when a person has approval immediately before the commencement day of the act but also when the authority gives an approval under the repealed act after the commencement of the act. Clause 26 also inserts a new section 444A which corrects an omission from the transitional provisions of the act. The transitional provisions in the act indicated when a development approval ends under the transitional arrangements but did not indicate when the approval commences. The new section 444A makes it clear that the approval commences in accordance with the repealed act and not the act.
Clause 27 amends section 445 so that when an approval has been given under the repealed act it is deemed to be an approval under the new Planning and Development Act. The amendment makes the provision consistent with clause 26 which deems all approvals granted under the repealed act to be approvals under the new act.
Clause 28 relates to lease and development conditions. The repealed act and the old territory plan permitted the creation of lease and development conditions to apply local specific rules to the relevant area. Under the repealed act, lease and development conditions played a role in informing the market prior to release of land.
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