Page 2550 - Week 06 - Thursday, 23 June 2011

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(a) as far as is practicable, represent the average market value in relation to the variation; and

(b) if a variation increases the number of dwellings permitted on the land under the lease—state an amount for each additional dwelling permitted on the land under the lease; and

(c) if a variation increases, or has the effect of increasing, the maximum gross floor area of any building or structure permitted for non-residential use on the land under the lease—state an amount for each additional square metre of gross floor area permitted on the land under the lease; and

(d) otherwise be made in accordance with any guideline approved under section 276E.

(4) The determination must state—

(a) the reasons for determining the lease variation charge; and

(b) how the charge was determined.

(5) A determination is a disallowable instrument.

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

(6) In this section:

average market value means the value worked out in accordance with a guideline approved under section 276E.

(7) Subsection (3) (a) does not apply to a determination made within 1 year after the day this section commences.

(8) This subsection and subsection (7) expire 1 year after the day this section commences.

Clause 10

Proposed new section 277A (2)

Page 11, line 26—

omit proposed new section 277A (2), substitute

(2) However, an existing improvement by way of clearing, filling, grading, draining, levelling or excavating the land may be taken into account.

Clause 10

Proposed new section 277A (3)

Page 12, line 1—

omit

Clause 10

Proposed new section 277A (4) (e)

Page 12, line 12—

omit

Clause 10

Proposed new section 277A (4) (g)

Page 12, line 21—

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