Page 2551 - Week 06 - Thursday, 23 June 2011

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insert

(g) anything mentioned in paragraphs (a) to (e) proposed in a development application in relation to a chargeable variation of a nominal rent lease to be carried out on land outside of the land under the lease.

14

Clause 10

Proposed new section 278

Page 17, line 16—

omit proposed new section 278, substitute

278When commissioner must remit lease variation charge—sustainability

(1) This section applies if—

(a) a development application for a chargeable variation of a nominal rent lease is approved; and

(b) the approval also relates to the development of a building on the land under the lease; and

(c) the building complies with a requirement for energy efficiency determined by the Minister.

(2) The Minister may determine a requirement for energy efficiency under subsection (1) (c).

(3) The Treasurer may determine—

(a) an amount to be remitted for a lease variation charge for the chargeable variation; and

(b) when the amount must be remitted.

(4) A determination is a disallowable instrument.

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

(5) The commissioner for revenue must remit the amount determined under subsection (3) (a) for the lease variation charge for the chargeable variation when the amount is determined to be remitted under subsection (3) (b).

278AWhen commissioner must remit lease variation charge—certain zones

(1) This section applies to a chargeable variation of a nominal rent lease if—

(a) the variation—

(i) increases the number of dwellings permitted on the land under the lease; or

(ii) increases, or has the effect of increasing, the maximum gross floor area of any building or structure on the land under the lease; and

(b) the land is in a zone determined by the Minister; and

(c) any circumstances determined by the Minister apply to the variation.


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