Australian Capital Territory Numbered Acts

PLANNING AND DEVELOPMENT AMENDMENT ACT 2010 (NO. 4 OF 2010) - SECT 12

insert

131B     Development proposal for lease variation other than in designated area

    (1)     This section applies to a development proposal that is a variation of a lease other than a lease in a designated area.

    (2)     The development proposal must be dealt with under the provisions of this Act that apply to the merit track unless—

        (a)     the territory plan requires the proposal to be dealt with under another track; or

        (b)     the impact track applies to the proposal under section 123 (Impact track applicability).

    (3)     However, if the development proposal is a variation to a lease to add an additional authorised use under the lease, the proposal must be dealt with under the provisions of this Act that apply to the track that applies to the proposed additional authorised use under the territory plan.