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Legislative Assembly for the ACT: 2012 Week 3 Hansard (22 March) . . Page.. 1252..


Planning—lease fee waivers (Question No 2096)

Ms Le Couteur asked the Minister for the Environment and Sustainable Development, upon notice, on 23 February 2012:

(1) How many waivers of lease fees has the ACT Planning and Land Authority granted for commercial leases.

(2) What is the total value of these waivers.

(3) For what purpose were each of these waivers granted.

(4) What criteria apply to these waivers.

(5) What rules apply to these determinations and how are the decisions made.

Mr Corbell: The answer to the member's question is as follows:

(1) For the last financial year 2010/20011 ESDD has waived fees for commercial leases consistent with the moratorium put in place by ACT Treasury in the wake of the Global Financial Crisis (GFC). The waiver commenced on 1 July 2009 and ended on 30 June 2011.

Three waivers relating to the period covered by the moratorium have been processed for the 2010-2011 financial year.

(2) The above mentioned waivers for the 2010-2011 financial year have a value of $163,961.66.

(3) The above mentioned waivers were granted as part of the Governments response to the financial impact of the GFC on the ACT building and construction industry and recognised the difficulty or raising capital during the GFC.

(4) The criteria were established by the Treasury Directorate as a Delegation under the Financial Management Act 1996. The waiver of lease fees applied to relevant commercial and industrial leases in a non-residential zone. They needed to be in zones where only industrial or commercial development was approved to be a mixed residential / commercial development where the residential component formed no more than 49% of the gross floor area.

(5) The lease must have permitted industrial / commercial development; or permitted mixed use development providing the lease required the residential component to be no more than 49% of floor area; or authorised by a development approval including conditions to restrict development to commercial / industrial and / or mixed use only and requiring the residential component to be no more than 49% of the gross floor area.

Decisions are made by assessing applications against the criteria.


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