Planning Act 2023

On application under section 298, the territory planning authority must decide if the lease is a concessional lease.

However, if a person other than the lessee has a registered interest in the lease, the territory planning authority must not make a decision under subsection (1) unless the authority has—

given written notice of the application to the person; and

in the notice, invited the person to give written representations about the application to the authority at a stated address by not later than the end of a stated period of at least 15 working days after the day the notice is given to the person; and

considered any representations made in the time given in the notice.

If the territory planning authority is not satisfied that the lease is a concessional lease—

the authority must decide that the lease is not concessional; and

the lease is taken to be a market value lease.

However, the territory planning authority is taken to have decided that the lease is a concessional lease if the authority has not made a decision on the application at the end of the period of 15 working days after—

the day the application is made; or

if a person other than the lessee has a registered interest in the lease—the day the period for making representations given in the notice ends.

Despite subsection (4), the territory planning authority may, within 20 working days after the decision under subsection (4) is taken to have been made, decide that the lease is not a concessional lease.

Because a decision of the ACAT on review is taken to have been a decision of the original decision-maker, the territory planning authority will not be able to make a decision under s (5) if the ACAT has decided an application for review of the deemed decision under s (4) (see ACT Civil and Administrative Tribunal Act 2008, s 69).

The territory planning authority must give written notice of the decision under subsection (1) to the applicant and anyone else with a registered interest in the lease to which the decision relates.

The ACT Civil and Administrative Tribunal Act 2008, section 12 (When no action taken to be decision) does not apply to this section.