Planning Act 2023

The territory planning authority must not approve a dealing under section 306 in relation to a lease unless—

satisfied that the person to whom it is proposed that the lease be assigned or transferred, the person to whom it is proposed that a sublease should be granted or the person to whom it is proposed that possession of the land should be given—

is a person (an eligible person) who could be granted the concessional lease; or

for a dealing with a community lease—

is a community organisation; and

satisfies the criteria prescribed under section 295 (Grant of community lease by tender); or

for a sublease—satisfied that the lessee, or an eligible person, continues to be the main user of the lease.

In deciding whether the lessee proposing to grant a sublease, or an eligible person, continues to be the main user of the lease, the territory planning authority must consider the following:

the proposed area of the sublease;

the extent to which the lessee or eligible person continues to provide most of the goods, services or both to be provided from the area leased;

the extent to which the use of the area proposed to be subleased will be ancillary to the permitted uses of the area that is not proposed to be subleased;

the extent to which the use of the area proposed to be subleased will be complementary to the use of the area that is not proposed to be subleased.

The validity of a dealing made or entered into with the territory planning authority’s approval is not affected—

by a defect or irregularity in relation to the giving of the approval; or

because a ground, or all grounds, for the approval had not arisen.

Division 10.5.3 Varying concessional leases to remove concessional status