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Concessional lease change
Deciding and removing the concessional status of a lease
A development application can be lodged to vary a lease granted as a concessional lease to remove its concessional status.
Removing concessional status
Deconcessionalising a lease will require the preparation of an Environmental Impact Statement and as a consequence, the lodgement of a development application in the impact track seeking to vary the lease. A scoping document will determine what the Environmental Impact Statement needs to address. It may, for example, require assessment of the social impacts.
Before assessing the development application, the Minister must consider the matter and conclude that the removal of the concessional lease status would be in the public interest, taking into account whether the change would disadvantage the community and other matters. If the Minister finds that the change is in the public interest, we must then assess the development application against the requirements of the Territory Plan.
Approval to deconcessionalise
If approved, the lessee must pay the Territory the payout amount determined in accordance with a prescribed formula.
Surrender and regrant of lease
If a lease is varied only to remove the concessional status by surrender and regrant of the lease, the regranted lease authorises each use authorised under the previous lease.
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