PLANNING AND ENVIRONMENT ACT 1987 - SECT 201SA Circumstances where GAIC not imposed

PLANNING AND ENVIRONMENT ACT 1987 - SECT 201SA

Section 201S does not apply in respect of the following land—

        (a)     any land or part of any land that is the subject of a dutiable transaction relating to that land, if the land or part—

              (i)     has a total lot area of between 0·41 hectares and 10 hectares, or is part of a lot (the other part of the lot not being in the contribution area) and that part of the lot has a total lot area of between 0·41 hectares and 10 hectares; and

              (ii)     immediately before the commencement day had a habitable dwelling on it; or

        (b)     any land or part of any land that is the subject of a dutiable transaction relating to that land, if the land or part—

              (i)     has a total lot area of between 0·41 hectares and 5 hectares; or

              (ii)     is part of a lot (the other part of the lot not being in the contribution area) and that part of the lot has a total lot area of between 0·41 hectares and 5 hectares; or

        (c)     any land or part of any land that is the subject of a dutiable transaction relating to that land, if there is at the time of the occurrence of the transaction and on the relevant day—

              (i)     a registered restrictive covenant, or an agreement made under section 173, prohibiting subdivision of that land or part; or

              (ii)     a registered restrictive covenant, or an agreement made under section 173, limiting the use of that land or part to residential purposes and to the erection of a single dwelling; or

        (d)     any land or part of any land that is the subject of a GAIC event, if—

              (i)     the land or part on the relevant day and at the time of the occurrence of the event had a total lot area of 0·41 hectares or less; or

S. 201SA(d)(ii) substituted by No. 31/2011 s. 6.

              (ii)     the land or part—

    (A)     was specified as a lot having an area of 0·41 hectares or less in a plan of subdivision authorised by a planning permit referred to in section 201RB(d)(i) and registration of the plan had taken effect before the time of the occurrence of the GAIC event; and

    (B)     is a lot having an area of 0·41 hectares or less at the time of the occurrence of the GAIC event; or

              (iii)     the land or part—

    (A)     was a lot created by an excluded subdivision of land referred to in section 201RF(f) or (g); and

    (B)     is a lot having an area of 0·41 hectares or less at the time of the occurrence of the GAIC event.

S. 201SB inserted by No. 23/2010 s. 9.