Section 41
Determination of development charge
of Federal Territory (Planning) Act 1982
Before granting planning permission for any development, the Commissioner shall determine whether a development charge is payable in respect of the development and, if payable, the amount thereof, and shall serve on the applicant for planning permission an order in the prescribed form demanding payment of the amount:
Provided that the Commissioner may in his discretion permit the development charge to be paid by such number of instalments as he deems just together with interest thereon at such rate as he may fix.
(2)
Notwithstanding anything in this Act, the Commissioner may refuse to grant planning permission or revoke any development order granting planning permission for any development at any time if the development charge in respect of such development or any part thereof remains unpaid; and section 25 shall not apply to any development order revoked under this subsection.
(3)
The Commissioner may at any time vary any order issued under subsection (1) if he is satisfied that subsequent to the issue of such order the actual density, floor area or plot ratio differs from the density, floor area or plot ratio upon which the development charge has been based, and shall determine the new development charge accordingly and make an order to that effect.
Federal Territory (Planning) 47
(4)
The Commissioner shall serve the order made under subsection (3) in the manner specified in subsection (1).
(5)
The Commissioner shall—
(a)
demand the payment of the difference in the amount of development charge if the amount in the order made under subsection (3) exceeds the amount specified in the order made under subsection (1); or
(b)
refund the difference in the amount of the development charge if the amount paid in consequence of the order under subsection (1) exceeds the amount specified in the order made under subsection (3).