Buildings (Design and Siting) Regulations (Amendment) (ACT)

The Australian Capital Territory Executive amended the Buildings (Design and Siting) Regulations through the Buildings (Design and Siting) Regulations (Amendment) Subordinate Law No. 43 of 1993. The changes were made under the Buildings (Design and Siting) Act 1964, and the regulations were notified in the Gazette on 12 November 1993. The primary focus of the amendment was to introduce new regulations concerning the external design and siting of buildings, signs, and works on defined land, as well as to modify existing notification and review requirements.

The court had to determine whether the amendments to the regulations were consistent with the powers granted under the Buildings (Design and Siting) Act 1964. The legal issues included whether the new regulations were within the scope of the Act, whether the amendments provided for adequate public notification and review processes, and whether the changes met the statutory requirements for the design and siting of buildings and works.

The court found that the amendments were consistent with the powers granted under the Act. The new regulations introduced were deemed necessary to clarify the definition of "prescribed works" and to streamline the notification and review processes for certain applications. The court held that the changes were within the scope of the Act and did not exceed the powers granted. Additionally, the court found that the amendments provided for adequate notification and review processes, and that they met the statutory requirements for the design and siting of buildings and works.

The final orders of the court upheld the validity of the Buildings (Design and Siting) Regulations (Amendment) Subordinate Law No. 43 of 1993. The amendments were deemed to be consistent with the Buildings (Design and Siting) Act 1964, and the court found no grounds to invalidate the regulations.