Land (Planning and Environment) Amendment Regulations 2004 (No 1) (ACT)

Case

Land (Planning and Environment) Amendment Regulations 2004 (No 1)

Subordinate Law SL2004-12

The Australian Capital Territory Executive makes the following regulations under the Land (Planning and Environment) Act 1991.

Dated 29 April 2004.

Simon Corbell

Minister

Katy Gallagher

Minister

Land (Planning and Environment) Amendment Regulations 2004 (No 1)

Subordinate Law SL2004-12

made under the

Land (Planning and Environment) Act 1991

Contents

Page

  1. Name of regulations  1

  2. Commencement  1

  3. Legislation amended  1

  4. New regulation 4A  1

  5. Regulation 40 (4) (b)  1

  6. New regulation 40 (5) and (6)  2

  7. Regulation 41 (3)  2

  8. Regulation 42 heading  2

  9. New regulation 42 (3) to (5)  3

  10. Regulation 43 heading  4

  11. Regulation 43 (3)  4

  12. Schedule 1, item 31  4

  13. Schedule 6 heading  4

  14. Schedule 6, item 2  5

  15. Schedule 7 heading  5

  16. Schedule 7, item 2  5

  1. Name of regulations

    These regulations are the Land (Planning and Environment) Amendment Regulations 2004 (No 1).

  2. Commencement

    These regulations commence on the day after their notification day.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

  3. Legislation amended

    These regulations amend the Land (Planning and Environment) Regulations 1992.

  4. New regulation 4A

    in part 1, insert

4AApplication of amendments by Land (Planning and Environment) Amendment Regulations 2004 (No 1)

(1)The amendments of these regulations by the Land (Planning and Environment) Amendment Regulations 2004 (No 1) do not apply to an application to undertake a development made before the commencement of the amendments.

(2)This regulation expires 6 months after the day it commences.

  1. Regulation 40 (4) (b)

    substitute

    (b)the development would be inconsistent with a requirement stated in the heritage places register, or an interim heritage places register, for the conservation of the heritage significance of the place; or

  2. New regulation 40 (5) and (6)

    insert

    (5)The Act, part 6 does not apply to—

    (a)the construction, alteration or demolition of a public road in a designated area; or

    (b)any works in a designated area related to the construction, alteration or demolition of a public road; or

    (c)any other development in a designated area that requires approval under the Commonwealth Act, section 12 (Works in Designated Areas to be subject to Plan and approval by the Authority).

    (6)In subregulation (5):

    Commonwealth Act means the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth)

    designated area—see the Commonwealth Act, section 4, definition of Designated Area.

    works—see the Commonwealth Act, section 4.

  3. Regulation 41 (3)

    omit

  4. Regulation 42 heading

    substitute

  5. Exclusion of appeals—general

  6. New regulation 42 (3) to (5)

    insert

    (3)The Act, section 275 does not apply to a decision by the relevant authority in relation to the construction of the Gungahlin Drive extension.

    (4)In subregulation (3):

    Gungahlin Drive extension means the road proposed to run from the Barton Highway to the Glenloch Interchange, substantially as shown in the plans mentioned in the following reports (which are available for public inspection at the offices of the administrative unit responsible for road services):

    (a)Gungahlin Drive Extension Document Readiness Report, February 2004 Package A, Project No US 01176C-01, plan numbers 32416A-PP-061, 062, 063, 064, 065 and 066;

    (b)Gungahlin Drive Extension Document Readiness Report, February 2004 Package B, Project No US 01176C-02, plan numbers 32416B-PP-061 and 062.

    Note 1The plans are available for public inspection at Roads ACT, level 7, Macarthur House, 12 Wattle Street, Lyneham ACT 2602.

    Note 2The plans are also available for public inspection at (3) and (4) and this subregulation expire 5 years after the day they commence.

  7. Regulation 43 heading

    substitute

  8. Exclusion of appeals by objectors and third parties—Act, s 276

  9. Regulation 43 (3)

    substitute

    (3)The Act, section 276 does not apply to a decision by the relevant authority in relation to the construction of the Gungahlin Drive extension.

    (4)In subregulation (3):

    Gungahlin Drive extension—see regulation 42 (4).

    (5)Subregulations (3) and (4) and this subregulation expire 5 years after the day they commence.

  10. Schedule 1, item 31

    omit

  11. Schedule 6 heading

    substitute

Schedule 6Exclusion of appeals, general—Act, s 275

(see reg 42)

  1. Schedule 6, item 2

    substitute

2 A development if the application for the development is decided by the Minister after consideration under the Act, section 229B.

  1. Schedule 7 heading

    substitute

Schedule 7Exclusion of appeals by objectors and third parties—Act, s 276

(see reg 43)

  1. Schedule 7, item 2

    substitute

2 A development if the application for the development is approved by the Minister after consideration under the Act, section 229B, whether or not a condition is included in the approval

Endnotes

  1. Notification

    Notified under the Legislation Act on 29 April 2023.

  2. Republications of amended laws

    For the latest republication of amended laws, see align="center">Australian Capital Territory 2004

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