Planning and Development Amendment Regulation 2008 (No 5) (ACT)

Planning and Development Amendment Regulation 2008 (No 5)

Subordinate Law SL2008-52

The Australian Capital Territory Executive makes the following regulation under the Planning and Development Act 2007.

Dated 19 December 2008.

Andrew Barr

Minister

Katy Gallagher

Minister

Planning and Development Amendment Regulation 2008 (No 5)

Subordinate Law SL2008-52

made under the

Planning and Development Act 2007

1. Name of regulation

   This regulation is the Planning and Development Amendment Regulation 2008 (No 5).

2. Commencement

   This regulation commences on the day after its notification day.

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

3. Legislation amended

   This regulation amends the Planning and Development Regulation 2008.

4. Schedule 1, new section 1.100 (1) (aa)

   insert

   (aa)if the block is a preliminary block—the dwelling is built by the lessee of the holding lease; and

5. Schedule 1, new section 1.100 (1A)

   after the notes, insert

   (1A)For subsection (1) (aa), a dwelling is taken to be built by the lessee even if some or all of the building work is done by an employee or contractor of the lessee.

6. Schedule 1, new section 1.100 (3)

   insert

   (3)In this section:

   block includes a preliminary block.

   preliminary block—land is taken to be a preliminary block if—

   (a)the land is part of a holding lease; and

   (b)an estate development plan (an EDP) has been approved under the Act, section 162 (Deciding development applications) in relation to the lease; and

   (c)the EDP identifies the land as a block; and

   (d)information about the boundaries of, and the distinguishing name or number for the land is recorded in the database maintained by the planning and land authority under the Districts Act 2002, section 17 (Digital cadastral database); and

   (e)the land is not otherwise a block under the Districts Act 2002.

   NoteEstate development plan—see the Act, s 94.

7. Dictionary, new definition

   insert

   holding lease—see the Districts Act 2002, section 7 (7).

Endnotes

1. Notification

   Notified under the Legislation Act on 22 December 2008.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2008