Planning and Development Amendment Regulation 2009 (No 10) (ACT)

Planning and Development Amendment Regulation 2009 (No 10)

Subordinate Law SL2009-39

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

Dated 22 July 2009.

Andrew Barr

Minister

Simon Corbell

Minister

Planning and Development Amendment Regulation 2009 (No 10)

Subordinate Law SL2009-39

made under the

Planning and Development Act 2007

Contents

Page

1. Name of regulation  1

2. Commencement  1

3. Legislation amended  1

4. Schedule 1, section 1.96, definition of existing school  1

5. Schedule 1, new section 1.96A  1

1. Name of regulation

   This regulation is the Planning and Development Amendment Regulation 2009 (No 10).

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, section 1.96, definition of existing school

   omit

5. Schedule 1, new section 1.96A

   insert

1.96AMeaning of existing school—div 1.3.6A

(1)In this division:

existing school means—

(a)1 of the following that exists on the commencement day:

(i)a government school within the meaning of the Education Act 2004;

(ii)a non-government school within the meaning of the Education Act 2004;

(iii)a childcare centre, licensed under the Children and Young People Act 2008, section 747, primarily for the education of young children; or

Examples—education of young children

preschool, early learning centre

NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(b)land that—

(i)either—

(A)has been a type of school mentioned in paragraph (a) (i) to (iii) that existed before the commencement day; or

(B)is adjacent to something mentioned in paragraph (a); and

(ii)is being developed or redeveloped to be, or be part of, a type of school mentioned in paragraph (a) (i) to (iii); and

(iii)is declared by the Minister to be an existing school.

Examples

1land adjacent to a primary school that is being developed as part of a staged expansion of the school

2a site that was a high school but is not currently operating while being redeveloped as a school

(2)A declaration for subsection (1) (b) (iii) is a notifiable instrument.

NoteA notifiable instrument must be notified under the Legislation Act.

Endnotes

1. Notification

   Notified under the Legislation Act on 23 July 2009.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2009