Planning and Development Amendment Regulation 2009 (No 3) (ACT)

Planning and Development Amendment Regulation 2009 (No 3)

Subordinate Law SL2009-9

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

Dated 20 March 2009.

Andrew Barr

Minister

Katy Gallagher

Minister

Planning and Development Amendment Regulation 2009 (No 3)

Subordinate Law SL2009-9

made under the

Planning and Development Act 2007

1. Name of regulation

   This regulation is the Planning and Development Amendment Regulation 2009 (No 3).

2. Commencement

   This regulation commences on a day fixed by the Minister by written notice.

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

   Note 2A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

   Note 3If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

3. Legislation amended

   This regulation amends the Planning and Development Regulation 2008.

4. New section 405

   insert

5. Expiry—sch 2 items

   This section and schedule 2, item 7 and item 8 expire on 31 March 2013.

6. Schedule 2, new items 7 and 8

   insert

7

Building a new building or altering or demolishing an existing building (and carrying out any related earthworks or other construction work on or under the land) if—

(a)       the building is on an existing school campus; and

(b)       the building is—

(i)      a class 3 building; or

(ii)     a class 9b building.

Example—class 3 building

dormitory

Examples—class 9b buildings

hall, auditorium, gymnasium, library, classroom

Note 1     Some developments may be exempt from the requirement for development approval (see sch 1, s 1.99C and s 1.99D).

Note 2     Class, for a building or structure, means the class of building or structure under the building code (see dict).

Note 3     An 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).

8

Any of the following activities in relation to an existing school campus (including carrying out any related earthworks or other construction work on or under the land):

(a)       building or installing an entrance to a school;

(b)       building or installing a verandah, including a balcony, awning, portico or landing;

(c)       putting up, attaching or displaying a sign or altering or removing a sign;

(d)       building or installing playground and exercise equipment;

(e)       building or installing a fence;

(f)       building or installing a shade structure;

(g)       building or installing a covered walkway;

(h)       building or installing a flag pole;

(i)        building or installing a water tank;

(j)        landscape gardening;

(k)       building or installing a car park;

(l)        building or installing a bicycle enclosure;

(m)      building or installing a toilet facility or change room facility;

(n)       sealing or resealing a driveway;

(o)       building or installing a demountable or transportable building;

(p)       building or installing a class 10b structure.

Examples—class 10b structures

retaining or freestanding wall, mast or antenna, swimming pool.

Note 1     Some developments may be exempt from the requirement for development approval (see sch 1, div 1.3.6A).

Note 2 An 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).

Endnotes

1. Notification

   Notified under the Legislation Act on 20 March 2009.

2. Republications of amended laws

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