Planning and Development Amendment Regulation 2009 (No 7) (ACT)

Case

Planning and Development Amendment Regulation 2009 (No 7)

Subordinate Law SL2009-31

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

Dated 22 June 2009.

Andrew Barr

Minister

John Hargreaves

Minister

Planning and Development Amendment Regulation 2009 (No 7)

Subordinate Law SL2009-31

made under the

Planning and Development Act 2007

Contents

Page

  1. Name of regulation  1

  2. Commencement  1

  3. Legislation amended  1

  4. New section 27 (4)  1

  5. New section 28 (2)  2

  6. Section 406 (1) (a)  2

  7. New section 407 (1)  2

  8. Schedule 2, new items 9 to 11  3

  9. Dictionary, note 2  5

  10. Dictionary, new definition of multi-unit housing  5

  1. Name of regulation

    This regulation is the Planning and Development Amendment Regulation 2009 (No 7).

  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. New section 27 (4)

    insert

    (4)However, an application for a development proposal in the merit track in the following items in schedule 2 is not prescribed for the Act, section 152 (1) (a):

    (a)item 9;

    (b)item 10;

    (c)item 11.

    NoteThe planning and land authority must publicly notify a development application for a proposal mentioned in s (4) in accordance with the Act, s 152 (1) (b).

  5. New section 28 (2)

    insert

    (2)Despite subsection (1) (b), for an application mentioned in section 27 (4), the period prescribed is 10 working days after the day the application is notified.

  6. Section 406 (1) (a)

    substitute

    (a)satisfied that the program provides funding for development or other activities—

    (i)in schools; or

    (ii)in relation to housing; and

  7. New section 407 (1)

    insert

    (1)The following provisions expire on 30 June 2012:

    (a)section 27 (4);          

    (b)section 28 (2);

    (c)schedule 2, item 9;

    (d)schedule 2, item 10;

    (e)schedule 2, item 11;

    (f)dictionary, definition of multi-unit housing.

  8. Schedule 2, new items 9 to 11

    insert

9

Building, altering or demolishing a single dwelling or multi-unit housing (each of which is a dwelling) (and carrying out any related earthworks or other constructions work on or under the land) if—

(a)    the building, altering or demolishing is funded completely or partly under 1 or more declared funding programs; and

(b)    the dwelling is built on a block—

(i)     leased by the Territory or a territory authority; or

(ii)    under an agreement with the Territory or a territory authority to transfer the block or part of the block to the Territory or a territory authority once built; and

(c)    the dwelling is to be—

  (i)   provided by the Territory or a territory authority under an approved housing assistance program under the Housing Assistance Act 2007; or

  (ii)   transferred by the Territory or a territory authority to a person to provide community housing within the meaning of the Housing Assistance Act 2007.

Note 1    Multi-unit housing—see the territory plan (13 Definitions).

Note 2    Some single dwelling developments may be exempt from the requirement for development approval (see sch 1, s 1.100 and s 1.100A).

10

Building, altering or demolishing a single dwelling or multi-unit housing (each of which is a dwelling) (and carrying out any related earthworks or other constructions work on or under the land) if—

(a)    the building, altering or demolishing is funded completely or partly under 1 or more declared funding programs; and

(b)    the dwelling is built on a block—

(i)     leased by a person who provides community housing within the meaning of the Housing Assistance Act 2007 (a community housing provider); or

(ii)    under an agreement with a community housing provider to transfer the block to the community housing provider once built; and

(c)    the dwelling is to be provided by a community housing provider for community housing within the meaning of the Housing Assistance Act 2007.

Note 1    Multi-unit housing—see the territory plan (13 Definitions).

Note 2    Some single dwelling developments may be exempt from the requirement for development approval (see sch 1, s 1.100 and s 1.100A).

11

Building, altering or demolishing a single dwelling or multi-unit housing (each of which is a dwelling) (and carrying out any related earthworks or other constructions work on or under the land) if—

(a)    the building, altering or demolishing is funded completely or partly under 1 or more declared funding programs; and

(b)    the dwelling is built on a block leased by Defence Housing Australia established under the Defence Housing Australia Act 1987 (Cwlth); and

(c)    the dwelling is to provide housing under the Defence Housing Australia Act 1987 (Cwlth).

Note 1    Multi-unit housing—see the territory plan (13 Definitions).

Note 2    Some single dwelling developments may be exempt from the requirement for development approval (see sch 1, s 1.100 and s 1.100A).

  1. Dictionary, note 2

    insert

    ·     territory authority

  2. Dictionary, new definition of multi-unit housing

    insert

    multi-unit housing—see the territory plan (13 Definitions).

Endnotes

  1. Notification

    Notified under the Legislation Act on 23 June 2009.

  2. Republications of amended laws

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

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