Planning and Development Amendment Regulation 2012 (No 3) (ACT)

Planning and Development Amendment Regulation 2012 (No 3)

Subordinate Law SL2012-23

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

Dated 13 June 2012.

Simon Corbell

Minister

Andrew Barr

Minister

Planning and Development Amendment Regulation 2012 (No 3)

Subordinate Law SL2012-23

made under the

Planning and Development Act 2007

1. Name of regulation

   This regulation is the Planning and Development Amendment Regulation 2012 (No 3).

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 50A

   insert

50ACriteria for development application exemption from EIS—Act, s 211 (3)

The following criteria are prescribed:

(a)whether the study was conducted by an appropriately qualified person with relevant expertise and experience in relation to the environmental values of the land in the proposal;

(b)if the study does not relate directly to the proposal—whether there is sufficient detail to allow assessment of the environmental impacts likely to occur if the proposal proceeds;

(c)whether the part of the study relevant to the proposal required public consultation through a statutory process or as part of a government policy development;

(d)that the study is not more than 5 years old;

(e)if the study is more than 18 months old—that an appropriately qualified person with no current professional relationship with the proponent verifies that the information in the study is current.

Example—par (c)

the public consultation process in a Territory plan variation under the Act, div 5.3.2

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).

Endnotes

1. Notification

   Notified under the Legislation Act on 21 June 2012.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2012