Planning and Development Amendment Regulation 2021 (No 1) (ACT)

Planning and Development Amendment Regulation 2021 (No 1)

Subordinate Law SL2021-16

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

Dated 29 May 2021.

Mick Gentleman

Minister

Andrew Barr

Minister

Planning and Development Amendment Regulation 2021 (No 1)

Subordinate Law SL2021-16

made under the

Planning and Development Act 2007

1. Name of regulation

   This regulation is the Planning and Development Amendment Regulation 2021 (No 1).

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 part 3.1AAA

   before part 3.1AB, insert

Part 3.1AAA           Prohibited waste facility development applications

20AASites that are not waste facilities—Act, s 137F (2), def waste facility, par (b) (ii)

(1)A site, other than an incineration facility, that is used to handle not more than 15kt of waste each year (a small waste site) is prescribed.

(2)To avoid any doubt, subsection (1) is not intended to permit the planning and land authority to accept a development application from an existing small waste site that would, if it were approved, permit an increase in the amount of waste handled each year on the site to more than 15kt.

NoteFor the Act, s 137F,  a site that handles not more than 15kt of waste each year is a prescribed site under s (1) and therefore not a waste facility (see Act, s 137F (2), def waste facility, par (b) (ii)). However, if a development application is lodged to increase the amount of waste handled each year on the site to more than 15kt, the site is a waste facility and the application is a prohibited waste development application (see Act, s 137F (2)).

Endnotes

1. Notification

   Notified under the Legislation Act on 5 July 2021.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2021