Planning and Development Regulation 2008 (ACT)
Planning and Development Regulation 2008 (repealed)
SL2008-2
made under the
Planning and Development Act 2007
Republication No 102
Effective: 27 November 2023
Republication date: 27 November 2023
As repealed by A2023‑18 s 648 (1)
About this republication
The republished law
This is a republication of the Planning and Development Regulation 2008 (repealed), made under the Planning and Development Act 2007, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).It also includes any commencement, amendment, repeal or expiry affecting this republished law to 27 November 2023.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Planning and Development Regulation 2008 (repealed)
made under the
Planning and Development Act 2007
Contents
Page
Chapter 1 Preliminary
1 Name of regulation 2
3 Dictionary 2
4 Notes 2
5 Meaning of dwelling 3
Chapter 1ADraft plan variations
6 Draft plan variations to be notified—Act, s 63 (5) (b) 4
7 People to be notified—Act, s 63 (5) (b) 4
Chapter 2 Strategic environmental assessments
10 Meaning of proposal—ch 2 6
11 Development of strategic environmental assessments—Act, s 101 (a) 6
12 Stage A—setting context and establishing baseline 7
13 Stage B—developing alternatives and deciding scope 7
14 Stage C—assessing environmental benefits and impacts 8
15 Stage D—consultation 9
16 Stage E—monitoring 10
17 Contents of strategic environmental assessments—Act, s 101 (b) 11
Chapter 3 Development approvals
Part 3.1AA Development proposals requiring EIS
19 Development proposals requiring EIS—electricity generating stations—Act, sch 4, pt 4.2, item 2, par (c) (i) (A) 14
19A Development proposals requiring EIS—annual expected greenhouse gas emissions—Act, sch 4, pt 4.3, item 9 14
Part 3.1 Exemptions from requirement for development approval
20 Exempt developments—Act, s 133, def exempt development 15
Part 3.1AAA Prohibited waste facility development applications
20AA Sites that are not waste facilities—Act, s 137F (2), def waste facility, par (b) (ii) 18
Part 3.1AB Pre-application matters
20A Prescribed development proposal for community consultation—Act, s 138AE 19
20B Consultation with design review panel—Act, s 138AL 20
Part 3.1A Exemption assessment matters
21 Number of copies of plans—Act, s 138B (2) (a) (ii) 21
22 Details to be included in exemption assessment application—Act, s 138B (2) (a) (iii) 21
22A Exemption assessment applications—Act,s 138B (2) (a) (iii) 22
23 Exemption assessment D notices––Act, s 138D (2) (b) (ii) 22
24 Exemption assessment D notice—attached documents—Act, s 138D (2) (b) (ii) 23
Part 3.2 Development applications
25 When survey certificate not required for development applications—Act, s 139 (2) (n) 25
25AA Annual expected greenhouse gas emissions—Act, s 139 (2) (u) 27
25A Prescribed encroachment for development encroaching on adjoining territory land—Act, s 137AC (1) (b) 27
26 Referral of certain development applications—Act, s 148 (1) 27
27 Public notification of merit track development applications—Act, s 152 (1) (a) and (2) 29
28 Public notification period—Act, s 157, def public notification period, par (a) 29
29 Conditions for code track proposals—Act, s 165 (4) 30
Part 3.3 Development approvals—when amendment not required
35 When development approvals do not require amendment—Act, s 198C (3) 32
Chapter 4 Environmental impact statements and inquiries
Part 4.1 Environmental impact statements
50 Preparation of EIS—Act, s 208 (1) 34
50A EIS exemption application—consultation with entities—Act, s 211E 37
51 Entities relevant for preparation of scoping documents—Act, s 212 (4) 37
52 Time for consulting entities on preparation of scoping documents 38
53 Extension of time for giving comments on scoping documentation 39
54 Content of scoping documents—Act, s 213 (1) 40
55 Criteria for consultants—Act, s 213 (3), def consultant 42
Part 4.2 Inquiry panels
70 Definitions—pt 4.2 43
71 List of experts for inquiry panels 43
72 Conflict of interests to be considered in appointing panel members 44
73 Disclosure of interests by panel members 44
74 Presiding member’s functions 45
75 Constitution of inquiry panels 45
76 Inquiries to be public 46
77 General procedure for inquiry panels 47
78 Arrangements for the use of staff and facilities 48
Chapter 5 Leases generally
Part 5.1 Direct sale of leases
Division 5.1.1 Interpretation—pt 5.1
100 Definitions—pt 5.1 49
101 Meaning of business-case criteria and business-case documentation—pt 5.1 50
102A Meaning of UNSW campus—pt 5.1 51
Division 5.1.2 Direct sales approved by Executive
105 Direct sales requiring approval by Executive—Act, s 240 (1) (a) 52
106 Direct sale criteria for territory entities—Act, s 240 (1) (a) (i) 53
107 Direct sale criteria for Commonwealth entities—Act, s 240 (1) (a) (i) 53
108 Direct sale criteria for non-government educational establishments—Act, s 240 (1) (a) (i) 54
109 Direct sale criterion for unallocated land for housing commissioner—Act, s 240 (1) (a) (i) 56
110 Direct sale criteria for leases of contiguous unleased land that is public land—Act, s 240 (1) (a) (i) 56
111A Direct sale criteria for UNSW campus land for University of NSW—Act, s 240 (1) (a) (i) 57
112 Direct sale criteria for community organisations—Act, s 240 (1) (a) (i) 58
113 Direct sale criteria for supportive accommodation—Act, s 240 (1) (a) (i) 59
114 Direct sale criteria for rural leases—Act, s 240 (1) (a) (i) 60
Division 5.1.3 Direct sales approved by Minister
120 Direct sales requiring approval by Minister—Act, s 240 (1) (b) 61
121 Direct sale criteria for Territory—Act, s 240 (1) (b) (i) 61
122 Direct sale criteria for leases of contiguous unleased land other than public land—Act, s 240 (1) (b) (i) 62
Division 5.1.4 Certain direct sales not requiring approval
130 Certain direct sales not requiring approval—Act, s 240 (1) (d) 63
Division 5.1.5 Direct sale leases subject to certain provisions
131 Direct sale leases for UNSW campus land—Act, s 243 (2) 66
Part 5.2 Grants of leases generally
140 Period for failure to accept and execute lease—Act, s 250 (1) 67
141 Exemptions from restrictions on dealings with certain single dwelling house leases—Act, s 251 (1) (c) (ii) 67
142 Exemptions from restrictions on dealings with certain leases—Act, s 251 (5) 67
Part 5.2A Community concessional leases—grant by tender
143 Definitions—pt 5.2A 69
144 Tender process—expressions of interest—Act, s 253F (b) 69
145 Grant by tender—threshold criteria—Act, s 253F (c) 70
146 Tender process—content of tenders—Act, s 253F (b) 71
147 Tender process—assessment of tenders—Act, s 253F (b) 73
148 Community concessional lease provisions—Act, s 253G, def community concessional lease provisions, par (h) 73
Part 5.3 Grants of further leases
150 Criteria for grant of further leases for unit title schemes—Act, s 254 (1) (f) 74
151 Criteria for grant of further leases for community title schemes—Act, s 254 (1) (f) 75
152 Criteria for grant of further community concessional leases—Act, s 254 (1) (f) 75
Part 5.4 Lease variations
160 Lease classes for variation to pay out rent—Act, s 272A (1) 77
161 Decision on rent payout lease variation application—Act, s 272B (1) 77
Part 5.5 Lease variation charges
Division 5.5.1 Chargeable variations
170 Exempt variations—Act, s 276, def chargeable variation, par (c) 78
170A S 276E chargeable variations—Act, s 276, def s 276E chargeable variation 79
170B Lease variation charge—working out charge for combination of s 276E and s 277 chargeable variations—Act, s 276C (2) (c) 82
Division 5.5.2 Independent valuation of s 277 lease variation charge
171 Appointment of independent valuer—Act, s 277D (4) (b) (ii) 82
172 Requirements for independent valuer—Act, s 277D (4) (c) 83
Division 5.5.3 Increase of lease variation charge
179 Meaning of added value—div 5.5.3 83
180 Meaning of recently commenced lease—div 5.5.3 83
181 Increase of lease variation charge for concessional leases—Act, s 279 (1) and (2) 84
182 Increase of lease variation charge for recently commenced leases—Act, s 279 (1) and (2) 85
Part 5.6 Discharge amounts for rural leases
190 Definitions—pt 5.6 86
191 Discharge amount for rural leases other than special Pialligo leases—Act, s 282, def discharge amount 87
192 Discharge amount for special Pialligo leases—Act, s 282, def discharge amount 89
Part 5.7 Transfer or assignment of leases subject to building and development provision
Division 5.7.1 Transfer of land subject to building and development provision
200 Personal reasons for noncompliance with building and development provision—Act, s 298 (2) (b) (i) 90
201 Matters for transfer or assignment of leases—Act, s 298 (5) 91
Division 5.7.2 Extension of time to complete required works
202 Extension of time to complete works—Act, s 298D (4), def A 92
203 Application for extension of time—general rule—Act, s 298C (3), def A 93
204 Application for extension of time—hardship reason—Act, s 298C (3), def A 94
205 Application for extension of time—external reason—Act, s 298C (3), def A 96
206 Application for extension of time—lease transferred or assigned in special circumstances—Act, s 298C (3), def A 97
207 Application for extension of time—certain leases granted before 31 March 2008—Act, s 298C (3), def A 98
Part 5.8 Surrendering and terminating leases
Division 5.8.1 Payment of amount on surrender or termination of leases—certain leases
209 Application—div 5.8.1 99
210 Amount of refund on surrender or termination of certain leases—Act, s 300 (2) 100
211 Limitations for refund on surrender or termination of leases—Act, s 300 (3) 100
Division 5.8.2 Payment of amount on surrender of leases—loose‑fill asbestos insulation eradication buyback program
212 Meaning of affected lease 101
212A Meaning of affected residential premises—div 5.8.2 101
213 Meaning of loose-fill asbestos insulation eradication buyback program 101
214 Meaning of LAIE buyback program valuation procedure 102
215 Payment amount—contract entered on or before 18 February 2014—Act, s 300 (2) 102
216 Payment amount—contract entered after 18 February 2014 and completed on or before 28 October 2014—Act, s 300 (2) 102
217 Payment amount—contract entered after 18 February 2014 and completed after 28 October 2014—Act, s 300 (2) 104
218 Payment amount—lease acquired before 18 February 2014 other than by contract—Act, s 300 (2) 104
219 Payment amount—lease acquired after 18 February 2014 other than by contract, and transferor acquired lease before 18 February 2014—Act, s 300 (2) 105
219A Payment amount—lease acquired after 18 February 2014 other than by contract, and transferor acquired lease after 18 February 2014—Act, s 300 (2) 106
219B Limitation on payment amount—LAIE buyback program—Act, s 300 (3) 107
219C Payment amount under this division includes payment for improvements 107
Part 5.9 Subletting of leases
220 Criteria for giving approval of sublease of land—Act, s 308 (3) (a) 108
221 Prescribed matters in land sublease—Act, s 308 (7) 108
Chapter 7 Controlled activities
300 Period for deemed refusal of application for controlled activity order—Act, s 351 (4) 111
301 Period for deemed refusal of application for controlled activity order if development application approved—Act, s 351 (4) 111
302 Period for deemed refusal of application for controlled activity order if development application refused—Act, s 351 (4) 112
303 Period for deemed decision not to make controlled activity order—Act, s 354 (1) (b) 113
304 Period for deemed decision not to make controlled activity order if development application approved—Act, s 354 (1) (b) 114
305 Period for deemed decision not to make controlled activity order if development application refused—Act, s 354 (1) (b) 114
Chapter 8 Reviewable decisions
350 Merit track decisions exempt from third-party ACAT review—Act, sch 1, item 4, col 2, par (b) 116
351 Impact track decisions exempt from third-party ACAT review—Act, sch 1, item 6, col 2 116
Chapter 9 Bushfire emergency rebuilding
370 Main object—ch 9 117
371 Definitions—ch 9 117
372 Meaning of bushfire emergency—ch 9 117
373 Fire-caused rebuilding developments—ch 9 118
374 Previous approval—ch 9 118
375 Rebuilding in accordance with previous approvals—Act, s 133, def exempt development, par (c) 119
Chapter 10Miscellaneous
400Disapplication of Legislation Act, s 47 (6)—regulation 122
401Disapplication of Legislation Act, s 47 (6) for certain territory plan instruments—Act, s 422A (1) 122
402A Expiry of University of NSW lease provisions 122
404Application of Planning and Development Amendment Regulation 2008 (No 5) and Planning and Development Amendment Regulation 2009 (No 1) 123
Schedule 1 Exemptions from requirement for development approval 124
Part 1.1 Preliminary 124
1.1 Definitions—sch 1 124
1.2 Meaning of designated development—sch 1 124
1.3 Inconsistency between codes and this schedule 125
1.4 Exemption does not affect other territory laws 125
Part 1.2 General exemption criteria 126
1.10 Exempt developments—general criteria 126
1.11 Criterion 1—easement and other access clearances 126
1.12 Criterion 2—plumbing and drainage clearances 128
1.14 Criterion 4—heritage, tree, environment and conservation 128
1.15 Criterion 5—compliance with lease and agreement collateral to lease 130
1.17 Criterion 7—no multiple occupancy dwellings 130
1.17A Criterion 7A—affected residential premises 130
1.18 Criterion 8—compliance with other applicable exemption criteria 131
Part 1.2A Exempt developments—certain development proposals 132
1.19 Information about certain development proposals 132
Part 1.3 Exempt developments 134
Division 1.3.1 Exempt developments—minor building works 134
1.20 Internal alterations of buildings 134
1.21 Installation, alteration and removal of low impact external doors and windows in buildings 135
1.21A Installation, alteration and removal of high impact external doors and windows in buildings 136
1.22 Exterior refinishing of buildings and structures 137
1.23 Maintenance of buildings and structures 139
1.24 Buildings—roof slope changes 140
1.25 Buildings—chimneys, flues and vents 141
1.26 Buildings—skylights 141
1.26A Buildings—external shades 142
1.27 External heaters and coolers 142
1.27A External photovoltaic panels 143
1.28 Buildings—external switchboards 145
1.29 Buildings—external area lighting 145
1.30 Residential leases—driveway crossings of road verges 145
1.30A Resealing existing driveways 146
1.31 Temporary buildings and structures 147
Division 1.3.2 Exempt developments—non-habitable buildings and structures 148
Subdivision 1.3.2.1 Preliminary
1.40 Meaning of class 10a building—div 1.3.2 148
1.41 Class 10 buildings and structures—2nd exempt building or structure within boundary clearance area 148
Subdivision 1.3.2.2 Class 10a buildings
1.45 Roofed class 10a buildings—enclosed or open on 1 side 151
1.46 Roofed class 10a buildings—unenclosed or partially open 153
1.47 Class 10a buildings—unroofed and unenclosed 154
1.48 Class 10a buildings—external decks 156
1.49 Class 10a buildings—external verandahs 157
Subdivision 1.3.2.3 Class 10b structures
1.50 Class 10b structures—plan area not more than 2m2 158
1.51 Fences and freestanding walls generally 160
1.52 Basic open space boundary fences 161
1.53 Retaining walls 163
1.54 Swimming pools 165
1.59 Dish antennas 166
1.60 Mast antennas 167
1.61 Flag poles 169
Subdivision 1.3.2.4 Other structures
1.62 Water tanks 169
1.63 External ponds 170
1.64 Animal enclosures 170
1.64A Clothes lines 171
Division 1.3.3 Exempt developments—signs 172
1.65 Public works signs excluded—div 1.3.3 172
1.66 Meaning of prescribed general exemption criteria—div 1.3.3 172
1.67 Signs attached etc to buildings, structures and land 173
1.68 Moveable signs on public unleased land 174
1.69 Temporary signs 174
1.70 Signs—information about future urban areas 175
1.71 Signs—required under Building Act 176
Division 1.3.3A Exempt developments—community gardens
1.72 Definitions—div 1.3.3A 176
1.73 Application—div 1.3.3A 178
1.74 Community gardens—general exemption criteria 179
1.74A Community gardens—class 10a building 179
1.74B Community gardens—class 10b structures 180
1.74C Community gardens—boundary clearance area 181
1.74D Community gardens—water tanks 182
1.74E Community gardens—ponds 182
1.74F Community gardens—shade structures 183
Division 1.3.4 Exempt developments—lease variations 183
1.75 Lease variations—exempt developments 183
1.76 Lease variations—withdrawal of part of land 183
1.78 Lease variations—subdivisions 183
Division 1.3.4A Exempt developments—outdoor eating or drinking places
1.79 Definitions—div 1.3.4A 184
1.80 Application—div 1.3.4A 184
1.81 Outdoor eating or drinking places—general exemption criteria 184
1.82 Outdoor eating or drinking places—removable objects 185
Division 1.3.5 Exempt developments—rural leases 186
1.85 Rural lease developments generally 186
1.86 Rural leases—consolidation of rural leases 187
Division 1.3.6 Exempt developments—Territory developments 188
1.90 Public works 188
1.90A Public artworks 191
1.92 Plantation forestry 192
1.93 Waterway protection work 193
1.94 Emergencies affecting public health or safety or property 194
1.95 Temporary flood mitigation measures 195
Division 1.3.6A Exempt developments—schools 195
Subdivision 1.3.6A.1 Preliminary
1.96 Definitions—div 1.3.6A 195
1.96A Meaning of existing school—div 1.3.6A 195
1.97 Meaning of existing school campus—regulation 197
1.98 Application—div 1.3.6A 197
1.99 General exemption criteria 197
1.99AA Additional exemption criterion—bushfire prone areas 197
1.99A Activities not developments 198
Subdivision 1.3.6A.2 Exemptions—schools
1.99C Schools—new buildings or alterations to buildings 198
1.99E Schools—entrances 199
1.99F Schools—verandahs etc 200
1.99G Schools—signs 201
1.99H Schools—playground and exercise equipment 201
1.99I Schools—fences 202
1.99J Schools—shade structures 203
1.99K Schools—covered external walkways 203
1.99L Schools—flag poles 204
1.99M Schools—water tanks 204
1.99N Schools—landscape gardening 204
1.99O Schools—car parks 205
1.99P Schools—bicycle enclosures 206
1.99Q Schools—toilet and change room facilities 206
1.99R Schools—driveways 206
1.99S Schools—security cameras 206
1.99T Schools—external lighting 207
1.99U Schools—demountable and transportable buildings 207
1.99V Schools—class 10b structures 207
Division 1.3.7 Exempt developments—other exemptions 207
1.100 Compliant single dwellings—old residential land 207
1.100AA Compliant single dwellings—new residential land 209
1.100A Otherwise non-compliant single dwellings—old residential land 211
1.100AB Otherwise non-compliant single dwellings—new residential land 213
1.100B Single dwellings—demolition 215
1.101 Buildings and structures—demolition 216
1.102 Temporary use of land for emergency services training etc 216
1.103 Utility and telecommunications services 218
1.104 Landscape gardening 218
1.105 Works under Water Resources Act by non-territory entities 220
1.108 Home businesses conducted from residential leases 221
1.109 Designated areas—developments not involving lease variations 222
1.110 Rebuilding damaged buildings and structures 223
1.111 Bores 226
1.112 Subdivisions—Unit Titles Act 2001 227
1.113 Electric vehicle charging points 227
1.114 Affected residential premises—work essential for health, safety or reasonable living conditions 229
Part 1.4 Permitted open space boundary fence colours 230
Part 1.5 Tables of exempt signs 233
Schedule 1A Permitted variations to approved and exempt developments 238
Part 1A.1 Preliminary 238
1A.1 Definitions—sch 1A 238
Part 1A.2 Permitted construction tolerances 239
1A.10 Permitted variations—horizontal siting tolerances for buildings and structures 239
1A.11 Permitted variations—height tolerances for buildings and structures 242
Schedule 1B Land not requiring community consultation for development proposal 245
Schedule 2 Limited public notification of certain merit track development applications 250
Schedule 2A Buyback program valuation procedure 253
2A.1 Definitions—sch 2A 253
2A.2 Valuation as at assessment day, not including asbestos etc 253
2A.3 Accredited valuers to carry out valuation 254
2A.4 Valuation to be given to lessee and Asbestos Response Taskforce 254
2A.5 Presidential determination—request by Asbestos Response Taskforce 254
2A.6 Buyback program valuation 255
2A.7 Presidential determination—request by lessee 255
2A.8 Presidential determination 256
2A.9 Amount payable for surrender of affected lease 257
Schedule 3 Matters exempt from third‑party ACAT review 258
Part 3.1 Definitions 258
3.1 Definitions—sch 3 258
Part 3.2 Merit track matters exempt from third-party ACAT review 259
Part 3.3 Impact track matters exempt from third-party ACAT review 269
Part 3.4 Maps 270
Division 3.4.1 City centre 270
Division 3.4.2 Belconnen town centre 271
Division 3.4.3 Gungahlin town centre 272
Division 3.4.4 Tuggeranong town centre 273
Division 3.4.5 Woden town centre 274
Division 3.4.6 Kingston Foreshore 275
Division 3.4.7 University of Canberra site 276
Schedule 4 Prescribed territory plan instruments 277
Part 4.1 Australian standards 277
Part 4.2 Computer modelling software 279
Part 4.3 Other instruments 280
Dictionary281
Endnotes
1 About the endnotes 291
2 Abbreviation key 291
3 Legislation history 292
4 Amendment history 308
5 Earlier republications 336
Planning and Development Regulation 2008 (repealed)
made under the
Planning and Development Act 2007
Chapter 1Preliminary
Name of regulation
This regulation is the Planning and Development Regulation 2008 (repealed).
Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘community use—see the territory plan (13 Definitions).’ means that the term ‘community use’ is defined in the territory plan and the definition applies to this regulation.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this regulation is explanatory and is not part of this regulation.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Meaning of dwelling
(1)In this regulation:
dwelling—
(a)means a class 1 building, or a self-contained part of a class 2 building, that—
(i)includes the following that are accessible from within the building, or the self-contained part of the building:
(A)at least 1 but not more than 2 kitchens;
(B)at least 1 bath or shower;
(C)at least 1 toilet pan; and
(ii)does not have access from another building that is either a class 1 building or the self‑contained part of a class 2 building; and
(b)includes any ancillary parts of the building and any class 10a buildings associated with the building.
(2)In this section:
kitchen does not include—
(a)outdoor cooking facilities; or
(b)a barbeque in an enclosed garden room.
Chapter 1ADraft plan variations
Draft plan variations to be notified—Act, s 63 (5) (b)
A draft plan variation that changes a zone from 1 zone category to another zone category, apart from a variation that changes the zone to any of the following zones, is prescribed:
(a)PRZ1—urban open space zone;
(b)NUZ3—hills, ridges and buffer zone;
(c)NUZ4—river corridor zone;
(d)NUZ5—mountains and bushland zone.
NoteZones in the territory plan fall into the following categories:
· residential (RZ)
· commercial (CZ)
· community facility (CF)
· parks and recreation (PRZ)
· transport and services (TSZ)
· non-urban zones (NUZ)
· industrial zones (IZ).
Example
a draft plan variation to change a zone from commercial (CZ) category to residential (RZ) category
People to be notified—Act, s 63 (5) (b)
(1)The following people are prescribed:
(a)a lessee of an adjoining section;
(b)each lessee of each block (other than the block to which the draft plan variation applies) in the section to which the draft plan variation applies;
(c)if land adjoining the area to which the draft variation plan applies is a rural block—a lessee of the adjoining rural block.
(2)In this section:
adjoining—see the Planning and Development Act 2007, section 153.
section, in relation to land—see the Districts Act 2002, dictionary.
Chapter 2Strategic environmental assessments
Meaning of proposal—ch 2
In this chapter:
proposal, for a strategic environmental assessment, means—
(a)for an assessment prepared under the Act, section 100 (Preparation of strategic environmental assessments)—the matter to which the assessment relates; or
(b)for an assessment prepared under the Act, section 103 (2) (Review of territory plan)—the review of the territory plan to which the assessment relates.
Development of strategic environmental assessments—Act, s 101 (a)
(1)A person developing a strategic environmental assessment must complete each of the following stages:
· stage A—setting context and establishing baseline
· stage B—developing alternatives and deciding scope
· stage C—assessing environmental benefits and impacts
· stage D—consultation
· stage E—monitoring, if a decision is made at stage C that monitoring is required.
(2)To remove any doubt—
(a)the person does not have to complete the stages in any particular order; and
(b)the person may complete more than 1 stage at a time.
Example
A person may carry out consultation (stage D) during the course of considering alternatives (stage B) and again when assessing environmental benefits and impact (stage C).
Stage A—setting context and establishing baseline
A person developing a strategic environmental assessment must, in completing stage A, set the context for the proposal and establish the baseline for the strategic environmental assessment by—
(a)screening the proposal; and
(b)establishing the environmental baseline; and
(c)identifying the environmental issues; and
(d)setting the objectives for the strategic environmental assessment.
Stage B—developing alternatives and deciding scope
(1)A person developing a strategic environmental assessment must, in completing stage B, develop alternatives for the proposal and decide the scope of the strategic environmental assessment by—
(a)considering alternatives to the proposal; and
Examples—alternatives
1alternative siting within the proposed location or at another location
2alternative uses of the site
3alternative designs
(b)deciding and finalising the scope of the strategic environmental assessment; and
(c)preparing a document about the scope of the strategic environmental assessment (a SEA scoping document).
(2)The SEA scoping document must contain the following:
(a)the aims and objectives of the strategic environmental assessment;
(b)the relevant policies, plans and programs to be considered in the strategic environmental assessment;
(c)the methods to be used in the strategic environmental assessment, including—
(i)assessment requirements; and
(ii)indicators to be used; and
(iii)data requirements; and
(iv)the range of supporting studies to be considered, or to be commissioned;
(d)the key environmental issues to be addressed in the strategic environmental assessment.
Stage C—assessing environmental benefits and impacts
A person developing a strategic environmental assessment must, in completing stage C, assess the environmental benefits and impacts of the proposal by—
(a)assessing the effects of the proposal against the SEA scoping document having regard to the following:
NoteThe SEA scoping document is prepared in stage B (see s 13).
(i)the probability, duration, frequency and reversibility of the effects of the proposal;
(ii)the cumulative nature of the effects of the proposal, both positive and negative, and any identified alternatives to the proposal;
(iii)whether the effects of the proposal are likely to extend outside the ACT;
(iv)the risks to any identified environmental values;
Examples—identified environment values
1environmental values identified in the SEA scoping document
2 environmental values identified or targeted in relevant:
· plans (eg the Territory Plan 2008)
· strategies (eg the ACT Planning Strategy)
· threatened species management plans
(v)the magnitude and spatial extent of the effects of the proposal;
(vi)the effects of the proposal on areas or landscapes that have a recognised local, regional or national protection status; and
(b)considering how the environmental impacts can be managed through mitigation, offsetting, avoidance or another way.
Stage D—consultation
(1)A person developing a strategic environmental assessment must, in completing stage D, carry out consultation about the strategic environmental assessment by—
(a)preparing a plan (a consultation plan) for the consultation; and
NoteThe consultation plan must be agreed to by either the Minister or chief planning executive (see s (3)).
(b)carrying out consultation in accordance with the consultation plan; and
(c)after consultation is complete, preparing a report (a consultation report) about the consultation that includes comments received during consultation.
(2)The consultation plan must—
(a)identify the approach to be taken for public consultation; and
(b)include a list of stakeholders.
(3)Before carrying out the consultation, the person must have the following person’s agreement to the consultation plan:
(a)for a strategic environmental assessment prepared at the Minister’s direction under the Act, section 100 (1) (Preparation of strategic environmental assessments)—the Minister;
(b)for a strategic environmental assessment prepared under the Act, section 100 (2) or section 103 (2) (Review of territory plan)—the chief planning executive.
Stage E—monitoring
A person developing a strategic environmental assessment must, in completing stage E, monitor the strategic environmental assessment by—
(a)developing a monitoring plan; and
(b)if required by the monitoring plan—establishing a monitoring regime; and
(c)if appropriate—carrying out remedial action.
NoteThis stage is required only if a decision is made at stage C that monitoring is required (see s 11).
Contents of strategic environmental assessments—Act, s 101 (b)
(1)A strategic environmental assessment must contain the following:
(a)a non-technical summary of the strategic environmental assessment, including a summary of the recommendations;
(b)an outline of—
(i)the content of the proposal; and
(ii)the main objectives of the proposal; and
(iii)the proposal’s relationship (if any) with any relevant plans (for example, The Canberra Spatial Plan) or planning policies;
(c)a description, including a description of the environmental, social and economic characteristics of—
(i)the area covered by the proposal; and
(ii)the region around the area covered by the proposal;
(d)a description of the environmental characteristics of any area likely to be significantly affected by the proposal, including—
(i)any existing environmental issues that are relevant to the proposal, including those relating to any areas of particular environmental importance; and
(ii)any plans to improve environmental management objectives relating to territory and national legislation and agreed policies;
Examples—policies
1 climate change policy
2 COAG climate change adaptation framework
(e)details of all processes and methods used in the strategic environmental assessment;
(f)an assessment of the likely environmental effects of the proposal, including the results and findings of the matters identified in the SEA scoping document;
NoteThe SEA scoping document is prepared in stage B (see s 13). Assessment of environmental benefits and impacts is carried out in stage C (see s 14).
(g)a discussion of the alternatives for the proposal including—
(i)an outline of the reasons for selecting, or not selecting, the alternatives; and
(ii)a description of how the alternatives were assessed; and
(iii)details of any difficulties in assessing the alternatives;
Examples—difficulties
1 technical deficiencies
2 lack of expertise
NoteDevelopment of alternatives is carried out in stage B (see s 13).
(h)the measures proposed to avoid or manage any significant adverse environmental effects of implementing the proposal, including a description of any measures required for monitoring;
(i)recommendations about how conclusions of the strategic environmental assessment should be considered in future planning.
(2)The following documents must be attached to the strategic environmental assessment:
(a)the SEA scoping document;
(b)the consultation plan;
(c)the consultation report.
NoteThe SEA scoping document is prepared in stage B (see s 13). The consultation plan and consultation report are prepared in stage D (see s 15).
Chapter 3Development approvals
Part 3.1AADevelopment proposals requiring EIS
Development proposals requiring EIS—electricity generating stations—Act, sch 4, pt 4.2, item 2, par (c) (i) (A)
(1)For an electricity generating station that generates electricity from gas or gas and another energy source, more than 10MW of electrical power is prescribed.
(2)For an electricity generating station that generates electricity from any of the following energy sources, more than 20MW of electrical power is prescribed:
(a)wind;
(b)solar;
(c)hydro;
(d)biomass;
(e)geothermal.
19ADevelopment proposals requiring EIS—annual expected greenhouse gas emissions—Act, sch 4, pt 4.3, item 9
An amount of 1kt is prescribed.
Part 3.1Exemptions from requirement for development approval
Exempt developments—Act, s 133, def exempt development
(1)Development that complies with schedule 1 (Exemptions from requirement for development approval) is exempt from requiring development approval.
NoteFor other exemptions, see the Act, div 7.2.6 (Exempt development).
(2)Also, development is exempt from requiring development approval if—
(a)the development would comply with schedule 1, or would be exempt from requiring development approval under the relevant development table for the development, other than for a matter (the relevant matter) to which schedule 1A (Permitted variations to approved and exempt developments) applies; and
(b)the relevant matter complies with the criteria for the matter in schedule 1A; and
(c)a designated development for the development, as changed by the relevant matter, complies with the general exemption criteria that are applicable to the development.
Note 1Designated development, in relation to land—see sch 1, s 1.2.
Note 2General exemption criteria, for a development—see sch 1, s 1.10.
Note 3Relevant development table—see the Act, dictionary.
Note 4The development may still need building approval, or further building approval, under the Building Act 2004.
Note 5The development must also comply with the lease for the land on which it is carried out.
(3)Also, development that is exempt under this section does not require development approval for a modification of the development if—
(a)the development has not been completed; and
(b)the modification would not need development approval if the modification were made after completion of the development.
Example—exemption
Construction of a dwelling that is an exempt development is in progress. The developer wishes to change the slope of the roof by less than 2o (see sch 1, s 1.24). The developer may construct the dwelling with the changed roofslope (the modification) without seeking approval for the modification.
(4)Also, development that is exempt under this section does not require development approval for a variation of the development if—
(a)the development has not been completed; and
(b)the variation consists of adding an exempt development to the development.
Example—exemption
Construction of a dwelling that is an exempt development is in progress. The developer wishes to incorporate a skylight that complies with the conditions in sch 1, s 1.26, and so is an exempt development. The developer may construct the dwelling with the skylight (the variation) without seeking approval for the variation.
(5)Also, a development (the composite development) is exempt from requiring development approval if the development can be notionally separated into components, each of which is an exempt development.
Example—composite development
A development consists of a dwelling with a garage, windows, doors, chimney and an aerial (the components). As each of the components is an exempt development, the composite development is an exempt development.
(6)However, subsections (3), (4) and (5) do not apply in relation to a development if the modification, variation or composite development results in non-compliance with 1 or more of the following:
(a)schedule 1, section 1.17 (Criterion 7—no multiple occupancy dwellings);
(b)the requirement under schedule 1, section 1.41 that there be not more than 2 exempt class 10 buildings in a boundary clearance area in conjunction with schedule 1, section 1.18 (Criterion 8—compliance with other applicable exemption criteria);
(c)the requirement under schedule 1, section 1.100 (Compliant single dwellings—old residential land) that there be not more than 1 dwelling on a block.
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)).
Part 3.1ABPre-application matters
20APrescribed development proposal for community consultation—Act, s 138AE
(1)A development proposal for 1 or more of the following is prescribed:
(a)a building for residential use with 3 or more storeys and 15 or more dwellings;
(b)a building with a gross floor area of more than 5000m²;
(c)if the development proposal is for more than 1 building—the buildings have a total gross floor area of more than 7 000m²;
(d)a building or structure more than 25m above finished ground level;
(e)a variation of a lease to remove its concessional status;
(f)the development of an estate.
(2)Also, a development proposal on which the proponent is required to consult the design review panel under the Act, section 138AL (1) or (2) is prescribed.
(3)However, subsections (1) and (2) do not apply to the following:
(a)a development proposal for development on land in an area designated as an industrial zone in the territory plan;
(b)a development proposal for development in an area outlined in bold on the plans in schedule 1B other than a development proposal that is less than 100m from a dwelling.
(4)The planning and land authority must, at least once every 5 years, review the operation of subsection (3).
(5)In this section:
residential use—see the territory plan (13 Definitions).
20BConsultation with design review panel—Act, s 138AL
The following development proposals are prescribed:
(a)a proposal for a building with 5 or more storeys;
(b)a proposal—
(i)to increase the floorspace of a shop by more than 2 000m2; and
(ii)that is fully or partly located within 1 or more of the following:
(A)a residential zone;
(B)a commercial zone;
(C)a community facility zone;
(D)a parks and recreation zone.
NoteZone means a zone identified in the territory plan (see Act, dict).
Part 3.1AExemption assessment matters
Number of copies of plans—Act, s 138B (2) (a) (ii)
The number of copies prescribed is—
(a)1 in electronic form; and
(b)if the person to whom the application is made asks for paper copies—3 copies.
Details to be included in exemption assessment application—Act, s 138B (2) (a) (iii)
The following details are prescribed:
(a)in relation to the parcel—
(i)the block and section number and division; and
(ii)the street name and number; and
(iii)if the land is under a land sublease—the sublease plan number;
(b)in relation to the applicant—
(i)if the applicant is an entity—the full name of the entity; and
(ii)if the applicant is a company—the company name and the Australian Company Number (ACN); and
(iii)the postal address; and
(iv)if the applicant has an email address—the email address; and
(v)the contact telephone number; and
(vi)if the applicant has a fax number—the fax number;
(c)a brief description of the development;
(d)whether the development has been undertaken and, if so, the commencement and completion dates of the development.
22A
Exemption assessment applications—Act,
s 138B (2) (a) (iii)
(1)This section applies if an application is made for an exemption assessment relating to a development proposal to which schedule 1, section 1.19 applies.
(2)The application must include a written notice that the section has been complied with.
Example—written notice
a copy of any form prepared for s 1.19 under the Act, s 425 and a statement about how and when it was given
Exemption assessment D notices––Act, s 138D (2) (b) (ii)
The following are prescribed:
(a)any information that was used by the works assessor or building surveyor in assessing whether the development is exempt or not;
(b)if the works assessor or building surveyor assesses that the development is exempt—whether the development is exempt under—
(i)a development table, and if so, which table; or
(ii)the Act, section 134; or
(iii)a regulation, and if so, which regulation;
(c)the works assessor or building surveyor’s name, signature and licence number;
(d)the date of the notice.
Exemption assessment D notice—attached documents—Act, s 138D (2) (b) (ii)
(1)The following documents are prescribed:
(a)a copy of any plans that were used by the works assessor or building surveyor in assessing whether the development is exempt or not;
(b)if the works assessor or building surveyor assesses that a single dwelling is exempt under schedule 1, section 1.100 (Compliant single dwellings—old residential land)—a copy of the survey certificate that was used by the works assessor or building surveyor in assessing that the dwelling is exempt.
(2)If the works assessor or building surveyor assesses that the development is exempt—
(a)the works assessor or building surveyor must—
(i)identify any of the following relied on to assess the development as exempt development:
(A)a provision of the Planning and Development Regulation 2008;
(B)if a provision mentioned in subsubparagraph (A) incorporated a Territory Plan code—the code; and
(ii)state in the exemption assessment D notice that the provisions mentioned in subparagraph (i) were satisfied; and
(iii)initial, date and mark the works assessor or building surveyor’s licence number on each page of the plans; and
(b)the exemption must be marked on, or attached to, or partly marked on or partly attached to, each page of the plans used by the works assessor or building surveyor in the assessment.
(3)However, if, because of the size of the plans, it is impractical to mark the exemption on each page of the plans, the works assessor or building surveyor may, instead of marking the exemption under subsection (2) (a), mark each page of the plans with—
(a)the works assessor or building surveyor’s initials and licence number and the date; and
(b)an indication that the details of the exemption are in the exemption assessment D notice.
(4)The pages of any document attached to an exemption assessment D notice must be numbered consecutively through each document, starting with the number 1 and each page must state the total number of pages comprising the attached documents.
Example
An exemption assessment D notice has 3 attached documents that total 25 pages. Each page of the attachments, starting from the first page, is numbered as ‘page 1 of 25’, ‘page 2 of 25’ and so on, until the last page of the final attachment which is numbered ‘page 25 of 25’.
Part 3.2Development applications
When survey certificate not required for development applications—Act, s 139 (2) (n)
(1)A survey certificate need not accompany a development application if the proposed development is—
(a)the demolition only of a building or structure; or
NoteStructure—see the Act, dictionary.
(b)public works on unleased land, or land leased to the Territory, if the works are—
(i)at least 50m from land in a residential zone; and
NoteZone means a zone identified in the territory plan (see Act, dict).
(ii)a new building, or structure, with a plan area of not more than 75m2 and a height of not more than 5m above finished ground level; or
NoteFinished ground level—see the territory plan (13 Definitions).
(c)a sign located completely within a lease; or
(d)the installation of an attachment to the roof of an existing building or structure if the attachment—
(i)does not extend more than 600mm beyond the existing building’s or structure’s plan area; and
(ii)is completely within the lease on which the existing building or structure stands; or
Note 1Attachment—see s (4).
Note 2Plan area—see the dictionary.
(e)the alteration of a building on a block in a residential zone if the alteration—
(i)does not increase the gross floor area of the building; and
(ii)does not change the siting of the building on the block.
Note 1Gross floor area—see the territory plan (13 Definitions).
Note 2Some alterations of buildings may be exempt from the requirement for development approval (see sch 1, s 1.21 and s 1.21A).
(2)A survey certificate need not accompany a development application for land leased for residential development if the proposed development is an addition to an existing building or structure and the addition—
(a)has a plan area of not more than 75m2; and
(b)is located completely within the lease on which the existing building or structure stands; and
(c)is attached to the existing building or structure.
(3)A survey certificate need not accompany a development application for land leased for non-residential development if the proposed development is an addition to an existing building or structure and the addition—
(a)has a plan area of not more than 150m2; and
(b)is located completely within the lease on which the existing building or structure stands.
(4)In this section:
attachment—
(a)means a structure; and
NoteStructure—see the Act, dictionary.
(b)includes a chimney, flue, vent, satellite dish, air-conditioning unit, solar panel or similar installation.
25AAAnnual expected greenhouse gas emissions—Act, s 139 (2) (u)
An amount of 250t is prescribed.
25APrescribed encroachment for development encroaching on adjoining territory land—Act, s 137AC (1) (b)
A distance of 20m is prescribed.
Referral of certain development applications—Act, s 148 (1)
(1)The following entities are prescribed for a development application in the impact track:
(a)Icon Water Limited;
(b)ActewAGL Distribution;
(c)the conservator of flora and fauna;
NoteThe conservator’s advice must contain certain things (see Nature Conservation Act 2014, ch 13, particularly s 318).
(d)the emergency services commissioner;
(e)the environment protection authority;
(f)the heritage council;
(g)the director‑general of the administrative units responsible for the following matters:
(i)health policy;
(ii)municipal services;
(h)if the application relates to unleased land or public land—the custodian of the land;
NoteCustodian—see the Act, s 333.
(i)if the planning and land authority, or the Minister, may impose an offset condition on the development approval for the application, and the offset condition would affect—
(i)leased land—the lessee of the land; or
(ii)unleased land or public land—the custodian of the land.
NoteOffset condition, for a development approval—see the Act, s 165B.
(2)The following entities are prescribed for a development application in the merit track:
(a)if the application relates to any part of a declared site within the meaning of the Tree Protection Act 2005—the conservator of flora and fauna;
(b)if the application relates to unleased land or public land—the custodian of the land.
(3)If the territory plan requires a development application to be referred to an entity, the entity is prescribed.
NoteEntity includes an unincorporated body and a person (including a person occupying a position) (see Legislation Act, dict, pt 1).
(4)The city renewal authority is prescribed for a development application that relates to land in an urban renewal precinct.
(5)In this section:
ActewAGL Distribution means Icon Distribution Investments Limited (ABN 83 073 025 224) and Jemena Networks (ACT) Pty Ltd (ABN 24 008 552 663) working in partnership as ActewAGL Distribution (ABN 76 670 568 688).
urban renewal precinct—see City Renewal Authority and Suburban Land Agency Act 2017, dictionary.
Public notification of merit track development applications—Act, s 152 (1) (a) and (2)
(1)An application mentioned in subsections (2) and (3) is prescribed for the Act, section 152 (1) (a).
(2)An application for a development proposal in the merit track for an estate development plan in a future urban area must be notified in accordance with the Act, section 152 (2) (a).
(3)An application for a development proposal in the merit track mentioned in schedule 2 (Limited public notification of certain merit track development applications) must be notified in accordance with the Act, section 152 (2) (b).
Public notification period—Act, s 157, def public notification period, par (a)
(1)The following periods are prescribed:
(a)for a development application notified in accordance with the Act, section 152 (1) (a)—
(i)if the development application is for an estate development plan that has an ongoing provision included in the plan under the Act, section 94 (3) (g)—20 working days; and
(ii)in any other case—10 working days;
(b)for a development application notified in accordance with the Act, section 152 (1) (b)—
(i)if the development application is for an estate development plan that has an ongoing provision included in the plan under the Act, section 94 (3) (g)—20 working days; and
(ii)in any other case—15 working days.
(2)In this section:
working day means a day that is not—
(a)a Saturday or Sunday; or
(b)a public holiday in the ACT; or
(c)in the period beginning on 20 December in a year and ending on 10 January the following year.
Conditions for code track proposals—Act, s 165 (4)
The following conditions are prescribed:
(a)that information relating to compliance with stated conditions be given to the planning and land authority;
(b)that the development be carried out within a stated period;
(c)that stated action be taken to manage the impact of the development, whether on or off the development site, including—
(i)storing and disposing of waste; and
(ii)managing hazardous material; and
(iii)protecting trees; and
(iv)minimising erosion;
(d)that a bond be entered into securing performance against the conditions of the approval;
(e)that stated documents be maintained and kept at the development site;
(f)that an approval under another Act be given;
(g)that a stated thing be registered under the Land Titles Act 1925;
(h)that 1 of the following is granted in relation to the occupation or use of the land:
(i)a licence under the Act;
(ii)a sign approval or work approval under the Public Unleased Land Act 2013;
(iii)a public unleased land permit under the Public Unleased Land Act 2013;
(i)that stated conditions be complied with within a stated period.
Part 3.3Development approvals—when amendment not required
When development approvals do not require amendment—Act, s 198C (3)
(1)Development in accordance with the changed development proposal is taken to be in accordance with the development approval if—
(a)the change relates only to a matter (the relevant matter) to which schedule 1A (Permitted variations to approved and exempt developments) applies; and
(b)the change complies with the criteria for the relevant matter in schedule 1A; and
(c)a designated development for the development, as changed by the relevant matter, complies with the general exemption criteria that are applicable to the development except to the extent that the development approval allows the development to not comply with the criteria.
Note 1Designated development, in relation to land—see sch 1, s 1.2.
Note 2General exemption criteria, for a development—see sch 1, s 1.10.
Note 3The development may still need building approval, or further building approval, under the Building Act 2004.
Note 4The development must also comply with the lease for the land on which it is carried out.
(2)Also, development in accordance with the changed development proposal is taken to be in accordance with the development approval if the change would not need development approval if the change were made after completion of the development.
Example—change
Construction of a dwelling has development approval. The developer wishes to change the slope of the roof by less than 2o (see sch 1, s 1.24). The developer may construct the dwelling with the changed roofslope without seeking approval for the change.
NoteThe change may still need building approval, or further building approval, under the Building Act 2004.
(3)Also, development in accordance with the changed development proposal is taken to be in accordance with the development approval if the change consists of adding an exempt development to the development.
Example—change
Construction of a dwelling has development approval. The developer wishes to incorporate a skylight that complies with the conditions in sch 1, s 1.26, and so is an exempt development. The developer may construct the dwelling with the skylight without seeking approval for the skylight.
(4)However, subsections (2) and (3) do not apply if the change results in non-compliance with 1 or more of the following:
(a)schedule 1, section 1.17 (Criterion 7—no multiple occupancy dwellings);
(b)the requirement under schedule 1, section 1.41 that there be not more than 2 exempt class 10 buildings in a boundary clearance area in conjunction with schedule 1, section 1.18 (Criterion 8—compliance with other applicable exemption criteria);
(c)the requirement under schedule 1, section 1.100 (Compliant single dwellings—old residential land) that there be not more than 1 dwelling on a block.
NoteExempt developments—see the Act, s 133 and this regulation, s 20.
Chapter 4Environmental impact statements and inquiries
Part 4.1Environmental impact statements
Preparation of EIS—Act, s 208 (1)
(1)An EIS in relation to a development proposal that is to be assessed by the Territory in accordance with a bilateral agreement under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) must address the matters mentioned in the Environment Protection and Biodiversity Conservation Regulations 2000 (Cwlth), schedule 4.
(2)An EIS in relation to a development proposal (including a proposal to which subsection (1) applies) must include the following:
(a)a non-technical summary of the EIS, including a summary of its recommendations;
(b)a glossary of technical terms and any abbreviations and acronyms used in the EIS;
(c)a description of the proposal, including—
(i)the location of the land to which the proposal relates; and
(ii)if the land is leased—the lessee’s name; and
(iii)if the land is unleased land or public land—the custodian of the land; and
NoteCustodian—see the Act, s 333.
(iv)the purposes for which the land may be used; and
(v)if the land is leased—
(A)the block and section number and division of the land and the volume and folio of the Crown lease; or
(B)if the land is under a land sublease—the sublease plan number and the volume and folio of the Crown lease; and
(vi)a statement of the proposal’s objectives; and
(vii)the time for implementation of the proposal, including for any stage; and
(viii)details of any action that has been, or is being, taken by the proponent, or any other entity, in relation to the land to which the proposal relates; and
NoteEntity includes an unincorporated body and a person (including a person occupying a position) (see Legislation Act, dict, pt 1).
(ix)details of any alternatives to the proposal considered in developing the proposal;
Examples—alternatives
1 alternative siting within the land to which the proposal relates
2alternative designs, methods of construction, materials and sources of materials
3 alternative locations for the development
4 alternative uses of the land to which the proposal relates
(d)a description of the EIS process, including—
(i)any statutory approval obtained or required for the proposal; and
(ii)the base information used for predicting each potentially significant environmental impact identified in the scoping document for the EIS; and
(iii)the criteria used for assessing the significance of each environmental impact and the performance of any alternative to the proposal considered under paragraph (c) (ix);
(e)a statement about the proposal’s compatibility with the principles for environmental sustainability in the territory plan (2 Strategic Direction);
(f)for each potentially significant environmental impact identified in the scoping document for the development proposal—
(i)an identification of the relevant environmental values; and
(ii)an identification of the findings and results of any environmental investigation in relation to the land to which the proposal relates; and
(iii)a description of the effects of the environmental impact (including cumulative and indirect effects) on physical and ecological systems and human communities; and
(iv)an analysis of the significance of the potential environmental impact of the development; and
(v)a statement of the approach proposed to be taken to the environmental management of the land to which the proposal relates, including any proposed impact prevention, mitigation or offsetting measures to deal with the environmental impact of the proposal;
NoteAn EIS must also address each matter raised in the scoping document for the development proposal, see the Act, s 216 (2) (a) and s 221 (3) (a).
(g)a description of consultation undertaken for the EIS;
(h)for a revised EIS—a summary of the representations made within the public consultation period;
NoteFor other requirements in relation to the representations, see the Act, s 221 (3) (b).
(i)the EIS’s recommendations.
(3)For subsection (2) (f), each potentially significant environmental impact identified in the scoping document for the EIS must be addressed in its own part of the EIS.
(4)For subsection (2) (f) (v), the approach proposed to be taken to the environmental management of the land may be set out in a management plan for the land.
(5)An EIS must be prepared in accordance with any requirement set out in the scoping document for the EIS.
(6)In this section:
EIS means an environmental impact statement proposed to be prepared for the Act.
50AEIS exemption application—consultation with entities—Act, s 211E
The entities prescribed are the entities mentioned in section 26 (1) (Referral of certain development applications—Act, s 148 (1)).
Entities relevant for preparation of scoping documents—Act, s 212 (4)
(1)In preparing a scoping document for a development proposal, the planning and land authority must consult with the entities prescribed by section 26 (1) (Referral of certain development applications—Act, s 148 (1)).
(2)However, if an entity to which subsection (1) applies is the proponent of the development proposal, the planning and land authority must not consult the entity.
(3)The planning and land authority may also consult with the following in preparing a scoping document for a development proposal:
(a)the ACT community (including a part of the community);
(b)an entity that the authority is not required to consult with under subsection (1).
Examples—entities
1a territory-owned corporation
2the director‑general of an administrative unit not mentioned in s 26 (1)
3a NSW local council
4a government department or body established under a Commonwealth or NSW Act
5a non-government organisation
6an expert in a relevant environmental matter
NoteEntity includes an unincorporated body and a person (including a person occupying a position) (see Legislation Act, dict, pt 1).
Time for consulting entities on preparation of scoping documents
(1)This section applies if the planning and land authority receives an application under the Act, section 212 (Scoping of EIS) in relation to a development proposal.
(2)Within 5 working days after the day the planning and land authority receives the application, the authority must, as far as practicable, give each entity that must be consulted under section 51, and any other entity the authority considers appropriate—
(a)the scoping documentation for the development proposal; and
(b)a written notice that—
(i)invites written comments on the scoping documentation; and
(ii)gives the entity 15 working days after the day the entity receives the notice to make written comments to the authority on the scoping documentation.
(3)An entity given the scoping documentation is taken to have made no comments on the proposal to which the scoping documentation relates if the entity fails to give the planning and land authority comments on the scoping documentation within—
(a)the 15-working day period under subsection (2) (b) (ii); or
(b)if the period is extended under section 53—the extended period.
(4)In this section:
scoping documentation, in relation to an application, means—
(a)the application; and
(b)a draft of the scoping document for the development proposal to which the application relates; and
(c)any other documents the planning and land authority considers are relevant to the proposal.
Extension of time for giving comments on scoping documentation
(1)An entity given scoping documentation under section 52 may, before the end of the 15‑working day period mentioned in a notice under section 52 (2), apply to the chief planning executive for the period to be extended.
(2)The application must—
(a)be in writing; and
(b)state the reasons for making the application; and
(c)state the additional period the entity considers necessary for making comments.
(3)If the chief planning executive allows an extension of the period, the planning and land authority must tell each entity given the documentation under section 52 about the extended period for giving comments.
NoteScoping documentation—see s 52 (4).
Content of scoping documents—Act, s 213 (1)
(1)A scoping document for an EIS must contain the following:
(a)the name, address, telephone number and email address of the people who prepared the document;
(b)a list of the entities that provided comments in accordance with an invitation under section 52 (Time for consulting entities on preparation of scoping documents) for the preparation of the scoping document;
(c)a list of entities that the proponent must consult in preparing the EIS;
(d)each potentially significant environmental impact that must be addressed in the EIS;
(e)if the scoping document relates to a s 125‑related EIS—the issues that must be addressed in the EIS in relation to the public health impact of the development proposal to which the EIS relates;
NoteFor s 125-related EIS, see the Act, s 208.
(f)any current relevant information held by the Territory, of which the planning and land authority is aware, that would be of use in preparing the EIS;
(g)the requirements for the form and format of the EIS;
Examples—requirements about format of EIS
1the structure of the EIS
2how factual information is to be referenced in the EIS
(h)the number of copies of the EIS to be given to the planning and land authority.
(2)For subsection (1) (c), the scoping document may include requirements that affected groups with particular communication needs have adequate opportunity to comment on the EIS.
(3)A scoping document for an EIS may also include any of the following:
(a)requirements in relation to the methods of assessment to be used in the EIS;
(b)for each potentially significant environmental impact identified in the scoping document—
(i)a requirement that the proponent of the development proposal to which the scoping document relates consider ongoing management, monitoring or reporting regimes; or
(ii)a requirement that the EIS contain a statement indicating—
(A)whether an offset is likely to be required for the impact; and
(B)if an offset is likely to be required—whether an offset management plan is likely to be required for the offset;
Note 1
If an offset is required, the Minister may impose an offset condition on the development approval (see Act, s 165 (3) (ha)).
An offset condition may require the proponent to prepare an offset management plan for the offset (see Act, s 165B).
Note 2Offsets are dealt with in the Act, ch 6A.
Note 3Significant
adverse environmental impact—see the Act, s 124A.
Offset, for a development—see the Act, s 111C.
Offset condition, for a development approval—see the Act, s 165B.
(c)a list of impacts that are not significant environmental impacts that can be addressed through an altered design or in some other way.
NoteThe planning and land authority may, in a scoping document for a development proposal, require the proponent to engage a consultant who satisfies the criteria prescribed by regulation to help prepare an EIS for the proposal (see Act, s 213 (2) and (3), def consultant).
Criteria for consultants—Act, s 213 (3), def consultant
The criteria are that the planning and land authority is satisfied the person holds relevant professional qualifications in relation to the preparation of environmental impact statements and has—
(a)experience in the preparation of environmental impact statements; or
(b)the capacity to prepare environmental impact statements.
Part 4.2Inquiry panels
Definitions—pt 4.2
In this part:
member means a member of an inquiry panel.
presiding member, of an inquiry panel, means the member nominated under the Act, section 229 (2) as the presiding member of the panel.
List of experts for inquiry panels
(1)The planning and land authority may keep a list of people who may be appointed to an inquiry panel.
(2)A person may, in writing, apply to the planning and land authority to be included on the list.
(3)The planning and land authority may include a person on the list if satisfied the person—
(a)holds professional qualifications relevant to inquiries; or
(b)has expertise in an area relevant to inquiries.
Examples—areas of expertise
·environmental science
·urban, transport and landscape planning
·infrastructure planning and management
·economics
(4)The planning and land authority must review the list at least once every 3 years.
Conflict of interests to be considered in appointing panel members
The Minister may appoint a person as a member of an inquiry panel for an EIS only if the Minister has received a declaration from the person whether—
(a)the person has a direct or indirect financial or personal interest in a matter to which the EIS to be considered by the panel relates; and
(b)the interest could conflict with the proper exercise of the person’s functions as a member of the panel in relation to the panel’s consideration of the EIS.
Disclosure of interests by panel members
(1)This section applies if—
(a)a member of an inquiry panel has a direct or indirect financial or personal interest in an issue being considered, or to be considered, by the panel; and
(b)the interest could conflict with the proper exercise of the member’s functions in relation to the panel’s consideration of the issue.
(2)As soon as practicable after the relevant facts come to the member’s knowledge, the member must—
(a)disclose the nature of the interest to a meeting of the inquiry panel; and
(b)tell the parties to the inquiry about the interest; and
(c)not take part, or continue to take part, in the inquiry, or exercise any function in relation to the inquiry, unless each party consents to the person taking part, or continuing to take part, in the inquiry.
(3)If the presiding member becomes aware that a member of an inquiry panel has an interest mentioned in subsection (1) (b) in relation to the inquiry, the presiding member must direct the person not to take part, or continue to take part, in the inquiry unless each party to the inquiry gives its consent in accordance with subsection (2) (c).
(4)Within 14 days after the day an interest is disclosed to the presiding member under this section, the presiding member must give the Minister a statement of the disclosure.
Presiding member’s functions
The presiding member of an inquiry panel has the following functions:
(a)managing the affairs of the panel, including ensuring the expeditious conduct of the inquiry and issuing directions in relation to the conduct of the inquiry;
(b)ensuring, as far as practicable, that there is a good working relationship between the panel and all relevant parties;
(c)ensuring the Minister is kept informed about the operations of the panel.
Constitution of inquiry panels
(1)An inquiry panel must not exercise its functions unless—
(a)all members of the panel are present; or
(b)the panel is reconstituted in accordance with this section.
(2)If, before the inquiry panel has completed its inquiry, 1 of the members stops being a member of the panel or is unable to continue to be a member of the panel, the Minister must, in writing—
(a)end the inquiry by the panel and appoint a new panel to conduct the inquiry afresh; or
(b)appoint a new member to reconstitute the panel.
(3)If the inquiry panel is reconstituted, the panel may, for the purposes of the inquiry, have regard to any record of the inquiry before the panel as previously constituted, including a record of any evidence taken.
Inquiries to be public
(1)An inquiry panel must conduct its inquiry in public.
(2)However, an inquiry panel may—
(a)direct that the inquiry or any part of it be conducted in private, and give directions about who may be present during any private hearing; or
(b)give directions prohibiting or restricting the publication of information given to the inquiry, or of matters contained in documents lodged with the inquiry.
(3)In making a direction under subsection (2), an inquiry panel must consider—
(a)the principle that it is desirable that the inquiry should be conducted in public, and that information given to the inquiry, and documents lodged with the inquiry, should be available to interested people and to the public; and
(b)in the circumstances, whether confidentiality is required.
(4)A person must not contravene a direction under subsection (2).
Maximum penalty: 10 penalty units.
(5)An offence against this section is a strict liability offence.
Amendment history
Commencement
s 2om LA s 89 (4)
Meaning of dwelling
s 5am SL2012‑18 s 4
Draft plan variations
ch 1A hdgins A2012‑23 s 30
Draft plan variations to be notified—Act, s 63 (5) (b)
s 6ins A2012‑23 s 30
People to be notified—Act, s 63 (5) (b)
s 7ins A2012‑23 s 30
am A2018‑18 s 15; pars renum R85 LA
Stage C—assessing environmental benefits and impacts
s 14am A2013‑19 amdt 3.233
Development proposals requiring EIS
pt 3.1AA hdg pt 3.1AA hdg ins A2011‑54 s 13 renum as pt 3.1AB hdg
ins SL2012‑19 s 4
Development proposals requiring EIS—electricity generating stations—Act, sch 4, pt 4.2, item 2, par (c) (i) (A)
s 19ins SL2012‑19 s 4
Development proposals requiring EIS—annual expected greenhouse gas emissions—Act, sch 4, pt 4.3, item 9
s 19Ains SL2022‑3 s 4
Exempt developments—Act, s 133, def exempt development
s 20 hdgsub A2011‑54 s 12
s 20am SL2008‑8 s 4
sub SL2008‑33 s 4
am SL2009‑3 s 4; SL2009‑15 s 4
Prohibited waste facility development applications
pt 3.1AAA hdg ins SL2021‑16 s 4
Sites that are not waste facilities—Act, s 137F (2), def waste facility, par (b) (ii)
s 20AAins SL2021‑16 s 4
Pre-application matters
pt 3.1AB hdg (prev pt 3.1AA hdg) ins A2011‑54 s 13
renum as pt 3.1AB hdg R48 LA
Prescribed development proposal for community consultation—Act, s 138AE
s 20Ains A2011‑54 s 13
am A2012‑23 s 31; A2017-3 s 17; pars renum R82 LA; A2020‑44 s 13; SL2020-35 ss 4-6; ss renum R95 LA
Consultation with design review panel—Act, s 138AL
s 20Bins A2019‑22 s 21
sub A2020‑44 s 14
Exemption assessment matters
pt 3.1A hdgins SL2011‑21 s 6
Number of copies of plans—Act, s 138B (2) (a) (ii)
s 21ins SL2011‑21 s 6
Details to be included in exemption assessment application—Act, s 138B (2) (a) (iii)
s 22ins SL2011‑21 s 6
am A2015‑19 s 99
Exemption assessment applications—Act,
s 138B (2) (a) (iii)
s 22Ains A2012‑23 s 32
Exemption assessment D notices––Act, s 138D (2) (b) (ii)
s 23ins SL2011‑21 s 6
sub A2012‑23 s 33
Exemption assessment D notice—attached documents—Act, s 138D (2) (b) (ii)
s 24 hdgsub A2014‑45 s 31
s 24ins A2012‑23 s 33
am A2014‑45 s 32, s 33
When survey certificate not required for development applications—Act, s 139 (2) (n)
s 25 hdgsub A2016‑2 s 25
am A2017-3 s 18
sub A2021-12 amdt 3.102
s 25am SL2009‑40 s 4; A2014‑23 s 17; A2017-3 s 19
Annual expected greenhouse gas emissions—Act, s 139 (2) (u)
s 25AAins SL2022‑3 s 5
Prescribed encroachment for development encroaching on adjoining territory land—Act, s 137AC (1) (b)
s 25Ains A2016‑21 s 77
Referral of certain development applications—Act, s 148 (1)
s 26am A2011‑22 amdt 1.352; A2014‑41 amdt 1.3, amdt 1.4; A2015‑15 amdt 3.188, amdt 3.189; A2014‑59 amdt 2.88; A2017‑12 amdt 1.13, amdt 1.14; ss renum R83 LA
Public notification of merit track development applications—Act, s 152 (1) (a) and (2)
s 27sub SL2008‑8 s 5
am SL2009‑31 s 4
(4) exp 30 June 2012 (s 407 (1))
Public notification period—Act, s 157, def public notification period, par (a)
s 28 hdgam A2011‑23 s 38
s 28sub SL2008‑8 s 5
am SL2009‑31 s 5
(2) exp 30 June 2012 (s 407 (1))
am A2013‑23 s 20; A2020‑44 s 15
Conditions for code track proposals—Act, s 165 (4)
s 29am A2013‑3 amdt 2.25
Development approvals—when amendment not required
pt 3.3 hdgins SL2008‑33 s 5
When development approvals do not require amendment—Act, s 198C (3)
s 35 hdgsub SL2010‑11 s 4
s 35ins SL2008‑33 s 5
am SL2009‑3 s 5; am SL2009‑15 s 5; A2013‑15 s 15
Expiry—pt 3.3
s 36ins SL2008‑33 s 5
om SL2010‑11 s 5
Preparation of EIS—Act, s 208 (1)
s 50am A2015‑19 s 100
EIS exemption application—consultation with entities—Act, s 211E
s 50Ains SL2012‑23 s 4
sub A2014‑41 amdt 1.5
Entities relevant for preparation of scoping documents—Act, s 212 (4)
s 51 hdgsub A2013‑15 s 16
s 51am A2011‑22 amdt 1.352
Content of scoping documents—Act, s 213 (1)
s 54am A2010‑56 s 34; pars renum R28 LA; A2011‑23 s 39; ss renum R31 LA; A2014‑41 amdt 1.6
Definitions—pt 4.2
s 70def inquiry panel om A2008‑28 amdt 3.136
Concessional leases
pt 5.1A hdg(prev ch 6 hdg) reloc and renum as pt 5.1A hdg R17 SL2009‑41 s 7
om A2010‑37 s 42
Concessional lease exclusions—Act, s 235 (1), def concessional lease, par (c) (v)
s 99(prev s 240) am SL2008‑41 s 8, s 9; SL2009‑41 s 4, s 5
reloc and renum as s 99 R17 SL2009‑41 s 6, s 7
om A2010‑37 s 42
Definitions—pt 5.1
s 100def Australian National University exp 5 April 2020 (s 402 (a))
def City West precinct exp 5 April 2020 (s 402 (a))
def City West precinct deed exp 5 April 2020 (s 402 (a))
def Commonwealth entity om A2010‑37 s 43
def retirement complex ins SL2011‑37 s 4
def supportive accommodation sub SL2011‑37 s 5
def territory entity am SL2008‑8 s 6
sub A2010‑37 s 44
Meaning of City West precinct—pt 5.1
s 102am SL2008‑8 s 7
exp 5 April 2020 (s 402 (b))
Meaning of UNSW campus—pt 5.1
s 102Ains A2020-26 s 13
exp on the relevant date (s 402A)
Direct sales requiring approval by Executive—Act, s 240 (1) (a)
s 105am SL2009‑38 s 4; A2010‑37 ss 45-47; pars renum R89 LA
(d) exp 5 April 2020 (s 402 (c))
am A2020-26 s 14
(ca) exp on the relevant date (s 402A)
Direct sale criteria for territory entities—Act, s 240 (1) (a) (i)
s 106am SL2009‑38 s 5; A2010‑37 s 48
Direct sale criteria for Commonwealth entities—Act, s 240 (1) (a) (i)
s 107am SL2009‑38 s 6; A2010‑37 s 49
(2) exp 5 April 2020 (s 402 (d))
Direct sale criteria for non-government educational establishments—Act, s 240 (1) (a) (i)
s 108am SL2011‑5 s 4, s 5; A2014‑48 amdt 1.30, amdt 1.31; A2015‑15 amdt 3.190; ss renum R89 LA
(4) exp 5 April 2020 (s 402 (e))
am A2020-26 s 15; A2022-10 amdt 1.5, amdt 1.6
(3A) exp on the relevant date (s 402A)
Direct sale criteria for leases of contiguous unleased land that is public land—Act, s 240 (1) (a) (i)
s 110am SL2010‑8 s 4; pars renum R20 LA; SL2011‑5 s 6
Direct sale criteria for City West precinct land for Australian National University—Act, s 240 (1) (a) (i)
s 111am SL2008‑8 s 8; A2017‑12 amdt 1.15; pars renum R83 LA
exp 5 April 2020 (s 402 (f))
Direct sale criteria for UNSW campus land for University of NSW—Act, s 240 (1) (a) (i)
s 111Ains A2020-26 s 16
exp on the relevant date (s 402A)
Direct sale criteria for community organisations—Act, s 240 (1) (a) (i)
s 112sub SL2009‑38 s 7
am A2010‑37 s 50; SL2011‑5 s 7, s 8; A2019-28 s 20, s 21
Direct sale criteria for supportive accommodation—Act, s 240 (1) (a) (i)
s 113am SL2008‑33 s 6; A2010‑37 s 51; SL2011‑5 s 9, s 10;
A2019-28s 22, s 23
Direct sale criteria for rural leases—Act, s 240 (1) (a) (i)
s 114am SL2011‑5 s 10
Direct sales requiring approval by Minister—Act, s 240 (1) (b)
s 120am SL2008‑8 s 9
Direct sale criteria for Territory—Act, s 240 (1) (b) (i)
s 121am SL2011‑5 s 11
Direct sale criteria for leases of contiguous unleased land other than public land—Act, s 240 (1) (b) (i)
s 122am SL2010‑8 s 5; pars renum R20 LA; SL2011‑5 s 11
Certain direct sales not requiring approval
div 5.1.4 hdg ins SL2008‑8 s 10
Certain direct sales not requiring approval—Act, s 240 (1) (d)
s 130ins SL2008‑8 s 10
am SL2011‑5 s 12,s 13; pars renum R29 LA; SL2015‑31 s 4, s 5; A2015‑42 s 44, s 45; SL2017‑1 s 4, s 5; A2018‑18 s 16, s 17; A2020‑20 s 38, s 39
Direct sale leases subject to certain provisions
div 5.1.5 hdg ins A2020-26 s 17
exp on the relevant date (s 402A)
Direct sale leases for UNSW campus land—Act, s 243 (2)
s 131ins A2020-26 s 17
exp on the relevant date (s 402A)
Exemptions from restrictions on dealings with certain single dwelling house leases—Act, s 251 (1) (c) (ii)
s 141ins SL2008‑8 s 11
Exemptions from restrictions on dealings with certain leases—Act, s 251 (5)
s 142 hdgsub A2010‑37 s 52
s 142ins SL2008‑8 s 11
am SL2009‑38 s 8; A2010‑4 s 96, s 97; ss renum R19 LA; A2018‑18 s 18, s 19
Community concessional leases—grant by tender
pt 5.2A hdgins A2019-28 s 24
Definitions—pt 5.2A
s 143ins A2019-28 s 24
def additional use ins A2019-28 s 24
def proposed lease ins A2019-28 s 24
def threshold criteria ins A2019-28 s 24
Tender process—expressions of interest—Act, s 253F (b)
s 144ins A2019-28 s 24
am SL2020‑36 s 4
Grant by tender—threshold criteria—Act, s 253F (c)
s 145ins A2019-28 s 24
Tender process—content of tenders—Act, s 253F (b)
s 146ins A2019-28 s 24
Tender process—assessment of tenders—Act, s 253F (b)
s 147ins A2019-28 s 24
Community concessional lease provisions—Act, s 253G, def community concessional lease provisions, par (h)
s 148ins A2019-28 s 24
Criteria for grant of further leases for unit title schemes—Act, s 254 (1) (f)
s 150am A2011‑41 amdt 5.27, amdt 5.28
Criteria for grant of further community concessional leases—Act, s 254 (1) (f)
s 152ins A2019-28 s 25
Lease classes for variation to pay out rent—Act, s 272A (1)
s 160 hdgsub SL2008‑8 s 12
Decision on rent payout lease variation application—Act, s 272B (1)
s 161ins SL2008‑8 s 13
Lease variation charges
pt 5.5 hdgsub A2011‑19 s 20
Chargeable variations
div 5.5.1 hdg sub SL2011‑22 s 4
Exempt variations—Act, s 276, def chargeable variation, par (c)
s 170sub SL2011‑22 s 4; SL2013‑22 s 4
am SL2016‑6 s 4; SL2016‑7 s 4, s 5
S 276E chargeable variations—Act, s 276, def s 276E chargeable variation
s 170Ains SL2011‑22 s 4
am SL2011‑37 s 6; SL2016‑7 s 6, s 7; pars renum R77 LA
sub A2018‑16 amdt 1.4
Lease variation charge—working out charge for combination of s 276E and s 277 chargeable variations—Act, s 276C (2) (c)
s 170Bins SL2011‑22 s 4
Lease variation charge—when charge taken to be worked out for transitional applications—Act, s 276D (2) (b)
s 170Cins SL2011‑22 s 4
exp 1 July 2012 (s 170C (3))
Independent valuation of s 277 lease variation charge
div 5.5.2 hdg sub A2011‑19 s 21
Appointment of independent valuer—Act, s 277D (4) (b) (ii)
s 171ins A2011‑19 s 21
Requirements for independent valuer—Act, s 277D (4) (c)
s 172ins A2011‑19 s 21
Remission of change of use charges generally—Act, s 278 (1) and (2)
s 175am SL2009‑35 ss 4-8
(6)-(8) exp 1 October 2009 (s 175 (8) (LA s 88 declaration applies))
am SL2010‑8 s 6
(1) (a) (vii), (3), (5) exp 1 December 2010 (s 175 (5))
ss renum R27 LA
om A2011‑19 s 21
Remission of change of use charges for housing commissioner—Act, s 278 (1) and (2)
s 176om A2011‑19 s 21
Policy directions about remission of change of use charges—Act, s 278 (1) and (2)
s 177om A2011‑19 s 21
Increase of lease variation charge
div 5.5.3 hdg am A2011‑19 s 22
Meaning of added value—div 5.5.3
s 179ins SL2011‑22 s 5
Increase of lease variation charge for concessional leases—Act, s 279 (1) and (2)
s 181 hdgam A2011‑19 s 23
s 181am A2010‑37 s 53; A2011‑19 s 23
Increase of lease variation charge for recently commenced leases—Act, s 279 (1) and (2)
s 182 hdgam A2011‑19 s 23
s 182am A2010‑37 s 54; A2011‑19 s 23
Discharge amount for rural leases other than special Pialligo leases—Act, s 282, def discharge amount
s 191am SL2010‑22 ss 4-7; ss renum R23 LA
Transfer of land subject to building and development provision
div 5.7.1 hdg ins SL2008‑41 s 4
Matters for transfer or assignment of leases—Act, s 298 (5)
s 201am SL2012‑18 s 5
Extension of time to complete required works
div 5.7.2 hdg ins SL2008‑41 s 5
sub A2014‑13 s 12
Extension of time to complete works—Act, s 298D (4), def A
s 202 hdgsub SL2010‑4 s 98
s 202ins SL2008‑8 s 14
sub SL2008‑41 s 5; SL2009‑35 s 9; A2014‑13 s 12
Application for extension of time—general rule—Act, s 298C (3), def A
s 203 hdgsub SL2009‑35 s 10; A2010‑4 s 99
s 203ins SL2008‑8 s 14
sub SL2008‑41 s 5
am SL2009‑35 s 11; A2010‑4 s 100; SL2012‑40 s 4, s 5; ss renum R46 LA
Application for extension of time—hardship reason—Act, s 298C (3), def A
s 204 hdgsub SL2009‑35 s 12; A2010‑4 s 101
s 204ins SL2008‑41 s 5
am SL2009‑35 s 13, s 14; SL2009‑38 s 9; A2010‑4 s 102; SL2012‑40 s 6; ss renum R46 LA
Application for extension of time—external reason—Act, s 298C (3), def A A
s 205 hdgsub SL2009‑35 s 15; A2010‑4 s 103
s 205ins SL2008‑41 s 5
am SL2009‑35 s 16
Application for extension of time—lease transferred or assigned in special circumstances—Act, s 298C (3), def A
s 206 hdgsub SL2009‑35 s 17; A2010‑4 s 104
s 206ins SL2008‑41 s 5
am SL2009‑35 s 18
Application for extension of time—certain leases granted before 31 March 2008—Act, s 298C (3), def A
s 207 hdgsub SL2009‑35 s 19; A2010‑4 s 105
s 207ins SL2008‑41 s 5
am SL2009‑35 s 20
Payment of amount on surrender or termination of leases—certain leases
div 5.8.1 hdg ins SL2014‑35 s 4
Application—div 5.8.1
s 209ins SL2014‑35 s 4
am A2015‑42 s 46
Amount of refund on surrender or termination of certain leases—Act, s 300 (2)
s 210 hdgsub A2008‑28 amdt 3.137
s 210am SL2008‑41 s 6; SL2009‑38 s 10; A2010‑37 s 55; SL2014‑35 s 5
(3), (4) exp 1 November 2011 (s 210 (4))
Limitations for refund on surrender or termination of leases—Act, s 300 (3)
s 211 hdgsub A2008‑28 amdt 3.138
s 211am SL2008‑41 s 7; SL2009‑38 s 11; SL2014‑35 s 6
Payment of amount on surrender of leases—loose‑fill asbestos insulation eradication buyback program
div 5.8.2 hdg ins SL2014‑35 s 7
Meaning of affected lease
s 212ins SL2014‑35 s 7
am SL2015‑31 s 6, s 7
sub A2020‑20 s 41
Meaning of affected residential premises—div 5.8.2
s 212Ains A2020‑20 s 40
Meaning of loose-fill asbestos insulation eradication buyback program
s 213ins SL2014‑35 s 7
sub A2015‑42 s 48; A2021-16 s 7
Meaning of LAIE buyback program valuation procedure
s 214ins SL2014‑35 s 7
sub A2015‑42 s 47
Payment amount—contract entered on or before 18 February 2014—Act, s 300 (2)
s 215ins SL2014‑35 s 7
am A2015‑42 s 48
Payment amount—contract entered after 18 February 2014 and completed on or before 28 October 2014—Act, s 300 (2)
s 216ins SL2014‑35 s 7
am A2015‑42 s 48
Payment amount—contract entered after 18 February 2014 and completed after 28 October 2014—Act, s 300 (2)
s 217ins SL2014‑35 s 7
am A2015‑42 s 48
Payment amount—lease acquired before 18 February 2014 other than by contract—Act, s 300 (2)
s 218ins SL2014‑35 s 7
am A2015‑42 s 48
Payment amount—lease acquired after 18 February 2014 other than by contract, and transferor acquired lease before 18 February 2014—Act, s 300 (2)
s 219ins SL2014‑35 s 7
am A2015‑42 s 48
Payment amount—lease acquired after 18 February 2014 other than by contract, and transferor acquired lease after 18 February 2014—Act, s 300 (2)
s 219Ains SL2014‑35 s 7
am A2015‑42 s 48
Limitation on payment amount—LAIE buyback program—Act, s 300 (3)
s 219B hdgsub A2015‑42 s 49
s 219Bins SL2014‑35 s 7
Payment amount under this division includes payment for improvements
s 219Cins SL2014‑35 s 7
Concessional leases
ch 6 hdgreloc and renum as pt 5.1A hdg
Criteria for giving approval of sublease of land—Act, s 308 (3) (a)
s 220 hdgsub A2015‑19 s 101
am A2015‑19 s 102
Prescribed matters in land sublease—Act, s 308 (7)
s 221ins A2015‑19 s 103
Concessional lease exclusions—Act, s 235 (1), def concessional lease, par (c) (v)
s 240reloc and renum as s 99
Period for deemed refusal of application for controlled activity order—Act, s 351 (4)
s 300sub SL2010‑8 s 7
Time for deemed decision not to make controlled activity order—Act, s 354 (1) (b)
s 301sub SL2010‑8 s 7
Period for deemed refusal of application for controlled activity order if development application refused—Act, s 351 (4)
s 302ins SL2010‑8 s 7
Period for deemed decision not to make controlled activity order—Act, s 354 (1) (b)
s 303ins SL2010‑8 s 7
Period for deemed decision not to make controlled activity order if development application approved—Act, s 354 (1) (b)
s 304ins SL2010‑8 s 7
Period for deemed decision not to make controlled activity order if development application refused—Act, s 354 (1) (b)
s 305ins SL2010‑8 s 7
Merit track decisions exempt from third-party ACAT review—Act, sch 1, item 4, col 2, par (b)
s 350sub A2008‑37 amdt 1.353
Impact track decisions exempt from third-party ACAT review—Act, sch 1, item 6, col 2
s 351sub A2008‑37 amdt 1.353
Disapplication of Legislation Act, s 47 (6)—regulation
s 400 hdgsub SL2008‑8 s 15
s 400am SL2010‑8 s 8, s 9; A2016‑24 s 52, s 53
(1), (3) exp 5 April 2020 (s 402 (g))
sub SL2020‑28 s 4
Disapplication of Legislation Act, s 47 (6) for certain territory plan instruments—Act, s 422A (1)
s 400Arenum as s 401
Disapplication of Legislation Act, s 47 (6) for certain territory plan instruments—Act, s 422A (1)
s 401orig s 401
renum as s 402
pres s 401
(prev s 400A) ins SL2008‑8 s 16
renum as s 401 SL2008‑8 s 18
Expiry of City West precinct provisions
s 402(prev s 401) am SL2008‑8 s 17
renum as s 402 SL2008‑8 s 18
am SL2015‑5 s 4, s 5
exp 5 April 2020 (s 402)
Expiry of University of NSW lease provisions
s 402Ains A2020-26 s 18
exp on the relevant date (s 402A)
Securing things seized under the Act, pt 12.3
s 403ins SL2008‑8 s 19
om A2010‑4 s 106
Application of Planning and Development Amendment Regulation 2008 (No 5) and Planning and Development Amendment Regulation 2009 (No 1)
s 404ins SL2009‑3 s 6
Meaning of declared funding program
s 405ins SL2009‑9 s 4 (s 405 never commenced SL2009‑9 rep by LA s 64 (2)); SL2009‑14 s 4
exp 31 March 2013 (s 407 (2))
Declaring programs and developments
s 406ins SL2009‑14 s 4
am SL2009‑31 s 6
exp 31 March 2013 (s 407 (2))
Expiry
s 407ins SL2009‑14 s 4
am SL2009‑31 s 7
exp 31 March 2013 (s 407 (2))
Modification of Act, ch 15—Act, s 429
s 410ins SL2008‑8 s 20
am SL2008‑33 s 7
om A2009‑30 s 35
Modification of Act, ch 15—Act, s 429
s 411ins SL2010‑34 s 4
exp 31 March 2013 (s 411 (2))
Exemptions from requirement for development approval
sch 1am SL2008‑33 s 8
Definitions—sch 1
sch 1 s 1.1def affected residential premises ins A2020‑20 s 41
def basic paling fence ins SL2008‑8 s 21
def clearing sub A2014‑59 amdt 2.89
def designated development om SL2008‑33 s 9
def finished floor level om SL2008‑33 s 9
def general exemption criteria om SL2008‑33 s 9
def native vegetation sub A2014‑59 amdt 2.89
def open space boundary ins SL2008‑8 s 21
def party wall ins SL2013‑30 s 4
def surface water om SL2008‑33 s 9
Exemption does not affect other territory laws
sch 1 s 1.4am SL2010‑8 s 10; SL2012‑18 s 6, s 7; A2013‑19 amdt 3.234; A2014‑23 s 18, s 19
General exemption criteria
sch 1 pt 1.2 hdg sub SL2008‑33 s 10
Exempt developments—general criteria
sch 1 s 1.10am SL2009‑3 s 7; pars renum R8 LA; SL2009‑40 s 5; pars renum R16 LA; SL2010‑8 s 11; SL2012‑18 s 7; A2013‑19 amdt 3.235; A2014‑23 s 20; A2020‑20 s 42; pars renum R91 LA
Criterion 1—easement and other access clearances
sch 1 s 1.11am SL2010‑8 ss 12-14; ss renum R20 LA; A2013‑19 amdt 3.236; A2016‑24 s 54, s 55; A2020-16 amdt 1.30
Criterion 2—plumbing and drainage clearances
sch 1 s 1.12am SL2008‑33 s 11
Criterion 3—metallic, white and off-white exterior finishes in residential zones
sch 1 s 1.13am SL2008‑8 s 22
om SL2009‑40 s 6
Criterion 4—heritage, tree, environment and conservation
sch 1 s 1.14 hdg sub SL2012‑18 s 8; A2014‑23 s 21
sch 1 s 1.14am SL2010‑8 s 15; SL2012‑18 s 9; A2014‑23 s 22; A2014‑59 amdt 2.90; SL2015‑30 s 4, s 5
Criterion 5—compliance with lease and agreement collateral to lease
sch 1 s 1.15 hdg sub SL2010‑8 s 16
sch 1 s 1.15am SL2008‑33 s 12; SL2009‑3 s 8; A2010‑4 s 107, s 108; ss and pars renum R19 LA; SL2010‑8 s 17
sub SL2010‑14 s 4
Criterion 6—development approval not otherwise required
sch 1 s 1.16am SL2008‑8 s 23; SL2008‑33 s 13
om SL2009‑3 s 9
Criterion 7A—affected residential premises
sch 1 s 1.17A ins A2020‑20 s 43
Exempt developments—certain development proposals
sch 1 pt 1.2A hdg ins A2012‑23 s 34
Information about certain development proposals
sch 1 s 1.19om SL2008‑8 s 24
ins A2012‑23 s 34
Internal alterations of buildings
sch 1 s 1.20sub SL2008‑8 s 25
Installation, alteration and removal of low impact external doors and windows in buildings
sch 1 s 1.21am SL2008‑8 s 26
sub SL2008‑33 s 14
Installation, alteration and removal of high impact external doors and windows in buildings
sch 1 s 1.21A ins SL2008‑33 s 14
Exterior refinishing of buildings and structures
sch 1 s 1.22am SL2008‑8 s 27; SL2008‑33 s 15; SL2009‑40 s 7
Maintenance of buildings and structures
sch 1 s 1.23am SL2010‑8 ss 18-21; SL2012‑18 s 10; A2014‑23 s 23
Buildings—skylights
sch 1 s 1.26am SL2016‑24 s 4; pars renum R80 LA
Buildings—external shades
sch 1 s 1.26A ins SL2009‑40 s 8
External heaters and coolers
sch 1 s 1.27sub SL2012‑18 s 11
am SL2016‑24 s 5
External photovoltaic panels
sch 1 s 1.27A ins SL2012‑18 s 11
am SL2016‑24 s 6; pars renum R80 LA
Residential leases—driveway crossings of road verges
sch 1 s 1.30am SL2010‑8 s 22; A2011‑22 amdt 1.352
Resealing existing driveways
sch 1 s 1.30A ins SL2009‑40 s 9
Temporary buildings and structures
sch 1 s 1.31ins SL2008‑8 s 28
am SL2009‑40 s 10
Exempt developments—non-habitable buildings and structures
sch 1 div 1.3.2 hdg sub SL2008‑8 s 29
Preliminary
sch 1 sdiv 1.3.2.1
hdgins SL2008‑8 s 29
Meaning of class 10a building—div 1.3.2
sch 1 s 1.40sub SL2008‑8 s 29
Class 10 buildings and structures—2nd exempt building or structure within boundary clearance area
sch 1 s 1.41sub SL2008‑8 s 29
am A2017-3 ss 20-22
Class 10a buildings—outdoor verandas
sch 1 s 1.42om SL2008‑8 s 29
Class 10b structures—plan area not more than 2m2
sch 1 s 1.43om SL2008‑8 s 29
Fences and freestanding walls generally
sch 1 s 1.44om SL2008‑8 s 29
Class 10a buildings
sch 1 sdiv 1.3.2.2
hdgins SL2008‑8 s 29
Roofed class 10a buildings—enclosed or open on 1 side
sch 1 s 1.45ins SL2008‑8 s 29
am SL2009‑40 ss 11-14; ss renum R16 LA
Roofed class 10a buildings—unenclosed or partially open
sch 1 s 1.46sub SL2008‑8 s 29
am SL2009‑40 ss 15-17
Class 10a buildings—unroofed and unenclosed
sch 1 s 1.47sub SL2008‑8 s 29
am SL2009‑40 s 18, s 19
Class 10a buildings—external decks
sch 1 s 1.48sub SL2008‑8 s 29
am SL2012‑18 s 12
Class 10a buildings—external verandahs
sch 1 s 1.49sub SL2008‑8 s 29
Class 10b structures
sch 1 sdiv 1.3.2.3
hdgins SL2008‑8 s 29
Class 10b structures—plan area not more than 2m2
sch 1 s 1.50sub SL2008‑8 s 29
Fences and freestanding walls generally
sch 1 s 1.51sub SL2008‑8 s 29
am SL2008‑33 s 16; SL2008‑41 ss 10-12; SL2009‑40 s 20
Basic open space boundary fences
sch 1 s 1.52sub SL2008‑8 s 29
am SL2008‑33 s 16
Retaining walls
sch 1 s 1.53sub SL2008‑8 s 29
am SL2012‑18 s 13, s 14
Swimming pools
sch 1 s 1.54sub SL2008‑8 s 29
am SL2009‑40 s 21; pars renum R16 LA; SL2018‑21 s 4
Water tanks
sch 1 s 1.55orig sch 1 s 1.55
om SL2008‑8 s 30
prev sch 1 s 1.55
reloc and renum as sch 1 s 1.62
External ponds
sch 1 s 1.56orig sch 1 s 1.56
om SL2008‑8 s 30
prev sch 1 s 1.56
reloc and renum as sch 1 s 1.63
Animal enclosures
sch 1 s 1.57orig sch 1 s 1.57
om SL2008‑8 s 30
prev sch 1 s 1.57
reloc and renum as sch 1 s 1.64
Clothes lines
sch 1 s 1.58orig sch 1 s 1.58
om SL2008‑8 s 30
prev sch 1 s 1.58
reloc and renum as sch 1 s 1.64A
Dish antennas
sch 1 s 1.59ins SL2008‑8 s 29
Mast antennas
sch 1 s 1.60ins SL2008‑8 s 29
Flag poles
sch 1 s 1.61ins SL2009‑40 s 26
Other structures
sch 1
sdiv 1.3.2.4 hdg ins SL2010‑8 s 27
Water tanks
sch 1 s 1.62(prev sch 1 s 1.55) ins SL2008‑8 s 29
am SL2009‑40 ss 22-24; SL2010‑8 s 23; pars renum R20 LA
reloc and renum as sch 1 s 1.62 SL2010‑8 s 26
External ponds
sch 1 s 1.63(prev sch 1 s 1.56) ins SL2008‑8 s 29
am SL2009‑40 s 25; pars renum R16 LA
reloc and renum as sch 1 s 1.63 SL2010‑8 s 26
Animal enclosures
sch 1 s 1.64(prev sch 1 s 1.57) ins SL2008‑8 s 29
am SL2010‑8 s 24; pars renum R20 LA
reloc and renum as sch 1 s 1.64 SL2010‑8 s 26
Clothes lines
sch 1 s 1.64A (prev sch 1 s 1.58) ins SL2008‑8 s 29
am SL2010‑8 s 25; pars renum R20 LA
reloc and renum as sch 1 s 1.64A SL2010‑8 s 26
Exempt developments—signs
sch 1 div 1.3.3 hdg sub SL2008‑8 s 30
Public works signs excluded—div 1.3.3
sch 1 s 1.65ins SL2008‑8 s 30
sub SL2010‑8 s 28
Meaning of prescribed general exemption criteria—div 1.3.3
sch 1 s 1.66ins SL2008‑8 s 30
sub SL2009‑40 s 27
Signs attached etc to buildings, structures and land
sch 1 s 1.67ins SL2008‑8 s 30
am A2013‑3 amdt 2.26
Moveable signs in public places
sch 1 s 1.68ins SL2008‑8 s 30
am A2013‑3 amdt 2.27
Temporary signs
sch 1 s 1.69ins SL2008‑8 s 30
am A2013‑3 amdt 2.28
Signs—information about future urban areas
sch 1 s 1.70orig s 1.70
renum as s 1.75
pres s 1.70
ins SL2008‑8 s 30
Signs—required under Building Act
sch 1 s 1.71orig s 1.71
renum as s 1.76
pres s 1.71
ins A2011‑54 s 14
Exempt developments—community gardens
sch 1 div 1.3.3A hdg ins SL2012‑18 s 15
Definitions—div 1.3.3A
sch 1 s 1.72orig s 1.72
renum as s 1.77
pres s 1.72
ins SL2012‑18 s 15
def boundary ins SL2012‑18 s 15
def class 10a buildingins SL2012‑18 s 15
def class 10b structureins SL2012‑18 s 15
def community gardenins SL2012‑18 s 15
Application—div 1.3.3A
sch 1 s 1.73orig s 1.73
renum as s 1.78
pres s 1.73
ins SL2012‑18 s 15
Community gardens—general exemption criteria
sch 1 s 1.74ins SL2012‑18 s 15
Community gardens—class 10a building
sch 1 s 1.74A ins SL2012‑18 s 15
Community gardens—class 10b structures
sch 1 s 1.74B ins SL2012‑18 s 15
Community gardens—boundary clearance area
sch 1 s 1.74C ins SL2012‑18 s 15
Community gardens—water tanks
sch 1 s 1.74D ins SL2012‑18 s 15
Community gardens—ponds
sch 1 s 1.74E ins SL2012‑18 s 15
Community gardens—shade structures
sch 1 s 1.74F ins SL2012‑18 s 15
Lease variations—exempt developments
sch 1 s 1.75(prev s 1.70) renum as s 1.75 SL2008‑8 s 31
sub SL2009‑40 s 28
Lease variations—withdrawal of part of land
sch 1 s 1.76(prev s 1.71) renum as s 1.76 SL2008‑8 s 31
sub SL2009‑40 s 28
Lease variations—subdivision for unit titles
sch 1 s 1.77(prev s 1.72) renum as s 1.77 SL2008‑8 s 31
sub SL2009‑40 s 28
om SL2010‑8 s 29
Lease variations—subdivisions
sch 1 s 1.78(prev s 1.73) renum as s 1.78 SL2008‑8 s 31
am SL2008‑33 s 17
sub SL2009‑40 s 28
am SL2010‑8 s 30
Exempt developments—outdoor eating or drinking places
sch 1 div 1.3.4A hdg ins A2014‑47 s 14
Definitions—div 1.3.4A
sch 1 s 1.79ins A2014‑47 s 14
def outdoor eating or drinking place ins A2014‑47 s 14
def public unleased land ins A2014‑47 s 14
Application—div 1.3.4A
sch 1 s 1.80om SL2008‑8 s 32
ins A2014‑47 s 14
Outdoor eating or drinking places—general exemption criteria
sch 1 s 1.81orig s 1.81
renum as s 1.86 SL2008‑8 s 33
pres s 1.81
ins A2014‑47 s 14
Outdoor eating or drinking places—removable objects
sch 1 s 1.82ins A2014‑47 s 14
Rural lease developments generally
sch 1 s 1.85ins SL2008‑8 s 32
am SL2009‑40 s 29; A2014‑59 amdt 2.91; SL2020-33 s 4, s 5
Rural leases—consolidation of rural leases
sch 1 s 1.86(prev s 1.81) renum as s 1.86 SL2008‑8 s 33
Public works
sch 1 s 1.90am SL2008‑8 s 34, s 35
sub SL2010‑8 s 31
am SL2012‑18 ss 16-19; A2014‑59 amdt 2.92; SL2015‑38 s 4; A2017-39 amdt 1.4, amdt 1.5; SL2020‑28 s 5
Public artworks
sch 1 s 1.90A ins SL2010‑8 s 31
am A2011‑22 amdt 1.352
Landscape works
sch 1 s 1.91om SL2010‑8 s 32
Plantation forestry
sch 1 s 1.92am A2015‑12 s 43, s 44
Waterway protection work
sch 1 pt 1.93am A2011‑22 amdt 1.352; A2014‑59 amdt 2.93
Temporary flood mitigation measures
sch 1 s 1.95am SL2008‑8 s 36
Exempt developments—schools
sch 1
div 1.3.6A hdg ins SL2009‑8 s 4
Preliminary
sch 1
sdiv 1.3.6A.1 hdg ins SL2009‑8 s 4
Definitions—div 1.3.6A
sch 1 s 1.96ins SL2009‑8 s 4
def commencement day ins SL2009‑8 s 4
def existing ground level ins SL2009‑8 s 4
sub SL2020‑28 s 6
def existing school ins SL2009‑8 s 4
om SL2009‑39 s 4
def young child ins SL2009‑8 s 4
Meaning of existing school—div 1.3.6A
sch 1 s 1.96A ins SL2009‑39 s 5
am SL2020‑28 s 7, s 8
Meaning of existing school campus—regulation
sch 1 s 1.97ins SL2009‑8 s 4
am SL2020‑28 s 9
Application—div 1.3.6A
sch 1 s 1.98ins SL2009‑8 s 4
General exemption criteria
sch 1 s 1.99ins SL2009‑8 s 4
Additional exemption criterion—bushfire prone areas
sch 1 s 1.99AA ins SL2020‑28 s 10
Activities not developments
sch 1 s 1.99A ins SL2009‑8 s 4
Review of division
sch 1 s 1.99Bins SL2009‑8 s 4
exp 31 March 2013 (s 1.99B (6))
Exemptions—schools
sch 1
sdiv 1.3.6A.2 hdg ins SL2009‑8 s 4
Schools—new buildings or alterations to buildings
sch 1 s 1.99Cins SL2009‑8 s 4
am SL2009‑38 s 12; SL2012‑18 s 20
(2)-(5) exp 27 March 2013 (s 1.99C (5) by Assembly resolution (see NI2013-132))
am SL2020‑28 s 11
Schools—minor alterations
sch 1 s 1.99D ins SL2009‑8 s 4
exp 31 March 2013 (s 1.99D (2))
Schools—entrances
sch 1 s 1.99Eins SL2009‑8 s 4
Schools—verandahs etc
sch 1 s 1.99Fins SL2009‑8 s 4
am SL2009‑38 s 12
Schools—signs
sch 1 s 1.99G ins SL2009‑8 s 4
Schools—playground and exercise equipment
sch 1 s 1.99H ins SL2009‑8 s 4
Schools—fences
sch 1 s 1.99Iins SL2009‑8 s 4
Schools—shade structures
sch 1 s 1.99Jins SL2009‑8 s 4
sub SL2020‑28 s 12
Schools—covered external walkways
sch 1 s 1.99Kins SL2009‑8 s 4
am SL2009‑38 s 12
Schools—flag poles
sch 1 s 1.99Lins SL2009‑8 s 4
Schools—water tanks
sch 1 s 1.99M ins SL2009‑8 s 4
am SL2010‑8 s 33
Schools—landscape gardening
sch 1 s 1.99N ins SL2009‑8 s 4
Schools—car parks
sch 1 s 1.99O ins SL2009‑8 s 4
Schools—bicycle enclosures
sch 1 s 1.99Pins SL2009‑8 s 4
Schools—toilet and change room facilities
sch 1 s 1.99Q ins SL2009‑8 s 4
am SL2009‑38 s 12
Schools—driveways
sch 1 s 1.99R ins SL2009‑8 s 4
Schools—security cameras
sch 1 s 1.99Sins SL2009‑8 s 4
Schools—external lighting
sch 1 s 1.99Tins SL2009‑8 s 4
Schools—demountable and transportable buildings
sch 1 s 1.99U ins SL2009‑8 s 4
am SL2009‑38 s 12
Schools—class 10b structures
sch 1 s 1.99V ins SL2009‑8 s 4
am SL2009‑38 s 12
Compliant single dwellings—old residential land
sch 1 s 1.100 hdg sub SL2009‑3 s 10; SL2009‑15 s 6
sch 1 s 1.100 sub SL2008‑8 s 37
am SL2008‑52 ss 4-6; ss and pars renum R6 LA; SL2009‑15 s 7, s 8; SL2009‑40 s 30, s 31; pars renum R16 LA
sub A2012‑23 s 35
am SL2013‑30 s 5; A2014‑45 s 34
Compliant single dwellings—new residential land
sch 1 s 1.100AA ins A2012‑23 s 35
am A2014‑45 s 35; A2021-12 amdt 3.103
Otherwise non-compliant single dwellings—old residential land
sch 1 s 1.100A hdg sub A2012‑23 s 36
sch 1 s 1.100A ins SL2009‑3 s 11
sub SL2009‑15 s 9
am A2012‑23 s 37, s 38; A2017-3 s 23
Otherwise non-compliant single dwellings—new residential land
sch 1 s 1.100AB ins A2012‑23 s 39
am A2017-3 s 24
Single dwellings—demolition
sch 1 s 1.100B hdg sub A2012‑23 s 40
sch 1 s 1.100B ins SL2009‑15 s10
am SL2012‑18 s 21; A2012‑23 s 40; A2013‑19 amdt 3.237; SL2013‑30 s 6; A2014‑23 s 24; A2020‑20 s 44
Buildings and structures—demolition
sch 1 s 1.101sub SL2009‑15 s 11
am SL2009‑40 s 32; SL2012‑18 s 21; A2014‑23 s 25; A2020‑20 s 44
Temporary use of land for emergency services training etc
sch 1 s 1.102am SL2008‑33 s 18
Utility and telecommunications services
sch 1 s 1.103am SL2009‑40 s 33
Landscape gardening
sch 1 s 1.104am SL2008‑8 s 38, s 39; SL2010‑37 ss 9-11; pars renum R25 LA
am A2013‑3 amdt 2.29
Resiting of buildings with development approval
sch 1 s 1.106sub SL2008‑8 s 40
om SL2008‑33 s 19
Resiting of exempt buildings
sch 1 s 1.107 sub SL2008‑8 s 40
om SL2008‑33 s 19
Designated areas—developments not involving lease variations
sch 1 s 1.109sub SL2008‑8 s 41; A2020‑20 s 45
Rebuilding damaged buildings and structures
sch 1 s 1.110ins SL2009‑40 s 34
am A2011‑52 amdt 3.159; SL2012‑42 s 4; ss renum R47 LA; A2015‑19 s 104; A2020‑20 s 46; pars renum R91 LA
Bores
sch 1 s 1.111ins SL2009‑40 s 34
Subdivisions—Unit Titles Act 2001
sch 1 s 1.112ins SL2010‑8 s 34
sub A2020‑20 s 47
Electric vehicle charging points
sch 1 s 1.113ins SL2012‑18 s 22
sub SL2020‑28 s 13
Affected residential premises—work essential for health, safety or reasonable living conditions
sch 1 s 1.114ins A2020‑20 s 48
Permitted open space boundary fence colours
sch 1 pt 1.4ins SL2008‑8 s 42
Tables of exempt signs
sch 1 pt 1.5 hdg note sub SL2008‑8 s 43
Permitted variations to approved and exempt developments
sch 1A hdgins SL2008‑33 s 20
Preliminary
sch 1A pt 1A.1 hdg ins SL2008‑33 s 20
Definitions—sch 1A
sch 1A s 1A.1 ins SL2008‑33 s 20
def approved development ins SL2008‑33 s 20
def exempt development ins SL2008‑33 s 20
def sch 1 exempt development ins SL2008‑33 s 20
Permitted construction tolerances
sch 1A pt 1A.2 hdg ins SL2008‑33 s 20
Permitted variations—horizontal siting tolerances for buildings and structures
sch 1A s 1A.10 ins SL2008‑33 s 20
am SL2009‑3 s 12, s 13; ss renum R8 LA; A2013‑40 s 15; SL2016‑24 s 7; ss renum R80 LA; A2020-16 amdt 1.31
Permitted variations—height tolerances for buildings and structures
sch 1A s 1A.11 ins SL2008‑33 s 20
am SL2009‑3 s 14; ss renum R8 LA; A2013‑40 s 16; A2015‑19 s 105, s 106; ss renum R70 LA; SL2016‑24 s 8; ss renum R80 LA
Other permitted variations
sch 1A pt 1A.3 hdg ins SL2008‑33 s 20
om SL2009‑3 s 15
Other permitted variations to approved developments and exempt developments
sch 1A s 1A.20 ins SL2008‑33 s 20
om SL2009‑3 s 15
Land not requiring community consultation for development proposal
sch 1Bins A2011‑54 s 15
sub SL2020-35 s 7
Limited public notification of certain merit track development applications
sch 2 item 1am SL2008‑8 s 44, s 45
sch 2 item 7ins SL2009‑9 s 5 (am never commenced SL2009‑9 rep by LA s 64 (2)); SL2009‑14 s 5
exp 31 March 2013 (s 407 (2))
ins A2014‑23 s 26
sch 2 item 8ins SL2009‑9 s 5 (am never commenced SL2009‑9 rep by LA s 64 (2)); SL2009‑14 s 5
exp 31 March 2013 (s 407 (2))
ins A2014‑23 s 26
sch 2 item 9ins SL2009‑31 s 8
exp 30 June 2012 (s 407 (1))
sch 2 item 10 ins SL2009‑31 s 8
exp 30 June 2012 (s 407 (1))
sch 2 item 11 ins SL2009‑31 s 8
exp 30 June 2012 (s 407 (1))
Buyback program valuation procedure
sch 2A hdgins SL2014‑35 s 8
Definitions—sch 2A
sch 2A s 2A.1 ins SL2014‑35 s 8
def affected residential premises ins A2020‑20 s 49
def Asbestos Response Taskforce ins SL2014‑35 s 8
def assessment day ins SL2014‑35 s 8
def reasonable value ins SL2014‑35 s 8
Valuation as at assessment day, not including asbestos etc
sch 2A s 2A.2 ins SL2014‑35 s 8
Accredited valuers to carry out valuation
sch 2A s 2A.3 ins SL2014‑35 s 8
Valuation to be given to lessee and Asbestos Response Taskforce
sch 2A s 2A.4 ins SL2014‑35 s 8
Presidential determination—request by Asbestos Response Taskforce
sch 2A s 2A.5 ins SL2014‑35 s 8
Buyback program valuation
sch 2A s 2A.6 ins SL2014‑35 s 8
Presidential determination—request by lessee
sch 2A s 2A.7 ins SL2014‑35 s 8
Presidential determination
sch 2A s 2A.8 ins SL2014‑35 s 8
Amount payable for surrender of affected lease
sch 2A s 2A.9 ins SL2014‑35 s 8
Matters exempt from third‑party ACAT review
sch 3 hdgam A2008‑37 amdt 1.355
Definitions—sch 3
sch 3 s 3.1def Kingston Foreshore ins SL2011‑30 s 4
def University of Canberra site ins SL2015‑4 s 4
Merit track matters exempt from third-party ACAT review
sch 3 pt 3.2 hdg am A2008‑37 amdt 1.355
sch 3 pt 3.2 item 4 am SL2011‑30 s 5
sch 3 pt 3.2 item 5 am SL2008‑8 s 46
sch 3 pt 3.2 item 6 am SL2011‑30 s 6; A2015‑19 s 107
sch 3 pt 3.2 item 7 am SL2011‑30 s 7
sch 3 pt 3.2 item 8 am SL2008‑8 s 47; A2015‑19 s 108
sch 3 pt 3.2 item 9 am SL2008‑8 s 48; SL2011‑30 s 8; A2015‑12 s 45
sch 3 pt 3.2 item 10 am SL2008‑8 s 49
sch 3 pt 3.2 item 15 ins A2014‑26 amdt 1.2
sch 3 pt 3.2 item 16 ins SL2015‑4 s 5
sch 3 pt 3.2 item 17 ins A2015‑2 s 16
am A2015‑2 s 17
Impact track matters exempt from third-party ACAT review
sch 3 pt 3.3 hdg am A2008‑37 amdt 1.355
sch 3 pt 3.3 item 2 ins A2014‑26 amdt 1.3
sch 3 pt 3.3 item 3 ins A2015‑2 s 18
am A2015‑2 s 19
Maps
sch 3 pt 3.4 hdg sub A2015‑12 s 46
Gungahlin town centre
sch 3 div 3.4.3 sub SL2012‑18 s 23
Kingston Foreshore
sch 3 div 3.4.6 ins SL2011‑30 s 9 (as am by AR2012-1)
University of Canberra site
sch 3 div 3.4.7 ins SL2015‑4 s 6
Prescribed territory plan instruments
sch 4ins SL2008‑8 s 50
Modification of Act
sch 20(prev sch 5) ins SL2008‑8 s 51
am SL2008‑27 ss 4-7; SL2008‑33 ss 21-23
renum as sch 20 SL2008‑33 s 24
am SL2008‑41 ss 13-18; SL2009‑18 s 4, s 5; SL2009‑35 s 21; SL2009‑38 s 13
om A2009‑30 s 36
Modification of Act
sch 21ins SL2010‑34 s 5
mod 21.3 (s 468 renum as s 467A R24 LA)
sch 21 exp 31 March 2013 (s 411 (2))
Dictionary
dictam SL2008‑33 s 25; A2008‑28 amdt 3.139; A2008‑37 amdt 1.354; SL2009‑31 s 9; SL2009‑41 s 8; A2010‑37 s 56; A2011‑19 s 24; SL2011‑22 s 6; A2014‑26 amdt 1.4; SL2014‑35 s 9; A2014‑41 amdt 1.7; A2015‑2 s 20; A2015‑19 s 109, s 110; A2017‑12 amdt 1.16; A2019-28 s 26; A2020-16 amdt 1.32; A2020‑20 s 50; SL2020‑28 s 14, s 15; SL2022‑3 s 6; A2020-26 s 19
note 3, dot point mention of “University of NSW” exp on the relevant date (s 402A)
def added value ins A2011‑19 s 25
sub SL2011‑22 s 7
def additional use ins A2019-28 s 27
def affected lease ins SL2014‑35 s 10
def affected residential premises ins SL2014‑35 s 10
sub A2020‑20 s 51
def affected residential premises register ins SL2015‑31 s 7
def approved development ins SL2008‑33 s 26
def Asbestos Response Taskforce ins SL2014‑35 s 10
def assessment day ins SL2014‑35 s 10
def Australian National University exp 5 April 2020 (s 402 (h))
def basic paling fence ins SL2008‑8 s 52
def Belconnen town centre am A2008‑37 amdt 1.355
def block sub A2015‑19 s 111
def boundary ins SL2012‑18 s 24
def buyback program ins SL2014‑35 s 10
om A2015‑42 s 50
def buyback program valuation ins SL2014‑35 s 10
def buyback program valuation procedure ins SL2014‑35 s 10
def city centre am A2008‑37 amdt 1.355
def City West precinct exp 5 April 2020 (s 402 (h))
def City West precinct deed exp 5 April 2020 (s 402 (h))
def class 10a building ins SL2008‑8 s 52
sub SL2012‑18 s 25
def class 10b structure ins SL2012‑18 s 26
def clearing sub A2014‑59 amdt 2.94
def commencement day ins SL2009‑8 s 6
def Commonwealth entity om A2010‑37 s 57
def community garden ins SL2012‑18 s 27
def community organisation om A2010‑37 s 57
def corrections facility am A2008‑37 amdt 1.355
def declared funding program ins SL2009‑14 s 6
exp 31 March 2013 (s 407 (2))
def designated development sub SL2008‑33 s 27
def educational establishment am A2013‑19 amdt 3.238
def exempt development ins SL2008‑33 s 28
def existing ground level ins SL2009‑8 s 6
def existing school ins SL2009‑8 s 6
sub A2011‑52 amdt 3.160
def existing school campus ins SL2009‑8 s 6
def finished floor level sub SL2008‑33 s 29
def general exemption criteria sub SL2008‑33 s 29
def Gungahlin town centre am A2008‑37 amdt 1.355
def height sub SL2008‑8 s 53
def holding lease ins SL2008‑52 s 7
def inquiry panel om A2008‑28 amdt 3.140
def Kingston Foreshore ins SL2011‑30 s 10
def LAIE buyback program valuation procedure ins A2015‑42 s 51
def loose-fill asbestos insulation ins SL2014‑35 s 10
am A2015‑6 amdt 1.14; A2020‑20 s 52
def loose-fill asbestos insulation eradication buyback program (LAIE buyback program) ins A2015‑42 s 51
def multi-unit housing ins SL2009‑31 s 10
exp 30 June 2012 (s 407 (1))
def native vegetation sub A2014‑59 amdt 2.94
def native vegetation area ins A2014‑59 amdt 2.95
def open space boundary ins SL2008‑8 s 54
def owner ins A2015‑19 s 112
def party wall ins SL2013‑30 s 7
def period of extension ins SL2008‑41 s 19
om A2009‑30 s 37
def presidential determination ins SL2014‑35 s 10
def presidential valuer ins SL2014‑35 s 10
def proposed lease ins A2019-28 s 27
def reasonable value ins SL2014‑35 s 10
def recently commenced lease am A2011‑19 s 26
def relevant solar building envelope ins SL2016‑24 s 9
def retirement complex ins SL2011‑37 s 7
def sch 1 exempt development ins SL2008‑33 s 30
def surface water sub SL2008‑33 s 31
def territory entity om A2010‑37 s 57
def threshold criteria A2019-28 s 27
def town centre am A2008‑37 amdt 1.355
def Tuggeranong town centre am A2008‑37 amdt 1.355
def University of Canberra site ins SL2015‑4 s 7
def UNSW campus ins A2020-26 s 20
exp on the relevant date (s 402A)
def UNSW precinct deed ins A2020-26 s 20
exp on the relevant date (s 402A)
def Woden town centre am A2008‑37 amdt 1.355
def young child ins SL2009‑8 s 6
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1
31 Mar 200831 Mar 2008–
30 June 2008SL2008‑8 new regulation and amendments by SL2008‑8 R2
1 July 20081 July 2008–
5 Aug 2008SL2008‑27 amendments by SL2008‑27 R3
6 Aug 20086 Aug 2008‑
25 Aug 2008SL2008‑33 amendments by SL2008‑33 R4
26 Aug 200826 Aug 2008–
15 Sept 2008A2008‑28 amendments by A2008‑28 R5
16 Sept 200816 Sept 2008–
22 Dec 2008SL2008‑41 amendments by SL2008‑41 R6
23 Dec 200823 Dec 2008–
1 Feb 2009SL2008‑52 amendments by SL2008‑52 R7
2 Feb 20092 Feb 2009–
24 Feb 2009SL2008‑52 amendments by A2008‑37 R8
25 Feb 200925 Feb 2009–
23 Mar 2009SL2009‑3 amendments by SL2009‑3 R9
24 Mar 200924 Mar 2009–
2 Apr 2009SL2009‑9 amendments by SL2009‑8 R10
3 Apr 20093 Apr 2009–
23 Apr 2009SL2009‑8 repeal of SL2009‑9 under LA s 64 (2) R11
24 Apr 200924 Apr 2009–
24 Apr 2009SL2009‑14 amendments by SL2009‑14 R12
25 Apr 100925 Apr 2009–
7 May 2009SL2009‑15 amendments by SL2009‑15 R13
8 May 20098 May 2009–
23 June 2009SL2009‑18 amendments by SL2009‑18 R14
24 June 200924 June 2009–
30 June 2009SL2009‑31 amendments by SL2009‑31 R15
1 July 20091 July 2009–
23 July 2009SL2009‑35 amendments by SL2009‑35 R16
24 July 200924 July 2009–
5 Aug 2009SL2009‑40 amendments by SL2009‑38, SL2009‑39 and SL2009‑40 R17
6 Aug 20096 Aug 2009–
1 Oct 2009SL2009‑41 amendments by SL2009‑41 R18
2 Oct 20092 Oct 2009–
25 Feb 2010A2009‑30 commenced expiry and amendments by A2009‑30 R19
26 Feb 201026 Feb 2010–
12 Mar 2010A2010‑4 amendments by A2010‑4 R20
13 Mar 201013 Mar 2010–
29 Mar 2010SL2010‑8 amendments by SL2010‑8 R21
30 Mar 201030 Mar 2010–
6 May 2010SL2010‑11 amendments by SL2010‑11 R22
7 May 20107 May 2010–
21 June 2010SL2010‑14 amendments by A2010‑14 R23
22 June 201022 June 2010–
12 August 2010SL2010‑22 amendments by SL2010‑22 R24
13 Aug 201013 Aug 2010–
7 Sept 2010SL2010‑34 amendments by SL2010‑34 R25
8 Sept 20108 Sept 2010–
6 Oct 2010SL2010‑37 amendments by SL2010‑37 R26
7 Oct 20107 Oct 2010–
1 Dec 2010A2010‑37 amendments by A2010‑37 R27
2 Dec 20102 Dec 2010–
31 Jan 2011A2010‑37 commenced expiry R28
1 Feb 20111 Feb 2011–
21 Feb 2011A2010‑56 amendments by A2010‑56 R29
22 Feb 201122 Feb 2011–
30 June 2011SL2011‑5 amendments by SL2011‑5 R30
1 July 20111 July 2011–
6 July 2011A2011‑22 amendments by A2011‑22 R31
7 July 20117 July 2011–
7 July 2011A2011‑23 amendments by A2011‑23 R32
8 July 20118 July 2011–
15 July 2011SL2011‑21 amendments by SL2011‑21 R33
16 July 201116 July 2011–
1 Nov 2011SL2011‑22 amendments by SL2011‑22 R34
2 Nov 20112 Nov 2011–
14 Nov 2011SL2011‑22 expiry of provision (s 210 (3), (4)) R35
15 Nov 201115 Nov 2011–
11 Dec 2011SL2011‑30 amendments by SL2011‑30 R36
12 Dec 201112 Dec 2011‑
16 Dec 2011A2011‑52 amendments by A2011‑52 R37
17 Dec 201117 Dec 2011‑
20 Feb 2012SL2011‑37 amendments by SL2011‑37 R38
21 Feb 201221 Feb 2012‑
29 Mar 2012AR2012-1 amendments by SL2011‑30 as amended by AR2012-1 R39
30 Mar 201230 Mar 2012–
10 May 2012AR2012-1 amendments by A2011‑41 R40
11 May 201211 May 2012–
17 May 2012SL2012‑18 amendments by SL2012‑18 R41
18 May 201218 May 2012–
28 May 2012SL2012‑19 amendments by SL2012‑19 R42
29 May 201229 May 2012–
21 June 2012A2012‑23 amendments by A2012‑23 R43
22 June 201222 June 2012–
30 June 2012SL2012‑23 amendments by SL2012‑23 R44
1 July 20121 July 2012–
1 July 2012SL2012‑23 expiry of provisions (s 27 (4), s 28 (2), sch 2 items 9-11, and def multi-unit housing (dict)) R45
2 July 20122 July 2012–
13 Sept 2012SL2012‑23 expiry of provision (s 170C) R46
14 Sept 201214 Sept 2012–
20 Sept 2012SL2012‑40 amendments by SL2012‑40 R47
21 Sept 201221 Sept 2012–
12 Dec 2012SL2012‑42 amendments by SL2012‑42 R48
13 Dec 201213 Dec 2012–
27 Mar 2013SL2012‑42 amendments by A2011‑54 and A2012‑23 R49
28 Mar 201328 Mar 2013–
31 Mar 2013SL2012‑42 expiry of provisions (s 1.99C (2)-(5) by Assembly resolution (see NI2013-132) R50
1 Apr 20131 Apr 2013–
21 May 2013SL2012‑42 expiry of provisions (ss 405-407, s 411, sch 1 s 1.99B, sch 1 s 1.99D, sch 2 items 7, 8, sch 21 and def declared funding program (dict)) R51
22 May 201322 May 2013–
13 June 2013A2013‑15 amendments by A2013‑15 R52
14 June 201314 June 2013–
30 June 2013A2013‑23 amendments by A2013‑19 and A2013‑23 R53*
1 July 20131 July 2013–
23 Aug 2013A2013‑23 amendments by A2013‑3 R54
24 Aug 201324 Aug 2013–
5 Dec 2013SL2013‑22 amendments by SL2013‑22 R55
6 Dec 20136 Dec 2013–
26 Jan 2014SL2013‑30 amendments by SL2013‑30 R56
27 Jan 201427 Jan 2014–
20 May 2014A2013‑40 amendments by A2013‑40 R57
21 May 201421 May 2014–
26 May 2014A2014‑13 amendments by A2014‑13 R58
27 May 201427 May 2014–
12 June 2014A2014‑23 amendments by A2014‑23 R59*
13 June 201413 June 2014–
5 Nov 2014A2014‑26 amendments by A2014‑26 R60
6 Nov 20146 Nov 2014–
6 Nov 2014A2014‑45 amendments by A2014‑45 R61
7 Nov 20147 Nov 2014–
19 Nov 2014A2014‑47 amendments by A2014‑47 R62
20 Nov 201420 Nov 2014–
18 Dec 2014A2014‑48 amendments by A2014‑48 R63
19 Dec 201419 Dec 2014–
19 Feb 2015SL2014‑35 amendments by SL2014‑35 R64
20 Feb 201520 Feb 2015–
1 Apr 2015SL2015‑5 amendments by SL2015‑4 and SL2015‑5 R65
2 Apr 20152 Apr 2015–
16 Apr 2015A2015‑2 amendments by A2014‑41 and A2015‑2 R66
17 Apr 201517 Apr 2015–
20 May 2015A2015-6 amendments by A2015-6 R67
21 May 201521 May 2015–
9 June 2015A2015-12 amendments by A2015-12 R68
10 June 201510 June 2015–
10 June 2015A2015-15 amendments by A2015-15 R69
11 June 201511 June 2015–
30 June 2015A2015‑15 amendments by A2014‑59 R70
1 July 20151 July 2015–
21 Sept 2015A2015‑19 amendments by A2015‑19 R71
22 Sept 201522 Sept 2015–
6 Oct 2015SL2015‑30 amendments by SL2015‑30 R72
7 Oct 20157 Oct 2015–
12 Nov 2015SL2015‑31 amendments by SL2015‑31 R73
13 Nov 201513 Nov 2015–
26 Nov 2015A2015‑42 amendments by A2015‑42 R74
27 Nov 201527 Nov 2015–
23 Feb 2016SL2015‑38 amendments by SL2015‑38 R75
24 Feb 201624 Feb 2016–
18 Mar 2016A2016-2 amendments by A2016-2 R76
19 Mar 201619 Mar 2016–
8 April 2016SL2016-6 amendments by SL2016-6 R77
9 Apr 20169 Apr 2016–
14 Apr 2016SL2016-7 amendments by SL2016-7 R78
15 Apr 201615 Apr 2016–
11 May 2016A2016-21 amendments by A2016-21 R79
12 May 201612 May 2016–
6 Sept 2016A2016-24 amendments by A2016-24 R80
7 Sept 20167 Sept 2016–
16 Feb 2017SL2016-24 amendments by SL2016-24 R81
17 Feb 201717 Feb 2017–
22 Feb 2017SL2017-1 amendments by SL2017-1 R82
23 Feb 201723 Feb 2017–
30 June 2017A2017‑3 amendments by A2017‑3 R83
1 July 20171 July 2017–
13 Nov 2017A2017-12 amendments by A2017-12 R84
14 Nov 201714 Nov 2017–
16 May 2018A2017-39 amendments by A2017-39 R85
17 May 201817 May 2018–
22 Nov 2018A2018‑18 amendments by A2018‑16 and A2018‑18 R86
23 Nov 201823 Nov 2018–
30 Sept 2019SL2018‑21 amendments by SL2018‑21 R87
1 Oct 20191 Oct 2019–
1 Apr 2020A2019‑22 amendments by A2019‑22 R88
2 Apr 20202 Apr 2020–
5 Apr 2020A2019‑28 amendments by A2019‑28 R89
6 Apr 20206 Apr 2020–
31 May 2020A2019‑28 expiry of City West precinct provisions R90
1 June 20201 June 2020–
30 June 2020A2020‑16 amendments by A2020‑16 R91
1 July 20201 July 2020–
16 July 2020A2020‑20 amendments by A2020‑20 R92
17 July 202017 July 2020–
27 Aug 2020SL2020‑28 amendments by SL2020‑28 R93
28 Aug 202028 Aug 2020–
9 Sept 2020A2020‑44 amendments by SL2020-33 and A2020‑44 R94
10 Sept 202010 Sept 2020–
31 Dec 2020SL2020-36 amendments by SL2020-36 R95
1 Jan 20211 Jan 2021–
22 June 2021SL2020‑36 amendments by SL2020-35 R96
23 June 202123 June 2021–
5 July 2021A2021-12 amendments by A2021-12 R97
6 July 20216 July 2021–
17 Aug 2021SL2021‑16 amendments by SL2021‑16 R98
18 Aug 202118 Aug 2021–
28 Feb 2022SL2021‑16 amendments by A2021-16 R99
1 Mar 20221 Mar 2022–
7 July 2022SL2022‑3 amendments by SL2022‑3 R100
8 July 20228 July 2022–
19 Dec 2022SL2022‑3 amendments by A2020-26 R101
20 Dec 202220 Dec 2022–
26 Nov 2023A2022‑10 amendments by A2022‑10
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