Planning (General) Amendment Regulation 2024 (No 1) (ACT)

Planning (General) Amendment Regulation 2024 (No 1)

Subordinate Law SL2024-21

The Australian Capital Territory Executive makes the following regulation under the Planning Act 2023.

Dated 22 August 2024.

ANDREW BARR

Chief Minister

CHRIS STEEL

Minister

Planning (General) Amendment Regulation 2024 (No 1)

Subordinate Law SL2024-21

made under the

Planning Act 2023

1. Name of regulation

   This regulation is the Planning (General) Amendment Regulation 2024 (No 1).

2. Commencement

   This regulation commences on the day after its notification day.

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

3. Legislation amended

   This regulation amends the Planning (General) Regulation 2023.

4. New division 16.1 and division 16.2 heading

   insert

Division 16.1            Unclean leaseholds

105AApplication—div 16.1

This division applies if—

(a)a person has made a complaint to the territory planning authority in accordance with the Act, section 414 (Form of complaints); and

(b)the controlled activity to which the complaint relates is that another person was, is or will be failing to keep a leasehold clean.

105BInvestigation of complaint about unclean leasehold

(1)When investigating a complaint under the Act, section 417, the territory planning authority may undertake any of the following steps:

(a)view the leasehold from a public place near the leasehold;

(b)consider whether there are items on the leasehold that can be seen from the public place;

(c)consider whether the items are of a kind that must be removed to clean up the leasehold;

(d)consider whether the volume of the items is at a level that must be reduced to clean up the leasehold;

(e)consider whether the items detract from the use or enjoyment of the surrounding area of the leasehold;

(f)consider any other matter the territory planning authority considers relevant.

(2)For subsection (1) (c)—

(a)items of a kind that must be removed to clean up the leasehold include the following:

(i)builders spoil;

Example—builders spoil

leftover material from renovations

(ii)car bodies;

(iii)furniture;

(iv)household appliances;

(v)machinery or parts of machinery;

(vi)parts of vehicles;

(vii)scrap material;

(viii)graffiti, litter or vegetation, if the graffiti, litter or vegetation accompanies an item of a kind that must be removed to clean up the leasehold;

(ix)unless otherwise permitted under a territory law—shipping containers; and

(b)items of a kind that do not need to be removed to clean up the leasehold include the following:

(i)registered vehicles;

(ii)items stored in an approved structure on the leasehold;

(iii)items that are permitted under a territory law to be on the leasehold;

Example—item permitted on the leasehold

a shipping container permitted under the Planning (Exempt Development) Regulation 2023

(iv)items that are temporarily on the leasehold.

Examples—items temporarily on the leasehold

1items on the leasehold being stored for an on-site construction project that will be removed at the completion of the project

2a large waste bin used for the collection of litter that will be removed after the litter has been collected

(3)In this section:

litter—see the Litter Act 2004, section 7.

public place—see the Litter Act 2004, dictionary.

105CReferral of complaint to another entity

(1)If the territory planning authority is required to refer a complaint in accordance with the Act, section 419 (1) (b), the territory planning authority must—

(a)if the complaint is only about graffiti on a building or other structure on the leasehold—refer the complaint to be dealt with by the administrative unit responsible for administering the Public Unleased Land Act 2013; or

(b)if the complaint is about insanitary conditions on the leasehold—refer the complaint to be dealt with by the administrative unit responsible for administering the Public Health Act 1997; or

(c)if the complaint is about smoke, odour or noise coming from items on the leasehold—refer the complaint to be dealt with by the environment protection authority.

Examples—noise

1operating heavy machinery on the leasehold which is in a residential area

2operating machinery on the leasehold after hours

(2)In this section:

insanitary condition—see the Public Health Act 1997, dictionary.

public place—see the Litter Act 2004, dictionary.

Division 16.2            Miscellaneous

Endnotes

1. Notification

   Notified under the Legislation Act on 2 September 2024.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2024