Planning (General) Regulation 2023 (ACT)
Planning (General) Regulation 2023
SL2023-20
made under the
Planning Act 2023
Republication No 5
Effective: 12 September 2025
Republication date: 12 September 2025
Last amendment made by SL2025‑18
About this republication
The republished law
This is a republication of the Planning (General) Regulation 2023, made under the Planning Act 2023 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 12 September 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 12 September 2025.
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 (General) Regulation 2023
made under the
Planning Act 2023
Contents
Page
Part 1 Preliminary
1 Name of regulation 2
3 Dictionary 2
4 Notes 2
5Offences against regulation—application of Criminal Code etc 3
6 Meaning of dwelling 3
Part 2 Strategic and spatial planning
7 Entities that may prepare planning and response reports—Act, s 39 (2) 5
8 Additional requirements for planning and response reports—Act, s 39 (4) 5
9 Matters that may be included in subdivision design application—Act, s 43 (2) 6
Part 3 Territory plan
10 People to be given extension notice—Act, s 63 (4) (b) 8
Part 4 Significant development
Division 4.1 Design review panel
11 Development proposals requiring design review panel consultation—Act, s 100 (1) 9
Division 4.2 Environmental impact assessment
12 Development proposals requiring EIS—Act, s 105 (1) (a) 9
13 Entities to consult in preparing scoping document—Act, s 109 (3) 10
14 Time for consulting entities in preparing scoping document—Act, s 109 (3) 10
15 Extension of time to comment on scoping documentation—Act, s 109 (3) 11
16 Minimum content of scoping document—Act, s 110 (1) 12
17 Criteria for consultants—Act, s 110 (3), def consultant 13
18 Draft EIS requirements—Act, s 523 (2) (b) 13
19 Revised EIS requirements—Act, s 523 (2) (b) 16
20 When environmental significance opinions may be given—Act, s 138 16
Division 4.3 EIS inquiry panels
21 Definitions—div 4.3 17
22 Disclosure of interests by panel members—Act, s 523 (2) (d) 17
23 Presiding member’s functions—Act, s 523 (2) (d)) 18
24 Formation of inquiry panel—Act, s 523 (2) (d) 18
25 Inquiry to be public—Act, s 523 (2) (d) 19
26 General procedure for inquiry panel—Act, s 523 (2) (d) 20
27 Arrangements for the use of staff and facilities—Act, s 523 (2) (d) 21
Part 5 Prohibited development
28 Prescribed encroachment onto, over or under adjoining land—Act, s 158 (1) (b) 22
29 Sites that are not waste facilities—Act, s 161 (2), def waste facility, par (b) (ii) 22
Part 6 Development applications
30 People to sign development applications—Act, s 166 (2) (a) 23
31 Requirements for design responses 24
32 Annual amount of expected greenhouse gas emissions—Act, sch 1, pt 1.2, item 12 24
33 Referral entities for development generally—Act, s 170 (1) (a) 24
34 Referral entities for proposals requiring EIS—Act, s 170 (1) (a) 25
35 Response time for entity advice—Act, s 172 (2) 26
36 Public notification period—Act, s 175 (2) (a) 27
37 Public notification exemption—Act, s 175 (3) (a) 27
38 Public notification exemptions—Act, s 175 (3) (b) 27
Part 7 Direct sale of leases
Division 7.1 Interpretation—pt 7
39 Definitions—pt 7 29
40 Meaning of business‑case criteria and business‑case documentation—pt 7 30
41 Meaning of UNSW campus and UNSW precinct deed—pt 7 31
Division 7.2 Direct sales approved by Executive
42 Direct sales requiring approval by Executive—Act, s 266 (1) (a) 31
43 Direct sale criteria for territory and Commonwealth entities—Act, s 266 (1) (a) (i) 32
44 Direct sale criteria for non‑government educational establishments—Act, s 266 (1) (a) (i) 32
45 Direct sale criterion for unallocated land for housing commissioner—Act, s 266 (1) (a) (i) 34
46 Direct sale criteria for leases of adjoining unleased land that is public land—Act, s 266 (1) (a) (i) 35
47 Direct sale criteria for UNSW campus land for University of NSW—Act, s 266 (1) (a) (i) 36
48 Direct sale criteria for community organisations—Act, s 266 (1) (a) (i) 36
49 Direct sale criteria for supportive accommodation—Act, s 266 (1) (a) (i) 37
50 Direct sale criteria for rural leases—Act, s 266 (1) (a) (i) 38
Division 7.3 Direct sales approved by Minister
51 Direct sales requiring approval by Minister—Act, s 266 (1) (b) 39
52 Direct sale criteria for Territory—Act, s 266 (1) (b) (i) 39
53 Direct sale criteria for leases of adjoining unleased land other than public land—Act, s 266 (1) (b) (i) 39
Division 7.4 Certain direct sales not requiring approval
54 Certain direct sales not requiring approval—Act, s 266 (1) (e) 40
55 Direct sales of affected leases—Act, s 266 (1) (e) 41
56 Required provisions in direct sale leases for UNSW campus land—Act, s 269 (2) 43
Part 8 Grants of leases generally
57 Period for failure to accept and execute lease—Act, s 273 (1) 44
58 Exemptions from restrictions on dealings with certain leases—Act, s 280 (3) 44
Part 9 Subletting of leases
59 Criteria for giving approval of sublease of land—Act, s 284 (3) (a) 46
60 Prescribed matters in land sublease—Act, s 284 (7) 46
Part 10 Grants of further leases
61 Criteria for grant of further leases for unit title schemes—Act, s 289 (1) (f) 49
62 Criteria for grant of further leases for community title schemes—Act, s 289 (1) (f) 49
63 Criteria for grant of further community leases—Act, s 289 (1) (f) 50
Part 11 Grants of community leases
64 Definitions—pt 11 51
64A Prescribed community lease uses—Act, s 291 (1), def community lease use, par (k) 51
65 Community lease provisions—Act, s 292, def community lease provisions, par (g) 51
66 Tender process—expressions of interest—Act, s 295 (1) (d) 51
67 Tender process—content of tenders—Act, s 295 (1) (d) 52
68 Grant by tender—threshold criteria—Act, s 295 (1) (e) 54
69 Tender process—assessment of tenders—Act, s 295 (1) (d) 55
Part 12 Lease variations
Division 12.1 Variation of rental leases
70 Lease classes for variation to pay out rent—Act, s 320 (1) (b) 56
71 Decision on rent payout lease variation application—Act, s 321 (1) 56
Division 12.2 Chargeable variations of nominal rent leases
72 Meaning of added value—div 12.2 57
73 Meaning of recently commenced lease—div 12.2 57
74 Exempt variations—Act, s 327, def chargeable variation, par (c) 58
75 Standard chargeable variations—Act, s 327, def standard chargeable variation 59
76 Combination of standard and non‑standard chargeable variations—Act, s 330 (c) 63
77 Appointment of independent valuer—Act, s 336 (4) (b) (ii) 63
78 Requirements for independent valuer—Act, s 336 (4) (c) 63
79 Increase of lease variation charge for concessional leases—Act, s 339 (1) 63
80 Increase of lease variation charge for recently commenced leases—Act, s 339 (1) 64
Part 13 Discharge amounts for rural leases
81 Definitions—pt 13 65
82 Discharge amount for rural leases other than special Pialligo leases—Act, s 349, def discharge amount 66
83 Discharge amount for special Pialligo leases—Act, s 349, def discharge amount 67
Part 14 Surrendering and terminating leases
Division 14.1 Payment of amount on surrender or termination of leases—certain leases
84 Application—div 14.1 69
85 Amount of refund on surrender or termination of certain leases—Act, s 364 (2) 69
86 Requirements for refund on surrender or termination of leases—Act, s 364 (3) 70
Division 14.2 Payment of amount on surrender of leases—LAIE buyback program
87 Definitions 70
88 Payment amount—contract entered before 19 February 2014—Act, s 364 (2) 71
89 Payment amount—contract entered after 18 February 2014 and completed before 29 October 2014—Act, s 364 (2) 72
90 Payment amount—contract entered after 18 February 2014 and completed after 28 October 2014—Act, s 364 (2) 73
91 Payment amount—lease acquired before 18 February 2014 other than by contract—Act, s 364 (2) 73
92 Payment amount—lease acquired after 18 February 2014 other than by contract, and transferor acquired lease before 18 February 2014—Act, s 364 (2) 74
93 Payment amount—lease acquired after 18 February 2014 other than by contract, and transferor acquired lease after 18 February 2014—Act, s 364 (2) 74
94 Requirements for refund on surrender of leases—LAIE buyback program—Act, s 364 (3) 75
95 Payment amount under this division includes payment for improvements 76
Part 15 Leases with building and development provisions
96 Meaning of noncompliance period—pt 15 77
97 Approval of transfer for personal reasons—Act, s 371 (2) (a) 77
98 Considerations for transfer of leases—Act, s 373 78
99 Noncompliance fee—Act, s 374 (2) 79
100 Application for reduction or waiver for hardship—Act, s 374 (4) 80
101 Decision on application for reduction or waiver for hardship—Act, s 374 (4) 81
102 Application for waiver for lease transferred or assigned in special circumstances—Act, s 374 (4) 82
103 Decision on application for waiver for lease transferred or assigned in special circumstances—Act, s 374 (4) 82
104 Application for waiver for external reason—Act, s 374 (4) 83
105 Decision on application for waiver for external reason—Act, s 374 (4) 84
Part 16 Controlled activities
Division 16.1 Unclean leaseholds
105A Application—div 16.1 85
105B Investigation of complaint about unclean leasehold 85
105C Referral of complaint to another entity 87
Division 16.2 Miscellaneous
106 Time to decide application for controlled activity order—Act, s 426 (3) 88
Part 17 Miscellaneous
107 Expiry of University of NSW lease provisions 89
Schedule 1 Development proposals requiring environmental impact assessment 90
Part 1.1 Interpretation—sch 1 90
1.1 Definitions—sch 1 90
Part 1.2 Development proposals requiring environmental impact assessment 95
Schedule 2 Buyback program valuation procedure 105
Part 2.1 Interpretation 105
2.1 Definitions—sch 2 105
Part 2.2 Buyback program valuation procedure 105
2.2 Valuation of affected lease 105
2.3 Accredited valuers to carry out valuation 106
2.4 Valuation to be given to lessee and Asbestos Response Taskforce 106
2.5 Presidential determination—request by Asbestos Response Taskforce 107
2.6 LAIE buyback program valuation 107
2.7 Presidential determination—request by lessee 108
2.8 Presidential determination 108
2.9 Amount payable for surrender of affected lease 109
Dictionary110
Endnotes
1 About the endnotes 117
2 Abbreviation key 117
3 Legislation history 118
4 Amendment history 119
5 Earlier republications 121
Planning (General) Regulation 2023
made under the
Planning Act 2023
Part 1Preliminary
Name of regulation
This regulation is the Planning (General) Regulation 2023.
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 ‘affected residential premises register—see the Dangerous Substances Act 2004, section 47P (1).’ is defined in that subsection 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.
Offences against regulation—application of Criminal Code etc
Other legislation applies in relation to offences against this regulation.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
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 outdoor cooking facilities or a barbeque in an enclosed garden room.
Part 2Strategic and spatial planning
Entities that may prepare planning and response reports—Act, s 39 (2)
The following entities are prescribed:
(a)the city renewal authority;
(b)the suburban land agency;
(c)the administrative unit responsible for transport and city services.
Additional requirements for planning and response reports—Act, s 39 (4)
(1)A planning and response report must—
(a)be prepared at 1 or more of the following spatial scales:
(i)district;
(ii)division;
(iii)precinct;
(iv)corridor;
(v)site; and
(b)for a report at the district, division or corridor spatial scale—include a structure planning document; and
Examples—structure planning document
ecological and environmental assessment, infrastructure and services assessment, transport and movement assessment, community needs and safety assessment
(c)for a report at the precinct or site spatial scale—include a concept planning document.
Examples—concept planning document
place and character plan, master planning and design framework, environmental and site study, staging and feasibility plan
(2)Only the territory planning authority may prepare a planning and response report at the district or division spatial scale.
Matters that may be included in subdivision design application—Act, s 43 (2)
The following matters are prescribed:
(a)design and construction requirements for the following:
(i)climate change adaptation and mitigation measures;
(ii)infrastructure works and landscaping;
(iii)reticulated services;
(iv)roads;
(v)water‑sensitive urban design;
(vi)works on proposed public land;
(b)a requirement that stated areas be used for stated purposes;
(c)a tree management plan;
(d)a provision that is proposed to apply to the ongoing development of a block in the subdivision, if the provision is consistent with the territory plan (including any existing provision applying to the block that is stated in the territory plan as being mandatory);
(e)landscape design and ongoing management requirements for the protection of connected native wildlife habitat.
Example—par (b)
a subdivision design application may identify an area to be zoned for community lease use and state that it must be used for a primary school
Examples—par (d)
1 an increased setback requirement
2 a reduced building envelope
Part 3Territory plan
People to be given extension notice—Act, s 63 (4) (b)
(1)A draft major plan amendment that changes a zone from 1 zone category to another zone category, apart from a draft amendment that changes the zone to any of the following, is prescribed:
(a)PRZ1—urban open space zone;
(b)NUZ3—hill ridges and buffer zone;
(c)NUZ4—river corridor zone;
(d)NUZ5—mountains and bushland zone.
Example
a draft major plan amendment to change a zone from commercial (CZ) category to residential (RZ) category
(2)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 major plan amendment applies) in the section to which the draft major plan amendment applies;
(c)if land adjoining the area to which the draft major plan amendment applies is a rural block—a lessee of the adjoining rural block.
(3)In this section:
adjoining—see the Act, section 174.
section, in relation to land—see the Districts Act 2002, dictionary.
Part 4Significant development
Division 4.1 Design review panel
Development proposals requiring design review panel consultation—Act, s 100 (1)
The following development proposals are prescribed:
(a)a proposal for a building with 5 or more storeys;
(b)a proposal to increase the floorspace of a shop by more than 2 000m2 if the proposed shop is fully or partly located within 1 or more of the following:
(i)a residential zone;
(ii)a commercial zone;
(iii)a community facility zone;
(iv)a parks and recreation zone.
Division 4.2 Environmental impact assessment
Development proposals requiring EIS—Act, s 105 (1) (a)
A development proposal mentioned in an item in schedule 1, part 1.2, column 2 is prescribed.
NoteAn EIS is not required for a development proposal if an environmental significance opinion has been given for the proposal (see Act, s 105 (2)).
Entities to consult in preparing scoping document—Act, s 109 (3)
(1)In preparing a scoping document for a development proposal, the territory planning authority—
(a)must consult with the referral entities prescribed under section 33 or section 34 for the development application for the proposal; and
(b)may consult with the public and any other entity.
Examples—other entities
1 a territory-owned corporation
2 the director‑general of an administrative unit not mentioned in s 34
3 a NSW local council
4 a government department or body established under a Commonwealth or NSW Act
5 a non‑government organisation
6 an expert in a relevant environmental matter
(2)However, the territory planning authority must not consult with an entity if it is the proponent of the development proposal.
Time for consulting entities in preparing scoping document—Act, s 109 (3)
(1)Within 5 working days after the day the territory planning authority receives an application for a scoping document under the Act, section 109, the authority must, as far as practicable, give each entity consulted under section 13—
(a)the scoping documentation for the development proposal; and
(b)a written notice inviting the entity to make written comments on the scoping documentation within 15 working days after the day the entity receives the notice.
(2)An entity given the scoping documentation is taken to have made no comments on the development proposal if the entity fails to give the territory planning authority comments on the scoping documentation within—
(a)the 15‑working day period under subsection (1) (b); or
(b)if the period is extended under section 15—the extended period.
(3)In this section:
scoping documentation, in relation to an application under the Act, section 109, means—
(a)the application; and
(b)any other documents the territory planning authority considers relevant to the application.
Extension of time to comment on scoping documentation—Act, s 109 (3)
(1)An entity given scoping documentation may, before the end of the 15‑working day period mentioned in a notice under section 14 (2), apply to the chief planner for an extension of the period.
(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)In this section:
scoping documentation—see section 14 (3).
Minimum content of scoping document—Act, s 110 (1)
(1)A scoping document for a development proposal must contain the following:
(a)the name, address, telephone number and email address of the person who prepared the document;
(b)a list of entities that provided comments in accordance with a notice under section 14;
(c)if the territory planning authority requires the proponent of the proposal to consult with any entities in preparing the EIS—a list of those entities;
(d)each potentially significant environmental impact that must be addressed in the EIS;
(e)if the scoping document relates to a public health‑related EIS—the issues that must be addressed in the EIS in relation to the public health impact of the proposal;
(f)any current relevant information held by the Territory, of which the territory planning authority is aware, that would be of use in preparing the EIS;
(g)the form and format requirements for the EIS.
Examples—format requirements for EIS
1the structure of the EIS
2how factual information is to be referenced in the EIS
(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 must also include the following requirements if the requirement applies:
(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 considers 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; and
(C)a list of impacts that are not significant environmental impacts that can be addressed through an altered design or in some other way.
NoteFor par (b) (ii) (B), if an offset is required, the Minister may impose an offset condition on the development approval (see Act, s 187 (2) (h)). An offset condition may require the proponent to prepare an offset management plan for the offset (see Act, s 245).
Criteria for consultants—Act, s 110 (3), def consultant
The criteria are that the territory planning authority is satisfied the person holds relevant professional qualifications in relation to preparing an EIS and has—
(a)experience in preparing an EIS; or
(b)the capacity to prepare an EIS.
Draft EIS requirements—Act, s 523 (2) (b)
(1)A draft EIS for a development proposal must include the following:
(a)a non‑technical summary of the draft EIS, including a summary of its recommendations;
(b)a glossary of technical terms and any abbreviations and acronyms used in the draft EIS;
(c)a description of the proposal, including—
(i)a statement of the proposal’s objectives; and
(ii)the time for implementation of the proposal, including for any stage; and
(iii)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
(iv)details of any design alternatives considered in developing the proposal;
Examples—design alternatives
1alternative siting within the land to which the proposal relates
2alternative methods of construction, materials and sources of materials
3alternative uses of the land to which the proposal relates
(d)the following details about the land to which the proposal relates:
(i)the location of the land;
(ii)if the land is leased—
(A)the lessee’s name; and
(B)the volume and folio of the lease; and
(C)the block and section number and division of the land or, if the land is under a land sublease, the sublease plan number;
(iii)if the land is unleased land or public land—the custodian of the land;
(iv)the purposes for which the land may be used;
(e)a description of the EIS process, including—
(i)any statutory approval obtained or required for the proposal; and
(ii)the information used to predict each potentially significant environmental impact identified in the scoping document for the EIS; and
(iii)the criteria used to assess the significance of each environmental impact and the performance of any alternative to the proposal considered under paragraph (c) (iv);
(f)a statement about the proposal’s compatibility with the principles of ecologically sustainable development;
(g)for each potentially significant environmental impact identified in the scoping document for the development proposal—
(i)the relevant environmental values; and
(ii)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 proposed approach to 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;
(h)a description of the consultation undertaken for the EIS;
(i)the draft EIS’s recommendations.
NoteAn EIS must also address each matter raised in the scoping document for the development proposal (see Act, s 112 (1) (a) and s 118 (4) (a)).
(2)For subsection (1) (g), each potentially significant environmental impact identified in the scoping document for the EIS must be addressed in its own part of the EIS.
(3)For subsection (1) (g) (v), the proposed approach to environmental management of the land may be set out in a management plan for the land.
(4)A draft EIS for a development proposal to be assessed by the Territory in accordance with a bilateral agreement under the EPBC Act must address the matters mentioned in the Environment Protection and Biodiversity Conservation Regulations 2000 (Cwlth), schedule 4.
(5)A draft EIS must be prepared in accordance with any requirement set out in the scoping document for the draft EIS.
Revised EIS requirements—Act, s 523 (2) (b)
(1)The requirements under section 18 apply to a revised EIS as if it were a draft EIS.
(2)A revised EIS must also include a summary of the representations made during the public consultation period.
When environmental significance opinions may be given—Act, s 138
(1)An environmental significance opinion mentioned in an item in schedule 1, part 1.2, column 3 may be given for a development proposal mentioned in the item, column 2.
(2)The proponent of the development proposal may apply to the entity mentioned in the item in schedule 1, part 1.2, column 3 for the environmental significance opinion.
Division 4.3 EIS inquiry panels
Definitions—div 4.3
In this division:
member means a member of an inquiry panel.
presiding member, of an inquiry panel, means the member nominated under the Act, section 133 (2) as the presiding member of the panel.
Disclosure of interests by panel members—Act, s 523 (2) (d)
(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) 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—Act, s 523 (2) (d))
The presiding member of an inquiry panel has the following functions:
(a)managing the affairs of the panel, including ensuring the prompt 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.
Formation of inquiry panel—Act, s 523 (2) (d)
(1)An inquiry panel must not exercise its functions unless—
(a)all members of the panel are present; or
(b)the panel is changed 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 the panel.
(3)If the inquiry panel is changed, the panel may, for the purposes of the inquiry, take into account any record of the inquiry before the previous panel, including a record of any evidence taken.
Inquiry to be public—Act, s 523 (2) (d)
(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.
General procedure for inquiry panel—Act, s 523 (2) (d)
(1)An inquiry panel—
(a)must conduct the inquiry as informally as practicable; and
(b)is not bound by the rules of evidence, and may inform itself—
(i)in any way it considers appropriate; and
(ii)without notice to any person who has made a submission to the inquiry; and
(c)may consider submissions by an interested person without hearing the person who made the submission if the person is not present or represented when the inquiry is considering the submission; and
(d)may refuse to hear anyone who has failed to comply with a direction given by the presiding member of the panel; and
(e)subject to this division, may otherwise decide its own procedures.
(2)The presiding member of an inquiry panel may, in writing, request a person to produce to the panel documents relating to an inquiry by the panel that it reasonably needs to exercise its functions.
(3)Unless otherwise required by an inquiry panel, an interested person may make a submission to the panel orally or in writing or partly orally and partly in writing.
(4)An interested person may appear and be heard by an inquiry panel in person or may be represented by another person.
(5)Meetings of an inquiry panel are to be held when and where the presiding member decides in consultation with the other members of the panel.
(6)In this section:
interested person, for an inquiry in relation to an EIS, means each of the following:
(a)the proponent of the development proposal to which the EIS relates;
(b)an owner or prospective owner of land located near the land to which the EIS relates;
(c)anyone who made a representation about the EIS under the Act, section 115;
(d)anyone else who has, in the inquiry panel’s opinion, a proper interest in the inquiry.
Arrangements for the use of staff and facilities—Act, s 523 (2) (d)
(1)An inquiry panel may make arrangements with the territory planning authority for the use of the following:
(a)the services of public servants in the authority;
(b)facilities of the authority.
(2)While a public servant is exercising functions for an inquiry panel, the public servant must exercise the functions in accordance with the directions of the presiding member of the panel.
Part 5Prohibited development
Prescribed encroachment onto, over or under adjoining land—Act, s 158 (1) (b)
A distance of 20m is prescribed.
Sites that are not waste facilities—Act, s 161 (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)Subsection (1) is not intended to allow the territory planning authority to accept a development application from an existing small waste site that would, if approved, allow an increase in the amount of waste handled each year on the site to more than 15kt.
Part 6Development applications
People to sign development applications—Act, s 166 (2) (a)
(1)The following people are prescribed:
(a)for an application made by someone other than the lessee of the land to which the application relates (the relevant land)—
(i)if the relevant land is subject to a lease—the lessee of the land; or
(ii)if the relevant land is public land or unleased land—
(A)for a development that is a driveway verge crossing for a single or dual occupancy development—the custodian of the land or the territory planning authority; and
(B)in any other case—the custodian of the land; or
(iii)in any other case—the territory planning authority;
(b)for an application that relates to land under a land sublease—
(i)if the applicant is not the sublessee—the sublessee; and
(ii)if the applicant is not the lessee—the lessee;
(c)for an application that relates to a building the subject of a building management statement—2 members of the building management committee authorised to sign the application on behalf of the committee.
(2)In this section:
building management committee—see the Land Titles Act 1925, section 123F (1) (a).
building management statement—see the Land Titles Act 1925, section 123C (1).
Requirements for design responses
(1)This section applies if—
(a)a design guide applies in relation to a development application for a development proposal; and
(b)the application is required to be accompanied by the proponent’s response to the design guide (the design response).
(2)The design response must—
(a)demonstrate, using written and graphic content, how the proposed development considers the design elements of the design guide; and
(b)be endorsed by a built environment professional with experience and expertise relevant to the type and scale of development proposed.
Annual amount of expected greenhouse gas emissions—Act, sch 1, pt 1.2, item 12
An amount of 250t is prescribed.
Referral entities for development generally—Act, s 170 (1) (a)
(1)The following entities are prescribed as referral entities for a development application (other than an application for a development proposal requiring an EIS):
(a)if the application relates to land in an urban renewal precinct—the city renewal authority;
(b)if the application relates to unleased land or public land—the custodian of the land;
(c)the heritage council, if—
(i)the application relates to a place registered or provisionally registered under the Heritage Act 2004; or
(ii)the application relates to a place or object nominated under the Heritage Act 2004; or
(iii)the territory planning authority is aware that the proposed development may impact an Aboriginal object or place.
(2)In this section:
Aboriginal object—see the Heritage Act 2004, section 9 (1).
Aboriginal place––see the Heritage Act 2004, section 9 (1).
urban renewal precinct—means an area of land in the ACT declared to be an urban renewal precinct under the City Renewal Authority and Suburban Land Agency Act 2017, section 35.
Referral entities for proposals requiring EIS—Act, s 170 (1) (a)
The following entities are prescribed as referral entities for a development application for a development proposal requiring an EIS:
(a)if the application relates to land in an urban renewal precinct—the city renewal authority;
(b)Icon Water Limited ACN 069 381 960;
(c)Icon Distribution Investments Limited ACN 073 025 224 and Jemena Networks (ACT) Pty Ltd ACN 008 552 663 working in partnership as Evoenergy ABN 76 670 568 688;
(d)the conservator of flora and fauna;
(e)the emergency services commissioner;
(f)the environment protection authority;
(g)the heritage council;
(h)the director‑general of the administrative units responsible for health policy and city services;
(i)if the application relates to unleased land or public land—the custodian of the land;
(j)if the territory planning authority, or the Minister, may impose an offset condition on the development approval for the application that would affect—
(i)leased land—the lessee of the land; or
(ii)unleased land or public land—the custodian of the land.
Response time for entity advice—Act, s 172 (2)
The number of days prescribed is—
(a)for a referral under the Act, section 170 (When authority must refer development application)—
(i)if the development application is for a significant development—20 working days after the day the territory planning authority refers the application; and
(ii)for any other development application—15 working days after the day the territory planning authority refers the application or a shorter period agreed in writing by the authority; and
(b)for a referral under the Act, section 171 (Further entity referral—more information or amended application)—10 working days after the day the territory planning authority refers the application.
Public notification period—Act, s 175 (2) (a)
The prescribed period is—
(a)for a development application for a significant development—
(i)publicly notified under the Act, section 179 (5)—10 working days; and
(ii)in any other case—20 working days; and
(b)for any other development application—15 working days.
Public notification exemption—Act, s 175 (3) (a)
A development application for a development proposal for a subdivision in a future urban area is prescribed.
Public notification exemptions—Act, s 175 (3) (b)
A development application for any of the following development proposals is prescribed:
(a)public works in a future urban area, if the works are—
(i)the building, alteration or demolition of a building or other structure; or
(ii)the carrying out of earthworks or other construction work that would affect the landscape of the area;
(b)the building, alteration or demolition of a single dwelling, if the development would not result in more than 1 dwelling being on a block;
(c)the demolition of a building or other structure in connection with the building or alteration of a single dwelling, if the development would not result in more than 1 dwelling being on a block;
(d)the building, alteration or demolition of a class 10 building or structure;
NoteA class 10 building or structure is a non‑habitable building or structure (see building code).
(e)the putting up, attaching or displaying of a sign (whether permanent or temporary) on land, or to a building or other structure on land.
NoteA sign may be exempt from requiring development approval under the Planning (Exempt Development) Regulation 2023.
Part 7Direct sale of leases
Division 7.1 Interpretation—pt 7
Definitions—pt 7
(1)In this part:
allocated land, in relation to the housing commissioner, means land that has been placed under the commissioner’s control under the Housing Assistance Act 2007, section 32.
business‑case criteria, in relation to the direct sale of a lease to a person—see section 40.
business‑case documentation, in relation to a proposed development by a person—see section 40.
direct sale, in relation to a lease, means the grant of the lease under the Act, section 263 (1) (d).
educational establishment—see the territory plan, dictionary.
supportive accommodation means any of the following:
(a)a retirement complex;
(b)residential care accommodation within the meaning of the territory plan;
(c)a retirement village within the meaning of the territory plan;
(d)supportive housing within the meaning of the territory plan.
territory entity does not include the housing commissioner.
UNSW campus—see section 41 (1).
UNSW precinct deed—see section 41 (1).
(2)In this section:
retirement complex—see section 75 (2).
Meaning of business‑case criteria and business‑case documentation—pt 7
In this part:
business‑case criteria—the following are the business‑case criteria in relation to the direct sale of a lease to a person:
(a)the person has the financial capacity, and relevant experience, qualifications, expertise and other resources, to develop and manage the land;
(b)the community has a genuine need for the proposed use of the land;
(c)the person has a genuine need for the land.
business‑case documentation, in relation to a proposed development by a person, means the following:
(a)a plan that outlines the nature and scale of the development that includes the following:
(i)how the land will be developed and used, including any staging requirements for the proposed development;
(ii)details of the proposed buildings and car parking facilities for the land;
(iii)details of the proposed public access to the land;
(b)a business plan for the land that includes the following:
(i)the proposed strategies for the successful development and use of the land;
(ii)an estimate of the development costs for the land;
(iii)details of the goods or services to be provided from the land;
(c)a list of all land in the ACT in which the person has an interest or that the person occupies;
(d)if the person is a corporation—proof of its incorporation and a copy of its constitution or rules.
Meaning of UNSW campus and UNSW precinct deed—pt 7
(1)In this part:
UNSW campus means land in the district of Reid or Parkes identified in the UNSW precinct deed.
UNSW precinct deed means the precinct deed between the Territory and the University of NSW dated 3 March 2020.
(2)Land in the UNSW campus is prescribed for the Act, section 274 (2) (g).
Division 7.2 Direct sales approved by Executive
Direct sales requiring approval by Executive—Act, s 266 (1) (a)
The following leases are prescribed:
(a)a lease granted to any of the following:
(i)a territory entity;
(ii)a Commonwealth entity;
(iii)a non‑government educational establishment;
(b)a lease to the housing commissioner if the land is not allocated land;
(c)a lease of public land to the lessee of an adjoining lease;
(d)a lease of land in the UNSW campus to the University of NSW;
(e)a lease to a community organisation;
(f)a lease for supportive accommodation;
(g)a rural lease.
Direct sale criteria for territory and Commonwealth entities—Act, s 266 (1) (a) (i)
The criteria for the direct sale of a lease to a territory entity or Commonwealth entity are—
(a)the land is the most suitable land for the entity’s proposed use of the land, taking into account the entity’s functions; and
(b)an amount has been appropriated, or is otherwise available, to develop and manage the land; and
(c)the entity’s proposed use of the land is consistent with the entity’s operations.
Direct sale criteria for non‑government educational establishments—Act, s 266 (1) (a) (i)
(1)The criteria for the direct sale of a lease to a person for an educational establishment are—
(a)the person is—
(i)if the land is to be used for a new non‑government school—the holder of an in‑principle approval for registration of a school at the location of the land; or
(ii)if the land is to be used for a new campus of a registered non‑government school—the proprietor of the non‑government school; or
(iii)a registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3; or
(iv)a registered higher education provider under the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth); and
(b)the person meets the business‑case criteria in relation to the proposed development and—
(i)the use of the land for an educational establishment will promote ACT or Commonwealth government policies in relation to educational services; or
(ii)the educational establishment will meet an education need in the ACT that is not being met by existing education providers by providing—
(A)opportunities for education or training in an area of shortage of appropriately qualified or skilled people in the ACT; or
(B)education to people who, because of a group to which they belong, may experience disadvantage in the provision of educational services unless their particular needs are met.
Examples—par (b) (ii) (B)
1Aboriginal and Torres Strait Islander people
2people with a physical or medical disability
3people who are socially or financially disadvantaged
4people who cannot communicate, or who have difficulty communicating, in English
(2)For subsection (1) (b), the person must provide the business‑case documentation for the proposed development.
(3)For subsection (1) (b) (i), the person must provide details of how the development and use of the land will meet any relevant ACT or Commonwealth government policies applicable to the proposed use of the land, including written evidence of the following:
(a)the support of any ACT or Commonwealth government agency responsible for implementing policy in relation to the land use;
(b)if the person is eligible for funding by an ACT or Commonwealth government agency—the person’s eligibility.
(4)This section does not apply to the direct sale to the University of NSW of land in the UNSW campus.
(5)In this section:
in‑principle approval, for registration of a non‑government school—see the Education Act 2004, dictionary.
non‑government school—see the Education Act 2004, dictionary.
proprietor, of a non‑government school—see the Education Act 2004, dictionary.
registered non‑government school—see the Education Act 2004, dictionary.
Direct sale criterion for unallocated land for housing commissioner—Act, s 266 (1) (a) (i)
The criterion for the direct sale of a lease of land that is not allocated land to the housing commissioner is that the commissioner requires the land for housing within the meaning of the Housing Assistance Act 2007.
Direct sale criteria for leases of adjoining unleased land that is public land—Act, s 266 (1) (a) (i)
(1)The criteria for the direct sale of a lease of public land (the proposed lease) to the lessee of a lease (the existing lease) that adjoins the proposed lease are that—
(a)the grant of the proposed lease will—
(i)rectify an existing encroachment on the proposed lease by a building or other structure on the existing lease for the purpose of consolidating the proposed and existing leases for subdivision under the Unit Titles Act 2001; or
(ii)facilitate the achievement of a good planning outcome; and
(b)the proposed use of the land is compatible with Territory or Commonwealth government policies applicable to the proposed use; and
(c)because of the size, location or configuration of the proposed lease, it is not reasonable or viable to grant the proposed lease as a separate independent lease; and
(d)the grant of the proposed lease—
(i)will not detract from the amenity of the surrounding area; and
(ii)will promote better land management; and
(iii)will not unreasonably restrict public access to other land.
(2)In this section:
encroachment includes a projection at, above or below ground level.
Direct sale criteria for UNSW campus land for University of NSW—Act, s 266 (1) (a) (i)
The criteria for the direct sale of a lease of land in the UNSW campus to the University of NSW are—
(a)the University has given the territory planning authority the following:
(i)a master plan approved by the Executive;
(ii)a development proposal for the land in accordance with the UNSW precinct deed;
(iii)a works approval approved by the National Capital Authority which is consistent with subparagraphs (i) and (ii); and
(b)the territory planning authority is satisfied that the University has the financial capacity, and relevant experience, qualifications, expertise and other resources, to develop and manage the land.
Direct sale criteria for community organisations—Act, s 266 (1) (a) (i)
(1)The criteria for the direct sale of a market value lease to a community organisation are—
(a)the community organisation meets the business‑case criteria in relation to the proposed development; and
(b)the proposed use of the land is—
(i)consistent with the community organisation’s constitution or rules; and
(ii)compatible with ACT or Commonwealth government policies applicable to the proposed use.
(2)For subsection (1) (a), the community organisation must provide the business-case documentation for the proposed development.
(3)For subsection (1) (b) (ii), the community organisation must provide details of how the development and use of the land will meet any relevant ACT or Commonwealth government policies applicable to the proposed use of the land, including written evidence of the following:
(a)the support of any ACT or Commonwealth government agency responsible for implementing policy in relation to the land use;
(b)if the community organisation is eligible for funding by an ACT or Commonwealth government agency—the community organisation’s eligibility.
Direct sale criteria for supportive accommodation—Act, s 266 (1) (a) (i)
(1)The criteria for the direct sale of a market value lease for supportive accommodation are—
(a)the proposed lessee is a community organisation; and
(b)if the proposed lessee requires an approval (however described) under a territory or Commonwealth law to provide the supportive accommodation to which the proposed use of the land relates—the proposed lessee holds the approval; and
(c)the proposed lessee meets the business‑case criteria in relation to the proposed development; and
(d)the proposed use of the land—
(i)is consistent with the proposed lessee’s constitution or rules; and
(ii)will promote any ACT or Commonwealth government policies in relation to supportive accommodation; or
(iii)will meet a need for additional supportive accommodation in the ACT.
(2)For subsection (1) (c), the proposed lessee must provide the business‑case documentation for the proposed development.
(3)For subsection (1) (d) (ii), the proposed lessee must provide details of how the development and use of the land will meet any relevant ACT or Commonwealth government policies applicable to the proposed use of the land, including written evidence of the following:
(a)the support of any ACT or Commonwealth government agency responsible for implementing policy in relation to the land use;
(b)if the person is eligible for funding by an ACT or Commonwealth government agency—the person’s eligibility.
Direct sale criteria for rural leases—Act, s 266 (1) (a) (i)
(1)The criteria for the direct sale of a rural lease to a person are—
(a)for at least 5 years before applying for the direct sale, the person has—
(i)lawfully occupied the land; or
(ii)been the occupier (whether as lessee, sublessee or licence‑holder) of adjoining land; and
(b)the land’s custodian agrees to the grant.
(2)For subsection (1) (b), the person must provide written evidence that the land’s custodian agrees to the grant.
NoteThe person must have also signed a land management agreement in relation to the land (see Act, s 350).
Division 7.3 Direct sales approved by Minister
Direct sales requiring approval by Minister—Act, s 266 (1) (b)
The following leases are prescribed:
(a)a lease granted to the Territory, other than a lease to which section 54 (1) (g) applies;
(b)a lease of unleased land, other than public land, to the lessee of an adjoining lease.
Direct sale criteria for Territory—Act, s 266 (1) (b) (i)
The criteria for the direct sale of a lease to the Territory are—
(a)the land is suitable for the proposed use; and
(b)an amount has been appropriated to develop and manage the land.
Direct sale criteria for leases of adjoining unleased land other than public land—Act, s 266 (1) (b) (i)
(1)The criteria for the direct sale of a lease of unleased land other than public land (the proposed lease) to the lessee of a lease (the existing lease) that adjoins the proposed lease are that—
(a)the grant of the proposed lease will—
(i)rectify an existing encroachment on the proposed lease by a building or other structure on the existing lease for the purpose of consolidating the proposed and existing leases for subdivision under the Unit Titles Act 2001; or
(ii)facilitate the achievement of a good planning outcome; and
(b)the proposed use of the land is compatible with Territory or Commonwealth government policies applicable to the proposed use; and
(c)because of the size, location or configuration of the proposed lease, it is not reasonable or viable to grant the proposed lease as a separate independent lease; and
(d)the grant of the proposed lease—
(i)will not detract from the amenity of the surrounding area; and
(ii)will promote better land management; and
(iii)will not unreasonably restrict public access to other land.
(2)In this section:
encroachment includes a projection at, above or below ground level.
Division 7.4 Certain direct sales not requiring approval
Certain direct sales not requiring approval—Act, s 266 (1) (e)
(1)The following leases are prescribed:
(a)a lease offered at auction but not sold;
(b)a lease (the new lease) if—
(i)a lease of the land was offered by tender but not sold; and
(ii)the new lease includes conditions materially similar to the conditions of the lease offered by tender, other than any conditions relevant only to the tender process;
(c)a lease offered at ballot but not sold;
(d)a lease sold at ballot but the contract of sale is rescinded or otherwise ended before the lease is granted under the contract;
(e)a lease of allocated land to the housing commissioner;
(f)a lease to a registered community housing provider;
(g)a lease of land to the Territory if the land is used or occupied by the Territory.
(2)In this section:
auction, in relation to a lease, means an auction of the lease under the Act, section 263 (1) (a).
ballot, in relation to a lease, means a ballot of the lease under the Act, section 263 (1) (c).
registered community housing provider—see the Community Housing Providers National Law (ACT), section 4 (1).
NoteThe Community Housing Providers National Law (ACT) Act 2013, s 7 applies the Community Housing Providers National Law (ACT) set out in the Community Housing Providers (Adoption of National Law) Act 2012 (NSW), schedule as if it were an ACT law called the Community Housing Providers National Law (ACT).
tender, in relation to a lease, means a tender for the lease under the Act, section 263 (1) (b).
(2)The amount payable to the lessee for the surrender of the affected lease is—
(a)if a presidential determination is made of the reasonable value of the affected lease—the reasonable value determined by the presidential determination; or
(b)in any other case—the LAIE buyback program valuation for the affected lease.
Dictionary
(see s 3)
Note 1The Legislation Act contains definitions relevant to this regulation. For example:
· Australian statistician
· building code
· city renewal authority
· conservator of flora and fauna
· doctor
· domestic partner (see s 169 (1))
· emergency service
· emergency services commissioner
· environment protection authority
· heritage council
· surveyor‑general
· territory‑owned corporation
· working day.
Note 2Terms used in this regulation have the same meaning that they have in the Planning Act 2023. For example, the following terms are defined in the Act, dict:
· block
· building and development provision (s 256)
· Commonwealth entity
· community lease (s 293 (1))
· concessional lease (s 258 (1))
· custodian
· deal
· development (s 14 (1))
· development application (s 166 (1))
· development approval
· development proposal
· ecologically sustainable development (s 9)
· EIS (s 94 (c))
· environmental impact assessment (s 102 (1))
· environmental significance opinion (s 102) (2))
· EPBC Act
· future urban area
· holding period (s 349)
· inquiry
· inquiry panel (s 132 (1) (a))
· land sublease
· lease
· light rail
· market value lease (s 259)
· offset (s 223)
· offset condition (s 244)
· protected matter (s 221 (1))
· public land
· rental lease
· revised EIS (s 118 (1) (b))
· scoping document (s 109 (2) (b))
· significant development (s 94)
· structure
· territory entity
· territory plan
· tree management plan
· University of NSW
· zone.
added value, for the variation of a nominal rent lease, for division 12.2 (Chargeable variations of nominal rent leases)—see section 72 (1).
affected lease—see section 87 (1).
affected residential premises—see section 87 (1).
affected residential premises register—see the Dangerous Substances Act 2004, section 47P (1).
allocated land, in relation to the housing commissioner, for part 7 (Direct sale of leases)—see section 39 (1).
Asbestos Response Taskforce, for schedule 2 (Buyback program valuation procedure)—see schedule 2, section 2.1.
assessment day, for schedule 2 (Buyback program valuation procedure)—see schedule 2, section 2.1.
business‑case criteria, in relation to the direct sale of a lease to a person, for part 7 (Direct sale of leases)—see section 40.
business‑case documentation, in relation to a proposed development by a person, for part 7 (Direct sale of leases)—see section 40.
city waste, for schedule 1 (Development proposals requiring environmental impact assessment)—see schedule 1, section 1.1.
class, for a building or other structure, means the class of building or structure under the building code.
clearing native vegetation, for schedule 1 (Development proposals requiring environmental impact assessment)—see the Nature Conservation Act 2014, section 234.
conservation dependent species, for schedule 1 (Development proposals requiring environmental impact assessment)—see the Nature Conservation Act 2014, dictionary.
constitution, for a corporation under the Corporations Act—see the Corporations Act, dictionary.
crest, for schedule 1 (Development proposals requiring environmental impact assessment)—see schedule 1, section 1.1.
critically endangered species, for schedule 1 (Development proposals requiring environmental impact assessment)—see schedule 1, section 1.1.
direct sale, in relation to a lease, for part 7 (Direct sale of leases)—see section 39 (1).
dwelling—see section 6 (1).
earlier index number, in relation to a lease, for part 13 (Discharge amounts for rural leases)—see section 81.
educational establishment, for part 7 (Direct sale of leases)—see the territory plan, dictionary.
endangered species, for schedule 1 (Development proposals requiring environmental impact assessment)—see schedule 1, section 1.1.
excluded amount, in relation to a lease, for part 13 (Discharge amounts for rural leases)—see section 81.
index number, for part 13 (Discharge amounts for rural leases)—see section 81.
LAIE buyback program valuation, for schedule 2 (Buyback program valuation procedure)—see schedule 2, section 2.6.
LAIE buyback program valuation procedure—see section 87 (1).
listed migratory species, for schedule 1 (Development proposals requiring environmental impact assessment)—see the EPBC Act, section 528.
listed threatened ecological community, for schedule 1 (Development proposals requiring environmental impact assessment)—see the EPBC Act, section 528.
loose‑fill asbestos insulation—see the Dangerous Substances Act 2004, section 47I.
loose‑fill asbestos insulation eradication buyback program (or LAIE buyback program)—see section 87 (1).
lowest point of the general foundations, of a water storage dam, for schedule 1 (Development proposals requiring environmental impact assessment)—see schedule 1, section 1.1.
major electricity storage facility, for schedule 1 (Development proposals requiring environmental impact assessment)—see schedule 1, section 1.1.
major road, for schedule 1 (Development proposals requiring environmental impact assessment)—see schedule 1, section 1.1.
member, for division 4.3 (EIS inquiry panels)—see section 21.
minor public works, for schedule 1 (Development proposals requiring environmental impact assessment)—see schedule 1, section 1.1.
minor public works code, for schedule 1 (Development proposals requiring environmental impact assessment)—see the Nature Conservation Act 2014, section 318A (1).
native vegetation, for an area, for schedule 1 (Development proposals requiring environmental impact assessment)—see the Nature Conservation Act 2014, section 232.
native vegetation area, for schedule 1 (Development proposals requiring environmental impact assessment)—see the Nature Conservation Act 2014, section 233.
noncompliance period, for part 15 (Leases with building and development provisions)—see section 96.
normal operating level, of a reservoir formed by a water storage dam, for schedule 1 (Development proposals requiring environmental impact assessment)—see schedule 1, section 1.1.
placard quantity, for schedule 1 (Development proposals requiring environmental impact assessment)—see the Work Health and Safety Regulation 2011, dictionary.
presidential determination, of the reasonable value of an affected lease, for schedule 2 (Buyback program valuation procedure)—see schedule 2, section 2.8 (2).
presiding member, of an inquiry panel, for division 4.3 (EIS inquiry panels)—see section 21.
proposed lease, for part 11 (Grants of community leases)—see section 66 (2) (a).
protected native species, for schedule 1 (Development proposals requiring environmental impact assessment)—see the Nature Conservation Act 2014, section 110.
provisionally listed threatened species, for schedule 1 (Development proposals requiring environmental impact assessment)—see schedule 1, section 1.1.
Ramsar wetland, for schedule 1 (Development proposals requiring environmental impact assessment)—see the Nature Conservation Act 2014, section 190 (1).
reasonable value, of an affected lease, for schedule 2 (Buyback program valuation procedure)—see schedule 2, section 2.1.
recently commenced lease, in relation to the variation of a lease, for division 12.2 (Chargeable variations of nominal rent leases)—see section 73 (1).
recommended design flood, for schedule 1 (Development proposals requiring environmental impact assessment)—see schedule 1, section 1.1.
regionally conservation dependent species, for schedule 1 (Development proposals requiring environmental impact assessment)—see the Nature Conservation Act 2014, dictionary.
regionally threatened species, for schedule 1 (Development proposals requiring environmental impact assessment)—see the Nature Conservation Act 2014, dictionary.
regulated waste, for schedule 1 (Development proposals requiring environmental impact assessment)—see the Environment Protection Act 1997, schedule 1, section 1.1A.
reserve, for schedule 1 (Development proposals requiring environmental impact assessment)—see the Nature Conservation Act 2014, section 169.
rules, in relation to an incorporated association—see the Associations Incorporation Act 1991, dictionary.
schedule 11 hazardous chemical, for schedule 1 (Development proposals requiring environmental impact assessment)—see the Work Health and Safety Regulation 2011, dictionary.
special Pialligo lease, for part 13 (Discharge amounts for rural leases)—see section 81.
statement of heritage effect, for schedule 1 (Development proposals requiring environmental impact assessment)—see the Heritage Act 2004, section 61G (1).
supportive accommodation, for part 7 (Direct sale of leases)—see section 39 (1).
territory entity, for part 7 (Direct sale of leases)—see section 39 (1).
threatened ecological community, for schedule 1 (Development proposals requiring environmental impact assessment)—see schedule 1, section 1.1.
threshold criteria, in relation to a tender for a community lease, for part 7 (Community leases—grant by tender)—see section 68.
UNSW campus, for part 7 (Direct sale of leases)—see section 41 (1).
UNSW precinct deed, for part 7 (Direct sale of leases)—see section 41 (1).
vulnerable species, for schedule 1 (Development proposals requiring environmental impact assessment)—see schedule 1, section 1.1.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
Planning (General) Regulation 2023 SL2023-20
notified LR 11 September 2023
s 1, s 2 commenced 11 September 2023 (LA s 75 (1))
remainder commenced 27 November 2023 (s 2 and see Planning Act 2023 A2023-18, s 2 (2) and CN2023-10)as amended by
Urban Forest (Consequential Amendments) Act 2023 A2023-52 sch 1 pt 1.7
notified LR 11 December 2023
s 1, s 2 commenced 11 December 2023 (LA s 75 (1))
sch 1 pt 1.7 commenced 1 January 2024 (s 2 and see Urban Forest Act 2023 A2023-14, s 2)Planning (General) Amendment Regulation 2024 (No 1) SL2024-21
notified LR 2 September 2024
s 1, s 2 commenced 2 September 2024 (LA s 75 (1))
remainder commenced 3 September 2024 (s 2)Heritage and Planning Legislation Amendment Act 2025 A2025-15 pt 4
notified LR 26 May 2025
s 1, s 2 commenced 26 May 2025 (LA s 75 (1))
pt 4 commenced 2 June 2025 (s 2)Planning (General) Amendment Regulation 2025 (No 1) SL2025-18
notified LR 11 September 2025
s 1, s 2 commenced 11 September 2025 (LA s 75 (1))
remainder commenced 12 September 2025 (s 2)Amendment history
Commencement
s 2om LA s 89 (4)
Referral entities for development generally—Act, s 170 (1) (a)
s 33am A2023-52 amdt 1.44; pars renum R2 LA
Definitions—pt 7
s 39def UNSW campus exp 26 November 2028 (s 107 (2))
def UNSW precinct deed exp 26 November 2028 (s 107 (2))
Meaning of UNSW campus and UNSW precinct deed—pt 7
s 41exp 26 November 2028 (s 107 (2))
Direct sales requiring approval by Executive—Act, s 266 (1) (a)
s 42(d) exp 26 November 2028 (s 107 (2))
Direct sale criteria for non‑government educational establishments—Act, s 266 (1) (a) (i)
s 44(4) exp 26 November 2028 (s 107 (2))
Direct sale criteria for UNSW campus land for University of NSW—Act, s 266 (1) (a) (i)
s 47exp 26 November 2028 (s 107 (2))
Required provisions in direct sale leases for UNSW campus land—Act, s 269 (2)
s 56exp 26 November 2028 (s 107 (2))
Grants of community leases
pt 11 hdgsub SL2025‑18 s 4
Prescribed community lease uses—Act, s 291 (1), def community lease use, par (k)
s 64Ains SL2025‑18 s 5
Unclean leaseholds
div 16.1 hdgins SL2024‑21 s 4
Application—div 16.1
s 105Ains SL2024‑21 s 4
Investigation of complaint about unclean leasehold
s 105Bins SL2024‑21 s 4
Referral of complaint to another entity
s 105Cins SL2024‑21 s 4
Miscellaneous
div 16.2 hdgins SL2024‑21 s 4
Expiry of University of NSW lease provisions
s 107am A2025-15 s 42, s 43
exp 26 November 2028 (s 107 (2))
Development proposals requiring environmental impact assessment
sch 1 pt 1.2am A2025-15 s 44
Dictionary
dictnote 2 dot point mention of ‘University of NSW’ exp 26 November 2028 (s 107 (2))
def proposed lease am SL2025‑18 s 6
def UNSW campus exp 26 November 2028 (s 107 (2))
def UNSW precinct deed exp 26 November 2028 (s 107 (2))
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
27 Nov 202327 Nov 2023–
31 Dec 2023not amended new regulation R2
1 Jan 20241 Jan 2024–
2 Sept 2024A2023‑52 amendments by A2023‑52 R3
3 Sept 20243 Sept 2024–
1 June 2025SL2024‑21 amendments by SL2024‑21 R4
2 June 20252 June 2025–
11 Sept 2025A2025‑15 amendments by A2025‑15
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