Australian Capital Territory Current Regulations

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PLANNING AND DEVELOPMENT REGULATION 2008


TABLE OF PROVISIONS

CHAPTER 1--PRELIMINARY

   1.      Name of regulation  
   3.      Dictionary  
   4.      Notes  
   5.      Meaning of dwelling  

CHAPTER 1A--DRAFT PLAN VARIATIONS

   6.      Draft plan variations to be notified—Act, s 63 (5) (b)  
   7.      People to be notified—Act, s 63 (5) (b)  

CHAPTER 2--STRATEGIC ENVIRONMENTAL ASSESSMENTS

   10.     Meaning of proposal—ch 2  
   11.     Development of strategic environmental  
   12.     Stage A—setting context and establishing baseline  
   13.     Stage B—developing alternatives and deciding scope  
   14.     Stage C—assessing environmental benefits and impacts  
   15.     Stage D—consultation  
   16.     Stage E—monitoring  
   17.     Contents of strategic environmental  

CHAPTER 3--DEVELOPMENT APPROVALS

   PART 3.1AA--DEVELOPMENT PROPOSALS REQUIRING EIS

   19.     Development proposals requiring EIS—electricity generating stations—Act, sch 4,  

   PART 3.1--EXEMPTIONS FROM REQUIREMENT FOR DEVELOPMENT APPROVAL

   20.     Exempt developments—Act, s 133, def exempt  

   PART 3.1AB--PRE-APPLICATION MATTERS

   20A.    Prescribed development proposal for community consultation—Act, s  

   PART 3.1A--EXEMPTION ASSESSMENT MATTERS

   21.     Number of copies of plans—Act, s 138B (2) (a) (ii)  
   22.     Details to be included in exemption assessment application—Act, s 138B (2) (a)  
   22A.    Exemption assessment applications—Act,  
   23.     Exemption assessment D notices––Act, s 138D (2) (b)  
   24.     Exemption assessment D notice—attached documents—Act, s 138D (2) (b)  

   PART 3.2--DEVELOPMENT APPLICATIONS

   25.     When survey certificate not required for development applications—Act, s 139  
   25A.    Prescribed encroachment for development encroaching on adjoining territory land—Act,  
   26.     Referral of certain development  
   27.     Public notification of merit track development applications—Act, s 152 (1)  
   28.     Public notification period—Act, s 157, def public notification  
   29.     Conditions for code track proposals—Act, s 165 (4)  

   PART 3.3--DEVELOPMENT APPROVALS--WHEN AMENDMENT NOT REQUIRED

   35.     When development approvals do not require amendment—Act,  

CHAPTER 4--ENVIRONMENTAL IMPACT STATEMENTS AND INQUIRIES

   PART 4.1--ENVIRONMENTAL IMPACT STATEMENTS

   50.     Preparation of EIS—Act, s 208 (1)  
   50A.    EIS exemption application—consultation with entities—Act,  
   51.     Entities relevant for preparation of scoping documents—Act, s 212  
   52.     Time for consulting entities on preparation of scoping documents  
   53.     Extension of time for giving comments on scoping documentation  
   54.     Content of scoping documents—Act, s 213 (1)  
   55.     Criteria for consultants—Act, s 213 (3),  

   PART 4.2--INQUIRY PANELS

   70.     Definitions—pt 4.2  
   71.     List of experts for inquiry panels  
   72.     Conflict of interests to be considered in appointing panel members  
   73.     Disclosure of interests by panel members  
   74.     Presiding member's functions  
   75.     Constitution of inquiry panels  
   76.     Inquiries to be public  
   77.     General procedure for inquiry panels  
   78.     Arrangements for the use of staff and facilities  

CHAPTER 5--LEASES GENERALLY

   PART 5.1--DIRECT SALE OF LEASES

           Division 5.1.1--Interpretation—pt 5.1

   100.    Definitions—pt 5.1  
   101.    Meaning of business-case criteria and business-case  
   102.    Meaning of City West precinct—pt 5.1  

           Division 5.1.2--Direct sales approved by Executive

   105.    Direct sales requiring approval by Executive—Act, s 240 (1)  
   106.    Direct sale criteria for territory  
   107.    Direct sale criteria for Commonwealth  
   108.    Direct sale criteria for non-government educational  
   109.    Direct sale criterion for unallocated land for housing  
   110.    Direct sale criteria for leases of contiguous unleased land that is public  
   111.    Direct sale criteria for City West precinct land for Australian National  
   112.    Direct sale criteria for community  
   113.    Direct sale criteria for supportive  
   114.    Direct sale criteria for rural leases—Act, s 240 (1) (a)  

           Division 5.1.3--Direct sales approved by Minister

   120.    Direct sales requiring approval by  
   121.    Direct sale criteria for  
   122.    Direct sale criteria for leases of contiguous unleased land other than public  

           Division 5.1.4--Certain direct sales not requiring approval

   130.    Certain direct sales not requiring approval—Act,  

   PART 5.2--GRANTS OF LEASES GENERALLY

   140.    Period for failure to accept and execute lease—Act,  
   141.    Exemptions from restrictions on dealings with certain single dwelling house  
   142.    Exemptions from restrictions on dealings with certain  

   PART 5.3--GRANTS OF FURTHER LEASES

   150.    Criteria for grant of further leases for unit title schemes—Act, s 254 (1)  
   151.    Criteria for grant of further leases for community title schemes—Act, s 254  

   PART 5.4--LEASE VARIATIONS

   160.    Lease classes for variation to pay out  
   161.    Decision on rent payout lease variation application—Act, s 272B  

   PART 5.5--LEASE VARIATION CHARGES

           Division 5.5.1--Chargeable variations

   170.    Exempt variations—Act, s 276, def chargeable variation, par  
   170A.   S 276E chargeable variations—Act, s 276, def s 276E chargeable  
   170B.   Lease variation charge—working out charge for combination of s 276E and s 277  

           Division 5.5.2--Independent valuation of s 277 lease variation charge

   171.    Appointment of independent valuer—Act,  
   172.    Requirements for independent valuer—Act,  

           Division 5.5.3--Increase of lease variation charge

   179.    Meaning of added value—div 5.5.3  
   180.    Meaning of recently commenced lease—div 5.5.3  
   181.    Increase of lease variation charge for concessional leases—Act, s 279 (1) and  
   182.    Increase of lease variation charge for recently commenced  

   PART 5.6--DISCHARGE AMOUNTS FOR RURAL LEASES

   190.    Definitions—pt 5.6  
   191.    Discharge amount for rural leases other than special Pialligo leases—Act, s 282, def  
   192.    Discharge amount for special Pialligo leases—Act, s 282, def discharge  

   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,  
   201.    Matters for transfer or assignment of leases—Act,  

           Division 5.7.2--Extension of time to complete required works

   202.    Extension of time to complete works—Act,  
   203.    Application for extension of time—general rule—Act,  
   204.    Application for extension of time—hardship reason—Act,  
   205.    Application for extension of time—external reason—Act, s 298C (3), def  
   206.    Application for extension of time—lease transferred or assigned in special  
   207.    Application for extension of time—certain leases granted before 31 March  

   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  
   210.    Amount of refund on surrender or termination of certain leases—Act,  
   211.    Limitations for refund on surrender or termination of leases—Act,  

           --Division 5.8.2 Payment of amount on surrender of leases—loose-fill asbestos insulation eradication buyback program

   212.    Meaning of affected lease and affected residential  
   213.    Meaning of loose-fill asbestos insulation eradication buyback  
   214.    Meaning of LAIE buyback program valuation procedure  
   215.    Payment amount—contract entered on or before  
   216.    Payment amount—contract entered after 18 February  2014 and  
   217.    Payment amount—contract entered after 18 February 2014 and completed  
   218.    Payment amount—lease acquired before 18 February 2014 other than by  
   219.    Payment amount—lease acquired after 18 February 2014 other than by contract, and  
   219A.   Payment amount—lease acquired after 18 February 2014 other than by contract, and  
   219B.   Limitation on payment amount—LAIE buyback program—Act, s 300  
   219C.   Payment amount under this division includes payment for  

   PART 5.9--SUBLETTING OF LEASES

   220.    Criteria for giving approval of sublease of land—Act, s 308 (3)  
   221.    Prescribed matters in land sublease—Act, s 308 (7)  

CHAPTER 7--CONTROLLED ACTIVITIES

   300.    Period for deemed refusal of application for controlled activity order—Act, s  
   301.    Period for deemed refusal of application for controlled activity order if development  
   302.    Period for deemed refusal of application for controlled activity order if development  
   303.    Period for deemed decision not to make controlled activity order—Act, s  
   304.    Period for deemed decision not to make controlled activity order if development  
   305.    Period for deemed decision not to make controlled activity order if development  

CHAPTER 8--REVIEWABLE DECISIONS

   350.    Merit track decisions exempt from third-party ACAT review—Act, sch 1,  
   351.    Impact track decisions exempt from third-party ACAT review—Act, sch 1, item  

CHAPTER 9--BUSHFIRE EMERGENCY REBUILDING

   370.    Main object—ch 9  
   371.    Definitions—ch 9  
   372.    Meaning of bushfire emergency—ch 9  
   373.    Fire-caused rebuilding developments—ch 9  
   374.    Previous approval—ch 9  
   375.    Rebuilding in accordance with previous approvals—Act, s 133, def exempt  

CHAPTER 10--MISCELLANEOUS

   400.    Disapplication of Legislation Act, s 47 (5) and (6)—regulation  
   401.    Disapplication of Legislation Act, s 47 (6) for certain territory plan instruments—Act, s  
   402.     Expiry of City West precinct provisions  
   404.    Application of Planning and Development Amendment Regulation 2008 (No 5) and Planning and  
           SCHEDULE 1
           SCHEDULE 1A
           SCHEDULE 1B
           SCHEDULE 2
           SCHEDULE 2A
           SCHEDULE 3
           SCHEDULE 4
           DICTIONARY
           ENDNOTES


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