Australian Capital Territory Numbered Regulations

PLANNING AND DEVELOPMENT AMENDMENT REGULATION 2020 (NO 1) (NO 28 OF 2020) - REG 5

substitute

    (1)     A designated development for public works carried out by or for the Territory if—

        (a)     the development complies with the general exemption criteria that are applicable to the development; and

        (b)     1 of the following applies to the development:

              (i)     an authorisation has been granted under the Environment Protection Act 1997

, section 49 in relation to the development;

              (ii)     the environment protection authority has entered into an environmental protection agreement under the Environment Protection Act 1997

, section 38 in relation to the activity with the person who is conducting, or proposing to conduct, the activity;

              (iii)     the development does not require an environmental authorisation or environmental protection agreement under the Environment Protection Act 1997

; and

        (c)     if the development is for minor public works carried out in a reserve—the development is carried out in accordance with a minor public works code approved by the conservator of flora and fauna under the Nature Conservation Act 2014

, section 318A.