Australian Capital Territory Numbered Regulations

PLANNING AND DEVELOPMENT AMENDMENT REGULATION 2021 (NO 1) (NO 16 OF 2021) - REG 4

before part 3.1AB, insert

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)

    (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.

Note     For 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)).