Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to this regulation.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• conservator of flora and fauna
• heritage council
• person
• the Territory
• working day.
Note 3 Terms used in this regulation have the same meaning that they have in the Planning and Development Act 2007 (see Legislation Act, s 148). For example, the following terms are defined in the Planning and Development Act 2007, dict:
• change of use charge
• development (see s 7)
• land agency
• land management agreement
• lease (see s 235)
• nominal rent lease
• structure
• territory plan
• zone.
"added value", for the variation of a lease, for part 5.5 (Change of use charges)—see section 170.
"allocated land", in relation to the housing commissioner, for part 5.1 (Direct sale of leases)—see section 100.
"Australian National University", for part 5.1 (Direct sale of leases)—see section 100.
"Belconnen town centre", for schedule 3 (Matters exempt from third-party AAT review)—see schedule 3, section 3.1.
"block" means a block under the Districts Act 2002.
"building line", for schedule 1 (Exemptions from requirement for development approval)—see the territory plan, volume 2, part 3 (Definitions).
"bushfire emergency", for chapter 9 (Bushfire emergency rebuilding)—see section 372.
"business-case criteria", in relation to the direct sale of a lease to a person, for part 5.1 (Direct sale of leases)—see section 101.
"business-case documentation", in relation to a proposed development by a person, for part 5.1 (Direct sale of leases)—see section 101.
"carport", for schedule 1 (Exemptions from requirement for development approval)—see the territory plan, volume 2, part 3 (Definitions).
"city centre", for schedule 3 (Matters exempt from third-party AAT review)—see schedule 3, section 3.1.
"City West precinct", for part 5.1 (Direct sale of leases)—see section 102.
"City West precinct deed", for part 5.1 (Direct sale of leases)—see section 100.
"class", for a building or structure, means the class of building or structure under the building code.
Note Building code—see the Legislation Act, dict, pt 1.
"clearing", for schedule 1 (Exemptions from requirement for development approval)—see the Nature Conservation Act 1980, section 74.
"Commonwealth entity", for part 5.1 (Direct sale of leases)—see section 100.
"community organisation" means a corporation that—
(a) has, as its principal purpose, the provision of a service, or a form of assistance, to people living or working in the ACT; and
(b) is not carried on for the financial benefit of its members; and
(c) does not hold a club licence under the Liquor Act 1975.
"community use"—see the territory plan, volume 2, part 3 (Definitions).
"constitution", for a corporation, for part 5.1 (Direct sale of leases)—see section 100.
"consultation plan", in relation to a strategic environmental assessment—see section 15.
"consultation report", in relation to a strategic environmental assessment—see section 15.
"corrections facility", for schedule 3 (Matters exempt from third-party AAT review)—see the territory plan, volume 2, part 3 (Definitions).
"designated area"—see the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth), section 4, definition of "Designated Area".
"designated development", in relation to land, for schedule 1 (Exemptions from requirement for development approval)—see schedule 1, section 1.2.
"direct sale", for part 5.1 (Direct sale of leases)—see section 100.
"dwelling"—see section 5.
"earlier index number", in relation to a lease, for part 5.6 (Discharge amounts for rural leases)—see section 190.
"educational establishment", for part 5.1 (Direct sale of leases)—see section 100.
"excluded amount", in relation to a lease, for part 5.6 (Discharge amounts for rural leases)—see section 190.
"finished floor level", for schedule 1 (Exemptions from requirement for development approval)—see the territory plan, volume 2, part 3 (Definitions).
"finished ground "level—see the territory plan, volume 2, part 3 (Definitions).
"fire-caused rebuilding development", for chapter 9 (Bushfire emergency rebuilding)—see section 373.
"front boundary"—see the territory plan, volume 2, part 3 (Definitions).
"general exemption criteria", for schedule 1 (Exemptions from requirement for development approval)—see schedule 1, section 1.10.
"gross floor area"—see the territory plan, volume 2, part 3 (Definitions).
"Gungahlin town centre", for schedule 3 (Matters exempt from third-party AAT review)—see schedule 3, section 3.1.
"height", for a building or structure—
(a) for this regulation generally—means the vertical distance from the lowest level of natural ground level for the building or structure to the level of the highest point of the building or structure; and
(b) for chapter 9 (Bushfire emergency rebuilding)—see section 371.
"index number", for part 5.6 (Discharge amounts for rural leases)—see section 190.
"inquiry panel", for part 4.2 (Inquiry panels)—see section 70.
"member", for part 4.2 (Inquiry panels)—see section 70.
"native vegetation", for schedule 1 (Exemptions from requirement for development approval)—see the Nature Conservation Act 1980, section 73.
"natural ground level"—see the territory plan, volume 2, part 3 (Definitions).
"plan area", of a building or structure, means the total horizontal area of the building or structure if viewed from above.
Example
1 If viewed from above, the outer edge of a house's roof gutters, front patio and rear pergola are visible as the building's outermost perimeter. Therefore, the plan area of the house is the horizontal area bounded by the outer edges of the gutters, pergola and patio.
2 If viewed from above, an office building is a square ring shape with a large open courtyard in the centre. The courtyard does not contain structures that are related to the building. The plan area of the building excludes the area of the courtyard.
Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
"previously approved", for chapter 9 (Bushfire emergency rebuilding)—see section 374.
"presiding member", for part 4.2 (Inquiry panels)—see section 70.
"proposal", for a strategic environmental assessment, for chapter 2 (Strategic environmental assessments)—see section 10.
"rear boundary" means a boundary that is not a front boundary and does not meet a front boundary.
"recently commenced lease", for division 5.5.3 (Increase of change of use charge)—see section 180.
"residential lease"—see the Act, section 234.
"rules", for an incorporated association, for part 5.1 (Direct sale of leases)—see section 100.
"rural lease"—see the Act, section 234.
"SEA scoping document", in relation to a strategic environmental assessment—see section 13.
"setback"—see the territory plan, volume 2, part 3 (Definitions).
"side boundary" means a boundary that meets a front boundary.
"special Pialligo lease", for part 5.6 (Discharge amounts for rural leases)—see section 190.
"subdivision"—see the Act, section 234.
"supportive accommodation", for part 5.1 (Direct sale of leases)—see section 100.
"surface water", for schedule 1 (Exemptions from requirement for development approval)—see the Water Resources Act 2007, section 8.
"territory entity", for part 5.1 (Direct sale of leases)—see section 100.
"town centre", for schedule 3 (Matters exempt from third-party AAT review)—see schedule 3, section 3.1.
"Tuggeranong town centre", for schedule 3 (Matters exempt from third-party AAT review)—see schedule 3, section 3.1.
"type", for a sign, for schedule 1 (Exemptions from requirement for development approval)—see schedule 1, section 1.1.
"Woden town centre", for schedule 3 (Matters exempt from third-party AAT review)—see schedule 3, section 3.1.
Endnotes
1 Notification
Notified under the Legislation Act on 3 March 2008.
2 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory 2008