Australian Capital Territory Numbered Regulations

PLANNING AND DEVELOPMENT REGULATION 2008 (NO 2 OF 2008) - REG 108

    (1)     The criteria for the direct sale of a lease to a person for an educational establishment are—

        (a)     the person is—

              (i)     a registered non-government school; or

Note     Registered non-government school —see the Education Act 2004 , dictionary (see s (5)).

              (ii)     if the land is for an additional campus for a registered non-government school—registered under the Education Act 2004 , section 88B (Registration at additional campus); or

              (iii)     registered under the Training and Tertiary Education Act 2003 ; or

              (iv)     authorised to operate a university; and

Note     Authorised —see s (5).

        (b)     the planning and land authority is satisfied that 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 any 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 suffer disadvantage in the provision of educational services unless their special needs are met.

Examples of groups—s (1) (b) (ii) (B)

1     aboriginals or Torres Strait Islanders

2     people with a physical or medical disability

3     people who are socially or financially disadvantaged

4     people who cannot communicate, or who have difficulty communicating, in English

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).

    (2)     For subsection (1) (b), the person must give the planning and land authority the business-case documentation for the proposed development.

    (3)     For subsection (1) (b) (ii), the person must give the planning and land authority 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 (but not limited to) 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 Australian National University of a lease of land in the City West precinct.

    (5)     In this section:

"authorised"—a person is authorised to operate a university if the operation of the university by the person will not contravene the Training and Tertiary Education Act 2003 , section 81 (Universities to be established, recognised or approved).

"registered non-government school"—see the Education Act 2004 , dictionary.

"university"—see the Training and Tertiary Education Act 2003 , dictionary.