Australian Capital Territory Repealed Regulations

This legislation has been repealed.

LAND (PLANNING AND ENVIRONMENT) (BUSHFIRE EMERGENCY) REGULATION 2003 (REPEALED) - REG 11

    (1)     For this part, a development or a design or siting feature of a building or structure is previously approved if, before the beginning of the bushfire emergency, it had been approved under the Act, division 6.2 or the Buildings (Design and Siting) Act 1964 .

    (2)     However, a development or a design or siting feature is not taken to be previously approved if—

        (a)     the approval was given under the Act, division 6.2 for the development or feature before the beginning of the bushfire emergency; and

        (b)     immediately before the beginning of the bushfire emergency—

              (i)     the period for applying to the administrative appeals tribunal for a review of a decision in relation to the approval under the Act, section 276 (3) (Review of decisions—objectors and third parties to approvals) had not ended; or

              (ii)     an application to the tribunal for a review of such a decision had been made and the application had not been finally disposed of by the tribunal.

    (3)     In this section:

"design or siting feature", of a building or structure, means—

        (a)     its height or gross floor area; or

        (b)     a dwelling or dwellings for which it is used; or

        (c)     its setbacks.