EXPOSURE DRAFT
(Prepared by Parliamentary Counsel’s Office)
Planning and Development Regulation 2006
Subordinate Law SL2006-

The Australian Capital Territory Executive makes the following regulation under the Planning and Development Act 2006.
Dated 	 2006.

Minister

Minister

EXPOSURE DRAFT
(Prepared by Parliamentary Counsel’s Office)
Planning and Development Regulation 2006
Subordinate Law SL2006-
made under the
Planning and Development Act 2006

    

1	Name of regulation
This regulation is the Planning and Development Regulation 2006.
2	Commencement
This regulation commences on the day the Planning and Development Act 2006, chapter 7 (Development approvals) commences.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Notes
A note included in this regulation is explanatory and is not part of this regulation.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
4	Exempt development for authorised use—Act, s 132 (2) (b)
	(1)	An authorised use of land, or a building or structure on the land, is exempt development.
	(2)	However, an authorised use of land, a building or structure is not exempt development if—
	(a)	either—
	(i)	a building, or structure, on the land, is constructed, altered or demolished; or
	(ii)	earthworks or other construction work is carried out on the land; and
	(b)	the construction, alteration, demolition or work—
	(i)	is associated with the use; and
	(ii)	is not exempt from requiring development approval.
	(3)	Also, to remove any doubt, if beginning a use is not exempt development, continuing the use is not exempt development.
	(4)	In this section:
authorised use, of land, means a use of land (whether continuing, beginning or changing to the use) authorised by a lease, a licence under the Act or a permit under the Roads and Public Places Act 1937, whether the authorisation is express or implied.
5	Exempt development for use for home occupation—Act, s 132 (2) (b)
	(1)	If land comprised in a residential lease is used for home occupation, the use is exempt development.
	(2)	To remove any doubt, subsection (1) applies whether or not—
	(a)	the residential lease allows home occupation as a use; and
	(b)	the use includes building work.

Endnotes
1	Notification
	Notified under the Legislation Act on	2006.
2	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.