Australian Capital Territory
Planning and Development Amendment Regulation 2010 (No 1)
Subordinate Law SL2010-8

The Australian Capital Territory Executive makes the following regulation under the Planning and Development Act 2007.
Dated 9 March 2010.
Andrew Barr
Minister
Joy Burch
Minister

Australian Capital Territory
Planning and Development Amendment Regulation 2010 (No 1)
Subordinate Law SL2010-8
made under the
Planning and Development Act 2007

    
    
Contents
	Page

	1	Name of regulation	1
	2	Commencement	1
	3	Legislation amended	1
	4	New section 110 (1) (aa)	1
	5	New section 122 (1) (aa)	1
	6	Section 175 (2) (b)	2
	7	Sections 300 and 301	2
	8	Section 400 (1)	6
	9	Section 400 (3), definition of street furniture agreement	6
	10	Schedule 1, section 1.4 (2) (b)	7
	11	Schedule 1, section 1.10 (d)	7
	12	Schedule 1, new section 1.11 (1A) and (1B)	7
	13	Schedule 1, section 1.11 (2), definition of utility infrastructure access or protection space	8
	14	Schedule 1, section 1.11 (2), definition of utility rule, new note	8
	15	Schedule 1, new section 1.14 (2) and (3)	8
	16	Schedule 1, section 1.15 heading	9
	17	Schedule 1, section 1.15 (1) (a)	9
	18	Schedule 1, section 1.23, except heading	9
	19	Schedule 1, section 1.23 (a), example 2	9
	20	Schedule 1, section 1.23 (a), note 1	9
	21	Schedule 1, section 1.23 (b)	10
	22	Schedule 1, section 1.30 (1) (b)	10
	23	Schedule 1, section 1.55 (d)	10
	24	Schedule 1, section 1.57 (1) (d)	10
	25	Schedule 1, section 1.58 (1) (d)	10
	26	Schedule 1, sections 1.55 to 1.58 (as amended)	10
	27	Schedule 1, new subdivision 1.3.2.4 heading	10
	28	Schedule 1, section 1.65	11
	29	Schedule 1, section 1.77	11
	30	Schedule 1, section 1.78	11
	31	Schedule 1, section 1.90	11
	32	Schedule 1, section 1.91	15
	33	Schedule 1, section 199M, note	15
	34	Schedule 1, new section 1.112	16

1	Name of regulation
This regulation is the Planning and Development Amendment Regulation 2010 (No 1).
2	Commencement
This regulation commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This regulation amends the Planning and Development Regulation 2008.
4	New section 110 (1) (aa)
insert
	(aa)	the proposed use of the land is compatible with Territory or Commonwealth government policies applicable to the proposed use; and
5	New section 122 (1) (aa)
insert
	(aa)	the proposed use of the land is compatible with Territory or Commonwealth government policies applicable to the proposed use; and
6	Section 175 (2) (b)
omit
(if any)
7	Sections 300 and 301
substitute
300	Period for deemed refusal of application for controlled activity order—Act, s 351 (4)
	(1)	This section applies to a controlled activity other than an activity mentioned in section 301 or section 302.
	(2)	The period is 20 working days after the end of the 10-working day period within which the lessee may give the planning and land authority written reasons under the Act, section 350 (4) (b). 
301	Period for deemed refusal of application for controlled activity order if development application approved—
Act, s 351 (4)
	(1)	This section applies if—
	(a)	an activity is a controlled activity mentioned in the Act, schedule 2, item 1, 3 or 4; and
	(b)	a development application has been made in relation to the controlled activity within 20 working days after the day the planning and land authority gives a show cause notice under the Act, section 350 (3); and
	(c)	the development application is approved.
	(2)	The period is 10 working days after the day the approval takes effect.
Note 	For when an approval takes effect, see the Act, div 7.3.9. If the approval is made by order of the ACAT, see the ACT Civil and Administrative Tribunal Act 2008, s 69.
302	Period for deemed refusal of application for controlled activity order if development application refused—
Act, s 351 (4)
	(1)	This section applies if—
	(a)	an activity is a controlled activity mentioned in the Act, schedule 2, item 1, 3 or 4; and
	(b)	a development application has been made in relation to the controlled activity within 20 working days after the day the planning and land authority gives a show cause notice under the Act, section 350 (3); and
	(c)	the development application is refused.
	(2)	The period is 20 working days after the day the development application is refused.
	(3)	For this section, a development application is refused on the latest of the following days that apply to the development application:
	(a)	if there is no right to make a reconsideration application or apply to the ACAT for review of the decision on the development application—the day notice of the decision to refuse is given to the applicant; 
	(b)	if there is a right to make a reconsideration application and—
	(i)	no application is made—the day the period for making the reconsideration application ends; or
	(ii)	an application is made—the day notice of the decision to refuse, as confirmed or substituted on reconsideration, is given under the Act, section 195; 
	(c)	if there is a right to apply to the ACAT for review of the decision on the development application and—
	(i)	no application is made—the day the period for making the application for review ends; or
	(ii)	an application is made—
	(A)	the day the decision to refuse the development application, as confirmed, varied or substituted by the ACAT, takes effect under the ACT Civil and Administrative Tribunal Act 2008, section 69 (Effect of orders for administrative review); or
	(B)	the day the application for review is withdrawn, dismissed or struck out.
303	Period for deemed decision not to make controlled activity order—Act, s 354 (1) (b)
	(1)	This section applies to a controlled activity other than an activity mentioned in section 304 or section 305.
	(2)	The period is 20 working days after the end of the 10-working day period within which the lessee may give the planning and land authority written reasons under the Act, section 353 (4) (a).
304	Period for deemed decision not to make controlled activity order if development application approved—
Act, s 354 (1) (b)
	(1)	This section applies if—
	(a)	an activity is a controlled activity mentioned in the Act, schedule 2, item 1, 3 or 4; and
	(b)	a development application has been made in relation to the controlled activity within 20 working days after the day the planning and land authority gives a show cause notice under the Act, section 353 (2); and
	(c)	the development application is approved.
	(2)	The period is 10 working days after the day the approval takes effect.
Note 	For when an approval takes effect, see the Act, div 7.3.9. If the approval is made by order of the ACAT, see the ACT Civil and Administrative Tribunal Act 2008, s 69.
305	Period for deemed decision not to make controlled activity order if development application refused—
Act, s 354 (1) (b)
	(1)	This section applies if—
	(a)	an activity is a controlled activity mentioned in the Act, schedule 2, item 1, 3 or 4; and
	(b)	a development application has been made in relation to the controlled activity within 20 working days after the day the planning and land authority gives a show cause notice under the Act, section 353 (2); and
	(c)	the development application is refused.
	(2)	The period is 20 working days after the day the development application is refused.
	(3)	For this section, a development application is refused on the latest of the following days that apply to the development application:
	(a)	if there is no right to make a reconsideration application or apply to the ACAT for review of the decision on the development application—the day notice of the decision to refuse is given to the applicant; 
	(b)	if there is a right to make a reconsideration application and—
	(i)	no application is made—the day the period for making the reconsideration application ends; or
	(ii)	an application is made—the day notice of the decision to refuse, as confirmed or substituted on reconsideration, is given under the Act, section 195; 
	(c)	if there is a right to apply to the ACAT for review of the decision on the development application and—
	(i)	no application is made—the day the period for making the application for review ends; or
	(ii)	an application is made—
	(A)	the day the decision to refuse the development application, as confirmed, varied or substituted by the ACAT, takes effect under the ACT Civil and Administrative Tribunal Act 2008, section 69 (Effect of orders for administrative review); or
	(B)	the day the application for review is withdrawn, dismissed or struck out.
8	Section 400 (1)
substitute
	(1)	The Legislation Act, section 47 (5) does not apply to the City West precinct deed.
9	Section 400 (3), definition of street furniture agreement
omit
10	Schedule 1, section 1.4 (2) (b)
substitute
	(b)	section 1.15 (Criterion 5—compliance with lease and development approvals).
11	Schedule 1, section 1.10 (d)
substitute
	(d)	section 1.15 (Criterion 5—compliance with lease and development approvals);
12	Schedule 1, new section 1.11 (1A) and (1B)
insert
	(1A)	Subsection (1) (a) does not apply if the location of a part of a building or structure in an easement or proposed easement is agreed to, in writing, by—
	(a)	for an easement—
	(i)	the owner of the land benefited by the easement; or
	(ii)	the person in whose favour the easement is registered.
	(b)	for a proposed easement— 
	(i)	the person who, on registration of the easement, would be the owner of the land benefited by the easement; or
	(ii)	the person in whose favour the easement is proposed to be registered.
	(1B)	Subsection (1) (b) does not apply if the location of a part of a building or structure in a utility infrastructure access or protection space is agreed to, in writing, by the utility benefited by the utility infrastructure access or protection space.
13	Schedule 1, section 1.11 (2), definition of utility infrastructure access or protection space
omit
operator
14	Schedule 1, section 1.11 (2), definition of utility rule, new note
insert
Note	Technical codes made under the Utilities Act 2000 are accessible at www.icrc.act.gov.au.. Rules for the service and installation of electricity and water and sewerage are accessible at www.actewagl.com.au.. 
15	Schedule 1, new section 1.14 (2) and (3)
insert
	(2)	A development (other than a class 10 building or structure) must not—
	(a)	be located at a place or on an object included in the heritage register or under a heritage agreement; or
	(b)	cause any part of a building or structure (other than a 
class 10 building or structure) to be located at a place or on an object included in the heritage register or under a heritage agreement.
	(3)	In this section:
heritage agreement—see the Heritage Act 2004, section 99.
heritage register—see the Heritage Act 2004, section 20.
Note	The ACT Heritage Register is accessible at www.tams.act.gov.au. 
16	Schedule 1, section 1.15 heading
substitute
1.15	Criterion 5—compliance with lease and development approvals
17	Schedule 1, section 1.15 (1) (a)
substitute
	(a)	a condition of a development approval for a development on the block to which the relevant development relates; or
Note	A development application may be approved subject to conditions (see Act, s 162 (1) (b)). For requirements about, and examples of, conditions, see the Act, s 165.
18	Schedule 1, section 1.23, except heading
omit everything before paragraph (a), substitute
A designated development (other than a development to which section 1.22 applies) for the maintenance of a building or structure if—
19	Schedule 1, section 1.23 (a), example 2
omit
20	Schedule 1, section 1.23 (a), note 1
omit
or roofs
21	Schedule 1, section 1.23 (b) 
after
criteria
insert
, other than section 1.14 (2) (Criterion 4—heritage and tree protection), 
22	Schedule 1, section 1.30 (1) (b)
after
2 driveways
insert
across the road verge
23	Schedule 1, section 1.55 (d)
omit
24	Schedule 1, section 1.57 (1) (d)
omit
25	Schedule 1, section 1.58 (1) (d)
omit
26	Schedule 1, sections 1.55 to 1.58 (as amended)
relocate to subdivision 1.3.2.4 as sections 1.62 to 1.64A
27	Schedule 1, new subdivision 1.3.2.4 heading
after section 1.61, insert
Subdivision 1.3.2.4	Other structures
28	Schedule 1, section 1.65
substitute
1.65	Public works signs excluded—div 1.3.3
This division does not apply to the putting up, attaching or displaying of a sign that is for public works under section 1.90.
29	Schedule 1, section 1.77
omit
30	Schedule 1, section 1.78
omit everything before paragraph (a), substitute
1.78	Lease variations—subdivisions
The variation of a lease for the purpose of subdividing the land if—
31	Schedule 1, section 1.90
substitute
1.90	Public works
	(1)	A designated development for public works carried out by or for the Territory if—
	(a)	the development does not require an environmental authorisation or environmental protection agreement under the Environment Protection Act 1997; and
	(b)	the designated development complies with the general exemption criteria that are applicable to the development.
Note 1	Designated development—see s 1.2.
Note 2	Other territory laws must be complied with (see s 1.4).
Note 3	General exemption criteria—see s 1.10.
	(2)	In this section:
ancillary sporting structure—
	(a)	means a structure that is designed, or can be used, in relation to playing organised sport; but
	(b)	does not include a grandstand.
Examples
goal posts, sight screens, fencing
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).
bicycle parking facility means a structure built for parking a bicycle with a height not more than 2.4m.
landscaping means work that affects the landscape of land if the work does not involve any of the following:
	(a)	clearing an area of native vegetation of more than 0.5ha;
Note	Clearing native vegetation—see the Nature Conservation Act 1980, s 74.
	(b)	clearing a tract of a forest or arboretum.
playing field means an open space that is designed, or can be used, for playing organised sport.
Examples—playing fields
tennis court, football oval, athletics track, basketball court, cricket oval
public works means—
	(a)	installation or maintenance of street and park furniture; or
	(b)	maintenance of a road or car park; or
	(c)	construction or maintenance of a footpath, bicycle path, bicycle parking facility, walking track or other pedestrian area; or
Examples—construction or maintenance of other pedestrian area
tree planting and repaving, reconstruction of kerbs and gutters
	(d)	maintenance of stormwater drainage or a flood mitigation structure; or
Examples
stormwater canals and drains, floodways, flood gates, bank protection, earth levees, reservoirs, detention basins
	(e)	maintenance of a water quality treatment device; or
Examples
litter traps, bioretention systems, wetlands, wetponds, pollutant traps, swales, buffer strips, infiltration trenches
	(f)	installation or maintenance of an ancillary sporting structure on or beside a playing field; or
	(g)	maintenance of a playing field; or
Example
resurfacing oval with artificial grass
	(h)	bushland regeneration, landscaping, gardening, tree planting, tree maintenance, tree removal or fire fuel reduction, construction or maintenance of a fire trail; or
	(i)	construction, installation or maintenance of a water tank; or
	(j)	installation or maintenance of a temporary structure for an event.
Examples
marquee, portable toilet, stage, tent, television screen, scaffolding
street and park furniture means the conventional equipment of urban streets and parks.
Examples
1	a seat, bench, table, rubbish bin, recycling bin, barbecue, public toilet, playground equipment, gazebo, bridge, staircase, boardwalk, rotunda, stage, shade sail, water fountain, bus shelter
2	a bollard, planter box, street tree guard and root cover, guard rail, portico, awning, canopy, flagpole, pergola
3	a parking meter, parking ticket machine, street sign, parking control sign, traffic control device, telephone kiosk, streetlight, playing field light, variable messaging sign
1.90A	Public artworks
	(1)	A designated development for the installation of a public artwork if—
	(a)	the development is funded completely or partly by the Territory; and
	(b)	the public artwork will be located on territory land or land occupied by the Territory; and
	(c)	the chief executive of the administrative unit responsible for municipal services has agreed, in writing, to the location of the public artwork; and
	(d)	the public artwork has a height of not more than—
	(i)	for an artwork located adjacent to an arterial road or proposed arterial road—12m above finished ground level; or
	(ii)	in any other case—6m above finished ground level; and
	(e)	the development does not require an environmental authorisation or environmental protection agreement under the Environment Protection Act 1997; and
	(f)	the public artwork is not a habitable structure; and
	(g)	the designated development complies with the general exemption criteria, other than section 1.17 (Criterion 7—no multiple occupancy dwellings), that are applicable to the development.
Note 1	Designated development—see s 1.2.
Note 2	General exemption criteria—see s 1.10.
	(2)	In this section:
arterial road means a road with a speed limit of at least 80km/h.
Examples
limited access road, parkway, freeway
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).
public artwork means an artwork to be displayed in a place open to and accessible by the public.
Examples
sculpture, statue, structure, painting
32	Schedule 1, section 1.91
omit
33	Schedule 1, section 199M, note
substitute
Note	A water tank may also be exempt under s 1.62.
34	Schedule 1, new section 1.112
in division 1.3.7, insert
1.112	Subdivisions—Unit Titles Act 
The subdivision of land under a unit title application under the Unit Titles Act 2001.

Endnotes
1	Notification
	Notified under the Legislation Act on 12 March 2010.
2	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2010