THE LEGISLATIVE ASSEMBLY FOR THE 
AUSTRALIAN CAPITAL TERRITORY

LAND (PLANNING AND ENVIRONMENT) LEGISLATION AMENDMENT BILL 2001

EXPLANATORY MEMORANDUM

Circulated by authority of 
Kerrie Tucker MLA

LAND (PLANNING AND ENVIRONMENT) LEGISLATION AMENDMENT BILL 2001

EXPLANATORY MEMORANDUM

Outline

This Bill amends the Land (Planning and Environment) Regulations 1992. It removes the current restriction on third party appeal rights on development applications for the erection or alteration of single houses that are notified to adjoining leaseholders.

Clauses

Clauses 1, 2 and 3 
are formal requirements which set out the name of the Act, commencement provisions and the name of the Act amended.

Clause 4 
inserts a transitional provision that allows the existing restrictions on third party appeal rights to continue to apply to development applications lodged before the commencement of the Act.

Clause 5 
omits item 5 of Schedule 7 of the Regulations. Schedule 7 sets out the developments where appeals by objectors are excluded. Item 5 refers to the erection, alteration or demolition of a single dwelling, where the development would not result in more than 1 dwelling being on the land. Applications relating to single dwellings that are exempt from notification under Schedule 4 are still excluded from appeal by objectors under item 1 of Schedule 7.

Clause 6
is a consequential amendment to Schedule 7 due to clause 5.