2001
THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL
TERRITORY
LAND (PLANNING AND ENVIRONMENT) ACT 2001
EXEMPTION
EXPLANATORY STATEMENT
No. 297 of 2001

Circulated by Authority of
Brendan Smyth MLA
Minister for Urban Services
Subsection 226(6) of the Land (Planning and Environment) Act 1991 (the
Act) provides that the Minister may exempt developments from the
requirements of subsection 226(1AA).
Subsection 226(1AA) states that if a development application requires
construction work to be carried out on land that has previously been
developed, and that is not leased for rural purposes, the application must be
accompanied by a survey certificate given by a registered surveyor.
This disallowable instrument made under subsection 226(7) of the Act
determines those developments that are exempt from the requirement to
provide a survey certificate with an application. They are as follows:
1. development that relates only to demolition of a building or structure;
2. development in an industrial area;
3. public works, provided that the works are not proposed to be undertaken
within 50 metres of a residential area;
4. ‘minor development’ as defined in the Act;
5. signs; and
6. installation of an attachment to a roof, provided that the attachment does
not extent beyond the footprint of the building or structure on which it is to
be installed.
Under the instrument the Minister retains the discretion, notwithstanding an
exemption, to require an application to be accompanied by a survey
certificate.