AUSTRALIAN CAPITAL TERRITORY

LAND (PLANNING AND ENVIRONMENT) ACT 1991

LAND (PLANNING AND ENVIRONMENT) EXEMPTION 2003 (No 2)

DISALLOWABLE INSTRUMENT DI2003-309

EXPLANATORY STATEMENT

This disallowable instrument is being redetermined to correct a reference to a non-existent provision of the Land (Planning and Environment) Act 1991 in Schedule 1.  Disallowable Instrument DI2003-252 is revoked.

Subsection 226(10) of the Land (Planning and Environment) Act 1991 (the Act) provides that the Minister may exempt developments from the requirements of subsection 226(2).

Subsection 226(2) 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.