Australian Capital Territory
Land (Planning and Environment) Regulations 1992    
SL1992-5
made under the
Land (Planning and Environment) Act 1991
Republication No 15
Effective:  31 October 2004 – 31 October 2004
Republication date: 31 October 2004
Last amendment made by A2004-64
(republication for commenced expiry)

Not all amendments are in force: see last endnote

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Land (Planning and Environment) Regulations 1992, made under the Land (Planning and Environment) Act 1991 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 31 October 2004.  It also includes any amendment, repeal or expiry affecting the republished law to 31 October 2004.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Land (Planning and Environment) Regulations 1992
made under the
Land (Planning and Environment) Act 1991
    
Contents
	Page
Part 1	Preliminary
	1	Name of regulations	2
	2	Dictionary	2
	3	Meaning of words and expressions used in plan etc	2
	4	Notes	3
Part 2	Environmental assessments
	5	Content of public environment reports and environmental impact statements	4
	6	Prescribed period—Act s 121 (2)	6
	7	Prescribed criteria—Act, s 123 (7)	7
	8	Prescribed period—Act, s 129 (1)	7
	9	Prescribed period—Act, s 130 (1)	7
	10	Prescribed periods—Act, s 131 (1) and (2)	7
Part 3	Land administration
Division 3.1	Leases
	11	Prescribed period—Act, s 170 (1)	8
	12	Confidential services and special dwellings—Act, s 175 (3) (a)	8
	13	Farm tourism and other rural business (lease purpose)—Act, s 175 (3) (a)	8
	14	Heavy vehicle parking (lease purposes)—Act, s 175 (3) (b)	9
	14A	Amount of refund for surrender or termination—Act, s 178 (1)	9
Division 3.2	Variation of leases
	15	Definitions for div 3.2	9
	15A	Meaning of lease over the largest parcel of land	10
	16	Boundary variations remission—Act, s 184C (1)	10
	17	Local centre remission—Act, s 184C (1)	11
	18	Local centre declarations—lease variation	11
	19	Commissioner for housing remission—Act, s 184C (1)	12
	20	Prescribed circumstances—Act, s184C (1)	12
	21	Remission of change of use charges—Act, s 184C (1)	13
	22	Concessional lease increase—Act, s 184C (2)	14
	23	Recently commenced lease increase—Act, s 184C (2)	16
	24	Enlarged area of land increase—Act, s 184C (2)	17
	25	Service station lease increase—Act, s 184C (2)	18
	26	Variation of lease to pay out rent—prescribed leases	18
Division 3.3	Consolidation and subdivision
	27	Definitions for div 3.3	18
	27A	Meaning of lease over the largest parcel of land	19
	28	Local centre remission—Act, s 187C (1)	19
	29	Local centre declarations—consolidation and subdivision	20
	30	Commissioner for housing remission—Act, s 187C (1)	21
	31	Prescribed circumstances—Act, s 187C (1)	21
	32	Remission of change of use charges—Act, s 187C (2)	21
	33	Concessional lease increase—Act, s 187C (2)	22
	34	Recently commenced lease increase—Act, s 187C (2)	24
	35	Consolidation involving service station lease increase—Act, s 187C (2)	26
	36	Subdivision involving service station lease increase—Act, s 187C (2)	26
Part 4	Approvals and orders
Division 4.1	Approvals
	37	Prescribed period—Act, s 230 (2)	28
	38	Prescribed period—Act, s 237 (1)	29
Division 4.2	Orders
	39	Prescribed period—Act, s 254A (4)	30
Division 4.3	Exemptions from Act, pt 6
	39A	Definition of minor development—determined criteria	32
	40	Absolute exemptions from Act, pt 6	33
	41	Notification exemptions—Act, s 229 (1) and (6)	34
	42	Exclusion of appeals—general	34
	43	Exclusion of appeals by objectors and third parties—Act, s 276	35
	44	Ministerial exemptions for signs and advertising material	36
Schedule 1	Unconditional exemptions from Act, pt 6	37
Schedule 2	Exemptions from Act, pt 6 subject to authority guideline	44
Schedule 3	Exemptions from Act, pt 6 subject to implementation plans	46
Schedule 4	Notification exemptions—Act, s 229 (1) and (6)	47
Schedule 5	Notification exemptions—Act, s 229 (1) (b) and (6)	54
Schedule 6	Exclusion of appeals, general—Act, s 275	55
Schedule 7	Exclusion of appeals by objectors and third parties—Act, s 276	56
Dictionary		67
Endnotes
	1	About the endnotes	72
	2	Abbreviation key	72
	3	Legislation history	73
	4	Amendment history	79
	5	Earlier republications	88
	6	Renumbered provisions	89
	7	Uncommenced amendments	89

Australian Capital Territory
Land (Planning and Environment) Regulations 1992     

made under the
Land (Planning and Environment) Act 1991

    

  

Part 1	Preliminary 
    
1	Name of regulations
These regulations are the Land (Planning and Environment) Regulations 1992.
2	Dictionary
The dictionary at the end of these regulations is part of these regulations.
Note 1	The dictionary at the end of these regulations defines certain terms used in these regulations, and includes references (signpost definitions) to other terms defined elsewhere.
	For example, the signpost definition ‘subdivision—see the Act, section 159.’ means that the term ‘subdivision’ is defined in that section and applies to this Act.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire regulations unless the definition, or another provision of the regulations, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and 156 (1)).
3	Meaning of words and expressions used in plan etc
	(1)	Words and expressions used in the plan have the same respective meanings in these regulations.
	(2)	A reference in these regulations to an area by a land use description (for example, ‘residential area’ or ‘group centre area’) is a reference to the area subject, under the plan, to the land use policy having that description.
4	Notes
A note included in these regulations is explanatory and is not part of the regulations.
Note	See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Part 2	Environmental assessments
    
5	Content of public environment reports and environmental impact statements
For the Act, section 120 (a), the following matters are prescribed:
	(a)	a statement setting out—
	(i)	the proposal to which the public environment report or environmental impact statement relates; and
	(ii)	the objectives of the proponent in seeking the defined decision to which the proposal relates; and
	(iii)	any means known to the applicant of achieving the objectives specified under subparagraph (ii) other than means that require the defined decision; and
	(iv)	the method by which it is proposed that effect should be given to the defined decision; and
	(v)	any other methods known to the proponent by which effect could be given to the defined decision; and
	(vi)	in relation to each method of giving effect to the defined decision specified under subparagraph (iv) or (v)—
	(A)	the parts of the environment that would be affected by giving effect to the defined decision by that method; and
	(B)	any environmental standards that the proponent would adopt in giving effect to the defined decision by that method; and
	(C)	any environmental safeguards that the proponent would adopt in giving effect to the defined decision by that method; and
	(vii)	in relation to each means of achieving the objectives of the proponent in seeking the defined decision that are specified under subparagraph (iii)—
	(A)	the parts of the environment that would be affected in achieving the objectives by those means; and
	(B)	any environmental standards that the proponent would adopt in achieving the objectives by those means; and
	(C)	any environmental safeguards that the proponent would adopt in achieving the objectives by those means;
	(b)	a detailed technical assessment in relation to each method of giving effect to the defined decision specified under paragraph (a) (iv) or (v) of—
	(i)	the environmental impact of giving effect to the defined decision by that method; and
	(ii)	the effectiveness of the adoption of any environmental standards specified in relation to the method under paragraph (a) (vi) (B); and
	(iii)	the effectiveness of the adoption of any environmental safeguards specified in relation to the method under paragraph (a) (vi) (C); and
	(iv)	the consequences of not adopting any environmental standards specified in relation to the method under paragraph (a) (vi) (B) and any environmental safeguards specified in relation to the method under paragraph (a) (vi) (C);
	(c)	a detailed technical assessment in relation to each means of achieving the objectives of the proponent in seeking the defined decision that are specified under paragraph (a) (iii) of—
	(i)	the environmental impact of achieving the objectives by those means; and
	(ii)	the effectiveness of the adoption of any environmental standards specified in relation to those means under paragraph (a) (vii) (B); and
	(iii)	the effectiveness of the adoption of any environmental safeguards specified in relation to those means under paragraph (a) (vii) (C); and
	(iv)	the consequences of not adopting the environmental standards specified in relation to the means under paragraph (a) (vii) (B) and any environmental safeguards specified in relation to the means under paragraph (a) (vii) (C);
	(d)	details of the source of any information relied on, and of any consultation undertaken, in the preparation of the public environment report or environmental impact statement;
	(e)	a description of the procedure adopted for the preparation of the public environment report or environmental impact statement;
	(f)	a description of any research undertaken for the purpose of preparing the public environment report or environmental impact statement and details of any data obtained from the research in sufficient detail to permit an independent analysis of the data;
	(g)	a statement specifying the name and qualifications of each person who participated in the preparation of the substance of the report and the part of the report that each of those persons prepared or assisted in preparing.
6	Prescribed period—Act s 121 (2)
		The prescribed period is 30 business days.
7	Prescribed criteria—Act, s 123 (7)
For the Act, section 123 (7), the following criteria are prescribed in relation to a consultant specified by the Minister:
	(a)	the consultant is to hold professional qualifications relevant to the assessment to be made;
	(b)	the consultant is to have experience relevant to the assessment to be made;
	(c)	the consultant is to have experience in the preparation of environmental assessments.
8	Prescribed period—Act, s 129 (1) 
For the Act, section 129 (1), the prescribed period is 42 days.
9	Prescribed period—Act, s 130 (1)
For the Act, section 130 (1), the prescribed period is 42 days. 
10	Prescribed periods—Act, s 131 (1) and (2)
For the Act, section 131 (1) and (2), the period of 56 days is prescribed.

Part 3	Land administration
Division 3.1	Leases
11	Prescribed period—Act, s 170 (1)
For the Act, section 170 (1), the prescribed period is 28 days from the day when the person who is entitled to the grant of the lease is notified by the planning and land authority that the lease is available for execution by him or her. 
12	Confidential services and special dwellings—Act, s 175 (3) (a)
For the Act, section 175 (3) (a), developments of the following type are prescribed developments:
	(a)	the use of premises for the provision of confidential services (such as a domestic crisis service), if the Minister has, in writing, determined that it is in the public interest for the development to be so prescribed;
	(b)	the use of residential premises as a special dwelling within the meaning of the plan.
13	Farm tourism and other rural business (lease purpose)—Act, s 175 (3) (a) 
	(1)	For the Act, section 175 (3) (a), the use of land in a rural lease for farm tourism, or another rural business, is a prescribed development if the use—
	(a)	is secondary to the use of the land for the primary purpose authorised by the lease; and
	(b)	has no adverse effect on the environment in the area covered by, or adjacent to, the lease.
	(2)	In this regulation:
farm tourism means operating a craft workshop, shop, guesthouse, outdoor recreation facility, overnight camping area or other activity for tourists.
14	Heavy vehicle parking (lease purposes)—Act, s 175 (3) (b)
	(1)	The parking of a heavy vehicle on residential land in accordance with the Road Transport (Safety and Traffic Management) Regulations 2000, division 3.1.3 is a prescribed activity.
	(2)	In this regulation:
heavy vehicle—see the Road Transport (Safety and Traffic Management) Regulations 2000, dictionary.
 U 	14A	Amount of refund for surrender or termination—Act, s 178 (1)
Division 3.2	Variation of leases
15	Definitions for div 3.2
In this division:
added value, in relation to the variation of a lease, means the amount determined in accordance with the formula—
V1 — V2
where V1 and V2 have the same respective meanings in relation to the variation as in the Act, section 184A (2) and (5).
change of use charge, in relation to the variation of a lease, means the change of use charge under the Act, section 184A (1) for that variation.
consolidated lease means a lease granted in the course of a consolidation following the surrender of 2 or more previous leases.
further lease means a lease granted under the Act, section 171, section 171A or section 172 following the surrender of a previous lease over the same land.
lease, over the largest parcel of land—see regulation 15A.
regranted lease means a lease granted following the surrender of a previous lease, as referred to in the Act, section 184.
subdivided lease means a lease granted in the course of a subdivision following the surrender of 1 or more previous leases.
15A	Meaning of lease over the largest parcel of land
	(1)	This regulation applies if—
	(a)	a number of leases are surrendered in the course of a subdivision or consolidation; and
	(b)	the parcels of land over which the leases were granted are not of equal area; and
	(c)	there are 2 or more parcels of land of equal area that are larger than all the other parcels.
	(2)	In this division:
lease, over the largest parcel of land, means any of the leases over the equally large parcels mentioned in subregulation (1) (c).
16	Boundary variations remission—Act, s 184C (1)
	(1)	For the Act, section 184C (1), the planning and land authority must remit in full change of use charge for the variation of a lease if—
	(a)	the only effect of the variation would be to alter a common boundary between 2 or more adjoining leases; and
	(b)	the land comprised in each such adjoining lease is leased for the same purposes; and
	(c)	no such adjoining lease permits the use of the leased land for rural purposes, or for purposes including rural purposes. 
	(2)	If subregulation (1) applies in relation to the variation of a lease, this division does not otherwise apply in relation to the variation.
17	Local centre remission—Act, s 184C (1)
	(1)	Subject to subregulations (2) and (3), for the Act, section 184C (1), the planning and land authority must remit the in full change of use charge for the variation of a lease if—
	(a)	the lease is over land lying wholly within a local centre; and
	(b)	the planning and land authority has made a declaration in relation to that lease under regulation 18.
	(2)	If a change of use charge eligible for a remission under subregulation (1) is also subject to an increase under regulation 22 (Concessional lease increase—Act, s 184C (2)) or regulation 24 (Enlarged area of land increase—Act, s 184C (2)), the remission is to be offset by that increase.
	(3)	This regulation does not apply in relation to a variation to which regulation 25 (Service station lease increases—Act, s 184 (2)) applies.
18	Local centre declarations—lease variation
	(1)	A lessee who is applying for a variation of a lease of Territory land that lies wholly within a local centre may, for the purposes of that application, apply to the planning and land authority in writing for a declaration—
	(a)	that the local centre is no longer viable as such a centre or that it will cease to be so viable within 3 years if the lease is not varied in the way proposed in the application; and
	(b)	that the local centre is unlikely to be developed if no remissions under the Act, section 184C (1) were allowed in relation to change of use charges for variations of leases of land within the local centre.
	(2)	An application under subregulation (1) shall set out the grounds on which the applicant considers that the declaration should be made.
	(3)	On receiving an application under subregulation (1) the planning and land authority may, if satisfied that the circumstances specified in subregulation (1) (a) and (b) exist in relation to the variation of the lease, by writing make a declaration to that effect.
19	Commissioner for housing remission—Act, s 184C (1)
	(1)	Subject to subregulation (2), for the Act, section 184C (1), the planning and land authority must remit the change of use charge for the variation of a lease by an amount equal to 25% of the added value in relation to the variation if—
	(a)	the lease is held by the commissioner for housing; and
	(b)	the lease was granted to the commissioner for a term beginning on or before 16 December 1987.
	(2)	If a change of use charge eligible for a remission under subregulation (1) is also subject to an increase under regulation 24 (Enlarged area of land increase—Act, s 184C (2)), the remission is to be offset by that increase.
	(3)	This regulation does not apply in relation to the variation of a lease if regulation 17 (Local centre remission—Act, s 184C (1)) applies in relation to the variation.
20	Prescribed circumstances—Act, s184C (1)
	(1)	For the Act, section 184C (1), prescribed circumstances are that it is necessary or desirable to—
	(a)	promote development of an area; or
	(b)	change the purposes for which land or buildings, or parts of land or buildings, in an area may be used; or
	(c)	promote the construction of housing meeting good design or construction criteria; or
	(d)	promote the construction of attached houses, apartments or 2 or more detached houses on a single lot; or
	(e)	promote the construction of housing accessible to, or adaptable for, frail or disabled persons; or
	(f)	provide land for the exclusive use of community organisations; or
	(g)	assist occupiers of premises affected, or likely to be affected, by the operation of the Smoking (Prohibition in Enclosed Public Places) Act 2003, part 2 (Smoking prohibited in enclosed public places) to provide additional facilities at the premises.
	(2)	Subregulation (1) (g) applies only to an application for variation of a lease made before 1 December 2009.
	(3)	Subregulation (1) (g), subregulation (2) and this subregulation expire on 1 December 2010.
21	Remission of change of use charges—Act, s 184C (1)
	(1)	The Minister may give written policy directions for determining the remission of change of use charges under the Act, section 184C (1), for the variation of leases in circumstances prescribed by regulation 20.
	(2)	A policy direction is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(3)	If a policy direction is in effect, the planning and land authority must—
	(a)	give a remission of a change of use charge for a variation of a lease to which the direction applies; and
	(b)	apply the direction in determining the remission of change of use charge to be given for a variation of a lease to which the direction applies.
22	Concessional lease increase—Act, s 184C (2)
	(1)	The planning and land authority must increase the change of use charge for the variation of a concessional lease by an amount equal to 25% of the added value in relation to the variation.
	(2)	This regulation applies in relation to the variation of a concessional lease only if—
	(a)	the lease is to be varied to provide for a use other than a community use; and
	(b)	the lease is not a lease held by the commissioner for housing to which regulation 19 (Commissioner for housing remission—Act, s 184C (1)) applies.
	(3)	This regulation does not apply in relation to a variation of a lease if regulation 25 applies in relation to the variation.
	(4)	For this regulation, the following leases are concessional leases:
	(a)	a lease granted for a consideration less than the full market value of the lease, whether any such consideration was paid as a lump sum for the grant or is payable under the lease as rent, and in relation to which neither of the following payments have been made to the Territory:
	(i)	a capital sum or sums in relation to its grant equal to the market value of the lease at the time of the payment, or at the time of the last such payment, as the case may be;
	(ii)	a capital sum or sums to reduce the rent payable under the lease to a nominal rent under the Act, section 186;
except a further lease, a consolidated lease, a subdivided lease, a regranted lease, or a lease over land that, immediately before the grant of the lease, was owned, controlled or held by the commissioner for housing under the Housing Assistance Act 1987;
	(b)	a consolidated or subdivided concessional lease;
	(c)	a further concessional lease;
	(d)	a regranted concessional lease.
	(5)	This regulation applies in relation to the variation of a lease consisting (under the Act, section 184) of the grant of a lease following the surrender of a previous lease if the surrendered lease was a concessional lease.
	(6)	In this regulation:
consolidated or subdivided concessional lease means a lease granted in the course of a consolidation or subdivision involving the surrender of 1 or more previous leases if—
	(a)	each surrendered lease was a concessional lease; or
	(b)	if more than 1 lease was surrendered, and any (but not all) of the surrendered leases was a concessional lease—
	(i)	the surrendered leases were not over parcels of land of equal area; and
	(ii)	the surrendered lease that was over the largest parcel of land was a concessional lease.
further concessional lease means a further lease if the surrendered lease was a concessional lease.
regranted concessional lease means a regranted lease if the surrendered lease was a concessional lease.
23	Recently commenced lease increase—Act, s 184C (2)
	(1)	The planning and land authority must increase the change of use charge for the variation of a recently commenced lease by an amount equal to 25% of the added value in relation to the variation.
	(2)	For this regulation, the following leases are recently commenced leases:
	(a)	a lease (other than a further lease, a consolidated lease, a subdivided lease or a regranted lease) the term of which commenced 5 years or less before the date of the application for variation;
	(b)	a consolidated or subdivided recently commenced lease;
	(c)	a further recently commenced lease;
	(d)	a recently regranted lease.
	(3)	Subregulation (1) applies in relation to the variation of a lease consisting (under the Act, section 184) of the grant of a lease following the surrender of a previous lease if the surrendered lease was a recently commenced lease, unless the variation has the effect only of correcting an error in the surrendered lease.
	(4)	This regulation does not apply to a variation of a lease to which either of the following regulations applies:
	(a)	regulation 22 (Concessional lease increase—Act, s 184C (2));
	(b)	regulation 25 (Service station lease increase—Act, s 184C (2)).
	(5)	In this regulation:
consolidated or subdivided recently commenced lease means a lease granted in the course of a consolidation or subdivision involving the surrender of 1 or more previous leases if—
	(a)	each surrendered lease was a recently commenced lease; or
	(b)	if more than 1 lease was surrendered, and any (but not all) of the surrendered leases was a recently commenced lease—
	(i)	if the surrendered leases were not over parcels of land of equal area—the surrendered lease that was over the largest parcel of land was a recently commenced lease; or
	(ii)	if all surrendered leases were over parcels of land of equal area—any surrendered lease was a recently commenced lease.
further recently commenced lease means a further lease if the surrendered lease was a recently commenced lease.
recently regranted lease means a regranted lease if the surrendered lease was a recently commenced lease.
24	Enlarged area of land increase—Act, s 184C (2)
	(1)	This regulation applies in relation to a variation of a lease consisting (under the Act, section 184) of the grant of a lease following the surrender of a previous lease if the area of land comprised in the new lease is larger than the area of land comprised in the surrendered lease.
	(2)	If this regulation applies, for the Act, section 184C (2) the planning and land authority must increase the change of use charge for the variation by an amount equal to 25% of that part of the added value of the variation attributable to the additional part of land comprised in the new lease.
	(3)	This regulation does not apply in relation to the variation of a lease if any of the following regulations apply in relation to the variation:
	(a)	regulation 22 (Concessional lease increase—Act, s 184C (2));
	(b)	regulation 25 (Service station lease increase—Act, s 184C (2)).
25	Service station lease increase—Act, s 184C (2)
	(1)	This regulation applies in relation to the variation of a service station lease if, as a result of the variation, the lease ceases to be a service station lease.
	(2)	For the Act, section 184C (2), if this regulation applies, the planning and land authority must increase the change of use charge for the variation by an amount equal to 25% of the added value in relation to the variation.
26	Variation of lease to pay out rent—prescribed leases
For the Act, section 186 (1) (a), each of the following classes of leases is prescribed:
	(a)	leases granted for full market value payable as rent;
	(b)	leases granted, for rural purposes or for purposes that include rural purposes, for a period of not less than 21 years;
	(c)	concessional leases within the meaning of regulation 22.
Division 3.3	Consolidation and subdivision
27	Definitions for div 3.3
In this division:
added value, in relation to a consolidation or a subdivision, means the amount determined in accordance with the formula—
V1 — V2
where V1 and V2 have the same respective meanings in relation to the consolidation or subdivision as in the Act, section 187A (2).
change of use charge, in relation to a consolidation or subdivision, means the change of use charge under the Act, section 187A (1) for that consolidation or subdivision.
consolidated lease means a lease granted in the course of a consolidation following the surrender of 2 or more previous leases.
further lease means a lease granted under the Act, section 171, section 171A or section 172 following the surrender of a previous lease over the same land.
lease, over the largest parcel of land—see regulation 27A.
regranted lease means a lease granted following the surrender of a previous lease, as referred to in the Act, section 184.
subdivided lease means a lease granted in the course of a subdivision following the surrender of 1 or more previous leases.
27A	Meaning of lease over the largest parcel of land
	(1)	This regulation applies if—
	(a)	a number of leases are surrendered in the course of a subdivision or consolidation; and
	(b)	the parcels of land over which the leases were granted are not of equal area; and
	(c)	there are 2 or more parcels of land of equal area that are larger than all the other parcels.
	(2)	In this division:
lease, over the largest parcel of land, means any of the leases over the equally large parcels mentioned in subregulation (1) (c).
28	Local centre remission—Act, s 187C (1)
	(1)	Subject to subregulations (2) and (3), for the Act, section 187C (1), the planning and land authority must remit the in full change of use charge for a consolidation or subdivision if—
	(a)	each lease to be surrendered is over land wholly within a local centre; and
	(b)	the planning and land authority has made a declaration in relation to the consolidation or subdivision under regulation 29.
	(2)	If a change of use charge eligible for a remission under subregulation (1) is also subject to an increase under regulation 33 (Concessional lease increase—Act, s 187C (2)) or regulation 34 (Recently commenced lease increase—Act, s 187C (2)), the remission is to be offset by that increase.
	(3)	This regulation does not apply in relation to—
	(a)	a consolidation in relation to which regulation 35 (Consolidation involving service station lease increase—Act, s 187C (2)) applies; or
	(b)	a subdivision in relation to which regulation 36 (Subdivision involving service station lease increase—Act, s 187C (2)) applies. 
29	Local centre declarations—consolidation and subdivision
	(1)	A lessee who is applying for a consolidation or subdivision of leases over land within a local centre may, for the purposes of that application, apply to the planning and land authority in writing for a declaration—
	(a)	that the local centre is no longer viable as such a centre or that it will cease to be so viable within 3 years if the consolidation or subdivision is not effected in the way proposed in the application; and
	(b)	that the local centre is unlikely to be developed if no remissions under the Act, section 187C (1) are allowed in relation to change of use charges for the consolidation or subdivision of leases over land within the local centre.
	(2)	An application under subregulation (1) shall set out the grounds on which the applicant considers that the declaration should be made.
	(3)	On receiving an application under subregulation (1) the planning and land authority may, if satisfied that the circumstances specified in subregulation (1) (a) and (b) exist in relation to the consolidation or subdivision, by writing make a declaration to that effect.
30	Commissioner for housing remission—Act, s 187C (1)
	(1)	For the Act, section 187C (1), the planning and land authority must remit a change of use charge for a consolidation or subdivision by an amount equal to 25% of the added value in relation to the consolidation or subdivision if—
	(a)	each lease to be surrendered is held by the commissioner for housing; and
	(b)	each lease to be surrendered was granted to the commissioner for a term beginning on or before 16 December 1987.
	(2)	This regulation does not apply in relation to a consolidation or subdivision if regulation 28 (Local centre remission—Act, s 187C (1)) applies in relation to the consolidation or subdivision.
31	Prescribed circumstances—Act, s 187C (1)
For the Act, section 187C (1), prescribed circumstances are that it is necessary or desirable to—
	(a)	promote development in an area; or
	(b)	change the purposes for which land may be used.
32	Remission of change of use charges—Act, s 187C (2)
	(1)	The Minister may give written policy directions for determining the remission of change of use charges under the Act, section 187C (1), for consolidations or subdivisions of leases in circumstances prescribed by regulation 31.
	(2)	A policy direction is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(3)	If a policy direction is in effect, the planning and land authority must—
	(a)	give a remission of a change of use charge for a consolidation or subdivision of leases to which the direction applies; and
	(b)	apply the direction in determining the remission of change of use charge to be given for a consolidation or subdivision of leases to which the direction applies.
33	Concessional lease increase—Act, s 187C (2)
	(1)	This regulation applies in relation to a consolidation or subdivision if any of the leases to be surrendered in the course of the consolidation or subdivision is a concessional lease.
	(2)	For the Act, section 187C (2), the planning and land authority must increase the change of use charge for a consolidation or subdivision to which this regulation applies by an amount equal to 25% of that part of the added value in relation to the consolidation or subdivision that is attributable to the surrender of the concessional lease or leases in the course of the consolidation or subdivision.
	(3)	This regulation applies in relation to a consolidation or subdivision only if a lease is to be granted in the course of the consolidation or subdivision for a use other than a community use.
	(4)	For this regulation, subject to subregulation (5), the following leases are concessional leases:
	(a)	a lease granted for a consideration less than the full market value of the lease, whether any such consideration was paid as a lump sum for the grant or is payable under the lease as rent, and in relation to which neither of the following payments have been made to the Territory:
	(i)	a capital sum or sums in relation to its grant equal to the market value of the lease at the time of the payment, or at the time of the last such payment, as the case may be;
	(ii)	a capital sum or sums to reduce the rent payable under the lease to a nominal rent under the Act, section 186;
except a further lease, a consolidated lease, a subdivided lease, a regranted lease, or a lease over land that, immediately before the grant of the lease, was owned, controlled or held by the commissioner for housing under the Housing Assistance Act 1987;
	(b)	a consolidated or subdivided concessional lease;
	(c)	a further concessional lease;
	(d)	a regranted concessional lease.
	(5)	For this regulation, a lease held by the commissioner for housing to which regulation 30 (Commissioner for housing remission—Act, s 187C (1)) applies is not a concessional lease.
	(6)	This regulation does not apply in relation to a consolidation or subdivision if—
	(a)	regulation 34 (Recently commenced lease increase—Act, s 187C (2)) applies in relation to the consolidation or subdivision; and
	(b)	the amount of the increase in the change of use charge otherwise payable under this regulation is less than the amount of such an increase payable under regulation 34.
	(7)	This regulation does not apply if—
	(a)	in relation to a consolidation—regulation 35 (Consolidation involving service station lease increase—Act, s 187C (2)) applies; and
	(b)	in relation to a subdivision—regulation 36 (Subdivision involving service station lease increase—Act, s 187C (2)) applies.
	(8)	In this regulation:
consolidated or subdivided concessional lease means a lease granted in the course of a consolidation or subdivision involving the surrender of 1 or more previous leases if—
	(a)	each surrendered lease was a concessional lease; or
	(b)	if more than 1 lease was surrendered, and any (but not all) of the surrendered leases was a concessional lease—
	(i)	the surrendered leases were not over parcels of land of equal area; and
	(ii)	the surrendered lease that was over the largest parcel of land was a concessional lease.
further concessional lease means a further lease if the surrendered lease was a concessional lease.
regranted concessional lease means a regranted lease if the surrendered lease was a concessional lease.
34	Recently commenced lease increase—Act, s 187C (2)
	(1)	This regulation applies in relation to a consolidation or subdivision where any of the leases to be surrendered is a recently commenced lease.
	(2)	For the Act, section 187C (2), the planning and land authority must increase the change of use charge for a consolidation or subdivision to which this regulation applies by an amount equal to 25% of that part of the added value in relation to the consolidation or subdivision that is attributable to the surrender of the recently granted lease or leases in the course of the consolidation or subdivision.
	(3)	For this regulation, the following leases are recently commenced leases:
	(a)	a lease (other than a further lease, a consolidated lease, a subdivided lease, or a regranted lease) the term of which commenced 5 years or less before the date of the application for consolidation or subdivision;
	(b)	a further recently commenced lease;
	(c)	a consolidated or subdivided recently commenced lease;
	(d)	a recently regranted lease.
	(4)	This regulation does not apply in relation to a consolidation or subdivision if—
	(a)	regulation 33 (Concessional lease increase—Act, s 187C (2)) applies in relation to the consolidation or subdivision; and
	(b)	the amount of the increase in the change of use charge otherwise payable under this regulation is less than or equal to the amount of such an increase payable under regulation 33.
	(5)	This regulation does not apply if—
	(a)	in relation to a consolidation—regulation 35 (Consolidation involving service station lease increase—Act, s 187C (2)) applies; and
	(b)	in relation to a subdivision—regulation 36 (Subdivision involving service station lease increase—Act, s 187C (2)) applies.
	(6)	In this regulation:
consolidated or subdivided recently commenced lease means a lease granted in the course of a consolidation or subdivision involving the surrender of 1 or more previous leases if—
	(a)	each surrendered lease was a recently commenced lease; or
	(b)	if more than 1 lease was surrendered, and any (but not all) of the surrendered leases was a recently commenced lease—
	(i)	if the surrendered leases were not over parcels of land of equal area—the surrendered lease that was over the largest parcel of land was a recently commenced lease; or
	(ii)	if all surrendered leases were over parcels of land of equal area—any surrendered lease was a recently commenced lease.
further recently commenced lease means a further lease if the surrendered or expired lease was a recently commenced lease.
recently regranted lease means a regranted lease if the surrendered lease was a recently commenced lease.
35	Consolidation involving service station lease increase—Act, s 187C (2)
	(1)	This regulation applies in relation to a consolidation if—
	(a)	at least 1 of the leases to be surrendered is a service station lease; and
	(b)	the consolidated lease is not or, if 2 or more consolidated leases are granted, neither or none of the consolidated leases is, a service station lease.
	(2)	For the Act, section 187C (2), the planning and land authority must increase the change of use charge for a consolidation in relation to which this regulation applies by an amount equal to 25% of that part of the added value in relation to the consolidation that is attributable to the surrendered service station lease or leases.
36	Subdivision involving service station lease increase—Act, s 187C (2)
	(1)	This regulation applies in relation to a subdivision if—
	(a)	the lease to be surrendered or, if more than 1 lease is to be surrendered, at least 1 of the leases to be surrendered, is a service station lease; and
	(b)	at least 1 of the subdivided leases is not a service station lease.
	(2)	For the Act, section 187C (2), the planning and land authority must increase the change of use charge for a subdivision to which this regulation applies by—
	(a)	if no subdivided lease is a service station lease—an amount equal to 25% of the added value of the subdivision that is attributable to the surrendered service station lease or leases; or
	(b)	if at least 1 of the subdivided leases is a service station lease—an amount equal to 25% of the added value of the subdivision that is attributable to that part of the surrendered service station lease or leases that is represented by a subdivided lease that is not a service station lease.

Part 4	Approvals and orders
Division 4.1	Approvals
37	Prescribed period—Act, s 230 (2)
	(1)	The prescribed period for the Act, section 230 (2) in relation to an application to undertake a development is—
	(a)	30 working days after the date of the application; and
	(b)	if an objection is made under the Act, section 237 within 30 working days after the date of the application—45 working days after the date of the application; and
	(c)	if the period referred to in paragraph (a) or (b) is extended under this regulation—the extended period.
	(2)	If the applicant is directed to prepare a preliminary assessment under the Act, section 113 in relation to the application, the initial period is extended by a period of the same length as the period beginning on the day when the direction is given and ending 42 days after the day when the applicant submits the preliminary assessment to the Environment Minister.
	(3)	If an assessment is directed under the Act, section 121 in relation to the application, the initial period, as extended under subregulation (2), is further extended by a period of the same length as the period commencing on the day on which the assessment is directed and ending on the day on which the report under the Act, section 131 is completed.
	(4)	If a panel is established to conduct an inquiry in relation to the application, the initial period, as extended (if at all) pursuant to subregulation (2) or (3), is extended, or further extended, by a period of the same length as the period beginning on the day when the panel is established and ending on the day when the panel’s report is presented to the Legislative Assembly under the Act, section 141 (1).
	(5)	The relevant authority may extend, or further extend, the initial period, as extended (if at all) under subregulation (2), (3) or (4), on the written application of the applicant before the end of that period, or of the latest extended period, as the case may be.
	(6)	In this regulation:
initial period, in relation to an application, means the period referred to in subregulation (1) (a) or (b), as the case requires.
38	Prescribed period—Act, s 237 (1)
For the Act, section 237 (1), the prescribed period in relation to an application for development is—
	(a)	15 business days beginning on the date of publication of notice of the application in a daily newspaper under the Act, section 229 (1) (b); or
	(b)	if the Act, section 229 (1) (b) and (6) do not apply in relation to the development (under regulation 41 (2))—10 business days after the latest notice of the application was given under the Act, section 229 (1) (a); or
	(c)	if the Act, section 229 (1) (a) and (b) and (6) do not apply in relation to the development (under regulation 41 (1))—the period beginning on the day the application is made and ending at the end of the day before the day the application is approved or refused.
Division 4.2	Orders 
39	Prescribed period—Act, s 254A (4)
	(1)	The prescribed period is—
	(a)	if—
	(i)	an application is made under the Act, section 254 (1) for an order in relation to an activity referred to in the Act, schedule 5, item 1, 5 or 6; and
	(ii)	application had previously been made under the Act, section 230 for approval to conduct the activity in relation to which the order is sought, being an application that the relevant authority had not approved or refused to approve before the making of the application under the Act, section 254 (1); and
	(iii)	the relevant authority approves the application under the Act, section 226; 
21 days beginning on the day the approval of the application under the Act, section 226 takes effect; or
	(b)	if—
	(i)	an application is made under the Act, section 254 (1) for an order in relation to an activity referred to in the Act, schedule 5, item 1, 5 or 6; and
	(ii)	application is made under the Act, section 226 for approval to conduct the activity in relation to which the order is sought, being an application made within the period of 21 days beginning on the day when the relevant authority receives the application under the Act, section 254 (1); and
	(iii)	the relevant authority approves the application under the Act, section 226;
21 days beginning on the day the approval of the application under the Act, section 226 takes effect; or
	(c)	if—
	(i)	an application is made under the Act, section 254 (1) for an order in relation to an activity referred to in the Act, schedule 5, item 1, 5 or 6; and
	(ii)	application had previously been made under the Act, section 226 for approval to conduct the activity in relation to which the order is sought, being an application that the relevant authority had not approved or refused to approve before the making of the application under the Act, section 254 (1); and
	(iii)	the relevant authority refuses to approve the application under the Act, section 226 or is to be taken to have refused the application;
21 days beginning on—
	(iv)	the day when the relevant authority notifies the applicant for approval under the Act, section 226 of his or her refusal to approve the application; or
	(v)	the first day when the relevant authority is to be taken to have refused the application;
as the case requires; or
	(d)	if—
	(i)	an application is made under the Act, section 254 (1) for an order in relation to an activity referred to in the Act, schedule 5, item 1, 5 or 6; and
	(ii)	application is made under the Act, section 226 for approval to conduct the activity in relation to which the order is sought, being an application made within the period of 21 days beginning on the day when the relevant authority receives the application under the Act, section 254 (1); and
	(iii)	the relevant authority refuses to approve the application under the Act, section 226 or is to be taken to have refused the application;
21 days beginning on—
	(iv)	the day when the relevant authority notifies the applicant for approval under the Act, section 226 of his or her refusal to approve the application; or
	(v)	the first day when the relevant authority is to be taken to have refused the application;
as the case requires; or
	(e)	in any other case—21 days beginning on the day when the Minister receives the application under the Act, section 254 (1).
	(2)	In the application of subregulation (1) to an application under the Act, section 254 (1) for an order in relation to a development referred to in the Act, schedule 5, item 6, a reference to an application for approval to conduct the development in relation to which the order is sought is to be read as a reference to an application for retrospective approval in relation to a development that was undertaken without approval, as referred to in the Act, section 226 (9).
Division 4.3	Exemptions from Act, pt 6
39A	Definition of minor development—determined criteria
	(1)	The Minister may, in writing, determine criteria for the dictionary, definition of minor development, paragraph (h).
	(2)	A determination is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
 U 	40	Absolute exemptions from Act, pt 6
	(1)	The Act, part 6 does not apply to a development listed in schedule 1.
	(2)	The Act, part 6 does not apply to a development listed in schedule 2 if the development (as proposed) is consistent with a guideline or standard adopted by the authority for this subregulation, being a guideline or standard that relates to such a development.
	(3)	The Act, part 6 does not apply to a development listed in schedule 3 if the development is consistent with an approved implementation plan under the Buildings (Design and Siting) Act 1964.
	(4)	Subregulations (1), (2) and (3) do not apply in relation to a development, other than the development listed at schedule 1, item 1, if—
	(a)	the development is part of, or is carried out in association with, a development to which the Act, part 6 applies; or
	(b)	the development would be inconsistent with a requirement stated in the heritage places register, or an interim heritage places register, for the conservation of the heritage significance of the place; or
	(c)	the development would be inconsistent with a condition of an approval, a provision of a lease or an agreement collateral to the grant of a lease.
	(5)	The Act, part 6 does not apply to—
	(a)	the construction, alteration or demolition of a public road in a designated area; or
	(b)	any works in a designated area related to the construction, alteration or demolition of a public road; or
	(c)	any other development in a designated area that requires approval under the Commonwealth Act, section 12 (Works in Designated Areas to be subject to Plan and approval by the Authority).
	(6)	In subregulation (5):
Commonwealth Act means the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth)
designated area—see the Commonwealth Act, section 4, definition of Designated Area.
works—see the Commonwealth Act, section 4.
41	Notification exemptions—Act, s 229 (1) and (6)
	(1)	A development listed in schedule 4 is exempt from the application of the Act, section 229 (1) and (6).
	(2)	A development listed in schedule 5 is exempt from the application of the Act, section 229 (1) (b) and 229 (6).
42	Exclusion of appeals—general
	(1)	The Act, section 275 does not apply in relation to a decision of the relevant authority about a development listed in schedule 6.
	(2)	If a decision of the relevant authority relates to more than 1 development, subregulation (1) excludes from the application of the Act, section 275 only that aspect of the decision that concerns any development listed in schedule 6.
	(3)	The Act, section 275 does not apply to a decision by the relevant authority in relation to the construction of the Gungahlin Drive extension.
	(4)	In subregulation (3):
Gungahlin Drive extension means the road proposed to run from the Barton Highway to the Glenloch Interchange, substantially as shown in the plans mentioned in the following reports (which are available for public inspection at the offices of the administrative unit responsible for road services):
	(a)	Gungahlin Drive Extension Document Readiness Report, February 2004 Package A, Project No US 01176C-01, plan numbers 32416A-PP-061, 062, 063, 064, 065 and 066;
	(b)	Gungahlin Drive Extension Document Readiness Report, February 2004 Package B, Project No US 01176C-02, plan numbers 32416B-PP-061 and 062.
Note 1	The plans are available for public inspection at Roads ACT, level 7, Macarthur House, 12 Wattle Street, Lyneham ACT 2602.
Note 2	The plans are also available for public inspection at www.gde.act.gov.au/download/alignment_details.htm.
	(5)	Subregulations (3) and (4) and this subregulation expire 5 years after the day they commence.
43	Exclusion of appeals by objectors and third parties—Act, s 276
	(1)	The Act, section 276 does not apply in relation to a decision of the relevant authority about a development listed in schedule 7.
	(2)	If a decision of the relevant authority relates to more than 1 development, subregulation (1) excludes from the application of the Act, section 276 only that aspect of the decision that concerns any development listed in schedule 7.
	(3)	The Act, section 276 does not apply to a decision by the relevant authority in relation to the construction of the Gungahlin Drive extension.
	(4)	In subregulation (3):
Gungahlin Drive extension—see regulation 42 (4).
	(5)	Subregulations (3) and (4) and this subregulation expire 5 years after the day they commence.
44	Ministerial exemptions for signs and advertising material
For the Act, section 282 (2), the Minister may exempt from the Act, part 6 or any provision of that part a development that consists of the erection, fixing or displaying of a sign or advertising material on land, otherwise than in accordance with a right to do so expressly given by a current licence granted under the Act or a current lease.
Note	An exemption under this regulation is a disallowable instrument (see the Land (Planning and Environment Act 1991, s 282 (2)).

Schedule 1	Unconditional exemptions from Act, pt 6

(see reg 40 (1)) 

column 1
item	column 2
exemption	
1	A development carried out by or on behalf of the Territory in an emergency to protect the health or safety of the public, or for the protection of public property.	
2	Internal alteration of a building, if—
	(a)	for a residential building—the alteration would not increase the number of dwellings within the building; and
	(b)	for a commercial building—the alteration would not increase the building’s gross floor area; and
	(c)	in any case—the alteration would not result in the building’s being classified differently under the classification scheme set out in the building code.	
3	Construction, alteration or demolition of a building or structure, or the carrying out of earthworks, landscaping or other construction work, if—
	(a)	the development is to be undertaken on Territory land leased for rural purposes, or for purposes including rural purposes; and
	(b)	the development is a minor development; and
	(c)	the development is reasonably connected with those rural purposes; and

	(d)	the development does not require a licence or permit under the Water Resources Act 1998, an authorisation under the Environment Protection Act 1997 or an approval under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth); and
	(e)	the development will not result in the substantial clearing of 0.5ha or more of native vegetation; and
	(f)	the development is not contrary to a land management agreement under the Act, section 186C.	
4	Variation of a lease under a provision of the lease to effect the withdrawal by the planning and land authority of part of the land over which the lease was granted.	
5	Variation of a lease to effect a subdivision, if—
	(a)	each lease to be surrendered was granted for purposes including development and subdivision; and
	(b)	the land over which each lease was granted has been developed in accordance with the lease.	
6	Surrender of a rural lease and the granting of a new rural lease over the whole of the land comprised in the surrendered lease and additional land.	
7	Consolidation of rural leases.
Note	The Act, s 186H and s 187 impose limitations on the consolidation of rural leases.	
8	A development solely undertaken for the purposes of the maintenance of a building or structure.	
9	Carrying out work that would affect the landscape of land leased for residential purposes only.	
10	Works relating to footpaths within a road reserve or pathway reserve.	
11	Surfacing a road, cycleway or carpark.	
12	Works relating to traffic management devices used for pedestrian or vehicle control, including the following devices:
	(a)	signs;
	(b)	lines;
	(c)	traffic signals.	
13	Minor flood mitigation measures.	
14	Playground developments or improvements by or on behalf of the Territory.	
15	Erection, alteration or demolition of fences and freestanding walls, being fences and walls that do not exceed 1.8m in height and are located behind the building line.	
16	Erection or alteration of an exempt building or structure (other than a structure mentioned in item 28) if, on completion of the development—
	(a)	no part of the building or structure would be between a front boundary and a building line; and

	(b)	the building or structure has no metal roofing or walling that is untreated, pre-coloured or painted white or off-white; and
	(c)	if the building or structure is a class 10 structure under the building code—it is the only such structure on the boundary of the leased land where it is erected.	
17	Demolition of an exempt building or structure.	
18	Changing the external material or finish of a building if the change would not significantly affect the appearance of the building.	
19	Variation of roof pitch if the variation is not greater than 2o.	
20	Installation of a chimney, flue or vent extending not more than 1.5m above the surface of a roof.	
21	Resiting a building in relation to which approval has been given under the Act or under the Buildings (Design and Siting) Act 1964 by not more than 150mm horizontally, except if the approval requires that the building be built adjacent to a boundary.	
22	Installation of an external switchboard.	
23	Installation of external security lighting if the installation is a minor development.	
24	Installation or removal of electricity, water, gas, communications or similar services, other than reticulated services or trunk supply services.	
25	Installation or removal of drainage services other than reticulated services or trunk drainage services.	
26	Erection or installation of a temporary, portable or demountable building or structure for a specific event or project, if the building or structure is to be removed at the end of a period of 6 months, or any further period approved by the planning and land authority in writing.	
27	External repainting of a dwelling.	
28	A development in relation to an external deck, external stairs, an external landing or a retaining wall, being a deck, stairs, landing or wall not more than 0.4m in height.	
29	A development in relation to a letterbox not exceeding, or that is not to exceed, 2m2 in area or 1.8m in height.	
30	The planting or harvesting of plantation trees within a plantation area for the purposes of plantation forestry within the meaning of the plan.	
32	Variation of a lease solely to permit a development mentioned in another item of this schedule.	
33	Placing or displaying a movable sign in a public place.	
34	Installation or alteration of a satellite dish that is for receiving purposes only on a building in a residential area if, as installed or altered—

	(a)	the face of the dish would be capable of being contained within a circle 0.65m in diameter; and
	(b)	no part of the dish or its supporting structure would project above the roof ridge line of any adjacent area of roof that is a pitched roof; and
	(c)	the dish and its supporting structure would be colour-matched to its background and have a matt finish; and
	(d)	the dish and its supporting structure would not be visible from the public street adjacent to the front boundary of the block of land where the building is situated; and
	(e)	the dish and its supporting structure would—
	(i)	not be visible from a block of leased Territory land adjacent to the block where the building is situated; or
	(ii)	be not less than 4m from the boundary of any block of leased Territory land adjacent to the block where the building is situated.	
35	Installation or alteration of a satellite dish that is for receiving purposes only on a building that is not in a residential area if, as installed or altered—
	(a)	the face of the dish would be capable of being contained within a circle 1.5m in diameter; and
	(b)	the dish and its supporting structure would be colour-matched to its background and have a matt finish; and
	(c)	the dish and its supporting structure would not be conspicuous from an adjacent residential area.	
36	Installation or alteration of a microwave antenna that is for receiving purposes only on a building if, as installed or altered—
	(a)	the face of the dish of the antenna would be capable of being contained within a circle 0.65m in diameter; and
	(b)	the antenna and its supporting structure would be—
	(i)	not more than 1m high; and
	(ii)	colour-matched to its background and have a matt finish.	
37	Removal of a satellite dish or microwave antenna referred to in item 32, item 33 or item 34 from a building.	

Schedule 2	Exemptions from Act, pt 6 subject to authority guideline

(see reg 40 (2))

column 1
item	column 2
exemption	
1	Installation or removal of a bus stop (including a marker, pad or seat) within a road corridor.	
2	Erection or removal of a bus shelter (other than in the Civic Centre area, a Town Centre area or a Group Centre area).	
3	Installation or removal of lighting for parking or in a public area.	
4	Tree and shrub planting or removal on unleased Territory land by or on behalf of the Territory.	
5	Minor landscape works other than works carried out in the Civic Centre area, a Town Centre area or a Group Centre area.	
7	Erection or removal of lighting columns.	
8	Installation on or removal from unleased Territory land of street furniture, including the following:
	(a)	fixed benches;
	(b)	fixed garbage bins;
	(c)	recycling bins;
	(d)	parking meters;
	(e)	streetlights;
	(f)	street signs;

	(g)	guardrails and protective rails;
	(h)	planter boxes.	
9	Installation or removal of reticulated services.	
10	Installation, alteration or removal of an externally mounted photovoltaic panel.	
11	Installation, alteration or removal of an externally mounted solar water heater.	
12	Installation, alteration or removal of an externally mounted airconditioning unit.	

Schedule 3	Exemptions from Act, pt 6 subject to implementation plans

(see reg 40 (3))

column 1
item	column 2
exemption	
1	Erection or removal of a bus shelter.	
2	Construction, modification or removal of a pathway through unleased Territory land.	
3	Minor landscape works other than works carried out in the Civic Centre Area, a Town Centre Area or a Group Centre Area.	
4	Installation or removal of reticulated services.	

Schedule 4	Notification exemptions—Act, s 229 (1) and (6)

(see reg 41 (1))

column 1
item	column 2
exemption	
1	Variation of a lease to reduce the rent payable under the lease to a nominal rent.	
2	Development related to the proposed use of premises for confidential services (such as a domestic violence crisis service), if the Minister has made a determination in relation to those premises under regulation 12 (a).	
3	Development related to the proposed use of residential premises as a special dwelling.	
4	Consolidation.	
5	Variation of a lease if the whole of the land comprised in the lease is identified in the plan for the Act, subdivision 2.3.4.	
6	Variation of a lease if the lease, as varied, would permit (or would continue to permit) the use of the land for rural purposes, or for purposes including rural purposes, if—
	(a)	the sole effect of the variation would be to omit a provision relating to the withdrawal of land by the Territory; or
	(b)	if the variation is to consist of the surrender of an existing lease and the grant of a new lease, as referred to in the Act, section 223 (2)—the differences between the existing lease and the

proposed new lease are limited to any of the following:
	(i)	the omission of a provision in the existing lease relating to the withdrawal of land by the Territory;
	(ii)	the date of commencement;
	(iii)	the proposed new lease being expressed to terminate on a day before that of the existing lease.	
7	Use of land for a home business, if—
	(a)	the land is leased for residential purposes only; and
	(b)	such use by the applicant is currently approved under the Act, part 6; and
	(c)	no complaints about that use have been received by the planning and land authority within the 12 months before the application.	
8	A minor development in relation to land within a residential area, if the planning and land authority has reasonable grounds for considering that the enjoyment of any adjoining land would not be detrimentally affected by the development.	
9	A minor development in relation to land other than within a residential area.	
10	The erection or alteration of 1 or more dwellings, or of buildings or structures associated with 1 or more dwellings, on land within a residential area, if—

	(a)	if the land has not previously been developed—
	(i)	the development would consist of the erection of no more than 1 dwelling, and of any associated buildings or structures; or
	(ii)	if a multi-unit development is applied for—at the time of the application, the lease permits a development of the type applied for, or the lease was granted expressly for development and subdivision; and
	(b)	if the land has previously been developed—the development would not result in an increase in the number of dwellings on the land; and
	(c)	the area of the parcel of land is not more than 450m2 and no setback is required by the Territory plan for the dwelling, building or structure in relation to 1 side boundary only; and
	(d)	if the area of the land is more than 450m2, the setback of the dwelling, building or structure, as proposed to be erected or altered, would be no less than—
	(i)	in relation to the front boundary setback—
	(A)	6m from any front boundary; or
	(B)	if the land has not previously been developed for urban purposes, and approval for the subdivision of the land had been given after 18 October 1993 (being an approval within the

meaning of the plan, appendix 3.1, paragraph D2.1)—4m from any front boundary; and
	(ii)	3m from any rear boundary; and
	(iii)	1.5m from any side boundary, except if the development is a multi-unit development; and
	(iv)	if the development is a multi-unit development—3m from any side boundary; and	
		(e)	if the land has previously been developed—the development would not result in an increase of more than 75m2 in the total of the following:
	(i)	the gross floor area of all buildings and structures on the land, except for buildings or structures not enclosed by means of walls and a roof;
	(ii)	for buildings and structures not enclosed by means of walls and a roof—the plan area of each such building and structure;	 and
	(f)	the development would not result in—
	(i)	the erection of any building on the land having more than 1 storey; or
	(ii)	the erection of any building or structure on the land having a height exceeding 6.5m; and
	(g)	the development would not result in—

	(i)	the alteration of any building on the land at the time of the application to add 1 or more storeys; or
	(ii)	the alteration of any building or structure on the land at the time of the application to increase its height, except if the height would be increased to 6.5m or less; or
	(iii)	the alteration of any building on the land at the time of the application by the construction of an extension having more than 1 storey; or
	(iv)	the alteration of any building or structure on the land at the time of the application by the construction of an extension having a height exceeding 6.5m.	
11	Demolition of a building or structure in connection with the erection or alteration of a building or structure, if the erection or alteration is listed elsewhere in this schedule.	
12	Development by or on behalf of the Territory on land identified in the plan for the Act, subdivision 2.3.4 consisting of the erection, alteration or demolition of a building or structure, or the carrying out of earthworks or other construction work that would affect the landscape of the land.	
13	Development by or on behalf of the Territory consistent with—
	(a)	an approved implementation plan under the Buildings (Design and Siting) Act 1964; or

	(b)	a draft implementation plan under the Buildings (Design and Siting) Act 1964 that, as at 24 June 1997, had been neither approved nor rejected by the Minister.	
14	Development on land in an industrial area consisting of the erection, fixing or display of a sign or advertising material on the land, or on a structure or building on the land.	
15	Construction, alteration or demolition of a public road or a car park within a road reserve.	
16	Construction, alteration, removal or demolition of a floodway, sewerage or drainage works, a public road, a car park or utilities work on unleased Territory land or on land subject to a lease granted for purposes that include subdivision and development if—
	(a)	no direction that an assessment be made of the relevant proposal has been given under the Act, section 121 (1); or
	(b)	if an assessment has been submitted to the Environment Minister—any conditions recommended by the Minister under the Act, section 131 (3) (d) have been complied with.	
17	Construction, alteration or removal of trunk supply services, a building or structure for railway use, or a distribution reservoir, major electrical substation, major pump station, power generation station, treatment plant or water storage dam, if—

	(a)	no direction that an assessment be made of the relevant proposal has been given under the Act, section 121 (1); or
	(b)	if an assessment has been submitted to the Environment Minister—any conditions recommended by the Minister under the Act, section 131 (3) (d) have been complied with.	
18	Installation, alteration or removal of reticulated services on unleased Territory land or land subject to a lease granted for purposes that include subdivision and development.	
19	A development that is required by a lease and development condition.	
20	Amendment of a schedule of unit entitlement under the Unit Titles Act 2001.	
21	Variation of a lease solely to permit a development mentioned in another item of this schedule.	
22	A minor development to vary a lease only to incorporate into the lease an encroachment onto, over or under unleased Territory land from the lease.	

Schedule 5	Notification exemptions—Act, s 229 (1) (b) and (6)

(see reg 41 (2))

column 1
item	column 2
exemption	
1	Erection, alteration or demolition of a single dwelling, if the development would not result in more than 1 dwelling being on the land.	
2	Demolition of a building or structure in connection with an erection or alteration of a building or structure, being an erection or alteration listed in item 1.	
3	Erection, alteration or demolition of a structure that is a class 10 structure within the meaning of the building code.	
4	Variation of a lease solely to permit a development mentioned in another item of this schedule.	
5	Installation, alteration or removal of an externally mounted photovoltaic panel.	
6	Installation, alteration or removal of an externally mounted solar water heater. 	
7	Installation, alteration or removal of an externally mounted airconditioning unit.	

Schedule 6	Exclusion of appeals, general—Act, s 275

(see reg 42)

column 1
item	column 2
exclusion	
1	A development in relation to an encroachment onto, over or under unleased Territory land. 	
2	A development if the application for the development is decided by the Minister after consideration under the Act, section 229B.	
3	Variation of a lease to increase the area of land comprised in the lease.	
4	A development on unleased Territory land.	

Schedule 7	Exclusion of appeals by objectors and third parties—Act, s 276
(see reg 43)

column 1
item	column 2
exclusion	
1	A development listed in schedule 4.	
2	A development if the application for the development is approved by the Minister after consideration under the Act, section 229B, whether or not a condition is included in the approval	
3	Erection, fixing or display of a sign or advertising material on the land, or on a structure or building on the land.	
4	A minor development consisting of the carrying out of earthworks, or other construction work that would affect the landscape of the land.	
5	Erection, alteration or demolition of a single dwelling, if the development would not result in more than 1 dwelling being on the land.	
6	Erection, alteration or demolition of a structure that is a class 10 structure within the meaning of the building code.	
7	Development on land within an industrial area or a municipal services area if—
	(a)	the land would, if the development is approved, be no less than 50m away from any residential area at its nearest point; and

	(b)	the development would not result in any of the following uses of the land being permitted:
	(i)	hazardous industry;
	(ii)	hazardous waste industry;
	(iii)	incineration facility;
	(iv)	land fill;
	(v)	liquid fuel depot;
	(vi)	offensive industry;
	(c)	the development would not increase the gross floor area of any buildings on the land beyond a plot ratio of 1:1, calculated by reference to the area of the land as at the time of the application; and
	(d)	the development does not consist of—
	(i)	the erection of a building or structure on the land with a height greater than 10m; or
	(ii)	the alteration of any building or structure on the land at the time of the application so as to increase its height, if that height would exceed 10m after the alteration.	
8	Development on land within a commercial area if—
	(a)	the land would, if the development is approved, be no less than 50m away from any residential area at its nearest point; and

	(b)	if the land has been previously developed—the development would not increase the total gross floor area of all buildings on the land by more than 50%; and
	(c)	if at the time of the application the lease permits a community use, or a use including a community use—the development would not have the effect of prohibiting a community use of the land; and
	(d)	the development would not have the effect of permitting the use of the land for a corrections facility; and
	(e)	if the land is within a commercial ‘E’ (corridors and office sites) area—
	(i)	if there is no building or structure on the land at the time of the application that has more than 4 storeys—the development would not result in any building or structure on the land having more than 4 storeys; and
	(ii)	if there is a building or structure on the land at the time of the application that has more than 4 storeys—the development would not result in any increase in the height of such a building or structure, or in any other building or structure on the land having more than 4 storeys; and
	(iii)	if the land is within a corridor precinct specified in part B2E of the plan—the development would result in the setback of any proposed new building being no less than 10m from the front boundary; and
	(f)	if the land is within a Group Centre area if—
	(i)	if there is no building or structure on the land at the time of the application that has more than 2 storeys—the development would not result in any building or structure on the land having more than 2 storeys; and
	(ii)	if there is a building or structure on the land at the time of the application that has more than 2 storeys—the development would not result in any increase in the height of such a building or structure, or in any other building or structure on the land having more than 2 storeys; and
	(g)	if the land is within a local centre area, if—
	(i)	there is no building or structure on the land at the time of the application that has more than 2 storeys; and
	(ii)	the development would not result in any building or structure on the land having more than 2 storeys; and
(iii)	if the lease currently permits the use of the land for a shop, or a use including the use of the land for a shop—the development would not have the effect of prohibiting the use of the land for a shop; and
	(iv)	the development would not have the effect of permitting the erection of any dwelling on the land.	
9	Development on land within an entertainment, accommodation and leisure area if—
	(a)	the land would, if the development is approved, be no less than 50m away from any residential area at its nearest point; and
	(b)	if the land has been previously developed—the development would not increase the total gross floor area of all buildings on the land by more than 50%; and
	(c)	if at the time of the application the lease permits a community use, or a use including a community use—the development would not have the effect of prohibiting a community use of the land; and
	(d)	if there is no building or structure on the land at the time of the application that has more than 2 storeys—the development would not result in any building or structure on the land having more than 2 storeys; and
	(e)	if there is a building or structure on the land at the time of the application that has more than 2 storeys—the development would not result in any increase in the height of such a building or structure, or in any other building or structure on the land having more than 2 storeys.	
10	Development on land within a community facility area or a restricted access recreation area if—
	(a)	the land would, if the development is approved, be no less than 50m away from any residential area at its nearest point; and
	(b)	the gross floor area of all buildings on the land at the time of the application does not exceed 300m2; and
	(c)	the development would not result in the total gross floor area of all buildings on the land exceeding 300m2; and
	(d)	if the land has been previously developed—the development would not increase the proportion of the total site area on the land covered by buildings, driveways and carparking areas by more than 50%, calculated by reference to the area of the land as at the time of the application; and
	(e)	if, at the time of the application, the lease permits a community use, or a use including a community use—the development would not have the effect of prohibiting a community use of the land; and
	(f)	the development would not have the effect of permitting the use of the land for a corrections facility; and
	(g)	if there is no building or structure on the land at the time of the application that has more than 1 storey—the development would not result in any building or structure on the land having more than 1 storey; and
	(h)	if there is a building or structure on the land at the time of the application that has more than 1 storey—the development would not result in any increase in the height of such a building or structure, or in any other building or structure on the land having a height exceeding 6m.	
11	Development on land within an urban open space area, a hills, ridges and buffer area, a river corridor area, a mountains and bushlands area or a plantation forestry area if—
	(a)	the land would, if the development is approved, be no less than 50m away from any residential area at its nearest point; and
	(b)	the development would not have the effect of permitting the use of the land for a purpose other than that for which it is leased at the time of the application, or other than that permitted by a licence in relation to the land that is current at the time of the application; and
	(c)	the development would not increase the area of the leased land by more than 1ha; and
	(d)	if the gross floor area of all buildings on the land at the time of the application does not exceed 300m2—the development would not result in the total gross floor area of all buildings on the land exceeding 300m2; and
	(e)	if the gross floor area of all buildings on the land at the time of the application exceeds 300m2—the development would not increase the total gross floor area of all buildings on the land; and
	(f)	if the total site area covered by buildings, driveways and carparking areas at the time of the application is equal to no more than 50% of the area of the land—the development would not result in such site coverage increasing to more than 50% of the area of the land, calculated by reference to the area of the land as at the time of the application; and

	(g)	if the total site area covered by buildings, driveways and carparking areas at the time of the application is more than 50% of the area of the land—the development would not increase such site coverage, calculated by reference to the area of the land as at the time of the application; and
	(h)	if there is no building or structure on the land at the time of the application that has more than 1 storey—the development would not result in any building or structure on the land having more than 1 storey; and
	(i)	if there is a building or structure on the land at the time of the application that has more than 1 storey—the development would not result in any increase in the height of such a building or structure, or in any other building or structure on the land having a height exceeding 6m.	
12	Development on land within a broadacre area or a rural land use area if—
	(a)	the land would, if the development is approved, be no less than 50m away from any residential area at its nearest point; and
	(b)	the development would not have the effect of permitting the use of the land for a purpose other than that for which it is leased at the time of the application, or other than that permitted by a licence in relation to the land that is current at the time of the application; and
	(c)	the development would not increase the area of the leased land by more than 1ha; and

	(d)	if the gross floor area of all buildings on the land at the time of the application does not exceed 2 000m2—the development would not result in the total gross floor area of all buildings on the land exceeding 2 000m2; and
	(e)	if the gross floor area of all buildings on the land at the time of the application exceeds 2 000m2—the development would not increase the total gross floor area of all buildings on the land; and
	(f)	if the total site area covered by buildings, driveways and carparking areas at the time of the application is equal to no more than 50% of the area of the land—the development would not result in such site coverage increasing to more than 50% of the area of the land, calculated by reference to the area of the land as at the time of the application; and
	(g)	if the total site area covered by buildings, driveways and carparking areas at the time of the application is more than 50% of the area of the land—the development would not increase such site coverage, calculated by reference to the area of the land as at the time of the application; and
	(h)	if there is no building or structure on the land at the time of the application that has more than 1 storey—the development would not result in any building or structure on the land having more than 1 storey; and

	(i)	if there is a building or structure on the land at the time of the application that has more than 1 storey—the development would not result in any increase in the height of such a building or structure, or in any other building or structure on the land having a height exceeding 6m.	
13	Development within a designated area within the meaning of the national capital plan if—
	(a)	the land would, if the development is approved, be no less than 50m away from any residential area at its nearest point; and
	(b)	the development would not have the effect of permitting the use of the land for a purpose other than that for which it is leased at the time of the application, or other than that permitted by a licence in relation to the land that is current at the time of the application; and
	(c)	if the land has been previously leased—the development would not increase the total gross floor area of all buildings permitted by the lease at the time of the application by more than 50%.	
14	Demolition of a building or structure in connection with a development listed elsewhere in this schedule consisting of the erection or alteration of a building or structure.	
15	A development by or on behalf of the Territory that consists of the construction, alteration, demolition or removal of—

	(a)	electricity, water, gas or communication services; or
	(b)	a floodway or sewerage or drainage works; or
	(c)	a public road, public path, cycleway or car park.	
16	The construction, alteration, demolition or removal of public facilities on unleased Territory land, including barbecues, seating or playground equipment, or related landscaping.	
17	Variation of a lease solely to permit a development mentioned in another item of this schedule.	
18	Installation, alteration or removal of an externally mounted photovoltaic panel.	
19	Installation, alteration or removal of an externally mounted solar water heater. 	
20	Installation, alteration or removal of an externally mounted airconditioning unit.	

Dictionary
(see reg 2)
Note 1	The Legislation Act contains definitions and other provisions relevant to these regulations.
Note 2	In particular, the Legislation Act, dict, pt 1, defines the following terms:
·	business day
·	Territory land.
added value—
	(a)	for division 3.2 (Variation of leases)—see regulation 15; and
	(b)	for division 3.3 (Consolidation and subdivision)—see regulation 27.
adjoining, in relation to a parcel of land that is proposed to be the subject of a development, means abutting the parcel, or separated from it only by a road, reserve, river, watercourse, or any similar division.
change of use charge—
	(a)	for division 3.2 (Variation of leases)—see regulation 15; and
	(b)	for division 3.3 (Consolidation and subdivision)—see regulation 27.
community use includes the uses defined as such in the plan, but is not limited to those uses.
consolidated lease—
	(a)	for division 3.2 (Variation of leases)—see regulation 15; and
	(b)	for division 3.3 (Consolidation and subdivision)—see regulation 27.
consolidation—see the Act, section 159.
development—see the Act, section 222.
exempt building or structure means—
	(a)	a retaining wall that does not exceed 1m in height; or
	(b)	a carport—
	(i)	the plan area of which does not exceed 25m2, and
	(ii)	the height of which does not exceed 3m; or
	(c)	a pergola—
	(i)	for a roofed pergola—the plan area of which does not exceed 25m2, and that does not project above the line of any adjacent guttering; and
	(ii)	in any case—the height of which does not exceed 3m; or
	(d)	a shed, gazebo, greenhouse or similar structure—
	(i)	the plan area of which does not exceed 10m2; and
	(ii)	the height of which does not exceed 3m; or
	(e)	an external deck, terrace or landing, or external stairs, the height of which does not exceed 1m; or
	(f)	an antenna or aerial (other than a satellite dish, or microwave antenna, that is for receiving purposes only) the height of which does not exceed 5m; or
	(g)	a swimming pool the capacity of which does not exceed 10m3 that is designed to be installed above ground level; or
	(h)	an outdoor ornamental pond the depth of which does not exceed 300mm; or
	(i)	a barbecue or other structure—
	(i)	the plan area of which does not exceed 2m2; and
	(ii)	the height of which does not exceed 1.8m; or
	(j)	a water tank—
	(i)	the capacity of which does not exceed 17kL; and
	(ii)	the height of which does not exceed 2.4m.
further lease—
	(a)	for division 3.2 (Variation of leases)—see regulation 15; and
	(b)	for division 3.3 (Consolidation and subdivision)—see regulation 27.
height, in relation to a building or structure, means the vertical distance from natural ground level to the highest point of the building or structure.
lease, over the largest parcel of land—
	(a)	for division 3.2 (Variation of leases)—see regulation 15A; and
	(b)	for division 3.3 (Consolidation and subdivision)—see regulation 27A.
lease and development condition, for a lease, means a condition, other than a condition contained in the lease or an agreement collateral to the lease, that—
	(a)	was approved by the Territory when the lease was granted; and
	(b)	relates to the development or use of the land that is subject to the lease.
local centre means an area of land designated by the Territory plan as a Local Centre (Commercial ‘D’).
market value—see the Act, section 159.
minor development means a development in relation to land that a reasonable person would consider to be of a minor nature, having regard to the following matters:
	(a)	the views to and from the adjoining land;
	(b)	the overshadowing of the adjoining land;
	(c)	the privacy of the adjoining land;
	(d)	the likelihood of the adjoining land being detrimentally affected by noise at the time the development is carried out or at any time in the future;
	(e)	the local streetscape;
	(f)	any other potential loss of amenity;
	(g)	the nature, scale and any possible environmental effects of the development, including potential pollution of any sort;
	(h)	any further criteria determined by the Minister in writing.
minor landscape works means landscaping consisting of a minor development involving tree, shrub or ground cover planting or removal, grassing, paving, earthworks, drainage works, batter treatment, irrigation or erosion control, being a development affecting no area of remnant native grassland greater than 0.5ha.
public street—see the Road Transport (Safety and Traffic Management) Act 1999, dictionary, definition of road.
rear boundary means a boundary that is not a front boundary and does not meet a front boundary.
regranted lease—
	(a)	for division 3.2 (Variation of leases)—see regulation 15; and
	(b)	for division 3.3 (Consolidation and subdivision)—see regulation 27.
relevant authority—see the Act, section 222.
reticulated services means services (being electricity, water, drainage, gas, communications or similar services) the provision of which allows for direct access to and use of such services by the occupiers of individual parcels of land.
rural lease—see the Act, section 159.
service station lease means a lease of land that provides that the land is to be used predominantly for the purpose of a service station, whether it is referred to as a service station, motor service station or in any other way.
side boundary means a boundary which meets a front boundary.
subdivided lease—
	(a)	for division 3.2 (Variation of leases)—see regulation 15; and
	(b)	for division 3.3 (Consolidation and subdivision)—see regulation 27.
subdivision—see the Act, section 159.
variation—see the Act, section 223.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	par = paragraph/subparagraph	
cl = clause	pres = present	
def = definition	prev = previous	
dict = dictionary	(prev...) = previously	
disallowed = disallowed by the Legislative 	pt = part	
Assembly	r = rule/subrule	
div = division	reg = regulation/subregulation	
exp = expires/expired	renum = renumbered	
Gaz = Gazette	reloc = relocated	
hdg = heading	R[X] = Republication No	
IA = Interpretation Act 1967	RI = reissue	
ins = inserted/added	s = section/subsection	
LA = Legislation Act 2001	sch = schedule	
LR = legislation register	sdiv = subdivision	
LRA = Legislation (Republication) Act 1996	sub = substituted	
mod = modified/modification	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	

3	Legislation history
The Land (Planning and Environment) Regulations 1992 were originally the Land (Planning and Environment) Regulations.  They were renamed by SL 1999 No 31 (see reg 3).
Land (Planning and Environment) Regulations 1992 No 5
notified 8 May 1992
commenced 8 May 1992
as amended by
Land (Planning and Environment) (Amendment) Regulations 1992 No 19
notified 2 October 1992
commenced 2 October 1992 
Land (Planning and Environment) (Amendment) Regulations 1993 No 3
notified 22 January 1993
commenced 22 January 1993 (reg 2)
Land (Planning and Environment) (Amendment) Regulations 1993 No 5
notified 22 February 1993
commenced 22 February 1993 (reg 2) 
Land (Planning and Environment) (Amendment) Regulations 1993 No 29
notified 28 July 1993
commenced 28 July 1993 (reg 1)
Land (Planning and Environment) (Amendment) Regulations 1993 No 47
notified 1 December 1993
commenced 1 December 1993 (reg 1 and Gaz 1993 No S247)
Land (Planning and Environment) (Amendment) Regulations 1993 No 53 (as am by SL 1995 No 20)
notified 24 December 1993
commenced 24 December 1993 (reg 1)
Land (Planning and Environment) (Amendment) Regulations 1994 No 5
notified 10 March1994
commenced 10 March 1994 (reg 2)
Land (Planning and Environment) (Amendment) Regulations 1994 No 22
notified 29 June 1994
commenced 29 June 1994 (reg 2)
Land (Planning and Environment) (Amendment) Regulations 1994 No 41
notified 29 November 1994
commenced 29 November 1994 (reg 2)
Land (Planning and Environment) (Amendment) Regulations 1995 No 7
notified 25 January 1995
commenced 25 January 1995 (reg 1)
Land (Planning and Environment) (Amendment) Regulations 1995 No 18
notified 17 May 1995
commenced 17 May 1995 (reg 1)
Land (Planning and Environment) (Amendment) Regulations 1995 No 20
notified 16 June 1995
commenced 16 June 1995 (reg 1)
Land (Planning and Environment) (Amendment) Regulations 1995 No 36
notified 26 September 1995
commenced 26 September 1995 (reg 1)
Land (Planning and Environment) (Amendment) Regulations 1996 No 20
notified 23 September 1995
commenced 23 September 1995 (reg 1) 
Land (Planning and Environment) (Amendment) Regulations 1996 No 21
notified 26 September 1996
commenced 26 September 1996 (reg 1)
Land (Planning and Environment) (Amendment) Act 1996 No 62, s 5
notified 3 December 1996 (Gaz 1996 No S321)
s 5 commenced 3 December 1996 (s 2)
Land (Planning and Environment) (Amendment) Act (No 2) 1996 No 71 s 20
notified 20 December 1996 (Gaz 1996 No S328)
ss 1-3 commenced 20 December 1996 (s 2 (1))
s 20 commenced 1 January 1997 (s 2 (2) and Gaz 1996 No S352)
Land (Planning and Environment) Regulations (Amendment) 1997 No 7
notified 8 April 1997
reg 1, reg 2 commenced 8 April 1997 (reg 1 (1))
remainder commenced 27 August 1997 (reg 1 (2)-(4))
Land (Planning and Environment) Regulations (Amendment) 1997 No 16
notified 23 June 1997
reg 1, reg 2 commenced 23 June 1997
reg 9 commenced 14 January 1998 (Gaz 1998 No S27)
remainder commenced 24 June 1997 (Gaz 1997 No S179)
Land (Planning and Environment) Regulations (Amendment) 1997 No 23
Note  These regulations were not tabled and were taken to be repealed before they commenced.
Land (Planning and Environment) Regulations (Amendment) 1998 No 21
notified 17 June 1998
reg 1, reg 2 commenced 17 June 1998 (reg 1 (1))
remainder commenced 30 October 1998 (reg 1 (2), (3))
Land (Planning and Environment) Regulations (Amendment) 1998 No 32
notified 21 October 1998
regs 1-3 commenced 21 October 1998 (reg 1 (1))
remainder commenced 19 February 1999 (reg 1 (2)-(6))
Roads and Public Places (Amendment) Act 1998 No 56 s 14
notified 27 November 1998 (Gaz S207)
ss 1-3 commenced 27 November 1998
s 14 commenced 27 May 1999 (s 2 (3))
Land (Planning and Environment) Regulations (Amendment) 1999 No 31
notified 1 December 1999
commenced 1 December 1999 (reg 1)
Land (Planning and Environment) Regulations (Amendment) 1999 No 34
notified 22 December 1999
commenced 22 December 1999 (reg 1)
Road Transport Legislation Amendment Act 1999 No 79 sch 4
notified 23 December 1999 (Gaz 1999 No S65)
sch 4 commenced 1 March 2000 (see s 2 and Gaz 2000 No S5)
Land (Planning and Environment) Regulations Amendment 2000 No 2
notified 14 February 2000 (Gaz 2000 No S4)
commenced 14 February 2000 (reg 1)
Land (Planning and Environment) Regulations Amendment 2000 No 55
notified 21 December 2000 (Gaz 2000 No 51)
commenced 21 December 2000 (reg 1)
Land (Planning and Environment) Regulations Amendment 2001 No 1
notified 25 January 2001 (Gaz 2001 No 4)
commenced 25 January 2001 (reg 1)
Land (Planning and Environment) (Amendment) Regulations 2001 No 8
notified 22 March 2001 (Gaz 2001 No 12)
reg 1 commenced 22 March 2001 (IA s 10B)
remainder commenced 5 April 2001 (Gaz 2001 No 14 p 381)
Unit Titles Consequential Amendments Act 2001 No 17 sch 3
notified 5 April 2001 (Gaz 2001 No 14)
s 1, s 2 commenced 5 April 2001 (IA s 10B)
sch 3 commenced 5 October 2001 (s 2)
Legislation (Consequential Amendments) Act 2001 No 44 pt 208
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 208 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Statute Law Amendment Act 2001(No 2) 2001 No 56 pt 3.30
notified 5 September 2001 (Gaz 2001 No S65)
commenced 5 September 2001 (s 2 (1))
Land (Planning and Environment) Amendment Act 2001 (No 4) 2001 No 80 s 10
notified 10 September 2001 (Gaz 2001 No S66)
s 1, s 2 commenced 10 September 2001 (IA s 10B)
s 10 commenced 12 September 2001 (s 2 (2))
Land (Planning and Environment) Regulations Amendment 2001 No 35
notified LR 13 September 2001
commenced 13 September 2001 (reg 1)
Statute Law Amendment Act 2002 No 30 pt 3.39
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
pt 3.39 commenced 17 September 2002 (s 2 (1))
Planning and Land (Consequential Amendments) Act 2002 A2002-56 sch 2
notified LR 20 December 2002 
s 1, s 2 commenced 20 December 2002 (LA s 75 (1))
sch 2 commenced 1 July 2003 (s 2 and see Planning and Land Act 2002 A2002-55, s 2)
Land (Planning and Environment) (Compliance) Amendment Act 2003 A2003-34 sch 1 pt 1.3
notified LR 7 July 2003
s 1, s 2 commenced 7 July 2003 (LA s 75 (1))
sch 1 pt 1.3 commenced 1 September 2003 (s 2 and CN2003-8)
Land (Planning and Environment) Amendment Regulations 2003 (No 1) SL2003-35
notified LR 9 October 2003
reg 1, reg 2 commenced 9 October 2003 (LA s 75 (1))
remainder commenced 10 October 2003 (reg 2)
Land (Planning and Environment) Amendment Regulations 2004 (No 1) SL2004-12
notified LR 29 April 2004
reg 1, reg 2 commenced 29 April 2004 (LA s 75 (1))
remainder commenced 30 April 2004 (reg 2)
Construction Occupations Legislation Amendment Act 2004
A2004-13 sch 2 pt 2.18
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 2 pt 2.18 commenced 1 September 2004 (s 2 and see Construction Occupations (Licensing) Act 2004 A2004-12, s 2 and CN2004-8)
Land (Planning and Environment) Amendment Regulations 2004 (No 2) SL2004-43
notified LR 8 September 2004
reg 1, reg 2 commenced 8 September 2004 (LA s 75 (1))
remainder commenced 9 September 2004 (reg 2)
Heritage Act 2004 A2004-57 sch 1 pt 1.7
notified LR 9 September 2004
s 1, s 2 commenced 9 September 2004 (LA s 75 (1))
sch 1 pt 1.7 awaiting commencement (s 2)
Note	default commencement under LA s 79: 9 March 2005
Land (Planning and Environment) Amendment Act 2004 A2004-64 s 9
notified LR 25 August 2004
s 1, s 2 commenced 25 August 2004
s 9 commences 1 November 2004 (s 2 and CN2004-16)
4	Amendment history
Preliminary
pt 1 hdg	ins 1997 No 16 reg 3
Name of regulations
reg 1	sub 1999 No 31 reg 3
Dictionary
reg 2	am 1996 No 20 reg 3; 1997 No 16 reg 4; 1998 No 32 reg 3; 1999 No 31 reg 4; Act 1999 No 79 sch 4; 2000 No 2 reg 3; Act 2001 No 44 amdt 1.2484; 2001 No 35 amdt 1.1-1.3
	defs reloc to dict 2001 No 35 amdt 1.4
	sub 2001 No 35 amdt 1.5
	am A2004-13 amdt 2.76
Meaning of words and expressions used in plan etc
reg 3	orig reg 3 sub 1992 No 19 reg 2
	am 1993 No 3 reg 3; 1993 No 29 reg 2
	om 1997 No 16 reg 6
	(prev reg 2A) ins 2001 No 35 amdt 1.5
	renum R6 LA (see 2001 No 35 amdt 1.10)
Notes
reg 4	(prev reg 2B) ins 2001 No 35 amdt 1.5
	renum R6 LA (see 2001 No 35 amdt 1.10)
Application of amendments by Land (Planning and Environment) Amendment Regulations 2004 (No 1)
reg 4A	ins SL2004-12 reg 4
	exp 30 October 2004 (reg 4A (2))
Environment assessments
pt 2 hdg	ins 1997 No 16 reg 5
Content of public environment reports and environment impact statements
reg 5	(prev reg 4) renum R6 LA (see 2001 No 35 amdt 1.10)
Prescribed period—Act s 121 (2)
reg 6	(prev reg 5) sub 2000 No 2 s 4
	renum R6 LA (see 2001 No 35 amdt 1.10)
	sub Act 2002 No 30 amdt 3.509
Prescribed criteria—Act, s 123 (4)
reg 7	(prev reg 6) ins 1992 No 5
	renum R6 LA (see 2001 No 35 amdt 1.10)
Prescribed period—Act, s 129(1)
reg 8	(prev reg 7) renum R6 LA (see 2001 No 35 amdt 1.10)
Prescribed period—Act, s 130 (1)
reg 9	(prev reg 8) renum R6 LA (see 2001 No 35 amdt 1.10)
Prescribed periods—Act, s 131 (1) and (2)
reg 10	orig reg 10 ins 1992 No 5
	om 1997 No 16 reg 6
	(prev reg 9) renum R6 LA (see 2001 No 35 amdt 1.10)
Land administration
pt 3 hdg	ins 1997 No 16 reg 7
Leases
div 3.1 hdg	(prev pt 3 div 1 hdg) ins 1997 No 16 reg 7
	renum R6 LA
Prescribed period—Act, s 170 (1)
reg 11	am A2002-56 amdt 2.8
Determination of amount under paragraph 184 (b) of the Act
reg 11A	ins 1995 No 20 reg 3
	am 1996 No 20 reg 4
	om 1997 No 7 reg 4
Confidential services and special dwellings—Act, s 175 (3) (a)
reg 12	orig reg 12 am 1993 No 53 reg 3; 1995 No 20 reg 4
	om 1997 No 7 reg 4
	(prev reg 11AA) ins 1997 No 16 reg 8
	renum R6 LA (see 2001 No 35 amdt 1.10)
Farm tourism and other rural business (lease purpose)—Act, s 175 (3) (a)
reg 13	(prev reg 11AAA) ins 1999 No 34 reg 3
	renum R6 LA (see 2001 No 35 amdt 1.10)
Heavy vehicle parking (lease purposes)—Act, s 175 (3) (b)
reg 14	(prev 11AB) ins 1997 No 16 reg 9
	sub Act 1999 No 79 sch 4
	renum R6 LA (see 2001 No 35 amdt 1.10)
	sub Act 2002 No 30 amdt 3.510
Amount of refund for surrender or termination—Act, s 178 (1)
reg 14A	ins A2004-64 s 9
	(2), (3) exp 1 November 2011 (reg 14A (3))
Variation of leases
div 3.2 hdg	(prev pt 3 div 2 hdg) ins 1997 No 7 reg 4
	renum R6 LA
Definitions for div 3.2
reg 15 hdg	sub Act 2002 No 30 amdt 3.511
reg 15	(prev 12A) ins 1997 No 7 reg 4
	renum R6 LA (see 2001 No 35 amdt 1.10)
	am Act 2002 No 30 amdt 3.512, amdt 3.514
	def lease ins Act 2002 No 30 amdt 3.513
Meaning of lease over the largest parcel of land
reg 15A	ins Act 2002 No 30 amdt 3.514
Boundary variations remission—Act, s 184C (1)
reg 16	(prev reg 12B) ins 1997 No 7 reg 4
	am Act 2001 No 80 s 10
	renum R6 LA (see 2001 No 35 amdt 1.10)
	am Act 2002 No 30 amdt 3.515; A2002-56 amdt 2.9
Local centre remission—Act, s 184C (1)
reg 17 hdg	(prev reg 13 hdg) sub 2001 No 35 amdt 1.6
reg 17	orig reg 17 om 1997 No 16 reg 10
	(prev reg 13) am 1992 No 19 reg 3; 1993 No 53 reg 4; 1996 No 20 reg 5; Act 1996 No 62 s 5
	sub 1997 No 7 reg 4
	am 1998 No 21 reg 3; 1998 No 32 reg 4; Act 2001 No 80 s 10
	renum R6 LA (see 2001 No 35 amdt 1.10)
	am Act 2002 No 30 amdt 3.516, amdt 3.517; A2002-56 amdt 2.9
Local centre declarations—lease variation
reg 18	(prev reg 13A) ins 1996 No 20 reg 6
	am 1997 No 7 reg 5
	renum R6 LA (see 2001 No 35 amdt 1.10)
	am A2002-56 amdt 2.9
Commissioner for housing remission—Act, s 184C (1)
reg 19	orig reg 19 om 1997 No 16 reg 12
	(prev reg 14) am 1993 No 5 reg 3; 1993 No 53 reg 5; 1996 No 20 reg 7
	sub 1997 No 7 reg 6
	am Act 2001 No 80 s 10
	renum R6 LA (see 2001 No 35 amdt 1.10)
	am Act 2002 No 30 amdt 3.518; A2002-56 amdt 2.9
Prescribed circumstances—Act, s 184C (1)
reg 20	(prev reg 14AA) ins 2001 No 35 reg 3
	renum R6 LA (see 2001 No 35 amdt 1.10)
	am SL2004-43 regs 4-6
	(1) (g), (2), (3) exp 1 December 2010 (reg 20 (3))
Remission of change of use charges–Act, s 184C (2)
reg 21	(prev reg 14AB) ins 2001 No 35 reg 3
	renum R6 LA (see 2001 No 35 amdt 1.10)
	am Act 2002 No 30 amdt 3.519; A2002-56 amdt 2.9
Concessional lease increase—Act, s 184C (2)
reg 22 hdg	sub Act 2002 No 30 amdt 3.520
reg 22 	(prev reg 14A) ins 1997 No 7 reg 6
	am 1998 No 32 reg 5; Act 2001 No 80 s 10
	renum LRA (see 2001 No 35 amdt 1.10)
	am Act 2002 No 30 amdt 3.520; A2002-56 amdt 2.9
Recently commenced lease increase—Act, s 184C (2)
reg 23 hdg	sub Act 2002 No 30 amdt 3.521
reg 23 	(prev reg 14B) ins 1997 No 7 reg 6
	am 1998 No 32 reg 6; 2001 No 35 amdt 1.7, amdt 1.8
	renum R6 LA (see 2001 No 35 amdt 1.10)
	am Act 2002 No 30 amdt 3.521, amdt 3.522; A2002-56 amdt 2.9
Enlarged area of land increase—Act, s 184C (2)
reg 24 hdg	sub Act 2002 No 30 amdt 3.523
reg 24	(prev reg 14C) ins 1997 No 7 reg 6
	am 1998 No 32 reg 7; Act 2001 No 80 s 10
	renum R6 LA (see 2001 No 35 amdt 1.10)
	am Act 2002 No 30 amdt 3.524, amdt 3.525; A2002-56 amdt 2.9
Service station lease increase—Act, s 184C (2)
reg 25 hdg	sub Act 2002 No 30 amdt 3.526
reg 25	(prev reg 14D) ins 1998 No 32 reg 8
	renum R6 LA (see 2001 No 35 amdt 1.10)
	am Act 2002 No 30 amdt 3.527; am A2002-56 amdt 2.1
Variation of lease to pay out rent—prescribed leases
reg 26	(prev reg 15) am 1993 No 47 reg 2; 1997 No 7 reg 7
	renum R6 LA (see 2001 No 35 amdt 1.10)
Consolidation and subdivision
div 3.3 hdg	(prev pt 3 div 3 hdg) ins 1997 No 7 reg 8
	renum R6 LA
Definitions for div 3.3
reg 27 hdg	sub Act 2002 No 30 amdt 3.528
reg 27	(prev reg 15A) ins 1997 No 7 reg 8
	renum R6 LA (see 2001 No 35 amdt 1.10)
	am Act 2002 No 30 amdt 3.529, amdt 3.531
	def lease ins Act 2002 No 30 amdt 3.530
Meaning of lease over the largest parcel of land
reg 27A	ins Act 2002 No 30 amdt 3.531
Local centre remission—Act, s 187C (1)
reg 28	(prev reg 15B) ins 1997 No 7 reg 8
	am 1998 No 21 reg 4; 1998 No 32 reg 9; Act 2001 No 80 s 10
	renum R6 LA (see 2001 No 35 amdt 1.10)
	am Act 2002 No 30 amdt 3.532, amdt 3.533; A2002-56 amdt 2.9
Local centre declarations—consolidation and subdivision
reg 29 	(prev reg 15C) ins 1997 No 7 reg 8
	renum R6 LA (see 2001 No 35 amdt 1.10)
	am A2002-56 amdt 2.9
Commissioner for housing remission—Act, s 187C (1)
reg 30	(prev reg 15D) ins 1997 No 7 reg 8
	am Act 2001 No 80 s 10
	renum R6 LA (see 2001 No 35 amdt 1.10)
	am A2002-56 amdt 2.9
Prescribed circumstances—Act, s 187C (1)
reg 31	(prev reg 15DA) ins 2001 No 35 reg 4
	renum R6 LA (see 2001 No 35 amdt 1.10)
Remission of change of use charges—Act, s 187C (2
reg 32	(prev reg 15DB) ins 2001 No 35 reg 4
	renum R6 LA (see 2001 No 35 amdt 1.10)
	am Act 2002 No 30 amdt 3.534; A2002-56 amdt 2.9
Concessional lease increase—Act, s 187C (2)
reg 33 hdg	sub Act 2002 No 30 amdt 3.535
reg 33 	(prev reg 15E) ins 1997 No 7 reg 8
	am 1998 No 32 reg 10; Act 2001 No 80 s 10
	renum R6 LA (see 2001 No 35 amdt 1.10)
	am Act 2002 No 30 amdt 3.536, amdt 3.537; A2002-56 amdt 2.9
Recently commenced lease increase—Act, s 187C (2)
reg 34 hdg	sub Act 2002 No 30 amdt 3.538
reg 34	(prev reg 15F) ins 1997 No 7 reg 8
	am 1998 No 32 reg 11; Act 2001 No 80 s 10
	renum R6 LA (see 2001 No 35 amdt 1.10)
	am Act 2002 No 30 amdt 3.539, amdt 3.540; A2002-56 amdt 2.9
Consolidation involving service station lease increase—Act, s 187C (2)
reg 35 hdg	sub Act 2002 No 30 amdt 3.541
reg 35 	(prev reg 15G) ins 1998 No 32 reg 12
	renum R6 LA (see 2001 No 35 amdt 1.10)
	am Act 2002 No 30 amdt 3.542; A2002-56 amdt 2.2
Subdivision involving service station lease increase—Act, s 187C (2)
reg 36 hdg	sub Act 2002 No 30 amdt 3.543
reg 36	(prev reg 15H) ins 1998 No 32 reg 12
	renum R6 LA (see 2001 No 35 amdt 1.10)
	am Act 2002 No 30 amdt 3.544; A2002-56 amdt 2.3
Approvals and orders
pt 4 hdg	ins 1997 No 16 reg 10
Approvals
div 4.1 hdg	(prev pt 4 div 1 hdg) ins 1997 No 16 reg 10
	renum R6 LA
Prescribed period—Act, s 230 (2)
reg 37	(prev reg 16) am 1992 No 19 reg 4
	sub 1997 No 16 reg 10
	am 2000 No 2 reg 5
	renum R6 LA (see 2001 No 35 amdt 1.10)
	am Act 2002 No 30 amdt 3.545
Prescribed period—Act, s 237 (1)
reg 38	(prev reg 18) am 1997 No 16 reg 11; 2000 No 2 reg 6
	renum R6 LA (see 2001 No 35 amdt 1.10)
Orders
div 4.2 hdg	(prev pt 4 div 2 hdg) ins 1997 No 16 reg 12
	renum R6 LA
Prescribed period—Act, s 254A (4)
reg 39 hdg	sub A2003-34 amdt 1.16
reg 39	(prev reg 20) am 1997 No 16 reg 13
	renum R6 LA (see 2001 No 35 amdt 1.10)
	am A2002-56 amdt 2.4, amdt 2.5, amdt 2.10; A2003-34 amdt 1.16, amdt 1.17
Exemptions from Act , pt 6
div 4.3 hdg	(prev pt 4 div 3 hdg) ins 1997 No 16 reg 14
	renum R6 LA
Definition of minor development—determined criteria
reg 39A	ins A2003-34 amdt 1.18
Absolute exemptions from Act, pt 6
reg 40	(prev reg 21) am 1992 No 19 reg 5; 1994 No  22 reg 3; 1994 No 41 reg 2; 1995 No 7 reg 3; 1995 No 18 reg 3; 1995 No 36 reg 3
	sub 1997 No 16 reg 14
	am Act 2001 No 56 amdt 3.437
	renum R6 LA (see 2001 No 35 amdt 1.10)
	am SL2004-12 reg 5, reg 6; A2004-57 amdt 1.52
Notification exemptions—Act, s 229 (1) and (6)
reg 41	(prev reg 22) am 1994 No 22 reg 4
	sub 1997 No 16 reg 14
	am Act 2001 No 56 amdt 3.438
	renum R6 LA (see 2001 No 35 amdt 1.10)
	am A2002-56 amdt 2.9; SL2004-12 reg 7
Exclusion of appeals—general
reg 42 hdg	sub SL2004-12 reg 8
reg 42	(prev reg 23) ins 1994 No 5 reg 3
	sub 1996 No 21 reg 3
	om Act 1996 No 71 s 20
	ins 1997 No 16 reg 14
	am Act 2001 No 56 amdt 3.439
	renum R6 LA (see 2001 No 35 amdt 1.10)
	am SL2004-12 reg 9
	(3)-(5) exp 30 April 2009 (reg 42 (5))
Exclusion of appeals by objectors and third parties—Act, s 276
reg 43 hdg	sub SL2004-12 reg 10
reg 43	(prev reg 24) ins 1997 No 16 reg 14
	am Act 2001 No 56 amdt 3.439
	renum R6 LA (see 2001 No 35 amdt 1.10)
	am SL2004-12 reg 11
	(3)-(5) exp 30 April 2009 (reg 43 (5))
Ministerial exemptions for signs and advertising material
reg 44	(prev reg 25) ins 2001 No 8 reg 3
	renum R6 LA (see 2001 No 35 amdt 1.10)
Unconditional exemptions from Act, part 6
sch 1	sub 1997 No 16 reg 15
	am 1998 Act No 56 s 14; 1999 No 31 reg 5; 2000 No 2 reg 7 sch 1; 2001 No 1 reg 3
	renum items R6 LA
	am A2002-56 amdt 2.8, amdt 2.9; SL2003-35 reg 4
	renum items R10 LA (see SL2003-35 reg 5)
	am SL2004-12 reg 12
Exemptions from Act, part 6 subject to authority guideline
sch 2	sub 1997 No 16 reg 15
	am 2000 No 55 reg 3; 2001 No 8 reg 4
Exemptions from Act, part 6 subject to implementation plans
sch 3	am 1993 No 53 reg 6
	om 1997 No 7 reg 9
	(prev sch 3A) ins 1997 No 16 reg 15
	renum 1997 No 16 reg 15
Notification exemptions—Act, section 229 (1) and (6)
sch 4	ins 1997 No 16 reg 15
	am 2000 No 2 reg 8 sch 2; Act 2001 No 17 amdt 3.4; A2002-56 amdt 2.9; A2003-34 amdt 1.19
Notification exemptions Act, section 229 (1) (b) and 229 (6)
sch 5	ins 1997 No 16 reg 15
	am 2000 No 2 reg 9 sch 3; 2000 No 55 reg 4
Exclusion of appeals, general—Act, s 275
sch 6 hdg	sub SL2004-12 reg 13
sch 6	ins 1997 No 16 reg 15
	am 2000 No 2 reg 10 sch 4; 2001 No 8 reg 5; A2002-56 amdt 2.6; SL2004-12 reg 14
Exclusion of appeals by objectors and third parties—Act, s 276
sch 7 hdg	sub SL2004-12 reg 15
sch 7	ins 1997 No 16 reg 15
	am 2000 No 2 reg 11 sch 5; 2000 No 55 reg 5; A2002-56 amdt 2.7; SL2004-12 reg 16
Dictionary
dict	ins 2001 No 35 amdt 1.9
	am Act 2002 No 30 amdt 3.546
	def added value ins Act 2002 No 30 amdt 3.547
	def adjoining ins 1997 No 16 reg 4
	reloc from reg 2 2001 No 35 amdt 1.4
	def building code ins 2000 No 2 reg 3
	sub 2001 No 35 amdt 1.1
	reloc from reg 2 2001 No 35 amdt 1.4
	om A2004-13 amdt 2.77
	def change of use charge ins Act 2002 No 30 amdt 3.547
	def community use ins 1997 No 16 reg 4
	reloc from reg 2 2001 No 35 amdt 1.4
	def consolidated lease ins Act 2002 No 30 amdt 3.547
	def consolidation ins 1997 No 16 reg 4
	sub 2001 No 35 amdt 1.1
	reloc from reg 2 2001 No 35 amdt 1.4
	sub Act 2002 No 30 amdt 3.548
	def development ins 1997 No 16 reg 4
	sub 2001 No 35 amdt 1.1
	reloc from reg 2 2001 No 35 amdt 1.4
	sub Act 2002 No 30 amdt 3.548
	def exempt building or structure ins 1997 No 16 reg 4
	reloc from reg 2 2001 No 35 amdt 1.4
	def further lease ins Act 2002 No 30 amdt 3.549
	def height ins 1997 No 16 reg 4
	reloc from reg 2 2001 No 35 amdt 1.4
	def lease ins Act 2002 No 30 amdt 3.549
	def lease and development condition ins 2000 No 2 reg 3
	reloc from reg 2 2001 No 35 amdt 1.4
	def local centre ins 1996 No 20 reg 3
	reloc from reg 2 2001 No 35 amdt 1.4
	def market value ins 2001 No 35 amdt 1.9
	sub Act 2002 No 30 amdt 3.550
	def minor development ins 1997 No 16 reg 4
	reloc from reg 2 2001 No 35 amdt 1.4
	am A2003-34 amdt 1.20
	def minor landscape works ins 1997 No 16 reg 4
	reloc from reg 2 2001 No 35 amdt 1.4
	def public street sub Act 1999 No 79 sch 4
	reloc from reg 2 2001 No 35 amdt 1.4
	def rear boundary ins 1997 No 16 reg 4
	sub 2001 No 35 amdt 1.2
	reloc from reg 2 2001 No 35 amdt 1.4
	def regranted lease ins Act 2002 No 30 amdt 3.551
	def relevant authority ins 1997 No 16 reg 4
	sub 2001 No 35 amdt 1.2
	reloc from reg 2 2001 No 35 amdt 1.4
	am Act 2002 No 30 amdt 3.552
	def reticulated services ins 1997 No 16 reg 4
	reloc from reg 2 2001 No 35 amdt 1.4
	def rural lease ins SL2003-35 reg 6
	def service station lease ins 1998 No 32 reg 3
	reloc from reg 2 2001 No 35 amdt 1.4
	def side boundary ins 1997 No 16 reg 4
	reloc from reg 2 2001 No 35 amdt 1.4
	def subdivided lease ins Act 2002 No 30 amdt 3.553
	def subdivision ins 1997 No 16 reg 4
	sub 2001 No 35 amdt 1.3
	reloc from reg 2 2001 No 35 amdt 1.4
	sub Act 2002 No 30 amdt 3.554
	def variation ins 1997 No 16 reg 4
	sub 2001 No 35 amdt 1.3
	reloc from reg 2 2001 No 35 amdt 1.4
	sub Act 2002 No 30 amdt 3.554
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	SL 1993 No 53	31 December 1993	
2	SL 1995 No 7	31 January 1995	
3	SL 1995 No 36	31 January 1996	
4	SL 1997 No 16	28 February 1998	
5	SL 2000 No 2	30 May 2000	
6*	SL 2001 No 35	13 September 2001	
7	A2002-30	17 September 2002	
8	A2002-56	1 July 2003	
9	A2003-34	1 September 2003	
10	SL2003-35	10 October 2003	
11	SL2003-35	30 January 2004	
12	SL2004-12	30 April 2004	
13	A2004-13	1 September 2004	
14	A2004-64	9 September 2004	
6	Renumbered provisions
This subordinate law was renumbered under the Legislation Act 2001 in R6 (see SL 2001 No 35 amdt 1.10).  Details of renumbered provisions are shown in endnote 4 (Amendment history).  For a table showing the renumbered provisions, see R6.
7	Uncommenced amendments
The following amendments have not been included in this republication because they were uncommenced at the republication date:
	Heritage Act 2004 A2004-57 sch 1 pt 1.7
Part 1.7	Land (Planning and Environment) Regulations 1992
[1.52]	Regulation 40 (4) (b)
substitute
	(b)	the development—
	(i)	affects a place that is registered, or nominated for provisional registration, under the Heritage Act 2004; and
	(ii)	would be inconsistent with a heritage guideline applying to the place; or
	Land (Planning and Environment) Amendment Act 2004 A2004-64 s 9
9	Land (Planning and Environment) Regulations 1992, new regulation 14A
in division 3.1, insert
14A	Amount of refund for surrender or termination—Act, s 178 (1)
	(1)	The amount prescribed for a lessee is the lesser of the following amounts:
	(a)	the amount paid for the grant or transfer of the lease to the lessee;
	(b)	the market value of the lease.
	(2)	However, the amount prescribed for a lessee is the price paid for the grant if—
	(a)	the lessee is the lessee originally granted the lease; and
	(b)	the lease was granted before this regulation commences.
	(3)	Subregulation (2) and this subregulation expire 7 years after the day this regulation commences.

©  Australian Capital Territory 2004