Australian Capital Territory
Land (Planning and Environment) (Bushfire Emergency) Regulations 2003     No 4
made under the
Land (Planning and Environment) Act 1991
Republication No 1
Effective:  8 February 2003
Republication date: 10 February 2003
Regulations not amended up to this date

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) (Bushfire Emergency) Regulations 2003, 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 10 February 2003.  It also includes any commencement, repeal or expiry affecting the republished law.  
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 amendments
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.  
When preparing the authorised version of this republication amendments were not 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) (Bushfire Emergency) Regulations 2003
made under the
Land (Planning and Environment) Act 1991
Contents
	Page
	1	Name of regulations	2
	3	Dictionary	2
	4	Notes	2
	5	Main object of regulations	2
	6	The bushfire emergency	2
	7	Certain developments exempted from Act, div 6.2	3
	8	Plans of works	4
	9	Endorsement of plans	5
Dictionary		6
Endnotes
	1	About the endnotes	7
	2	Abbreviation key	7
	3	Legislation history	8
	4	Amendment history	8

Australian Capital Territory
Land (Planning and Environment) (Bushfire Emergency) Regulations 2003     

made under the
Land (Planning and Environment) Act 1991

    

  

1	Name of regulations
These regulations are the Land (Planning and Environment) (Bushfire Emergency) Regulations 2003.
3	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 words and expressions used in these regulations, and includes references (signpost definitions) to other words and expressions defined elsewhere in these regulations or in other legislation.
	For example, the signpost definition ‘building code—see the Building Act 1972, section 24 (Building code).’ means that the expression ‘building code’ is defined in that section of that Act and the definition applies to these regulations.
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 s 156 (1)).
4	Notes
A note included in these regulations is explanatory and is not part of these regulations.
Note	See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5	Main object of regulations
The main object of these regulations is to assist people who suffered property damage because of fires that happened during the bushfire emergency to clear their land.
6	The bushfire emergency
For these regulations, the bushfire emergency is the period that began on 18 January 2003 and ended on 28 January 2003.
7	Certain developments exempted from Act, div 6.2
	(1)	The Minister may, in writing, declare that these regulations apply to land mentioned in the declaration.
	(2)	A declaration is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(3)	The Act, division 6.2 (Approvals) does not apply to a fire-caused development on land mentioned in a declaration under subregulation (1) if––
	(a)	a registered construction practitioner endorses a plan of works in relation to the work included in the development; and
	(b)	the development is carried out in accordance with the plan of works; and
	(c)	the development is carried out by a person in accordance with—
	(i)	an agreement between the person and the owner of the land that is approved by the building controller ; and
	(ii)	any conditions approved by the building controller; and
	(d)	the development is carried out in accordance with Australian Standard 2601.
	(4)	For subsection (3), a development is a fire-caused development if the development is—
	(a)	the demolition of a building or structure damaged during the bushfire emergency by fire or in the course of fighting fire; or
	(b)	work mentioned in paragraph (a) and other work reasonably necessary to reduce possible damage by future fires that consists of––
	(i)	earthworks or other construction work on or under the land; or
	(ii)	if the land is specified land––other work that would affect the landscape of the land.
	(5)	In this regulation:
specified land means land that is—
	(a)	not leased for residential purposes; or
	(b)	leased for residential purposes and not specified in the heritage places register, or an interim heritage places register, as a heritage place.
8	Plans of works
	(1)	A plan of works is a plan for carrying out work relating to the demolition of a building or structure (a building).
	(2)	A plan of works complies with this section if it—
	(a)	identifies the site where the work is to be carried out; and
	(b)	sets out, to the nearest 0.5m, the overall height of the building above ground level and its distance from the closest boundary; and
	(c)	describes the building type by its class under the building code, its structural support system and the main materials of its construction; and
	(d)	states the number of dwellings to be demolished; and
	(e)	describes the methods of demolition and the number and types of the major items of equipment proposed to be used; and
	(f)	if the proposed work involves the removal of stable asbestos cement sheeting from a residential building—complies with the Building Regulations 1972, regulation 11 (Applications—asbestos removal requirements) as if the plan were an application under the Building Act 1972; and
	(g)	describes the methods proposed to be used for handling and disposing of any other demolished material, mentioning specifically any hazardous substance; and
	(h)	describes the sequence of major activities involved in carrying out the work and the estimated number of days likely to be needed for each major activity and for completing the works; and
	(i)	sets out details of how Australian Standard 2601 will be complied with in relation to the following:
	(i)	hoardings and fencing around the proposed work;
	(ii)	any overhead protection;
	(iii)	any scaffolding necessary to carry out the proposed work; and
	(j)	contains, or has attached to it, any illustration, other plan or other document that may be necessary for the better understanding of anything set out in the plan.
9	Endorsement of plans
	(1)	A registered construction practitioner may endorse a plan of works if satisfied that—
	(a)	the plan complies with regulation 8; and
	(b)	the plan relates to land that is mentioned in a declaration under regulation 7 (Certain developments exempted from Act, div 6.2).
	(2)	In this regulation:
registered construction practitioner—see the Construction Practitioners Registration Act 1998, section 3 (Definitions for Act).

Dictionary
(see reg 3)
building code—see the Building Act 1972, section 24 (Building code).
building controller—see the Building Act 1972, section 5 (1) (Interpretation for Act).
bushfire emergency––see regulation 6 (The bushfire emergency).
plan of works—see regulation 8 (1) (Plans of works).

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.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
IA = Interpretation Act 1967	reloc = relocated	
ins = inserted/added	R[X] = Republication No	
LA = Legislation Act 2001	RI = reissue	
LR = legislation register	s = section/subsection	
LRA = Legislation (Republication) Act 1996	sch = schedule	
mod = modified / modification	sdiv = subdivision	
No = number	sub = substituted	
num = numbered	SL  = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
Land (Planning and Environment) (Bushfire Emergency) Regulations 2003 SL2003-4
notified LR 7 February 2003
reg 1, reg 2 commenced 7 February 2003 (LA s 75 (1))
remainder commenced 8 February 2003 (reg 2)
4	Amendment history
Commencement
reg 2	om LA s 89 (4)

Unauthorised version prepared by ACT Parliamentary Counsel's Office

©  Australian Capital Territory 2003