Australian Capital Territory
Land (Planning and Environment) (Bushfire Emergency) Regulations 2003     No 4
made under the
Land (Planning and Environment) Act 1991
Republication No 2
Effective:  21 February 2003
Republication date: 21 February 2003
Last amendment made by SL2003-7

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 21 February 2003.  It also includes any amendment, repeal or expiry affecting the republished law to 21 February 2003.  
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.  
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
Part 1	Preliminary
	1	Name of regulations	2
	3	Dictionary	2
	4	Notes	2
	5	Main object of regulations	2
	6	The bushfire emergency	3
Part 2	Clearing land
	7	Fire-caused clearing developments exempted from Act, div 6.2	4
	8	Plans of works	5
	9	Endorsement of plans	6
Part 3	Rebuilding
	10	Fire-caused rebuilding developments	8
	11	Previous approval	8
	12	Rebuilding in accordance with previous approvals	9
	13	Exemption from public consultation requirements	9
Dictionary		11
Endnotes
	1	About the endnotes	12
	2	Abbreviation key	12
	3	Legislation history	13
	4	Amendment history	13
	5	Earlier republications	14

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

made under the
Land (Planning and Environment) Act 1991

    

  

Part 1	Preliminary	
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 redevelop 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.

Part 2	Clearing land	
7	Fire-caused clearing 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 clearing 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 clearing 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).

Part 3	Rebuilding
10	Fire-caused rebuilding developments
	For this part, a fire-caused rebuilding development is a development consisting of the erection or alteration of 1 or more buildings or structures on land mentioned in a declaration under regulation 7 (1) (Fire-caused clearing developments exempted from Act, div 6.2), if—
	(a)	any building or structure to be erected replaces a building or structure of the same kind that was located on the land immediately before the beginning of the bushfire emergency, and that was damaged during the bushfire emergency; and
	(b)	any building or structure to be altered was damaged during the bushfire emergency.
11	Previous approval
	(1)	For this part, a development or a design or siting feature of a building or structure is previously approved if, before the beginning of the bushfire emergency, it had been approved under the Act, division 6.2 or the Buildings (Design and Siting) Act 1964 (repealed).
	(2)	However, a development or a design or siting feature is not taken to be previously approved if—
	(a)	the approval was given under the Act, division 6.2 for the development or feature before the beginning of the bushfire emergency; and
	(b)	immediately before the beginning of the bushfire emergency—
	(i)	the period for applying to the administrative appeals tribunal for a review of a decision in relation to the approval under the Act, section 276 (1) (c) (Review—objectors and third parties) had not ended; or
	(ii)	an application to the tribunal for a review of such a decision had been made and the application had not been finally disposed of by the tribunal.
	(3)	In this section:
design or siting feature, of a building or structure, means—
	(a)	its height or gross floor area; or
	(b)	a dwelling or dwellings for which it is used; or
	(c)	its setbacks.
12	Rebuilding in accordance with previous approvals	
The Act, division 6.2 (Approvals) does not apply to a fire-caused rebuilding development if the development has been previously approved, whether or not any development in accordance with the approval has ever been undertaken.
13	Exemption from public consultation requirements	
	(1)	An application for a fire-caused rebuilding development of land is exempt from the application of the Act, section 229 (1) and (5) (Notice of application), section 231 (1) (a) (ii) (Matters to be considered) and subdivision 6.2.2 (Objections) unless the development would result in—
	(a)	the height of any new or altered building or structure being greater than the previously approved height of the building or structure that is replaced or altered; or
	(b)	the gross floor area of any new or altered building or structure being more than 15% greater than the previously approved gross floor area of the building or structure that is replaced or altered; or
	(c)	any new or altered building or structure being used for a greater number of dwellings than were previously approved; or
	(d)	the setbacks for any new or altered building or structure not complying with the lesser of the following:
	(i)	the setbacks recommended under the relevant performance measures and performance criteria set out in the plan, appendix III (Residential design and siting codes);
	(ii)	any setbacks that were previously approved for the building or structure that is replaced or altered.
	(2)	This regulation does not apply if, at the time the application for the development is made, the person who was the lessee of the land at the beginning of the bushfire emergency is no longer the lessee of the land.
	(3)	If, before the beginning of the bushfire emergency, a person had entered into an agreement with the lessee of the land giving the person a right to the transfer of the lease, but no transfer had been registered under the Land Titles Act 1925 in accordance with the agreement, the person is taken for subsection (2) to be the lessee of the land at the beginning of the emergency.

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).
dwelling—see the plan, part D.
fire-caused rebuilding development—see regulation 10.
gross floor area—see the plan, part D.
height—see the plan, part D, definition of height of building.
plan of works—see regulation 8 (1) (Plans of works).
previously approved—see regulation 11.
setback—see the plan, part D.

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)
as amended by
Land (Planning and Environment) (Bushfire Emergency) Amendment Regulations 2003 (No 1) SL2003-7
notified LR 20 February 2003
reg 1, reg 2 commenced 20 February 2003 (LA s 75 (1))
remainder commenced 21 February 2003 (reg 2)
4	Amendment history
Preliminary
pt 1 hdg	ins SL2003-7 reg 4
Commencement
reg 2	om LA s 89 (4)
Main object of regulations
reg 5	am SL2003-7 reg 5
Clearing land
pt 2 hdg	ins SL2003-7 reg 6
Fire-caused clearing developments exempted from Act, div 6.2
reg 7 hdg	sub SL2003-7 reg 7
reg 7	am SL2003-7 reg 8, reg 9
Rebuilding
pt 3 hdg	ins SL2003-7 reg 10
Fire-caused rebuilding developments
reg 10	ins SL2003-7 reg 10
Previous approval
reg 11	ins SL2003-7 reg 10
Rebuilding in accordance with previous approvals
reg 12	ins SL2003-7 reg 10
Exemption from public consultation requirements
reg 13	ins SL2003-7 reg 10
Dictionary
dict	def dwelling ins SL2003-7 reg 11
	def fire-caused rebuilding development ins SL2003-7 reg 11
	def gross floor area ins SL2003-7 reg 11
	def height ins SL2003-7 reg 11
	def previously approved ins SL2003-7 reg 11
	def setback ins SL2003-7 reg 11
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	not amended	10 February 2003	

Unauthorised version prepared by ACT Parliamentary Counsel's Office

©  Australian Capital Territory 2003