Australian Capital Territory

Land (Planning and Environment) Amendment Regulations 2004 (No 1)
Subordinate Law SL2004-12

The Australian Capital Territory Executive makes the following regulations under the Land (Planning and Environment) Act 1991.
Dated 29 April 2004.
Simon Corbell
Minister
Katy Gallagher
Minister

Australian Capital Territory

Land (Planning and Environment) Amendment Regulations 2004 (No 1)
Subordinate Law SL2004-12
made under the
Land (Planning and Environment) Act 1991

    

    
Contents
	Page
	1	Name of regulations	1
	2	Commencement	1
	3	Legislation amended	1
	4	New regulation 4A	1
	5	Regulation 40 (4) (b)	1
	6	New regulation 40 (5) and (6)	2
	7	Regulation 41 (3)	2
	8	Regulation 42 heading	2
	9	New regulation 42 (3) to (5)	3
	10	Regulation 43 heading	4
	11	Regulation 43 (3)	4
	12	Schedule 1, item 31	4
	13	Schedule 6 heading	4
	14	Schedule 6, item 2	5
	15	Schedule 7 heading	5
	16	Schedule 7, item 2	5

1	Name of regulations
These regulations are the Land (Planning and Environment) Amendment Regulations 2004 (No 1).
2	Commencement
These regulations commence on the day after their notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
These regulations amend the Land (Planning and Environment) Regulations 1992.
4	New regulation 4A
in part 1, insert
4A	Application of amendments by Land (Planning and Environment) Amendment Regulations 2004 (No 1)
	(1)	The amendments of these regulations by the Land (Planning and Environment) Amendment Regulations 2004 (No 1) do not apply to an application to undertake a development made before the commencement of the amendments.
	(2)	This regulation expires 6 months after the day it commences.
5	Regulation 40 (4) (b)
substitute
	(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
6	New regulation 40 (5) and (6)
insert
	(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.
7	Regulation 41 (3)
omit
8	Regulation 42 heading
substitute
42	Exclusion of appeals—general
9	New regulation 42 (3) to (5)
insert
	(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.
10	Regulation 43 heading
substitute
43	Exclusion of appeals by objectors and third parties—Act, s 276
11	Regulation 43 (3)
substitute
	(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.
12	Schedule 1, item 31
omit
13	Schedule 6 heading
substitute
Schedule 6	Exclusion of appeals, general—Act, s 275
(see reg 42)
14	Schedule 6, item 2
substitute
2	A development if the application for the development is decided by the Minister after consideration under the Act, section 229B.	
15	Schedule 7 heading
substitute
Schedule 7	Exclusion of appeals by objectors and third parties—Act, s 276
(see reg 43)
16	Schedule 7, item 2
substitute
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	

Endnotes
1	Notification
	Notified under the Legislation Act on 29 April 2004.
2	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

 Australian Capital Territory 2004