Australian Capital Territory
Planning and Development Amendment Regulation 2009 (No 2)
Subordinate Law SL2009-8

The Australian Capital Territory Executive makes the following regulation under the Planning and Development Act 2007.
Dated 20 March 2009.
Andrew Barr
Minister
Katy Gallagher
Minister

Australian Capital Territory
Planning and Development Amendment Regulation 2009 (No 2)
Subordinate Law SL2009-8
made under the
Planning and Development Act 2007

    

1	Name of regulation
This regulation is the Planning and Development Amendment Regulation 2009 (No 2).
2	Commencement
This regulation commences on a day fixed by the Minister by written notice.
Note 1	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2	A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
Note 3	If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).
3	Legislation amended
This regulation amends the Planning and Development Regulation 2008.
4	Schedule 1, new division 1.3.6A
insert
Division 1.3.6A	Exempt developments—schools
Subdivision 1.3.6A.1	Preliminary
1.96	Definitions—div 1.3.6A
In this division:
commencement day means the day this division commences. 
existing ground level means the ground level of the relevant area on the commencement day.
existing school means 1 of the following that exists on the commencement day:
	(a)	a government school within the meaning of the Education Act 2004; 
	(b)	a non-government school  within the meaning of the Education Act 2004;
	(c)	a childcare centre, licensed under the Children and Young People Act 2008, section 747, primarily for the education of young children.
Examples—education of young children
preschool, early learning centre
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
young child—see the Children and Young People Act 2008, section 733 (3).
1.97	Meaning of existing school campus—regulation
In this regulation:
existing school campus means the grounds, including the boundary, of an existing school on the commencement day.
1.98	Application—div 1.3.6A
This division applies to a development or other activity only if it is on an existing school campus.
1.99	General exemption criteria
Unless otherwise stated in a provision, a development to which this division applies must comply with the general exemption criteria (other than schedule 1, section 1.18) that are applicable to the development.
Note 1 	General exemption criteria—see s 1.10.
Note 2	Section 1.18 deals with compliance with other general exemption criteria that apply to the development.
1.99A	Activities not developments
An activity mentioned in this division that is not a development is not taken to be a development only because it is exempt under this division.
1.99B	Review of division
	(1)	The planning and land authority must review the operation of this division not later than 30 September 2012.
	(2)	In undertaking the review, the planning and land authority must assess the use and effectiveness of each type of exemption in this division.
	(3)	After the review, the planning and land authority must prepare a notice (the review notice) stating—
	(a)	that the authority has reviewed the division; and
	(b)	the authority’s findings on the review, including a summary of any comments from the community on the operation of this division.
	(4)	The planning and land authority must give the review notice to the Minister.
	(5)	The review notice is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(6)	This section expires on 31 March 2013. 
Subdivision 1.3.6A.2	Exemptions—schools
1.99C	Schools—new buildings or alterations to buildings
	(1)	A designated development for building a new building or altering or demolishing an existing building (and carrying out any related earthworks or other construction work on or under the land) if— 
	(a)	the building is—
	(i)	a class 3 building; or
	(ii)	a class 9b building; and
Example—class 3 building 
dormitory
Examples—class 9b buildings
hall, auditorium, gymnasium, library, classroom
Note 1	Class, for a building or structure, means the class of building or structure under the building code (see dict).
Note 2	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(b)	the building is not within 6m of the boundary of a residential zone; and
	(c)	the height of the building is not more than—
	(i)	if the building is within 30m of the boundary of a residential zone—6m above existing ground level; or
	(ii)	in any other case—12m above existing ground level.
	(2)	This section expires on 31 March 2013.
	(3)	However, this section does not expire under subsection (2) if, before 31 March 2013, the Legislative Assembly by resolution continues this section.
	(4)	If a resolution is passed for this section, the Speaker must ask the parliamentary counsel to notify a notice of the resolution.
	(5)	If this section continues under subsection (3), subsections (2) to (4) and this subsection expire on the day after the day the notice of the resolution is notified.
1.99D	Schools—minor alterations
	(1)	A designated development for altering a building (and carrying out any related earthworks or other construction work on or under the land) if—
	(a)	the development will not increase the gross floor area of the building by more than 5%; and
	(b)	the development is not otherwise exempt under this division.
Examples—alterations
air lock, small utility room
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	This section expires on 31 March 2013.
1.99E	Schools—entrances
	(1)	In this section:
school entrance—
	(a)	means a public entrance to the school whether freestanding or part of a building; and
	(b)	includes any associated structure.
Examples—associated structures
portico, awning, canopy, landing, access ramp
Note 	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	A designated development for building or installing a school entrance (and carrying out any related earthworks or other construction work on or under the land) if—
	(a)	the entrance—
	(i)	does not have a roof; or
	(ii)	is not enclosed on all sides; and
	(b)	the height of the entrance is not more than 6m above existing ground level.
1.99F	Schools—verandahs etc
	(1)	In this section:
verandah includes a balcony, awning, portico or landing.
	(2)	A designated development for building or installing a verandah (and carrying out any related earthworks or other construction work on or under the land) if—
	(a)	the height of the verandah is not more than—
	(i)	if the verandah is within 30m of the boundary of a residential zone—6m above existing ground level; or
	(ii)	in any other case—12m above existing ground level; and
	(b)	the verandah is not within 6m of the boundary of a residential zone; and
	(c)	the verandah is unenclosed on at least 1 side.
Note	An external verandah may also be exempt under s 1.49.
1.99G	Schools—signs
	(1)	Putting up, attaching or displaying a sign or altering or removing a sign if—
	(a)	the sign displays, or is intended to display, only school information; and
	(b)	the height of the sign is not more than 3.6m above existing ground level; and
	(c)	the sign is not both illuminated and animated.
Example—both illuminated and animated
flashing neon
Note 1	A sign may also be exempt under div 1.3.3.
Note 2	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	In this section:
school information includes—
	(a)	the name of the school; or
	(b)	the school motto; or
	(c)	information about the school’s facilities; or
	(d)	directional information; or
	(e)	information about upcoming events for the school; or
	(f)	information about the school’s achievements; or
	(g)	information about the source of funding for works undertaken at the school.
1.99H	Schools—playground and exercise equipment
	(1)	In this section:
playground and exercise equipment includes swings, monkey bars, slippery dips, cubby houses, ropes and nets. 
	(2)	A designated development for building or installing playground and exercise equipment (and carrying out any related earthworks or other construction work on or under the land).
1.99I	Schools—fences
	(1)	In this section:
fence includes—
	(a)	a fence around the boundary, or part of the boundary, of an existing school campus; and
	(b)	a fence within an existing school campus, including a fence—
	(i)	around, or partly around, a playground or playing field; or
	(ii)	between buildings; and
	(c)	a gate that forms part of, or functions as, a fence.
playing field means an open space that is designed, or can be used, for playing or practising organised sport.
Examples—playing fields
tennis court, football oval, athletics track, basketball court, cricket oval, cricket practice nets
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	A designated development for building or installing a fence (and carrying out any related earthworks or other construction work on or under the land) if—
	(a)	the height of the fence is not more than—
	(i)	if the fence is around, or partly around, a playing field—4m above existing ground level; or
	(ii)	in any other case—2.4m above existing ground level; and
	(b)	no vertical component of the fence is spiked.
1.99J	Schools—shade structures
A designated development for building or installing a shade structure (and carrying out any related earthworks or other construction work on or under the land) if—
	(a)	the height of the shade structure is not more than 10m above existing ground level; and
	(b)	the plan area of the shade structure is not more than 200m2; and
	(c)	the shade structure is unenclosed on at least 2 sides.
1.99K	Schools—covered external walkways
A designated development for building or installing a covered walkway (and carrying out any related earthworks or other construction work on or under the land) if—
	(a)	the height of the walkway is not more than—
	(i)	if the walkway is within 30m of the boundary of a residential zone—6m above existing ground level; or
	(ii)	in any other case—12m above existing ground level; and
	(b)	the walkway is unenclosed on at least 1 side.
1.99L	Schools—flag poles
	(1)	In this section:
flag pole includes a lanyard, flag or other item associated with a flag pole.
	(2)	A designated development for building or installing a flag pole (and carrying out any related earthworks or other construction work on or under the land) if the height of the flag pole is not more than 10m above existing ground level.
1.99M	Schools—water tanks
A designated development for building or installing a water tank (and carrying out any related earthworks or other construction work on or under the land) if the water tank has a diameter of 8m or less.
Note	A water tank may also be exempt under s 1.55.
1.99N	Schools—landscape gardening
	(1)	A designated development for landscape gardening (other than the construction of a retaining wall), and carrying out any related earthworks or other construction work on or under the land, if—
	(a)	the landscape gardening is defined landscaping; and
	(b)	if the landscape gardening affects an existing public pedestrian access way, footpath or bicycle path—the landscape gardening maintains existing public access to the access way, footpath or bicycle path.
Note 1	For retaining walls generally, see s 1.53.  (Other provisions, eg decks (see s 1.48) and swimming pools (see s 1.54) may be relevant.)
Note 2	Work by the Territory that affects the landscape of land may also be exempt under s 1.91.	
	(2)	For subsection (1) (b), section 1.11 (Criterion 1—easement and other access clearances) does not apply to the landscape gardening unless the landscape gardening involves the construction or installation of a structure.
	(3)	In this section:
defined landscaping means landscaping in relation to 1 or more of the following:
	(a)	a footpath;
	(b)	a landing;
	(c)	artificial grass;
	(d)	any other landscape structure (other than a retaining wall), or earthworks, if the vertical distance from the top of the structure or earthworks to existing ground level is not more than—
	(i)	if the top of the structure or earthworks is above existing ground level—0.4m; or
	(ii)	if the top of the structure or earthworks is below finished ground level—1.2m.
Note	Finished ground level—see the territory plan (13 Definitions).
1.99O	Schools—car parks
	(1)	A designated development for building or installing a car park (and carrying out any related earthworks or other construction work on or under the land) on existing ground level if the car park does not reduce the area of a playing field.
	(2)	In this section:
playing field means an open space that is designed, or can be used, for playing organised sport.
Examples—playing fields
tennis court, football oval, athletics track, basketball court, cricket oval
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
1.99P	Schools—bicycle enclosures
A designated development for building or installing a bicycle enclosure (and carrying out any related earthworks or other construction work on or under the land).
1.99Q	Schools—toilet and change room facilities
A designated development for building or installing a toilet facility or change room facility (and carrying out any related earthworks or other construction work on or under the land) if the facility is not within 6m of the boundary of a residential zone.
1.99R	Schools—driveways
A designated development for sealing or resealing a driveway (and carrying out any related earthworks or other construction work on or under the land) if 1 or more of the following materials is used:
	(a)	concrete (including coloured or patterned concrete);
	(b)	bitumen;
	(c)	pavers, including bricks;
	(d)	timber;
	(e)	grass, including stabilising treatment.
1.99S	Schools—security cameras
Installing a security camera.
1.99T	Schools—external lighting
Installing external lighting, including security lighting and flood lighting (other than flood lighting for a playing field).
1.99U	Schools—demountable and transportable buildings
A designated development for building or installing a demountable or transportable building (and carrying out any related earthworks or other construction work on or under the land) if the building is not within 6m of the boundary of a residential zone.
1.99V	Schools—class 10b structures
A designated development for building or installing a class 10b structure (and carrying out any related earthworks or other construction work on or under the land) if—
	(a)	the structure is not within 6m of the boundary of a residential zone; and
	(b)	the development is not otherwise exempt under this division.
Examples—class 10b structures
retaining or freestanding wall, mast or antenna, swimming pool
Note 1	A class 10b structure may also be exempt under subdiv 1.3.2.3.
Note 2	A fence may be exempt under section 1.99I.
Note 3	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
5	Schedule 1, section 1.101 (b) (i) and note
substitute
	(i)	the relevant rules in any relevant precinct code; and
Note	Relevant rules—see the Act, dictionary.  
	(ia)	to the extent that they are not inconsistent with the relevant rules in a relevant precinct code—the relevant rules in the Residential Zones Single Dwelling House Development Code; and
Note 1	The general exemption criteria are not applied because the relevant rules in the territory plan include requirements to similar effect as the criteria.
Note 2	Other territory laws, including the Heritage Act 2004, must be complied with (see s 1.4 and s 1.14).
6	Dictionary, new definitions
insert
commencement day, for schedule 1, division 1.3.6A (Exempt developments—schools)—see schedule 1, section 1.96. 
existing ground level, for schedule 1, division 1.3.6A (Exempt developments—schools)—see schedule 1, section 1.96.
existing school, for schedule 1, division 1.3.6A (Exempt developments—schools)—see schedule 1, section 1.96.
existing school campus—see schedule 1, section 1.97.
young child, for schedule 1, division 1.3.6A (Exempt developments—schools)—see schedule 1, section 1.96.

Endnotes
1	Notification
	Notified under the Legislation Act on 20 March 2009.
2	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2009