Australian Capital Territory
Planning and Development Amendment Regulation 2012 (No 3)
Subordinate Law SL2012-23

The Australian Capital Territory Executive makes the following regulation under the Planning and Development Act 2007.
Dated 13 June 2012.
Simon Corbell
Minister
Andrew Barr
Minister

Australian Capital Territory
Planning and Development Amendment Regulation 2012 (No 3)
Subordinate Law SL2012-23
made under the
Planning and Development Act 2007

    

1	Name of regulation
This regulation is the Planning and Development Amendment Regulation 2012 (No 3).
2	Commencement
This regulation commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This regulation amends the Planning and Development Regulation 2008.
4	New section 50A
insert
50A	Criteria for development application exemption from EIS—Act, s 211 (3)
The following criteria are prescribed:
	(a)	whether the study was conducted by an appropriately qualified person with relevant expertise and experience in relation to the environmental values of the land in the proposal;
	(b)	if the study does not relate directly to the proposal—whether there is sufficient detail to allow assessment of the environmental impacts likely to occur if the proposal proceeds;
	(c)	whether the part of the study relevant to the proposal required public consultation through a statutory process or as part of a government policy development;
	(d)	that the study is not more than 5 years old; 
	(e)	if the study is more than 18 months old—that an appropriately qualified person with no current professional relationship with the proponent verifies that the information in the study is current.
Example—par (c)
the public consultation process in a Territory plan variation under the Act, div 5.3.2
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).

Endnotes
1	Notification
	Notified under the Legislation Act on 21 June 2012.
2	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2012