Australian Capital Territory Numbered Regulations

PLANNING AND DEVELOPMENT REGULATION 2008 (NO 2 OF 2008)

- made under the Planning and Development Act 2007

TABLE OF PROVISIONS

CHAPTER 1--PRELIMINARY

   1.      Name of regulation  
   2.       Commencement  
   3.      Dictionary  
   4.      Notes  
   5.      Meaning of dwelling—regulation  

CHAPTER 2--STRATEGIC ENVIRONMENTAL ASSESSMENTS

   10.     Meaning of proposal—ch 2  
   11.     Development of strategic environmental  
   12.     Stage A—setting context and establishing baseline  
   13.     Stage B—developing alternatives and deciding scope  
   14.     Stage C—assessing environmental benefits and impacts  
   15.     Stage D—consultation  
   16.     Stage E—monitoring  
   17.     Contents of strategic environmental  

CHAPTER 3--DEVELOPMENT APPROVALS

   PART 3.1--EXEMPTIONS FROM REQUIREMENT FOR DEVELOPMENT APPROVAL

   20.     Exempt developments—Act, s 133, def exempt development, par  

   PART 3.2--DEVELOPMENT APPLICATIONS

   25.     When survey certificate not required for development applications—Act, s 139  
   26.     Referral of certain development  
   27.     Public notification of merit track development applications—Act, s 152, par  
   28.     Public consultation period—Act, s 157, def public consultation  
   29.     Conditions for code track proposals—Act, s 165 (4)  

CHAPTER 4--ENVIRONMENTAL IMPACT STATEMENTS AND INQUIRIES

   PART 4.1--ENVIRONMENTAL IMPACT STATEMENTS

   50.     Preparation of EIS—Act, s 208 (1)  
   51.     Entities relevant for preparation of scoping documents—Act, s 212  
   52.     Time for consulting entities on preparation of scoping documents  
   53.     Extension of time for giving comments on scoping documentation  
   54.     Content of scoping documents—Act, s 213 (1)  
   55.     Criteria for consultants—Act, s 213 (3),  

   PART 4.2--INQUIRY PANELS

   70.     Definitions—pt 4.2  
   71.     List of experts for inquiry panels  
   72.     Conflict of interests to be considered in appointing panel members  
   73.     Disclosure of interests by panel members  
   74.     Presiding member's functions  
   75.     Constitution of inquiry panels  
   76.     Inquiries to be public  
   77.     General procedure for inquiry panels  
   78.     Arrangements for the use of staff and facilities  

CHAPTER 5--LEASES GENERALLY

   PART 5.1--DIRECT SALE OF LEASES

           Division 5.1.1--Interpretation—pt 5.1

   100.    Definitions—pt 5.1  
   101.    Meaning of business-case criteria and business-case  
   102.    Meaning of City West precinct—pt 5.1  

           Division 5.1.2--Direct sales approved by Executive

   105.    Direct sales requiring approval by Executive—Act, s 240 (1)  
   106.    Direct sale criteria for territory  
   107.    Direct sale criteria for Commonwealth  
   108.    Direct sale criteria for non-government educational  
   109.    Direct sale criterion for unallocated land for housing  
   110.    Direct sale criteria for leases of contiguous unleased land that is public  
   111.    Direct sale criteria for City West precinct land for Australian National  
   112.    Direct sale criteria for community  
   113.    Direct sale criteria for supportive  
   114.    Direct sale criteria for rural leases—Act, s 240 (1) (a)  

           Division 5.1.3--Direct sales approved by Minister

   120.    Direct sales requiring approval by  
   121.    Direct sale criteria for  
   122.    Direct sale criteria for leases of contiguous unleased land other than public  

   PART 5.2--GRANTS OF LEASES GENERALLY

   140.    Period for failure to accept and execute lease—Act,  

   PART 5.3--GRANTS OF FURTHER LEASES

   150.    Criteria for grant of further leases for unit title schemes—Act, s 254 (1)  
   151.    Criteria for grant of further leases for community title schemes—Act, s 254  

   PART 5.4--LEASE VARIATIONS

   160.    Lease classes for variation to pay out rent—Act,  

   PART 5.5--CHANGE OF USE CHARGES

           Division 5.5.1--Added value

   170.    Meaning of added value—pt 5.5  

           Division 5.5.2--Remission of change of use charges

   175.    Remission of change of use charges generally—Act, s 278 (1) and  
   176.    Remission of change of use charges for housing commissioner—Act, s 278 (1) and  
   177.    Policy directions about remission of change of use charges—Act, s 278 (1)  

           Division 5.5.3--Increase of change of use charge

   180.    Meaning of recently commenced lease—div 5.5.3  
   181.    Increase of change of use charge for concessional leases—Act, s 279 (1) and  
   182.    Increase of change of use charge for recently commenced leases—Act, s 279  

   PART 5.6--DISCHARGE AMOUNTS FOR RURAL LEASES

   190.    Definitions—pt 5.6  
   191.    Discharge amount for rural leases other than special Pialligo leases—Act, s 282, def  
   192.    Discharge amount for special Pialligo leases—Act, s 282, def discharge  

   PART 5.7--TRANSFER OR ASSIGNMENT OF LEASES SUBJECT TO BUILDING AND DEVELOPMENT PROVISION

   200.    Personal reasons for noncompliance with building and development provision—Act,  
   201.    Matters for transfer or assignment of leases—Act,  

   PART 5.8--SURRENDERING AND TERMINATING LEASES

   210.    Amount of refund on surrender or termination of certain leases—Act,  
   211.    Limitations for refund on surrender or termination of leases—Act,  

   PART 5.9--SUBLETTING OF LEASES

   220.    Criteria for approving subletting of land—Act, s 308 (2)  

CHAPTER 6--CONCESSIONAL LEASES

   240.    Concessional lease exclusions—Act, s 235 (1), def concessional lease,  

CHAPTER 7--CONTROLLED ACTIVITIES

   300.    Period for deemed refusal of application for controlled activity order—Act, s  
   301.    Time for deemed decision not to make controlled activity order—Act, s  

CHAPTER 8--REVIEWABLE DECISIONS

   350.    Merit track decisions exempt from third-party AAT review—Act, sch 1,  
   351.    Impact track decisions exempt from third-party AAT review—Act, sch 1, item  

CHAPTER 9--BUSHFIRE EMERGENCY REBUILDING

   370.    Main object—ch 9  
   371.    Definitions—ch 9  
   372.    Meaning of bushfire emergency—ch 9  
   373.    Fire-caused rebuilding developments—ch 9  
   374.    Previous approval—ch 9  
   375.    Rebuilding in accordance with previous approvals—Act, s 133, def exempt  

CHAPTER 10--MISCELLANEOUS

   400.    Disapplication of Legislation Act, s 47 (5) and (6)  
   401.    Expiry of City West precinct provisions  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           DICTIONARY
           ENDNOTES