Australian Capital Territory Numbered Regulations

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BUILDINGS (DESIGN AND SITING) REGULATIONS(AMENDMENT) (NO. 43 OF 1993) - REG 5

5. Regulation 9 of the Principal Regulations is amended—

    (a)     by omitting subregulation (1) and substituting the following subregulation:

“(1) Sections 229 and 276 of the applied Part do not apply in relation to an application for external design and siting approval where—

        (a)     in the case of a building—the external design and siting of the building meets the applicable requirements referred to in paragraph 3.1 of the relevant land use policy in Parts B1 to B5 (inclusive) and B7 to B15 (inclusive) of the Plan;

        (b)     in the case of a sign—the external design and siting of the sign meets the applicable requirements in Part C3 of the Plan; or

        (c)     in the case of works on defined land—the works are to be carried out for or on behalf of the Territory.”; and

    (b)     by omitting subregulation (3) and substituting the following subregulation:

“(3) In this regulation—

‘defined land' means land identified in the Plan for the purposes of Subdivision D of Division 3 of the Land Act;

‘works' means—

        (a)     any works affecting—

              (i)     the appearance of, or works for or in connection with the construction or provision of, a structure; or

              (ii)     in the case of the construction of a channel, tunnel or the provision of gas, water, sewerage or electrical services—works for the excavation, construction or installation of the channel or tunnel, or those services; or

        (b)     any excavation of, or other modification to, a parcel of land, other than an excavation (not being an excavation for the purpose of the construction of the building) or any other modification to the landscape of the parcel of land on which the building is built or is proposed to be built, that would significantly alter the topography of the land.”.

   



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