Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationsbefore part 3.2, insert
Part 3.1A Exemption assessment matters
21 Number of copies of plans—Act, s 138B (2) (a) (ia)
The number of copies prescribed is—
(a) 1 in electronic form; and
(b) if the person to whom the application is made asks for paper copies—3 copies.
22 Details to be included in exemption assessment application—Act, s 138B (2) (a) (ii)
The following details are prescribed:
(a) in relation to the parcel—
(i) the block and section number and division; and
(ii) the street name and number;
(b) in relation to the applicant—
(i) if the applicant is an entity—the full name of the entity; and
(ii) if the applicant is a company—the company name and the Australian Company Number (ACN); and
(iii) the postal address; and
(iv) if the applicant has an email address—the email address; and
(v) the contact telephone number; and
(vi) if the applicant has a fax number—the fax number;
(c) a brief description of the development;
(d) whether the development has been undertaken and, if so, the commencement and completion dates of the development.
23 Requirements for exemption assessment D notice
(1) This section applies if a works assessor or building surveyor issues an exemption assessment D notice under section 138D (2).
(2) The exemption assessment D notice must—
(a) state—
(i) any information that was used by the works assessor or building surveyor in assessing whether the development is exempt or not; and
(ii) if the works assessor or building surveyor assesses that the development is exempt—whether the development is exempt under—
(A) a development table, and if so, which table; or
(B) the Act, section 134; or
(C) a regulation, and if so, which regulation; and
(iii) the works assessor or building surveyor's name, signature and licence number; and
(iv) the date of the notice; and
(b) include—
(i) a copy of any plans that were used by the works assessor or building surveyor in assessing whether the development is exempt or not; and
(ii) if the works assessor or building surveyor assesses that a single dwelling is exempt under schedule 1, section 1.100 (Compliant single dwellings)—a copy of the survey certificate that was used by the works assessor or building surveyor in assessing that the dwelling is exempt.
(3) If the works assessor or building surveyor assesses that the development is exempt—
(a) the exemption must be marked on, or attached to, or partly marked on or partly attached to, each page of the plans used by the works assessor or building surveyor in the assessment; and
(b) the works assessor or building surveyor must initial, date and mark the works assessor or building surveyor's licence number on each page of the plans.
(4) However, if, because of the size of the plans, it is impractical to mark the exemption on each page of the plans, the works assessor or building surveyor may, instead of marking the exemption under subsection (3) (a), mark each page of the plans with—
(a) the works assessor or building surveyor's initials and licence number and the date; and
(b) an indication that the details of the exemption are in the exemption assessment D notice.
(5) The pages of any document attached to an exemption assessment D notice must be numbered consecutively through each document, starting with the number 1 and each page must state the total number of pages comprising the attached documents.
Example
An exemption assessment D notice has 3 attached documents that total 25 pages. Each page of the attachments, starting from the first page, is numbered as ‘page 1 of 25', ‘page 2 of 25' and so on, until the last page of the final attachment which is numbered ‘page 25 of 25'.
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).