Australian Capital Territory Numbered Regulations

LAND (PLANNING AND ENVIRONMENT) (BUSHFIRE EMERGENCY) REGULATIONS 2003 (NO 4 OF 2003) - REG 7

    (1)     The Minister may, in writing, declare that these regulations apply to land mentioned in the declaration.

    (2)     A declaration is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act.

    (3)     The Act, division 6.2 (Approvals) does not apply to a fire-caused development on land mentioned in a declaration under subregulation (1) if––

        (a)     a registered construction practitioner endorses a plan of works in relation to the work included in the development; and

        (b)     the development is carried out in accordance with the plan of works; and

        (c)     the development is carried out by a person in accordance with—

              (i)     an agreement between the person and the owner of the land that is approved by the building controller ; and

              (ii)     any conditions approved by the building controller; and

        (d)     the development is carried out in accordance with Australian Standard 2601.

    (4)     For subsection (3), a development is a fire-caused development if the development is—

        (a)     the demolition of a building or structure damaged during the bushfire emergency by fire or in the course of fighting fire; or

        (b)     work mentioned in paragraph (a) and other work reasonably necessary to reduce possible damage by future fires that consists of––

              (i)     earthworks or other construction work on or under the land; or

              (ii)     if the land is specified land––other work that would affect the landscape of the land.

    (5)     In this regulation:

"specified land" means land that is—

        (a)     not leased for residential purposes; or

        (b)     leased for residential purposes and not specified in the heritage places register, or an interim heritage places register, as a heritage place.