Australian Capital Territory Numbered Regulations

LAND (PLANNING AND ENVIRONMENT) REGULATIONS(AMENDMENT) (NO. 19 OF 1992) - REG 5

        (a)     by omitting from subregulations (2), (3) and (4) “Part VI of the Act does” and substituting “Sections 229 and 276 of the Act do”; and

    (b)     by adding at the end the following subregulations:

“(7) Sections 229 and 276 of the Act do not apply in respect of a controlled activity of the kind referred to in item 6 of Schedule 4 of the Act where the encroachment is—

        (a)     an encroachment by a building that was erected before 2 April 1992; or

        (b)     an encroachment by a building that has been erected in conformity with—

              (i)     proposals with respect to the external design and the siting of the building that were approved in writing under the Buildings (Design and Siting) Act 1964 before 2 April 1992; and

              (ii)     any conditions subject to which that approval was given.

“(8) In subregulation (7)—

‘building' has the same meaning as in the Buildings (Design and Siting) Act 1972 .”.