Australian Capital Territory Numbered Regulations

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LAND (PLANNING AND ENVIRONMENT) REGULATIONS (NO. 5 OF 1992) - REG 20

20. For the purposes of subsection 256 (6) of the Act, the prescribed period is—

        (a)     where—

              (i)     an application is made under subsection 256 (1) of the Act for an order in respect of an activity referred to in item 2 or 3 of Schedule 5 of the Act;

              (ii)     application had previously been made under section 226 of the Act for approval to conduct the activity in respect of which the order is sought, being an application which the Minister had not approved or refused to approve before the making of the application under subsection 256 (1) of the Act; and

              (iii)     the Minister approves the application under section 226 of the Act;

21 days commencing on the day on which the approval of the application under section 226 of the Act takes effect;

        (b)     where—

              (i)     an application is made under subsection 256 (1) of the Act for an order in respect of an activity referred to in item 2 or 3 of Schedule 5 of the Act;

              (ii)     application is made under section 226 of the Act for approval to conduct the activity in respect of which the order is sought, being an application made within the period of 21 days commencing on the day on which the Minister receives the application under subsection 256 (1) of the Act; and

              (iii)     the Minister approves the application under section 226 of the Act;

21 days commencing on the day on which the approval of the application under section 226 of the Act takes effect;

        (c)     where—

              (i)     an application is made under subsection 256 (1) of the Act for an order in respect of an activity referred to in item 2 or 3 of Schedule 5 of the Act;

              (ii)     application had previously been made under section 226 of the Act for approval to conduct the activity in respect of which the order is sought, being an application which the Minister had not approved or refused to approve before the making of the application under subsection 256 (1) of the Act; and

              (iii)     the Minister refuses to approve the application under section 226 of the Act or is to be taken to have refused the application;

21 days commencing on—

              (iv)     the day on which the Minister notifies the applicant for approval under section 226 of the Act of his or her refusal to approve the application; or

              (v)     the first day on which the Minister is to be taken to have refused the application;

as the case requires;

        (d)     where—

              (i)     an application is made under subsection 256 (1) of the Act for an order in respect of an activity referred to in item 2 or 3 of Schedule 5 of the Act;

              (ii)     application is made under section 226 of the Act for approval to conduct the activity in respect of which the order is sought, being an application made within the period of 21 days commencing on the day on which the Minister receives the application under subsection 256 (1) of the Act; and

              (iii)     the Minister refuses to approve the application under section 226 of the Act or is to be taken to have refused the application;

21 days commencing on—

              (iv)     the day on which the Minister notifies the applicant for approval under section 226 of the Act of his or her refusal to approve the application; or

              (v)     the first day on which the Minister is to be taken to have refused the application;

as the case requires; or

        (e)     in any other case—21 days commencing on the day on which the Minister receives the application under subsection 256 (1).

Exemption of controlled activities from provisions of Part VI of the Act


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