Australian Capital Territory Numbered Regulations

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LAND (PLANNING AND ENVIRONMENT) REGULATIONS (NO. 5 OF 1992) - REG 22

22. (1) Where application is made under section 226 of the Act for approval to conduct a controlled activity and the applicant will only be able to undertake the controlled activity if he or she obtains approval to conduct another controlled activity, being a controlled activity for which the applicant has made application for approval under section 226 of the Act but for which approval has not been granted, the period prescribed for the purposes of subsection 230 (4) of the Act in respect of the first-mentioned application is extended by the period prescribed for the purposes of that subsection in respect of the other controlled activity.

(2) Where—

        (a)     application is made under section 226 of the Act for approval to conduct a controlled activity;

        (b)     the applicant for approval applies to the Minister under subsection 228 (1) of the Act for a part of any copy of the application under section 226 to be excluded from being made available to the public or for public inspection;

        (c)     the Minister, under subsection 228 (2) of the Act, refuses to approve the application under subsection 228 (1); and

        (d)     the Minister receives notification pursuant to subsection 27 (11) of the Administrative Appeals Tribunal Act 1989 that the applicant has made application to the Tribunal for a review of the decision of the Minister under subsection 228 (2) of the Act;

the period prescribed for the purposes of subsection 230 (4) of the Act that is applicable to the application under section 226 is extended by a period equal to the period commencing on the day on which the Minister receives the notice under subsection 27 (11) of the Administrative Appeals Tribunal Act 1989 and ending on the day on which the proceedings in the Tribunal are concluded.

(3) Where—

        (a)     application is made under section 226 of the Act for approval to conduct a controlled activity; and

        (b)     the Minister, pursuant to subsection 233 (1) of the Act, requires the applicant to furnish further information relating to the application;

the period prescribed for the purposes of subsection 230 (4) of the Act in respect of the application is extended by a period equal to the period commencing on the day on which the Minister gives the applicant the notice under subsection 233 (1) of the Act requiring the information and ending on—

        (c)     the day on which the applicant furnishes the Minister with the information required by the notice; or

        (d)     the day on which the applicant is required to comply with the notice;

whichever first occurs.

(4) Where—

        (a)     application is made under section 226 of the Act for approval to conduct a controlled activity; and

        (b)     the relevant Minister, or the Environment Minister, pursuant to section 113 of the Act, directs the applicant to prepare a preliminary assessment of the environmental impact of conducting the controlled activity;

the period prescribed for the purposes of subsection 230 (4) of the Act that is applicable to the application is extended by a period equal to the period commencing on the day on which the relevant Minister or the Environment Minister gives the applicant the notice under section 113 of the Act directing the applicant to prepare the preliminary assessment and ending on the day 42 days after the day on which the applicant submits the preliminary assessment to the Environment Minister.

(5) Where—

        (a)     application is made under section 226 of the Act for approval to conduct a controlled activity; and

        (b)     the Minister directs an Assessment to be made about any aspect of the application;

the period prescribed for the purposes of subsection 230 (4) of the Act that is applicable to the application is extended by a period equal to the period commencing on the day on which the Minister directs the Assessment to be made and ending on the day on which the report referred to in section 131 of the Act relating to the Assessment is completed.

(6) Where—

        (a)     application is made under section 226 of the Act for approval to conduct a controlled activity; and

        (b)     the Minister establishes a panel to conduct an Inquiry about an aspect of the application;

the period prescribed for the purposes of subsection 230 (4) of the Act that is applicable to the application is extended by a period equal to the period commencing on the day on which the Minister establishes the panel to conduct the Inquiry and ending on the day on which the report of the panel's findings and recommendations are laid before the Legislative Assembly pursuant to subsection 141 (1) of the Act.

(7) Where application is made under section 226 of the Act for approval to conduct a controlled activity, the period prescribed for the purposes of subsection 230 (4) of the Act in respect of that application may be extended by any period agreed in writing by the Minister and the applicant.


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