Australian Capital Territory Numbered Regulations

PLANNING AND DEVELOPMENT AMENDMENT REGULATION 2008 (NO 1) (NO 8 OF 2008) - REG 32

substitute

1.85     Rural lease developments generally

    (1)     In this section:

"prescribed general exemption criteria" means the general exemption criteria, other than the following:

        (a)     section 1.13 (Criterion  3—metallic, white and off-white exterior finishes in residential zones);

        (b)     section 1.18 (Criterion  8—compliance with other applicable exemption criteria).

Note     General exemption criteria —see s 1.10.

    (2)     A designated development on a rural lease if—

        (a)     if the development is the building or alteration of a building or structure—the development has a plan area of not more than 100m ² ; and

Note     Plan area —see the dictionary.

        (b)     the development does not result in the clearing of more than 0.5ha of native vegetation; and

Note     Native vegetation —see the Nature Conservation Act 1980 , s 73.

        (c)     the development is not contrary to a land management agreement; and

        (d)     the development does not require any of the following:

              (i)     a licence under the Water Resources Act 2007 ;

              (ii)     an environmental authorisation or environmental protection agreement under the Environment Protection Act 1997 ;

              (iii)     an approval under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth); and

Note 1     Under the Water Resources Act 2007 a licence may be required to do development work for water, including work on a water bore, increasing the quantity of ground water or taking water from a waterway.

Note 2     Under the Environment Protection Act 1997 an environmental authorisation or environmental protection agreement may be required to do certain development work, including work causing pollution.

Note 3     Under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) an approval may be required to do certain development work, including work that reduces the population of certain species.

        (e)     the designated development complies with the prescribed general exemption criteria that are applicable to the development.

Note     Designated development —see s 1.2.