Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationssubstitute
[5.1] New sections 429A to 429F
insert
429A Modification—s 197 (Applications to amend development approvals)
Section 197 (1) applies as if it read as follows:
‘(1) This section applies if—
(a) the planning and land authority has given development approval for a development proposal (the original development proposal ); and
(b) the development proposal changes (the changed development proposal ) so that it is not covered by the approval; and
(c) section 198C (When development approvals do not require amendment) does not apply to the changed development proposal.'
429B Modification—s 198 (Deciding applications to amend development approvals)
Section 198 (4) applies as if it read as follows:
‘(4) To remove any doubt, if public notification of the proposed development is required under the assessment track that applies to the proposed development and the requirement to publicly notify the application is not waived under subsection 198B, only the application for the amendment need be publicly notified.'
429C Modification—div 7.3.11 (Correction and amendment of development approvals)
Division 7.3.11 applies as if the following sections were inserted:
‘ 198A Exception to referral requirement under s 198 (1) (b)
(1) This section applies if—
(a) a development application was referred to an entity under division 7.3.3 (Referral of development applications); and
(b) an application for amendment of the development approval to which the development application related must be referred to the entity under section 198 (1) (b); and
Note For the referral requirement, see s 145.
(c) the planning and land authority is satisfied that the application for amendment does not affect any part of the development approval in relation to which the entity made a comment.
(2) Despite section 198 (1) (b), the planning and land authority need not refer the application for amendment to the entity.
198B Exception to notification requirement under s 198 (1) (b)
Despite section 198 (1) (b), the planning and land authority may waive the requirement to publicly notify an application for amendment of a development approval if satisfied that—
(a) no-one other than the applicant will be adversely affected by the amendment; and
(b) the environmental impact caused by the amendment will do no more than minimally increase the environmental impact of the development.
Note For the notification requirement, see s 146.
198C When development approvals do not require amendment
(1) This section applies if—
(a) the planning and land authority has given development approval for a development application; and
(b) the development is changed so that it is not covered by the approval.
(2) A regulation may prescribe the circumstances in which a development in accordance with the changed development is taken to be in accordance with the development approval.
Note 1 The development may still need building approval, or further building approval, under the Building Act 2004 .
Note 2 The development must also comply with the lease for the land on which it is carried out.'
429D Modification—s 203 (Development other than use lawful when begun)
Section 203 (1) (c) applies as if it read as follows:
‘(c) after the person undertakes, or begins, the development, the development stops being exempt because of an amendment of this Act.
Note A reference to an Act includes a reference to the statutory instruments (eg the territory plan) made or in force under the Act, including any regulation (see Legislation Act, s 104).'
429E Modification—s 204 (Use as development lawful when begun)
Section 204 (1) (c) applies as if it read as follows:
‘(c) the use stops being exempt because of an amendment of this Act.
Note A reference to an Act includes a reference to the statutory instruments (eg the territory plan) made or in force under the Act, including any regulation (see Legislation Act, s 104).'
429F Modification—s 298A (Application for extension of time to commence or complete building and development)
Section 298A (5), definition of D applies as if it and the note read as follows:
‘"D" means—
(a) the number of days for which the extension is sought; or
(b) if more than 1 extension for the lease is sought in the application—the highest of the number of days for which the extensions are sought.
Example—par (b)
if both a 6-month extension is being sought to commence building work and a 12-month extension to complete the building work, the number for D is 365
Note 1 The required fee may be waived under the Financial Management Act 1996 , s 131.
Note 2 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).'