Australian Capital Territory Numbered Regulations

PLANNING AND DEVELOPMENT AMENDMENT REGULATION 2008 (NO 3) (NO 33 OF 2008) - REG 5

insert

Part 3.3     Development approvals—when amendment not required

35     When development approvals do not require amendment—Act, s 198C (2)

Development in accordance with the changed development proposal is taken to be in accordance with the development approval if—

        (a)     the change relates only to a matter (the relevant matter ) to which schedule 1A (Permitted variations to approved and exempt developments) applies; and

        (b)     the change complies with the criteria for the relevant matter in schedule 1A; and

        (c)     a designated development for the development, as changed by the relevant matter, complies with the general exemption criteria that are applicable to the development except to the extent that the development approval allows the development to not comply with the criteria.

Note 1     Designated development —see sch 1, s 1.2.

Note 2     General exemption criteria —see sch 1, s 1.10.

Note 3     The development may still need building approval, or further building approval, under the Building Act 2004 .

Note 4     The development must also comply with the lease for the land on which it is carried out.

36     Expiry—pt 3.3

This part expires on 31 March 2010.