Australian Capital Territory Numbered Regulations

PLANNING AND DEVELOPMENT AMENDMENT REGULATION 2008 (NO 4) (NO 41 OF 2008) - REG 14

before section 429A, insert

429AA     Modification—s 114 (Application of assessment tracks to development proposals)

Section 114 applies as if subsection (2) were omitted and the following subsections substituted:

    ‘(2)     If a development proposal is in an assessment track, the proposal must be assessed in that assessment track.

    (2A)     This section is subject to section 123 (Impact track applicability).'

429AB     Modification—div 7.2.5 (Development proposals not in development table and not exempted)

Division 7.2.5 applies as if the following section were inserted:

‘ 131A     Development proposal for lease variation in designated area

    (1)     This section applies to a development proposal that is a variation of a lease in a designated area.

    (2)     Section 50 and the territory plan do not apply in relation to the development proposal.

    (3)     The development proposal must be dealt with under the provisions of this Act (other than any territory plan-related provisions) that apply in relation to the merit track.

    (4)     However, if the impact track applies to the development proposal under section 123 (b), (c), (d) or (e), the proposal must be dealt with under the provisions of this Act (other than any territory plan-related provisions) that apply in relation to the impact track.

    (5)     In this section:

"territory plan-related provision "means a provision of this Act that applies a development table, code, rules or criteria, objectives for a zone, statement of strategic directions, or anything else in the territory plan.

Examples of territory plan-related provisions

1     s 119 (2) (b)

2     s 139 (2) (e) and (f)

Note     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).'