Australian Capital Territory Numbered Regulations

PLANNING AND DEVELOPMENT AMENDMENT REGULATION 2009 (NO 10) (NO 39 OF 2009) - REG 5

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1.96A     Meaning of existing school —div 1.3.6A

    (1)     In this division:

"existing school" means—

        (a)     1 of the following that exists on the commencement day:

              (i)     a government school within the meaning of the Education Act 2004 ;

              (ii)     a non-government school within the meaning of the Education Act 2004 ;

              (iii)     a childcare centre, licensed under the Children and Young People Act 2008 , section 747, primarily for the education of young children; or

Examples—education of young children

preschool, early learning centre

Note     An example is part of the regulation, 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).

        (b)     land that—

              (i)     either—

    (A)     has been a type of school mentioned in paragraph (a) (i) to (iii) that existed before the commencement day; or

    (B)     is adjacent to something mentioned in paragraph (a); and

              (ii)     is being developed or redeveloped to be, or be part of, a type of school mentioned in paragraph (a) (i) to (iii); and

              (iii)     is declared by the Minister to be an existing school.

Examples

1     land adjacent to a primary school that is being developed as part of a staged expansion of the school

2     a site that was a high school but is not currently operating while being redeveloped as a school

    (2)     A declaration for subsection (1) (b) (iii) is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act.