Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationsinsert
1.110 Rebuilding damaged buildings and structures
(1) A designated development to rebuild a damaged building or structure if—
(a) the development has been previously approved, whether or not any development in accordance with the approval has ever been undertaken; and
(b) the development would not result in any of the following:
(i) the height of any new or altered building or structure being more than the previously approved height of the damaged building or structure, both of which are measured from the natural ground level;
(ii) the gross floor area of any new or altered building or structure being more than 15% larger than the previously approved gross floor area of the damaged building or structure;
Note Gross floor area —see the territory plan (13 Definitions).
(iii) any new or altered building or structure being used for more dwellings than were previously approved;
(iv) the setbacks for any new or altered building or structure not complying with the lesser of the following:
(A) the relevant setbacks under Residential Zones—Single Dwelling Housing Development Code;
(B) any setbacks that were previously approved for the building or structure that is replaced or altered; and
(c) before the development commences, the lessee gives the following to the planning and land authority:
(i) notice in writing of when the development will commence;
(ii) a plan of the development;
(iii) a written statement by a certifier that the development shown on the plan will not result in any of the matters mentioned in paragraph (b); and
(d) at the completion of the development, a certifier gives the planning and land authority a written statement that the development as constructed is in accordance with the plan given to the planning and land authority under paragraph (c).
(2) In this section:
"certifier" means a certifier, for building work, within the meaning of the Building Act 2004 .
"damage", in relation to a building or structure, means damage caused by an act or event, other than an act done by the lessee of the land with the intention of causing the damage.
Examples—act or event causing damage
natural disaster, electrical fire, vandalism
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).
"lessee", of land before the act or event that damaged the building or structure, includes a person who, before the act or event, had entered into an agreement with the lessee of the land giving the person a right to the transfer of the lease but to whom no transfer had been registered under the Land Titles Act 1925 in accordance with the agreement.
"plan", of a development, means—
(a) a plan that complies with AS 1100; or
(b) unless the building or structure will differ from the previously approved development—the plan for the previously approved development.
"previously approved"—a development has been previously approved if the development was approved under—
(a) the Land (Planning and Environment) Act 1991 ; or
(b) the Buildings (Design and Siting) Act 1964 ; or
(c) this Act, unless, immediately before the act or event that damaged the building or structure—
(i) the period for applying to the ACAT for review of the decision to approve the development had not ended; or
(ii) if an application to the ACAT for a review of the decision had been made—the application had not been finally disposed of by the ACAT.
1.111 Bores
(1) A designated development in relation to a bore if the development complies with the general exemption criteria that apply to the development.
Note 1 General exemption criteria —see s 1.10.
Note 2 Other territory laws, including the Water Resources Act 2007 and the Environment Protection Act 1997 , must be complied with (see s 1.4).
(2) In this section:
"bore"—see the Water Resources Act 2007 , dictionary.