Australian Capital Territory Numbered Regulations

PLANNING AND DEVELOPMENT AMENDMENT REGULATION 2010 (NO 1) (NO 8 OF 2010) - REG 12

insert

    (1A)     Subsection (1) (a) does not apply if the location of a part of a building or structure in an easement or proposed easement is agreed to, in writing, by—

        (a)     for an easement—

              (i)     the owner of the land benefited by the easement; or

              (ii)     the person in whose favour the easement is registered.

        (b)     for a proposed easement—

              (i)     the person who, on registration of the easement, would be the owner of the land benefited by the easement; or

              (ii)     the person in whose favour the easement is proposed to be registered.

    (1B)     Subsection (1) (b) does not apply if the location of a part of a building or structure in a utility infrastructure access or protection space is agreed to, in writing, by the utility benefited by the utility infrastructure access or protection space.