Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationssubstitute
1.90 Public works
(1) A designated development for public works carried out by or for the Territory if—
(a) the development does not require an environmental authorisation or environmental protection agreement under the Environment Protection Act 1997 ; and
(b) the designated development complies with the general exemption criteria that are applicable to the development.
Note 1 Designated development —see s 1.2.
Note 2 Other territory laws must be complied with (see s 1.4).
Note 3 General exemption criteria —see s 1.10.
(2) In this section:
"ancillary sporting structure"—
(a) means a structure that is designed, or can be used, in relation to playing organised sport; but
(b) does not include a grandstand.
Examples
goal posts, sight screens, fencing
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).
"bicycle parking facility" means a structure built for parking a bicycle with a height not more than 2.4m.
"landscaping "means work that affects the landscape of land if the work does not involve any of the following:
(a) clearing an area of native vegetation of more than 0.5ha;
Note Clearing native vegetation—see the Nature Conservation Act 1980 , s 74.
(b) clearing a tract of a forest or arboretum.
"playing field "means an open space that is designed, or can be used, for playing organised sport.
Examples—playing fields
tennis court, football oval, athletics track, basketball court, cricket oval
"public works "means—
(a) installation or maintenance of street and park furniture; or
(b) maintenance of a road or car park; or
(c) construction or maintenance of a footpath, bicycle path, bicycle parking facility, walking track or other pedestrian area; or
Examples—construction or maintenance of other pedestrian area
tree planting and repaving, reconstruction of kerbs and gutters
(d) maintenance of stormwater drainage or a flood mitigation structure; or
Examples
stormwater canals and drains, floodways, flood gates, bank protection, earth levees, reservoirs, detention basins
(e) maintenance of a water quality treatment device; or
Examples
litter traps, bioretention systems, wetlands, wetponds, pollutant traps, swales, buffer strips, infiltration trenches
(f) installation or maintenance of an ancillary sporting structure on or beside a playing field; or
(g) maintenance of a playing field; or
Example
resurfacing oval with artificial grass
(h) bushland regeneration, landscaping, gardening, tree planting, tree maintenance, tree removal or fire fuel reduction, construction or maintenance of a fire trail; or
(i) construction, installation or maintenance of a water tank; or
(j) installation or maintenance of a temporary structure for an event.
Examples
marquee, portable toilet, stage, tent, television screen, scaffolding
"street and park furniture" means the conventional equipment of urban streets and parks.
Examples
1 a seat, bench, table, rubbish bin, recycling bin, barbecue, public toilet, playground equipment, gazebo, bridge, staircase, boardwalk, rotunda, stage, shade sail, water fountain, bus shelter
2 a bollard, planter box, street tree guard and root cover, guard rail, portico, awning, canopy, flagpole, pergola
3 a parking meter, parking ticket machine, street sign, parking control sign, traffic control device, telephone kiosk, streetlight, playing field light, variable messaging sign
1.90A Public artworks
(1) A designated development for the installation of a public artwork if—
(a) the development is funded completely or partly by the Territory; and
(b) the public artwork will be located on territory land or land occupied by the Territory; and
(c) the chief executive of the administrative unit responsible for municipal services has agreed, in writing, to the location of the public artwork; and
(d) the public artwork has a height of not more than—
(i) for an artwork located adjacent to an arterial road or proposed arterial road—12m above finished ground level; or
(ii) in any other case—6m above finished ground level; and
(e) the development does not require an environmental authorisation or environmental protection agreement under the Environment Protection Act 1997 ; and
(f) the public artwork is not a habitable structure; and
(g) the designated development complies with the general exemption criteria, other than section 1.17 (Criterion 7—no multiple occupancy dwellings), that are applicable to the development.
Note 1 Designated development —see s 1.2.
Note 2 General exemption criteria —see s 1.10.
(2) In this section:
"arterial road" means a road with a speed limit of at least 80km/h.
Examples
limited access road, parkway, freeway
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).
"public artwork" means an artwork to be displayed in a place open to and accessible by the public.
Examples
sculpture, statue, structure, painting