Australian Capital Territory Numbered Regulations

PLANNING AND DEVELOPMENT AMENDMENT REGULATION 2012 (NO 3) (NO 23 OF 2012) - REG 4

insert

50A     Criteria for development application exemption from EIS—Act, s 211 (3)

The following criteria are prescribed:

        (a)     whether the study was conducted by an appropriately qualified person with relevant expertise and experience in relation to the environmental values of the land in the proposal;

        (b)     if the study does not relate directly to the proposal—whether there is sufficient detail to allow assessment of the environmental impacts likely to occur if the proposal proceeds;

        (c)     whether the part of the study relevant to the proposal required public consultation through a statutory process or as part of a government policy development;

        (d)     that the study is not more than 5 years old;

        (e)     if the study is more than 18 months old—that an appropriately qualified person with no current professional relationship with the proponent verifies that the information in the study is current.

Example—par (c)

the public consultation process in a Territory plan variation under the Act, div 5.3.2

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).