Australian Capital Territory Numbered Regulations

SMOKING (PROHIBITION IN ENCLOSED PUBLIC PLACES) AMENDMENT REGULATION 2010 (NO 1) (NO 44 OF 2010) - REG 5

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Part 3     Outdoor eating or drinking places

13     Height of screen or wall buffer for designated outdoor smoking area—Act, s 9F (6) (a)

    (1)     The prescribed height is 1.8m above the highest point of the floor of the designated outdoor smoking area.

    (2)     However, if at any point of the buffer it is not possible to comply with subsection (1) because of an overhead cover, the prescribed height at that point is the height of the overhead cover.

Note 1     The presence of a screen or wall buffer may make an area an enclosed public place—see pt 2 (Enclosed public places).

Note 2     Other legislation may apply in relation to a proposed structure:

              •     the structure may require building approval—see the Building Act 2004 , div 3.3;

              •     use of the structure may require development approval—see the Planning and Development Act 2007 , s 134;

              •     if the structure causes premises to not comply with certain requirements, the commissioner must decide that the premises are not suitable premises for a licence or permit—see the Liquor Act 2010 , s 77.

14     Requirements for smoking management plan—Act, s 9J (2) (e)

The licensed premises plan under the Liquor Regulation 2010 , section 6 is prescribed.