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LAND (PLANNING AND ENVIRONMENT) AMENDMENT REGULATION 2005 (NO 1) (NO 19 OF 2005)
2005
THE LEGISLATIVE ASSEMBLY FOR
THE
AUSTRALIAN CAPITAL TERRITORY
LAND (PLANNING
AND ENVIRONMENT) AMENDMENT
REGULATION 2005 (No
1)
Subordinate Law No
SL2005-19
EXPLANATORY
STATEMENT
Circulated by
authority of Simon Corbell MLA
Minister for Planning
The Land (Planning and Environment) Regulation 1992 creates the
ability for Chief Planning Executive to adopt network plans as authority
guidelines, thereby exempting development in accordance with the adopted
guideline from part 6 of the Act.
The Land (Planning and Environment)
Amendment Regulation 2005 (No 1) will extend this ability to include
telecommunications (mobile phone) networks.
As it currently stands the
ability for the Chief Planning Executive to adopt network plans as authority
guidelines only relates to reticulated services. While the definition of
reticulated network in the regulation does include communications services, it
only refers to reticulated systems such as landline telephone connections. It
does not include other telecommunications networks such as the cellular mobile
phone network.
At the time the regulations were written, the future need
for telecommunications networks was not fully appreciated or understood. It
can now be argued that the telecommunications systems, especially the mobile
phone network form part of the essential urban infrastructure of the ACT and as
such warrant similar provisions as those currently afforded to reticulated
infrastructure networks.
CLAUSE NOTES
Clause 1 provides for the name of the
regulation to be the Land (Planning and Environment) Amendment Regulation
2005 (No 1).
Clause 2 provides that the regulation
commences on the day after the notification day.
Clause 3
provides that the regulation amends the Land (Planning and Environment)
Regulation 1992.
Clause 4 amends the definition of
reticulated services in the dictionary to include mobile telecommunications
services.