Australian Capital Territory Numbered Acts

PLANNING AND DEVELOPMENT AMENDMENT ACT 2009 (NO. 30 OF 2009) - SECT 9

in division 7.3.11, insert

198A     Exception to referral requirement under s 198 (1) (b)

    (1)     This section applies if—

        (a)     a development application was referred to an entity under division 7.3.3 (Referral of development applications); and

        (b)     an application for amendment of the development approval to which the development application related must be referred to the entity under section 198 (1) (b); and

Note 1     Under s 198 (1) (b), an application for amendment is deemed to be an application for development approval, which would ordinarily require the application to be referred to relevant entities under div 7.3.3.

Note 2     For the referral requirement, see s 145.

        (c)     the planning and land authority is satisfied that the application for amendment does not affect any part of the development approval in relation to which the entity made a comment.

    (2)     Despite section 198 (1) (b), the planning and land authority need not refer the application for amendment to the entity.

198B     Waiver of notification requirement under s 198 (1) (b)

Despite section 198 (1) (b), the planning and land authority may waive the requirement to publicly notify an application for amendment of a development approval if satisfied that—

        (a)     no-one other than the applicant will be adversely affected by the amendment; and

        (b)     the environmental impact caused by the amendment will do no more than minimally increase the environmental impact of the development.

Note     For the notification requirement, see s 146.

198C     When development approvals do not require amendment

    (1)     This section applies if—

        (a)     the planning and land authority has given development approval for a development proposal; and

        (b)     the development proposal changes (the changed development proposal ) so that it is not covered by the development approval; and

        (c)     a circumstance prescribed by regulation under subsection (3) applies.

    (2)     The changed development proposal is taken to be in accordance with the development approval.

    (3)     A regulation may prescribe circumstances for subsection (1) (c).

Note 1     The development may still need building approval, or further building approval, under the Building Act 2004 .

Note 2     The development must also comply with the lease for the land on which it is carried out.