Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(see s 3)
Note 1 The Legislation Act
contains definitions relevant to this regulation. For example:
• ACAT
• building code
• conservator of flora and fauna
• Corporations Act
• emergency services commissioner
• environment protection authority
• heritage council
• land titles register
• person (see s 160)
• the Territory
• working day.
Note 2 Terms used in this regulation have the same meaning that they have in the Planning Act 2023
. For example, the following terms are defined in the Act
, dict:
• authority website (see s 509)
• custodian
• development (see s 14 (1))
• development application (see s 166 (1))
• development approval
• development proposal
• district policy
• EPBC Act
• exempt development (see s 145)
• exemption assessment (see s 151 (1))
• exemption assessment D notice (see s 152 (2) (b))
• exemption assessor (see s 151 (1))
• future urban area
• land management agreement (see s 350 (2) (a))
• land sublease
• lease
• proponent
• residential lease
• rural lease (see s 256)
• structure
• subdivision design application (see s 43 (1))
• territory plan (see s 45)
• territory planning authority
• use (see s 15)
• zone.
Note 3 Terms used in sch 1 and sch 2 of this regulation have the same meaning that they have in the territory plan (see s 5). For example, the following terms are defined in the territory plan:
• attic
• basement
• building line
• carport
• datum ground level
• finished floor level
• finished ground level
• front boundary
• front zone
• gross floor area
• setback
• storey.
"affected residential premises", for schedule 1 (Exemptions from requirement for development approval)—see the Dangerous Substances Act 2004
, section 47I.
"approved development", for schedule 2 (Permitted construction tolerances)—see schedule 2, section 2.1.
"block" means—
(a) a block under the Districts Act 2002
; or
(b) for land under a land sublease—the land identified in the registered sublease plan.
"boundary", for schedule 1, division 1.4.4 (Community gardens)—see schedule 1, section 1.71.
"built-up urban area", for schedule 1, (Exemptions from requirement for development approval)—see schedule 1, section 1.2.
"class", for a building or other structure, means the class of building or structure under the building code.
class 10a building—
(a) for schedule 1, division 1.4.2 (Non-habitable buildings and other structures)—see schedule 1, section 1.40; and
(b) for schedule 1, division 1.4.4 (Community gardens)—see schedule 1, section 1.71.
class 10b structure, for schedule 1, division 1.4.4 (Community gardens)—see schedule 1, section 1.71.
clearing native vegetation, for schedule 1 (Exemptions from requirement for development approval)—see the Nature Conservation Act 2014
, section 234.
"community garden", for schedule 1, division 1.4.4 (Community gardens)—see schedule 1, section 1.71.
"designated development", in relation to land, for schedule 1 (Exemptions from requirement for development approval)—see schedule 1, section 1.3.
"dwelling"—see section 6 (1).
"exempt development", for schedule 2 (Permitted construction tolerances)—see schedule 2, section 2.1.
"exemption declaration"—see schedule 1, section 1.131 (1) (d).
"existing ground level", in relation to an area, for schedule 1, division 1.4.8 (Schools)—see schedule 1, section 1.101.
"existing school", for schedule 1, division 1.4.8 (Schools)—see schedule 1, section 1.102.
"existing school campus", for schedule 1 (Exemptions from requirement for development approval)—see schedule 1, section 1.1.
"general exemption criteria", for development—see schedule 1, section 1.10.
"height", for a thing (including a building or other structure) means—
(a) in relation to finished ground level—the largest of the vertical distances measured at all points for the thing between finished ground level for each point to the top of the thing above the point; or
(b) in relation to datum ground level—the largest of the vertical distances measured at all points for the thing between datum ground level for each point to the top of the thing above the point; or
(c) in relation to something else (the "baseline")—the largest of the vertical distances measured at all points for the thing between the baseline for each point to the top of the thing above the point.
"native vegetation", for an area, for schedule 1 (Exemptions from requirement for development approval)—see the Nature Conservation Act 2014
, section 232.
"native vegetation area", for schedule 1 (Exemptions from requirement for development approval)—see the Nature Conservation Act 2014
, section 233.
"open space boundary", for schedule 1 (Exemptions from requirement for development approval)—see the Act
, section 516 (3).
"outdoor eating or drinking place", for schedule 1, division 1.4.5 (Outdoor eating or drinking places)—see the Smoke-Free Public Places Act 2003
, section 9A.
"owner", of land, means, for land under a land sublease, the sublessee.
"party wall", for schedule 1 (Exemptions from requirement for development approval)—see the Common Boundaries Act 1981
, section 27.
"plan area", of a building or other structure, means the total horizontal area of the building or structure if viewed from above.
Examples
1 If viewed from above, the outer edge of a house's roof gutters, front patio and rear pergola are visible as the building's outermost perimeter. Therefore, the plan area of the house is the horizontal area bounded by the outer edges of the gutters, pergola and patio.
2 If viewed from above, an office building is a square ring shape with a large open courtyard in the centre. The courtyard does not contain structures that are related to the building. The plan area of the building excludes the area of the courtyard.
"playing field", for schedule 1, division 1.4.8 (Schools)—see schedule 1, section 1.101.
"public unleased land", for schedule 1 (Exemptions from requirement for development approval)—see the Public Unleased Land Act 2013
"rear boundary" means a boundary that is not a front boundary and does not meet a front boundary.
"relevant solar building envelope", in relation to exempt development, means the solar building envelope that would apply under a relevant provision of the territory plan if the development were not exempt.
"side boundary" means a boundary that meets a front boundary.
"surface water"—see the Water Resources Act 2007
"young child", for schedule 1, division 1.4.8 (Schools)—see the Children and Young People Act 2008
, section 733 (3).
Endnotes
1 Notification
Notified under the Legislation Act
on 11 September 2023.
2 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2023
Australian Capital
Territory
The Australian Capital Territory Executive makes the following regulation under the Planning Act 2023
.
Dated 8 September 2023.
ANDREW BARR
Chief Minister
MICK GENTLEMAN
Minister
Australian Capital
Territory
Planning (Exempt Development) Regulation 2023
Subordinate Law SL2023-21