Australian Capital Territory Numbered Acts

LAND (PLANNING AND ENVIRONMENT) (NO. 85 OF 1996) - SECT 51

51. Section 222 of the Principal Act is amended—

    (a)     by omitting “to conduct a controlled activity” from the definition of “application” in subsection (1) and substituting “for approval to undertake a development”;

    (b)     by omitting “, 240 or 241” from paragraph (a) of the definition of “approval” in subsection (1);

    (c)     by omitting “235 or” and “, as the case requires” from the definition of “objection” in subsection (1);

    (d)     by inserting in subsection (1) the following definitions:

“ ‘building' includes—

        (a)     an addition to a building;

        (b)     a structure attached to a building; and

        (c)     a part of a building;

‘consolidation' has the same meaning as in Part V;

‘development' means activity in relation to land that consists of 1 or more of the following activities:

        (a)     the erection, alteration or demolition of a building or structure on or under the land;

        (b)     the carrying out of earthworks or other construction work on or under the land;

        (c)     the carrying out of work that would affect the landscape of the land except where the land is leased for residential purposes only and is not specified in the Heritage Places Register, or an Interim Heritage Places Register, as a heritage place;

        (d)     a use of the land for a business—

              (i)     that is a home business within the meaning of the Plan; and

              (ii)     that is not expressly authorised by a current lease;

        (e)     a use of the land for an activity—

              (i)     that is prescribed for the purposes of paragraph 175 (3) (b); and

              (ii)     that is not expressly authorised by a current lease;

        (f)     if the land is unleased Territory Land—a use of the land that is not authorised by a current licence or permit granted in respect of the land under an Act or regulations;

        (g)     the erection, fixing or displaying of a sign or advertising material on the land, or on a structure or building on the land, otherwise than in accordance with a right to do so expressly given by a current licence granted under this Act or a current lease;

        (h)     a variation of a lease of the land;

        (j)     an activity declared by another Act to be a development activity for the purposes of this Part;

but does not include a use of unleased Territory Land by or on behalf of the Territory for a purpose for which it was used before the commencement of this Act;

‘relevant authority', in relation to an application, means—

        (a)     if the Minister has, under subsection 229A (1), referred the application to the Commissioner for determination and that reference has not been revoked—the Commissioner; or

        (b)     in any other case—the Minister;

‘subdivision' has the same meaning as in Part V;

‘structure' includes a fence, mast, antenna, aerial, road, footpath, driveway, carpark, culvert or service conduit or cable.”; and

        (e)     by omitting subsections (3) and (4) and substituting the following subsections:

“(3) A reference in this Part to the variation of a lease shall be read as including a reference to—

        (a)     the surrender of a lease and the granting of a new lease, subject to different provisions, to the same lessee over land—

              (i)     that is the whole or part of the land comprised in the surrendered lease; and

              (ii)     that is not defined land within the meaning of Subdivision D of Division 3 of Part II;

        except where a lease is surrendered and a further lease is granted under section 171, 171A or 172;

        (b)     a consolidation; and

        (c)     a subdivision.

“(4) The regulations may prescribe activity of a kind referred to in the definition of ‘development' in subsection (1) that shall be taken not to be development for the purposes of this Part.”.