Australian Capital Territory Consolidated Regulations Australian Capital Territory Consolidated Regulations(1) Development that complies with schedule 1 (Exemptions from requirement for development approval) is exempt from requiring development approval.
Note For other exemptions, see the Act, div 7.2.6 (Exempt development).
(2) Also, development is exempt from requiring development approval if—
(a) the development would comply with schedule 1, or would be exempt from requiring development approval under the relevant development table for the development, other than for a matter (the relevant matter ) to which schedule 1A (Permitted variations to approved and exempt developments) applies; and
(b) the relevant matter complies with the criteria for the matter in schedule 1A; and
(c) a designated development for the development, as changed by the relevant matter, complies with the general exemption criteria that are applicable to the development.
Note 1 Designated development , in relation to land—see sch 1, s 1.2.
Note 2 General exemption criteria , for a development—see sch 1, s 1.10.
Note 3 Relevant development table —see the Act, dictionary.
Note 4 The development may still need building approval, or further building approval, under the Building Act 2004 .
Note 5 The development must also comply with the lease for the land on which it is carried out.
(3) Also, development that is exempt under this section does not require development approval for a modification of the development if—
(a) the development has not been completed; and
(b) the modification would not need development approval if the modification were made after completion of the development.
Example—exemption
Construction of a dwelling that is an exempt development is in progress. The developer wishes to change the slope of the roof by less than 2 o (see sch 1, s 1.24). The developer may construct the dwelling with the changed roofslope (the modification ) without seeking approval for the modification.
Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(4) Also, development that is exempt under this section does not require development approval for a variation of the development if—
(a) the development has not been completed; and
(b) the variation consists of adding an exempt development to the development.
Example—exemption
Construction of a dwelling that is an exempt development is in progress. The developer wishes to incorporate a skylight that complies with the conditions in sch 1, s 1.26, and so is an exempt development. The developer may construct the dwelling with the skylight (the variation ) without seeking approval for the variation.
(5) Also, a development (the composite development ) is exempt from requiring development approval if the development can be notionally separated into components, each of which is an exempt development.
Example—composite development
A development consists of a dwelling with a garage, windows, doors, chimney and an aerial (the components ). As each of the components is an exempt development, the composite development is an exempt development.
(6) However, subsections (3), (4) and (5) do not apply in relation to a development if the modification, variation or composite development results in non-compliance with 1 or more of the following:
(a) schedule 1, section 1.17 (Criterion 7—no multiple occupancy dwellings);
(b) the requirement under schedule 1, section 1.41 that there be not more than 2 exempt class 10 buildings in a boundary clearance area in conjunction with schedule 1, section 1.18 (Criterion 8—compliance with other applicable exemption criteria);
(c) the requirement under schedule
1, section 1.100 (Compliant single dwellings) that there be not more than
1 dwelling on a block.