PLANNING AND DEVELOPMENT REGULATION 2008

Australian Capital Territory Consolidated Regulations

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PLANNING AND DEVELOPMENT REGULATION 2008 - SCHEDULE 1

Schedule 1 Exemptions from requirement for development approval

(see s 20 (1))

Part 1.1 Preliminary

1.1 Definitions—sch 1

In this schedule:

"basic paling fence"—see the Act, section 416A.

"building line"—see the territory plan (13 Definitions).

"carport"—see the territory plan (13 Definitions).

"clearing", of native vegetation—see the Nature Conservation Act 1980 , section 74.

"native vegetation"—see the Nature Conservation Act 1980 , section 73.

"open space boundary"—see the Act, section 416A.

"type", for a sign, means the sign type for the sign in the Signs General Code, appendix A.

1.2 Meaning of designated development —sch 1

In this schedule:

"designated development", in relation to land, means—

(a) building, altering or demolishing of a building or structure on the land; or

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

1.3 Inconsistency between codes and this schedule

(1) This section applies if—

(a) this schedule applies to a development; and

(b) the schedule applies a code in relation to the development; and

(2) This schedule prevails over the code to the extent of the inconsistency unless the code provides otherwise.

1.4 Exemption does not affect other territory laws

(1) An exemption under this schedule in relation to a development does not affect the operation of any other territory law relating to land use or the provision of services for the development.

Examples—laws not affected

• Building Act 2004

• Electricity Safety Act 1971

• Nature Conservation Act 1980

• Scaffolding and Lifts Act 1912

• Utilities Act 2000

• Water and Sewerage Act 2000

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).

(2) To remove any doubt, the following provisions of this schedule do not limit the operation of subsection (1):

(a) section 1.14 (Criterion 4—heritage, tree and environment protection);

(b) section 1.15 (Criterion 5—compliance with lease and development approvals).

Part 1.2 General exemption criteria

1.10 Exempt developments—general criteria

The following are the general exemption criteria for a development:

(a) section 1.11 (Criterion 1—easement and other access clearances);

(b) section 1.12 (Criterion 2—plumbing and drainage clearances);

(d) section 1.15 (Criterion 5—compliance with lease and development approvals);

(e) section 1.17 (Criterion 7—no multiple occupancy dwellings);

(f) section 1.18 (Criterion 8—compliance with other applicable exemption criteria).

1.11 Criterion 1—easement and other access clearances

(1) A development must not cause any part of a building or structure to be located in—

(a) an easement or proposed easement; or

(b) a utility infrastructure access or protection space.

(2) Subsection (1) (a) does not apply if the location of a part of a building or structure in an easement or proposed easement is agreed to, in writing, by—

(a) for an easement—

(i) the owner of the land benefited by the easement; or

(ii) the person in whose favour the easement is registered.

(b) for a proposed easement—

(i) the person who, on registration of the easement, would be the owner of the land benefited by the easement; or

(ii) the person in whose favour the easement is proposed to be registered.

(3) Subsection (1) (b) does not apply if the location of a part of a building or structure in a utility infrastructure access or protection space is agreed to, in writing, by the utility benefited by the utility infrastructure access or protection space.

(4) In this section:

"easement" means an easement registered, or shown on a certificate of title, under the Land Titles Act 1925 .

"proposed easement" means a proposed easement shown on a deposited plan under the Districts Act 2002 or units plan under the Unit Titles Act 2001 .

"utility infrastructure access or protection space" means the space required under a utility rule —

(a) for a utility to have access to its infrastructure; or

(b) to protect or maintain clearances from utility infrastructure such as water supply pipes, sewerage systems, gas pipes and electricity conductors.

Examples

1 The electricity service and installation rules made under the Utilities Act 2000 require buildings or other structures to be kept clear of power lines by a stated dimension, to protect the powerlines from damage or to protect the electricity supply from interruption.

2 The water and sewerage service and installation rules made under the Utilities Act 2000 require access to stated utility infrastructure at the rear of a block to not be impeded by structures and an unhindered access route to the infrastructure of a stated width to be provided down at least one side of the block.

Note 1 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

Note 2 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).

"utility rule" means a rule, as in force from time to time, made under a technical code, as in force from time to time, made under the Utilities Act 2000 .

Note Technical codes made under the Utilities Act 2000 are accessible at www.icrc.act.gov.au.. Rules for the service and installation of electricity and water and sewerage are accessible at www.actewagl.com.au..

1.12 Criterion 2—plumbing and drainage clearances

A development must not cause a clearance for a pipe fitting opening or pipe fitting outlet to contravene AS/NZS 3500 ( Plumbing and Drainage Set ), as in force from time to time.

Example

A sewer vent must be above the surrounding surface. A development must not create a situation where surface water can flow into the vent.

Note 1 Surface water —see the Water Resources Act 2007 , s 8.

Note 2 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).

1.14 Criterion 4—heritage, tree and environment protection

(1) A development must not contravene—

(a) the Heritage Act 2004 ; or

(b) the Tree Protection Act 2005 ; or

Note Other applicable laws must also be complied with (see s 1.4).

(2) A development (other than a class 10 building or structure) must not—

(a) be located at a place or on an object included in the heritage register or under a heritage agreement; or

(b) cause any part of a building or structure (other than a
class 10 building or structure) to be located at a place or on an object included in the heritage register or under a heritage agreement.

(3) In this section:

"heritage agreement"—see the Heritage Act 2004 , section 99 .

"heritage register"—see the Heritage Act 2004 , section 20.

Note The ACT Heritage Register is accessible at www.tams.act.gov.au.

1.15 Criterion 5—compliance with lease and agreement collateral to lease

A development must not be inconsistent with—

(a) a provision of a lease to which the development relates; or

(b) an agreement collateral to the grant of a lease to which the development relates.

Example

a land management agreement (see Act, s 283)

Note 1 Under the Act, s 133 an exempt development does not include a development that is inconsistent with a provision of a development approval for other development on the land if the development approval is given on the condition that the provision is complied with.

Note 2 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).

1.17 Criterion 7—no multiple occupancy dwellings

A development must not increase the number of dwellings on a block to 2 or more dwellings.

1.18 Criterion 8—compliance with other applicable exemption criteria

A development must comply with any other criteria in part 1.3 (Exempt developments) that apply to the development.

Examples—other criteria applying to development

1 changing a house roof from metal sheet to tiles (see s 1.22) must also comply with the criteria in section 1.24 (Buildings—roof slope changes)

2 the replacement of a roof flue for a building (see s 1.22) must also comply with section 1.25 (Buildings—chimneys, flues and vents)

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).

Part 1.3 Exempt developments

Division 1.3.1 Exempt developments—minor building works

1.20 Internal alterations of buildings

(1) In this section:

"non-residential building" means a building, or part of a building, that is—

(a) not used for residential purposes; and

(b) not a class 10 building associated with a building used for residential purposes.

"prescribed general exemption criteria" means the general exemption criteria, other than section 1.18 (Criterion 8—compliance with other applicable exemption criteria).

Note General exemption criteria , for a development—see s 1.10.

(2) A designated development for the internal alteration of a building if—

(a) the alteration does not do either of the following:

(i) change the building's class under the building code;

Note Class , for a building—see the dictionary.

(ii) increase the gross floor area of a non-residential building; and

(b) the designated development complies with the prescribed general exemption criteria that are applicable to the development.

Note Designated development , in relation to land—see s 1.2.

1.21 Installation, alteration and removal of low impact external doors and windows in buildings

A designated development for the installation, alteration or removal (the relevant change ) of an external door or window in a building if—

(a) the height of the building's finished floor level, or other trafficable surface, immediately adjacent to the relevant change is not more than 1m above natural ground level; and

Example—trafficable surface

paving

Note 1 Natural ground level —see the territory plan (13 Definitions).

Note 2 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).

(b) if the relevant change is to an existing door or window—the relevant change involves no more than the following:

(i) replacing the door or window with either a door or a window without changing the width of the opening in the wall;

(ii) increasing the width of the door or window by not more than 340mm;

(iii) increasing the height of the door or window by not more than 340mm;

(iv) reducing the height or width, or both, of the window or door;

(v) installing a wall instead of the door or window or a part of the door or window; and

Example—par (b)

an existing window is replaced by a door that is 200mm higher and 300mm wider than the window

Note The change in relation to the door or window need not involve all of the matters mentioned in par (b).

(c) if the relevant change is not to an existing door or window—the relevant change involves no more than removing part of a wall and installing a door or window with an external horizontal opening of not more than 2m; and

(d) no part of the relevant change is less than either of the following for the block on which the building is located:

(i) 1.5m from a side boundary;

(ii) 3m from a rear boundary; and

(e) the designated development complies with the general exemption criteria that are applicable to the development.

Note 1 Designated development , in relation to land—see s 1.2.

Note 2 General exemption criteria , for a development—see s 1.10.

Note 3 Changing the external appearance, material or finish of a building or structure may be subject to other laws, including heritage laws and energy efficiency provisions of building laws.

1.21A Installation, alteration and removal of high impact external doors and windows in buildings

A designated development for the installation, alteration or removal (the relevant change ) of an external door or window in a building if—

(a) the height of the building's finished floor level, or other trafficable surface, immediately adjacent to the relevant change is 1m or more above natural ground level; and

Note See the example and notes to s 1.21 (a).

(b) the relevant change involves no more than the following:

(i) replacing the door or window with either a door or a window without changing the width of the opening in the wall;

(ii) increasing the width of the door or window by not more than 340mm;

(iii) increasing the height of the door or window by not more than 340mm;

(iv) reducing the height or width, or both, of the window or door;

(v) installing a wall instead of the door or window or a part of the door or window; and

Note The change in relation to the door or window need not involve all of the matters mentioned in par (b).

(i) 1.5m from a side boundary;

(ii) 3m from a rear boundary; and

(d) the designated development complies with the general exemption criteria that are applicable to the development.

Note 1 Designated development , in relation to land—see s 1.2.

Note 2 General exemption criteria , for a development—see s 1.10.

Note 3 Changing the external appearance, material or finish of a building or structure may be subject to other laws, including heritage laws and energy efficiency provisions of building laws.

1.22 Exterior refinishing of buildings and structures

(1) In this section:

"excluded item" means—

(a) an external door or window; or

(b) a skylight for a building.

Note For external doors and windows, see s 1.21 and s 1.21A and for skylights, see s 1.26.

"exterior item" means any of the following on the exterior of a building or structure:

(a) a wall, sill or fascia or an eave lining;

(b) a downpipe or flashing or guttering;

(d) roofing or a roof duct, flue, gutter or vent;

(e) a vent pipe;

(f) a step or landing;

(g) a handrail or balustrade or other barrier that functions as a balustrade;

(h) a pole or post.

"structure" does not include a fence for an open space boundary.

Note For external doors and windows, see s 1.21 and 1.21A and for skylights, see s 1.26.

(2) A designated development for altering the exterior material or finish of a building or structure if—

(a) the alteration involves—

(i) painting the exterior of the building or structure to change its appearance, other than—

(A) painting a design or sign on the exterior of the building or structure; or

(B) painting the building for maintenance; or

Note For maintenance, see s 1.23.

(ii) replacing or covering an exterior item (other than an excluded item) of the building or structure with the same or a different material; and

Examples

1 changing a house roof from metal sheet to tile

2 changing weatherboard cladding to brick-veneer

3 rendering exterior brickwork with cement render

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).

(b) the designated development complies with the general exemption criteria that are applicable to the development.

Note 1 Designated development , in relation to land—see s 1.2.

Note 2 General exemption criteria , for a development—see s 1.10.

Note 3 Changing the external appearance, material or finish of a building or structure may be subject to other laws, including heritage laws and energy efficiency provisions of building laws.

1.23 Maintenance of buildings and structures

A designated development (other than a development to which section 1.22 applies) for the maintenance of a building or structure if—

(a) the maintenance does not involve changing the kind of material used for the part of the building or structure to which the maintenance relates; and

Examples—maintenance

1 replacing a building's rotted timber window frames to maintain the building's appearance and to weatherproof the building

2 repairing a building's plant and equipment

Note 1 Replacing items such as windows might be subject to other laws, including heritage laws.

Note 2 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).

(b) the designated development complies with the general exemption criteria, other than section 1.14 (2) (Criterion 4—heritage, tree and environment protection), that are applicable to the development.

Note 1 Designated development , in relation to land—see s 1.2.

Note 2 General exemption criteria , for a development—see s 1.10.

Note 3 Changing the external appearance, material or finish of a building or structure may be subject to other laws, including heritage laws and energy efficiency provisions of building laws.

1.24 Buildings—roof slope changes

(1) A designated development for changing the slope of all or part of a building's roof if—

(a) the change does not do any of the following:

(i) change the slope by more than 2 ^o;

(ii) increase the volume or floor area of an existing attic;

(iii) create a new attic; and

(b) the designated development complies with the general exemption criteria that are applicable to the development.

Note 1 Designated development , in relation to land—see s 1.2.

Note 2 General exemption criteria , for a development—see s 1.10.

(2) In this section:

"attic"—see the territory plan (13 Definitions).

1.25 Buildings—chimneys, flues and vents

A designated development for a chimney, flue or vent for a building if—

(a) the chimney, flue or vent—

(i) penetrates, or is attached to, the building's roof; and

(ii) does not extend more than 1.5m above the lowest point of the roof where the chimney, flue or vent penetrates, or attaches to, the roof; and

(b) the designated development complies with the general exemption criteria that are applicable to the development.

Example—chimney that is an exempt development

A chimney penetrates a sloping roof. The vertical distance from the top of the chimney to the point where the chimney emerges from the roof's surface, on the downhill side of the chimney, is 1.45m.

Note 1 Designated development , in relation to land—see s 1.2.

Note 2 General exemption criteria , for a development—see s 1.10.

Note 3 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).

1.26 Buildings—skylights

A designated development for a skylight in the roof of a building if—

(a) the external area of the skylight is not more than 2m ²; and

(b) the skylight does not project more than 150mm above the surface of the roof adjacent to the skylight; and

Note 1 Designated development , in relation to land—see s 1.2.

Note 2 General exemption criteria , for a development—see s 1.10.

Note 3 Changing the external appearance, material or finish of a building or structure may be subject to other laws, including heritage laws and energy efficiency provisions of building laws.

1.26A Buildings—external shades

(1) In this section:

"external shade" means a device used to shade a window or door externally, and includes a pole, post or any other item associated with an external shade.

Examples

awning, blind, louvre, shutter

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).

(2) A designated development for an external shade if—

(a) the external shade, when opened to its full capacity, is within the boundary of the block; and

(b) the designated development complies with the general exemption criteria that are applicable to the development.

1.27 External heaters and coolers

(1) A designated development for an externally mounted service for a block if—

(a) no part of the service is within 1.5m of a side boundary or rear boundary of the block; and

(b) if the service is mounted on a roof—the distance from the top of the service to the closest point of the roof is not more than 1.5m; and

(c) if the service is mounted on the ground—no part of the service is between a front boundary and a building line for the block; and

(d) the designated development complies with the general exemption criteria, other than section 1.18 (Criterion 8—compliance with other applicable exemption criteria), that are applicable to the development.

Note 1 Designated development , in relation to land—see s 1.2.

Note 2 General exemption criteria for a development—see s 1.10.

(2) In this section:

"service"—

(a) means a solar water heater, air conditioner or evaporative cooler; and

(b) includes the support structures (if any) for the heater, air conditioner or evaporative cooler.

"solar water heater"—see the Building (General) Regulation 2008 , schedule 1, section 1.1.

1.27A External photovoltaic panels

(1) A designated development for an externally mounted photovoltaic panel for a block if—

(a) no part of the panel is within 1.5m of a side boundary or rear boundary of the block; and

(b) if the panel is a protruding panel—

(i) no part of the panel is more than 300mm above the closest point of the roof; or

(ii) no part of the panel restricts solar access to another block; and

(c) if the panel is mounted on the ground—no part of the panel is between a front boundary and a building line for the block; and

Note 1 Designated development , in relation to land—see s 1.2.

Note 2 General exemption criteria for a development—see s 1.10.

(2) In this section:

"protruding panel "means a roof mounted photovoltaic panel any part of which is higher than a plane projected at 30 ^oabove horizontal from a height of 3m above the natural ground level at a boundary of the block.

"restrict"—a protruding panel on a block restricts solar access to another block if, on the winter solstice when the sun's angle is 30 ^oabove the horizon, the shadow cast by the panel at natural ground level on the other block is larger than the shadow that would be cast on the other block by the roof if the protruding panels were not mounted on it.

1.28 Buildings—external switchboards

A designated development for a switchboard on the exterior of a building if the designated development complies with the general exemption criteria that are applicable to the development.

Note 1 Designated development , in relation to land—see s 1.2.

Note 2 General exemption criteria , for a development—see s 1.10.

1.29 Buildings—external area lighting

(1) A designated development for area lighting on the exterior of a building if the designated development complies with the general exemption criteria that are applicable to the development.

Note 1 Designated development , in relation to land—see s 1.2.

Note 2 General exemption criteria , for a development—see s 1.10.

Note 3 Other laws, including the Environment Protection Act 1997 " (see dict, def "pollutant , par (d)), apply in relation to the emission of electromagnetic radiation, including light.

(2) In this section:

"area lighting" means lighting to assist people to avoid obstacles while moving around the exterior of a building.

1.30 Residential leases—driveway crossings of road verges

(1) A designated development for a driveway across a road verge for a residential lease granted for a single dwelling if—

(a) only 1 dwelling has been built on the lease and a development application for another dwelling has not been made in relation to the lease; and

(b) the construction of the driveway will result in not more than 2 driveways across the road verge for the lease; and

(c) the director-general of the administrative unit responsible for municipal services has agreed, in writing, to the provision of the driveway; and

(d) the driveway is constructed in accordance with the consent; and

(e) the designated development complies with the general exemption criteria that are applicable to the development.

Note 1 Designated development , in relation to land—see s 1.2.

Note 2 General exemption criteria , for a development—see s 1.10.

Note 3 Residential lease —see the Act, s 234.

(2) In this section:

"road verge" means the area between the trafficable part of a road and the boundary of a lease adjacent to the road.

Note This item does not apply to that part of a driveway that is on the residential lease, but other provisions in this schedule might apply to that part of a driveway.

1.30A Resealing existing driveways

A designated development for resealing an existing driveway if—

(a) 1 or more of the following materials is used:

(i) concrete (including coloured or patterned concrete);

(ii) bitumen;

(iii) pavers, including bricks;

(iv) timber;

(v) grass, including stabilising treatment; and

(b) the designated development complies with the general exemption criteria that are applicable to the development.

Note A driveway in an existing school campus may also be exempt under s 1.99R.

1.31 Temporary buildings and structures

(1) In this section:

"event" means a fair, circus, carnival, celebration, market, show, concert, display, exhibition, competition, training event, recreational event or publicity event or similar activity.

"prescribed general exemption criteria" means the general exemption criteria, other than section 1.18 (Criterion 8—compliance with other applicable exemption criteria).

Note General exemption criteria , for a development—see s 1.10.

(2) A designated development for a temporary, portable or demountable building or structure if—

(a) the building or structure is for use at the site of another development or an event; and

(b) if the building or structure is for use at the site of another development—the building or structure is associated with carrying out the other development; and

(i) 1 year after the day the designated development for the building or structure begins;

(ii) if the planning and land authority extends, in writing, the 1-year period—the period as extended; and

(d) the designated development complies with the prescribed general exemption criteria that are applicable to the development.

Note Designated development , in relation to land—see s 1.2.

Division 1.3.2 Exempt developments—non-habitable buildings and structures

Subdivision 1.3.2.1 Preliminary

1.40 Meaning of class 10a building —div 1.3.2

In this division:

class 10a building includes the following:

(a) a garage, carport or shed;

(b) a conservatory, greenhouse, gazebo, pergola, shelter, shade structure or hail protection structure, studio, workshop or cubbyhouse;

(d) a deck, verandah, porch, landing, stairs or ramp.

Note 1 Class , for a building or structure, means the class of building or structure under the building code (see dict).

Note 2 A swimming pool is not a class 10a building (see building code).

1.41 Class 10 buildings and structures—2nd exempt building or structure within boundary clearance area

(1) In this section:

"boundary clearance area", for a side boundary or rear boundary of a block, means the area between the boundary and a line drawn 1.5m inside the block and parallel to the boundary.

class 10 building or structure does not include a sign installed on land.

"relevant cross-section area", of a building or structure partially or fully within a boundary clearance area, means the area of the largest cross-section of the building or structure at any point in the area when measured in a plane parallel to the boundary.

(2) A designated development for a class 10 building or structure (the 2nd thing ) in a boundary clearance area of a block if—

(a) an existing class 10 building or structure (the 1st thing ) is partially or fully in a boundary clearance area of the block; and

(b) the 2nd thing would be exempt under another section of this schedule if the 1st building were not located partially or fully within the boundary clearance area; and

(d) the 1st thing and 2nd thing—

(i) are the only class 10 buildings or structures (other than a boundary fence) that are partially or fully within the boundary clearance area; and

(ii) have a combined relevant cross-section area above natural ground level of not more than 30m ²; and

(e) the designated development complies with the general exemption criteria that are applicable to the development.

Example—par (d) (ii)

A regular-shaped, flat-roofed, garden shed faces parallel to and is 1m from the boundary of a block. Its relevant cross-section area is the area of the rectangles bounded by the shed wall that faces the boundary and the edge of its roof, a total area of 15m ².

The block's owner proposes to build a 2nd class 10a building which is a circular rotunda with a domed roof. Its relevant cross-section area is the largest cross-section of the rotunda at any point in the boundary clearance area when measured in a plane parallel to the boundary, an area of 18m ².

Because the combined relevant cross-section areas of shed and rotunda are more than 30m ², the rotunda does not comply with this section and is not exempt from a development application.

Note 1 Designated development , in relation to land—see s 1.2.

Note 2 General exemption criteria , for a development—see s 1.10.

Note 3 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).

(3) To remove any doubt, this section applies in relation to the boundary clearance area of each side boundary and rear boundary of a block.

Subdivision 1.3.2.2 Class 10a buildings

1.45 Roofed class 10a buildings—enclosed or open on 1 side

(1) A designated development for a class 10a building on a block if—

(a) the building is not an external deck or external verandah; and

Note For external decks, see s 1.48 and for external verandahs, see s 1.49.

(b) the building is enclosed by a roof and has walls on—

(i) each of its sides; or

(ii) each of its sides except for 1 side; and

(i) if subsection (2) applies—4m above natural ground level; or

(ii) in any other case—3m above natural ground level; and

Note Natural ground level —see the territory plan (13 Definitions).

(d) the building does not exceed the size limitation for the block; and

(e) the building complies with the setback requirement for the block; and

(f) if any part of the building is within 1.5m of a side boundary or rear boundary of the block—

(i) the building is the only class 10 building or structure (other than a boundary fence) that has any part of it that is within 1.5m of the boundary; or

(ii) section 1.41 (Class 10 buildings and structures—2nd exempt building or structure within boundary clearance area) applies to the building; and

(g) the designated development complies with the general exemption criteria that are applicable to the development.

Note 1 Designated development , in relation to land—see s 1.2.

Note 2 General exemption criteria , for a development—see s 1.10.

(2) This subsection applies to a building that—

(a) is more than 3m above natural ground level; but

(b) has no part higher than a plane projecting at 30 ^oabove the horizontal from a height 3m above the natural ground level at a boundary.

(3) In this section:

"setback requirement", for a building in relation to a block, means—

(a) if the building has a plan area of not more than 10m ²—the building is behind the building line for the block; or

(b) if the building has a plan area of more than 10m ²—the building is behind the building line for the block and at least 15m from the block's front boundary

Note 1 Building line and front boundary —see the territory plan (13 Definitions).

Note 2 Plan area —see the dictionary.

"size limitation", for a building in relation to a block, means—

(a) if the size of the block is less than 500m ²—the building has a plan area of not more than 10m ²; or

(b) if the size of the block is 500m ²or more but less than 600 m ²—the building has a plan area of not more than 25m ²; or

1.46 Roofed class 10a buildings—unenclosed or partially open

(1) A designated development for a class 10a building on a block if—

(a) the building is not an external deck or external verandah; and

Note For external decks, see s 1.48 and for external verandahs, see s 1.49.

(b) the height of the building is not more than—

(i) if subsection (2) applies—4m above natural ground level; or

(ii) in any other case—3m above natural ground level; and

Note Natural ground level —see the territory plan (13 Definitions).

(i) is enclosed by a roof which has a plan area of not more than 50m ²; and

Note Plan area —see the dictionary.

(ii) has walls on not more than 2 of its sides; and

(d) the building is behind the building line for the block; and

Note Building line —see the territory plan (13 Definitions).

(e) if the building has a floor—the height of the finished floor level is not more than—

(i) for any part of the building that is within 1.5m of a side boundary or rear boundary of the block—0.4m above natural ground level; and

(ii) in any other case—1m above finished ground level; and

(f) if any part of the building is within 1.5m of a side boundary or rear boundary of the block—

(i) the building is the only class 10 building or structure (other than a boundary fence) that has any part of it that is within 1.5m of the boundary; or

(ii) section 1.41 (Class 10 buildings and structures—2nd exempt building or structure within boundary clearance area) applies to the building; and

(g) the designated development complies with the general exemption criteria that are applicable to the development.

Note 1 Designated development , in relation to land—see s 1.2.

Note 2 General exemption criteria , for a development—see s 1.10.

(2) This subsection applies to a building that—

(a) is more than 3m above natural ground level; but

(b) has no part higher than a plane projecting at 30 ^oabove the horizontal from a height 3m above the natural ground level at a boundary.

1.47 Class 10a buildings—unroofed and unenclosed

(1) A designated development for a building on a block if—

(a) the building is not an external deck or external verandah; and

Note For external decks, see s 1.48 and for external verandahs, see s 1.49.

(b) the building does not have a roof or any walls; and

(i) if subsection (2) applies—4m above natural ground level; or

(ii) in any other case—3m above natural ground level; and

Note Natural ground level —see the territory plan (13 Definitions).

(d) if the building has a floor—the height of the finished floor level is not more than—

(i) for any part of the building that is within 1.5m of a side boundary or rear boundary of the block—0.4m above natural ground level; and

(ii) in any other case—1m above finished ground level; and

(e) the building is behind the building line for the block; and

Note Building line —see the territory plan (13 Definitions).

(f) if any part of the building is within 1.5m of a side boundary or rear boundary of the block—

(i) the building is the only class 10 building or structure (other than a boundary fence) that has any part of it that is within 1.5m of the boundary; or

(ii) section 1.41 (Class 10 buildings and structures—2nd exempt building or structure within boundary clearance area) applies to the building; and

(g) the designated development complies with the general exemption criteria that are applicable to the development.

Note 1 Designated development , in relation to land—see s 1.2.

Note 2 General exemption criteria , for a development—see s 1.10.

(2) This subsection applies to a building that—

(a) is more than 3m above natural ground level; but

(b) has no part higher than a plane projecting at 30 ^oabove the horizontal from a height 3m above the natural ground level at a boundary.

1.48 Class 10a buildings—external decks

(1) In this section:

"balustrade" includes a barrier that acts as a balustrade.

"deck" includes any of the following for the deck:

(a) external stairs or ramp;

(b) an external landing;

(2) A designated development for an external deck on a block if—

(a) the deck does not have a roof; and

(b) the height of the finished floor level of the deck is not more than—

(i) for any part of the deck that is either between a front boundary and a building line for the block or within 1.5m of a side boundary or rear boundary of the block—0.4m above natural ground level; and

(ii) in any other case—1m above finished ground level; and

Note Building line , front boundary and "natural ground level"—see the territory plan (13 Definitions).

(c) if any part of the deck is between a front boundary and a building line for the block—that part of the deck does not have a balustrade; and

(d) if any part of the deck is behind a building line for the block—the height of any balustrade for that part of the deck is not more than 1.2m above the finished floor level for the deck; and

(e) if any part of the deck is higher than 0.4m above natural ground level and within 1.5m of a side boundary or rear boundary of the block—

(i) the deck is the only class 10 building or structure (other than a boundary fence) that has any part of it that is within 1.5m of the boundary; or

(ii) section 1.41 (Class 10 buildings and structures—2nd exempt building or structure within boundary clearance area) applies to the deck; and

(f) the designated development complies with the general exemption criteria that are applicable to the development.

Note 1 Designated development , in relation to land—see s 1.2.

Note 2 General exemption criteria , for a development—see s 1.10.

1.49 Class 10a buildings—external verandahs

(1) In this section:

"verandah" includes any of the following for the verandah:

(a) external stairs or ramp;

(b) an external landing;

(2) A designated development for an external verandah on a block if—

(a) the verandah is attached to, or immediately adjacent to, a dwelling on the block; and

(b) the plan area of the verandah is not more than 10m ²; and

Note Plan area —see the dictionary.

(i) higher than 3m above natural ground level; or

Note Natural ground level —see the territory plan (13 Definitions).

(ii) within 5.5m from the front boundary of the block; or

(iii) within 1.5m of a side boundary or rear boundary of the block; and

(d) if the verandah has a floor—the height of the finished floor level is not more than 1m above finished ground level; and

(e) the designated development complies with the general exemption criteria that are applicable to the development.

Note 1 Designated development , in relation to land—see s 1.2.

Note 2 General exemption criteria , for a development—see s 1.10.

Subdivision 1.3.2.3 Class 10b structures

1.50 Class 10b structures—plan area not more than 2m ²

Note Class 10b structures include the following:

• a fence, retaining wall or freestanding wall

• a mast or antenna

• a swimming pool.

(1) A designated development for a class 10b structure, other than a sign, on a block if—

(a) the plan area of the structure is not more than 2m ²; and

Note Plan area —see the dictionary.

(b) the structure is not—

(i) wider than 2m; or

(ii) higher than 1.85m above natural ground level; and

Note Natural ground level —see the territory plan (13 Definitions).

(c) if the structure has a floor—the height of the finished floor level is not more than 0.4m above natural ground level; and

(d) if the structure is not a single letterbox—no part of the structure is between a front boundary and a building line for the block; and

Note Building line and front boundary —see the territory plan (13 Definitions).

(e) the height of any part of the structure that is within 1.5m of a side boundary or rear boundary of the block is not more than 0.4m above natural ground level; and

(f) if any part of the structure is within 1.5m of a side boundary or rear boundary of the block—

(i) the structure is the only class 10 building or structure (other than a boundary fence) that has any part of it that is within 1.5m of the boundary; or

(ii) section 1.41 (Class 10 buildings and structures—2nd exempt building or structure within boundary clearance area) applies to the structure; and

(g) the designated development complies with the general exemption criteria that are applicable to the development.

Note 1 Designated development , in relation to land—see s 1.2.

Note 2 General exemption criteria , for a development—see s 1.10.

1.51 Fences and freestanding walls generally

(1) In this section:

"excluded criteria "means any other criteria in division 1.3.2 (Exempt developments—non-habitable buildings and structures), other than section 1.41, that apply to the development.

Note The general exemption criteria include s 1.18 (Criterion 8—compliance with other applicable exemption criteria) which provides that a development must comply with any other criteria in pt 1.3 that apply to the development.

"fence"—

(a) includes a gate that forms part of, or functions as, a fence; but

(b) does not include a fence for an open space boundary.

"wall" includes a gate that forms part of, or functions as, a wall.

(2) A designated development for a fence for, or freestanding wall on, a block if—

(a) the fence or wall is not higher than—

(i) for a mesh fence in an industrial zone—2.7m above natural ground level; or

(ii) in any other case—

(A) for a panel of a fence or wall—2.3m above natural ground level; or

(B) for the support post or column of a fence or wall—2.5m above natural ground level; and

Note Natural ground level —see the territory plan (13 Definitions).

(b) no part of the fence or wall is between a front boundary and a building line for the block; and

Note Building line and front boundary —see the territory plan (13 Definitions).

(i) in a way that causes ponding; or

(ii) onto other land; and

Note Surface water —see the Water Resources Act 2007 , s 8.

(d) the designated development complies with the general exemption criteria, other than the excluded criteria, that are applicable to the development.

Note 1 Designated development , in relation to land—see s 1.2.

Note 2 General exemption criteria , for a development—see s 1.10.

1.52 Basic open space boundary fences

Note The Act, s 416A defines open space boundary as meaning a boundary between leased and unleased land (see this sch, s 1.1).

(1) A designated development for a fence for an open space boundary for a block if—

(a) a development requirement for the block requires the building of a basic paling fence for the boundary; and

Note Basic paling fence —see the Act, s 416A.

(b) the fence—

(i) is not higher than 1.85m above natural ground level; and

(ii) is a basic paling fence or complies with subsection (2); and

(i) in a way that causes ponding; or

(ii) onto other land; and

Note Surface water —see the Water Resources Act 2007 , s 8.

(d) the designated development complies with the general exemption criteria that are applicable to the development.

Note 1 Designated development , in relation to land—see s 1.2.

Note 2 General exemption criteria , for a development—see s 1.10.

(2) A fence for an open space boundary for a block complies with this subsection if—

(a) the fence's panels and support structure are—

(i) made of unperforated metal; and

(ii) finished in a precoloured proprietary finish; and

(iii) used in accordance with the manufacturer's relevant written instructions; and

(b) all sharp edges of metal sheets are capped; and

(i) the panels are of the same material, flatness and corrugation (if any); and

(ii) all of the visible components (other than fasteners, footings and the cut ends of components) are the same external colour as the panels; and

(iii) the component's colour is a solid colour that is, or closely matches, a colour from AS 2700 ( Colour Standards for General Purposes ) mentioned in part 1.4 (Permitted open space boundary fence colours); and

(iv) the form, finish and colour of the fence is the same for the full length of the open space boundary for the block for that side of the fence.

(3) In this section:

"development requirement"—see the Act, section 416A.

1.53 Retaining walls

(1) A designated development for a retaining wall on a block if—

(a) if the retaining wall is between a front boundary and a building line for the block—the retaining wall is not higher than 0.4m above natural ground level on the lowest side of the wall; and

Note Building line and front boundary —see the territory plan (13 Definitions).

(b) the retaining wall is not higher than—

(i) if it is a cut-in retaining wall—

(A) for any part of the wall that is within 1.5m of a side boundary or rear boundary of the block—0.4m above natural ground level on the lowest side of the wall; and

(B) for any other part of the wall—1.2m above natural ground level on the lowest side of the wall; and

(ii) if it is a fill retaining wall—

(A) for any part of the wall that is within 1.5m of a side boundary or rear boundary of the block—0.4m above natural ground level on the lowest side of the wall; and

(B) for any other part of the wall—1m above natural ground level on the lowest side of the wall; and

(iii) if it is a combination retaining wall—

(A) for any part of the wall that is within 1.5m of a side boundary or rear boundary of the block—0.4m above natural ground level on the lowest side of the wall; and

(B) for any other part of the wall—1.2m above natural ground level on the lowest side of the wall; and

Note Natural ground level —see the territory plan (13 Definitions).

(c) if any part of the retaining wall is higher than 0.4m above natural ground level on the lowest side of the wall and within 1.5m of a side boundary or rear boundary of the block—

(i) the retaining wall is the only class 10 building or structure (other than a boundary fence) that has any part of it that is within 1.5m of the boundary; or

(ii) section 1.41 (Class 10 buildings and structures—2nd exempt building or structure within boundary clearance area) applies to the retaining wall; and

(d) the designated development complies with the general exemption criteria that are applicable to the development.

Note 1 Designated development , in relation to land—see s 1.2.

Note 2 General exemption criteria , for a development—see s 1.10.

(2) In this section:

"combination retaining wall" means a retaining wall that is both a cut-in retaining wall and a fill retaining wall.

"cut-in retaining wall" means a wall, or that part of a wall, retaining earth below natural ground level.

"fill retaining wall" means a wall, or that part of a wall, retaining earth above natural ground level.

1.54 Swimming pools

(1) A designated development for a swimming pool on a block if—

(a) no part of the pool, or an associated structure, is—

(i) between a front boundary and a building line for the block; or

(ii) within 1.5m of a side boundary or rear boundary for the block; and

(b) if the pool includes an associated structure with an elevated floor—the height of the finished floor level is not more than 1m above finished ground level; and

Note Natural ground level —see the territory plan (13 Definitions).

(d) the designated development complies with the general exemption criteria that are applicable to the development.

Note 1 Designated development , in relation to land—see s 1.2.

Note 2 General exemption criteria , for a development—see s 1.10.

(2) In this section:

"associated structure", in relation to a swimming pool—

(a) includes a deck, landing, stairs or ramp, for the pool; but

(b) does not include a retaining wall or landscaping for the pool.

"swimming pool"—see the Building (General) Regulation 2008 , schedule 1, section 1.1.

1.59 Dish antennas

(1) In this section:

dish antenna means a parabolic antenna with a solid, wire or mesh dish and includes the support structures for the antenna.

(2) A designated development for a dish antenna on a block if—

(a) the antenna is a receiving antenna only or an antenna that can send and receive a signal; and

(b) if the antenna is mounted on the ground—

(i) the diameter of the antenna is not more than 1.55m; and

(ii) the height of the antenna is not more than 3m above natural ground level; and

Note Natural ground level —see the territory plan (13 Definitions).

(i) the diameter of the antenna is not more than 0.65m; and

(ii) if the building is a single dwelling where the closest point of the dwelling's roof to the antenna is lower than the highest point of the antenna—the distance from the highest point of the antenna to the closest point on the roof is not more than 1.5m; and

(d) if the antenna is externally mounted on a building in a non-residential area—

(i) the diameter of the antenna is not more than 1.55m; and

(ii) if the closest point of the building's roof to the antenna is lower than the highest point of the antenna—the distance from the highest point of the antenna to the closest point on the roof is not more than 2m; and

(iii) the antenna is screened so that it cannot be seen by a 2m tall person standing on the ground less than 100m from the antenna; and

(iv) the antenna's colour matches the adjacent colour of the building or is the colour of the antenna as manufactured; and

(e) if any part of the antenna is within 1.5m of a side boundary or rear boundary of the block—

(i) the antenna is the only class 10 building or structure (other than a boundary fence) that has any part of it that is within 1.5m of the boundary; or

(ii) section 1.41 (Class 10 buildings and structures—2nd exempt building or structure within boundary clearance area) applies to the antenna; and

(f) the designated development complies with the general exemption criteria that are applicable to the development.

Note 1 Designated development , in relation to land—see s 1.2.

Note 2 General exemption criteria , for a development—see s 1.10.

1.60 Mast antennas

(1) In this section:

"mast antenna" means a tower, pole or aerial structure and includes the support structures for the antenna.

(2) A designated development for a mast antenna on a block if—

(a) the antenna is a receiving antenna only or an antenna that can send and receive a signal; and

(b) the diameter of the antenna is not more than 0.75m; and

(i) the height of the antenna is not more than 6m above natural ground level; or

(ii) if any part of the antenna is within 1.5m of a side boundary or rear boundary of the block—no part of the antenna is more than 6m above natural ground level; and

(d) if the antenna is mounted on a building—

(i) no part of the antenna is more than 1.5m above the highest point of the building; and

(ii) the antenna's colour matches the colour of the building; and

(e) if any part of the antenna is within 1.5m of a side boundary or rear boundary of the block—

(i) the antenna is the only class 10 building or structure (other than a boundary fence) that has any part of it that is within 1.5m of the boundary; or

(ii) section 1.41 (Class 10 buildings and structures—2nd exempt building or structure within boundary clearance area) applies to the antenna; and

(f) the designated development complies with the general exemption criteria, other than the excluded criteria, that are applicable to the development.

Note 1 Designated development , in relation to land—see s 1.2.

Note 2 General exemption criteria , for a development—see s 1.10.

(3) In this section:

"excluded criteria" means any other criteria in division 1.3.2 (Exempt developments—non-habitable buildings and structures), other than section 1.41, that apply to the development.

1.61 Flag poles

(1) In this section:

"flag pole "includes a lanyard, flag or other item associated with a flag pole.

(2) A designated development for building or installing a flag pole if—

(a) the height of the flag pole is not more than 10m above finished ground level; and

(b) the designated development complies with the general exemption criteria that are applicable to the development.

Note A flag pole in an existing school campus may also be exempt under s 1.99L.

Subdivision 1.3.2.4 Other structures

1.62 Water tanks

A designated development for a water tank on a block if—

(a) the tank does not have a capacity of more than 20kL; and

(b) if any part of the tank is located between a front boundary and a building line for the block—the whole tank is buried under the natural ground level; and

Note Natural ground level —see the territory plan (13 Definitions).

(d) the designated development complies with the general exemption criteria that are applicable to the development.

Note Designated development , in relation to land—see s 1.2.

1.63 External ponds

A designated development for an external pond on a block if—

(a) the pond is not for, or used for, swimming, wading or bathing; and

(b) the maximum depth of water the pond can hold is not more than 300mm; and

(d) no part of the pond is located between a front boundary and a building line for the block; and

Note Building line and front boundary —see the territory plan (13 Definitions).

(e) the designated development complies with the general exemption criteria that are applicable to the development.

Note 1 Designated development , in relation to land—see s 1.2.

Note 2 General exemption criteria , for a development—see s 1.10.

1.64 Animal enclosures

(1) A designated development for an animal enclosure on a block if—

(a) the enclosure's plan area is not more than 10m ²; and

Note Plan area —see the dictionary.

(b) the enclosure's height is not more than 3m above natural ground level; and

Note Natural ground level —see the territory plan (13 Definitions).

Note Building line and front boundary —see the territory plan (13 Definitions).

(d) the designated development complies with the general exemption criteria, other than the excluded criteria, that are applicable to the development.

Note 1 Designated development , in relation to land—see s 1.2.

Note 2 General exemption criteria , for a development—see s 1.10.

Note 3 Other laws, including animal welfare laws, may be relevant (see s 1.4).

(2) In this section:

"excluded criteria" means any other criteria in division 1.3.2 (Exempt developments—non-habitable buildings and structures), other than section 1.41, that apply to the development.

1.64A Clothes lines

(1) A designated development for a clothes line on a block if—

(a) the clothes line's height (including any extendable part extended) is not more than 3m above natural ground level; and

Note Natural ground level —see the territory plan (13 Definitions).

(b) total line length is not more than 60m and the span or cantilever of any support is not more than 3m; and

Note Building line and front boundary —see the territory plan (13 Definitions).

(d) the designated development complies with the general exemption criteria, other than the excluded criteria, that are applicable to the development.

Note 1 Designated development , in relation to land—see s 1.2.

Note 2 General exemption criteria , for a development—see s 1.10.

(2) In this section:

"excluded criteria" means any other criteria in division 1.3.2 (Exempt developments—non-habitable buildings and structures), other than section 1.41, that apply to the development.

Division 1.3.3 Exempt developments—signs

1.65 Public works signs excluded—div 1.3.3

This division does not apply to the putting up, attaching or displaying of a sign that is for public works under section 1.90.

1.66 Meaning of prescribed general exemption criteria —div 1.3.3

In this division:

"prescribed general exemption criteria" means the general exemption criteria, other than section 1.18 (Criterion 8—compliance with other applicable exemption criteria).

Note General exemption criteria , for a development—see s 1.10.

1.67 Signs attached etc to buildings, structures and land

The putting up, attaching or displaying of a sign (whether permanent or temporary) on land, or to a building or structure on land, if—

(a) the sign is put up, attached or displayed in such a way that the sign cannot be removed without—

(i) for a sign attached to or displayed on a building or structure—damaging the sign, building or structure or unfastening the sign; and

(ii) for a sign put up or displayed on the ground—disturbing the ground; and

(b) the sign is of a type mentioned in part 1.5 (Tables of exempt signs) and is located in a zone for which the letter ‘A' appears in the column for the zone in which the building, structure or land is located; and

Note Type , of sign—see s 1.1.

(d) the putting up, attaching or displaying of the sign complies with the prescribed general exemption criteria that are applicable to the development.

Note 1 Prescribed general exemption criteria —see s 1.66.

Note 2 Fixed signs that encroach into unleased land require a licence under the Act, pt 9.11.

Note 3 Other laws, including the Roads and Public Places Act 1937 , may regulate the placement of the sign.

1.68 Moveable signs in public places

(1) The display of a moveable sign in a public place if—

(a) the sign does not impede public access to a place (including a public place); and

(b) the surface area of any side of the sign is not more than 1.5m ²; and

(d) the display of the sign complies with the prescribed general exemption criteria that are applicable to the development.

Note 1 Prescribed general exemption criteria —see s 1.66.

Note 2 Other laws, including the Roads and Public Places Act 1937 , may regulate the placement of the sign.

(2) In this section:

"moveable sign" means a sign that is not fixed to a building or structure.

"public place"—see the Roads and Public Places Act 1937 , dictionary.

1.69 Temporary signs

Putting up, attaching or displaying a sign if—

(a) the sign is of a type mentioned in part 1.5 (Tables of exempt signs) and is located in a zone for which the letter ‘T' appears in the column for the zone in which the building, structure or land is located; and

Note Type , of sign—see s 1.1.

(b) the sign complies with the requirements (if any) of the Signs General Code in relation to the sign; and

(d) the putting up, attaching or displaying of the sign complies with the prescribed general exemption criteria that are applicable to the development.

Note 1 Prescribed general exemption criteria —see s 1.66.

Note 2 Temporary signs that encroach into unleased land require a licence under the Act, pt 9.11.

Note 3 Other laws, including the Roads and Public Places Act 1937 , may regulate the placement of the sign.

1.70 Signs—information about future urban areas

Putting up, attaching or displaying a sign containing information about a future urban area if—

(a) the information on the sign—

(i) is approved by the Territory; and

(ii) is not about the marketing or sale of the land; and

(b) neither of the horizontal or vertical dimensions of the sign are longer than 2m; and

(d) the height of the sign is not more than 2.5m above finished ground level; and

(e) the putting up, attaching or displaying of the sign complies with the prescribed general exemption criteria that are applicable to the development.

Note 1 Prescribed general exemption criteria —see s 1.66.

Note 2 Future urban area —see the Act, dictionary.

Division 1.3.3A Exempt developments—community gardens

1.72 Definitions—div 1.3.3A

In this division:

"boundary "means the boundary of—

(a) the unleased territory land on which a community garden is established; or

(b) the existing school campus on which a community garden is established.

class 10a building means any of the following buildings that are class 10a buildings under the building code:

(a) a shed

(b) a greenhouse;

(d) a pergola;

(e) a hail protection structure;

(f) a storeroom or other out-building.

Note Class , for a building or structure, means the class of building or structure under the building code (see dict).

class 10b structure means any of the following structures that are class 10b structures under the building code:

(a) an arbour;

(b) an arch;

(d) a freestanding wall;

(e) a garden bed;

(f) a pole.

Note Class , for a building or structure, means the class of building or structure under the building code (see dict).

"community garden"—

(a) means the use of land for the cultivation of produce primarily for personal use by the individuals undertaking the gardening; and

(b) includes demonstration gardening or other activities to encourage the involvement of school groups, youth groups or others in gardening activities.

Example

a garden in a school that is cultivated by students and grows produce for use in the school canteen

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).

1.73 Application—div 1.3.3A

(1) This division applies to a community garden if—

(a) the garden is established on—

(i) unleased territory land under a licence granted under the Act, part 9.11 (Licences for unleased land); or

(ii) an existing school campus.

Note Existing school campus —see s 1.97.

(2) If this division applies to a community garden the following sections of schedule 1 do not apply in relation to a development in the community garden:

(a) section 1.41 (Class 10 buildings and structures—2nd exempt building or structure within boundary clearance area);

(b) section 1.45 (Roofed class 10a buildings—enclosed or open on 1 side);

(d) section 1.47 (Class 10a buildings—unroofed and unenclosed);

(e) section 1.50 (Class 10b structures—plan area not more than 2m ²);

(f) section 1.51 (Fences and freestanding walls generally);

(g) section 1.52 (Basic open space boundary fences);

(h) section 1.62 (Water tanks);

(i) section 1.63 (External ponds);

(j) section 1.100 (Compliant single buildings).

Note The provisions of sch 1 that are not mentioned in this section may apply in relation to a development in a community garden.

1.74 Community gardens—general exemption criteria

Unless otherwise stated in a provision, a development to which this division applies must comply with the general exemption criteria, other than section 1.18 (Criterion 8—compliance with other applicable exemption criteria), that are applicable to the development.

Note 1 Designated development , in relation to land—see s 1.2.

Note 2 General exemption criteria for a development—see s 1.10.

1.74A Community gardens—class 10a building

A designated development for building or installing a class 10a building in a community garden if—

(a) the height of the building is—

(i) not more than 3m above natural ground level; or

(ii) if no part of the building is higher than a plane projecting at 30 ^oabove horizontal from a height of 3m above the natural ground level at a boundary—not more than 4m above natural ground level; and

Note Natural ground level —see the territory plan (13 Definitions).

(b) the plan area of the building is—

(i) if the community garden is less than 600m ²—not more than 10m ²; or

(ii) if the community garden is 600m ²or more—not more than 50m ²; and

(i) if the building is within 1.5m of a boundary—not more than 0.4m above natural ground level; or

(ii) in any other case—not more than 1m above finished ground level; and

Note Finished ground level —see the territory plan (13 Definitions).

(d) the minimum setback between the building and any street frontage is—

(i) if the plan area of the building is not more than 10m ²—6m; or

(ii) if the plan area of the building is more than 10m ²and not more than 50m ²—15m; and

(e) if any part of the building is within 1.5m of a boundary that does not align with any street frontage—

(i) the building is the only class 10 building or structure (other than a boundary fence) that has any part of it within 1.5m of the boundary; or

(ii) section 1.74C applies to the building.

1.74B Community gardens—class 10b structures

(1) A designated development for building or installing a garden bed in a community garden if—

(a) the bed has a plan area of not more than 50m ²; and

(b) the bed is not more than 1m high.

(2) A designated development for building or installing a fence in a community garden if—

(a) the fence is made of mesh; and

(b) the fence is not more than 2.3m high; and

(c) if the fence is a boundary fence—it does not divert or concentrate the flow of surface water in a way that causes the water to pond or be diverted onto other land.

(3) A designated development for building or installing a class 10b structure (other than a garden bed or a fence) in a community garden if the structure—

(a) has a plan area of not more than 2m ²; and

(b) is not wider than 2m; and

(d) if the structure has a floor—the floor is not more than 0.4m above natural ground level; and

(e) if any part of the structure is within 1.5m of a boundary—

(i) the structure is the only class 10 building or structure (other than a boundary fence) that has any part of it within 1.5m of the boundary; or

(ii) section 1.74C applies to the structure.

1.74C Community gardens—boundary clearance area

(1) In this section:

"boundary clearance area "means the area between a boundary and a line drawn 1.5m inside and parallel to the boundary.

class 10 building or structure does not include a sign installed on a community garden.

(2) A designated development for a class 10 building or structure (the 2nd thing ) in a boundary clearance area if—

(a) an existing class 10 building or structure (the 1st thing ) is partially or fully in a boundary clearance area; and

(b) the 2nd thing would be exempt under another section of this division if the 1st thing were not partially or fully within the boundary clearance area; and

(d) the 1st thing and 2nd thing—

(i) are the only class 10 buildings or structures (other than a boundary fence) that are partially or fully within the boundary clearance area; and

(ii) have a combined relevant cross-section area above natural ground level of not more than 30m ².

1.74D Community gardens—water tanks

A designated development for building or installing a water tank in a community garden if—

(a) the capacity of the tank is not more than 20kL; and

(b) the height of the tank is not higher than 3m above natural ground level; and

1.74E Community gardens—ponds

A designated development for building or installing an external pond in a community garden if—

(a) the pond is not for, or used for, swimming, wading or bathing; and

(b) the maximum depth of water the pond can hold is not more than 300mm; and

1.74F Community gardens—shade structures

A designated development for building or installing a shade structure (and carrying out any related earthworks or other construction work on or under the land) in a community garden if—

(a) the height of the shade structure is not more than 4m above existing ground level; and

(b) the plan area of the shade structure is not more than 50m ²; and

Division 1.3.4 Exempt developments—lease variations

1.75 Lease variations—exempt developments

The variation of a lease for the purpose only of allowing a development that is exempt under another section of this schedule.

1.76 Lease variations—withdrawal of part of land

The variation of a lease for the withdrawal of part of the land comprised in the lease.

1.78 Lease variations—subdivisions

The variation of a lease for the purpose of subdividing the land if—

(a) the lease was granted for purposes including development and subdivision; and

(b) the land over which the lease was granted has been developed in accordance with the lease.

Division 1.3.5 Exempt developments—rural leases

1.85 Rural lease developments generally

(1) In this section:

"prescribed general exemption criteria" means the general exemption criteria, other than 1.18 (Criterion 8—compliance with other applicable exemption criteria).

Note General exemption criteria , for a development—see s 1.10.

(2) A designated development on a rural lease if—

(a) if the development is the building or alteration of a building or structure—the development has a plan area of not more than 100m ²; and

Note Plan area —see the dictionary.

(b) the development does not result in the clearing of more than 0.5ha of native vegetation; and

Note Native vegetation —see the Nature Conservation Act 1980 , s 73.

(d) the development does not require any of the following:

(i) a licence under the Water Resources Act 2007 ;

(ii) an environmental authorisation or environmental protection agreement under the Environment Protection Act 1997 ;

(iii) an approval under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth); and

Note 1 Under the Water Resources Act 2007 a licence may be required to do development work for water, including work on a water bore, increasing the quantity of ground water or taking water from a waterway.

Note 2 Under the Environment Protection Act 1997 an environmental authorisation or environmental protection agreement may be required to do certain development work, including work causing pollution.

Note 3 Under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) an approval may be required to do certain development work, including work that reduces the population of certain species.

(e) the designated development complies with the prescribed general exemption criteria that are applicable to the development.

Note Designated development , in relation to land—see s 1.2.

1.86 Rural leases—consolidation of rural leases

The consolidation of rural leases if the consolidation of the leases complies with the general exemption criteria that are applicable to the development.

Note 1 For restrictions on the consolidation of rural leases, see the Act, div 9.7.2 and this regulation, pt 5.6.

Note 2 General exemption criteria , for a development—see s 1.10.

Division 1.3.6 Exempt developments—Territory developments

1.90 Public works

(1) A designated development for public works carried out by or for the Territory if—

(a) the development does not require an environmental authorisation or environmental protection agreement under the Environment Protection Act 1997 ; and

(b) the designated development complies with the general exemption criteria that are applicable to the development.

Note 1 Designated development , in relation to land—see s 1.2.

Note 2 Other territory laws must be complied with (see s 1.4).

Note 3 General exemption criteria , for a development—see s 1.10.

(2) In this section:

"ancillary sporting structure"—

(a) means a structure that is designed, or can be used, in relation to playing organised sport; but

(b) does not include a grandstand.

Examples

goal posts, sight screens, fencing

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).

"bicycle parking facility" means a structure built for parking a bicycle with a height not more than 2.4m.

"kiosk "means a structure in an open space that is used to provide food or drinks to people using the open space mainly for another purpose.

"landscaping "means work that affects the landscape of land if the work does not involve any of the following:

(a) clearing an area of native vegetation of more than 0.5ha;

Note Clearing native vegetation—see the Nature Conservation Act 1980 , s 74.

(b) clearing a tract of a forest or arboretum.

"playing field "means an open space that is designed, or can be used, for playing organised sport.

Examples—playing fields

tennis court, football oval, athletics track, basketball court, cricket oval

"public amenities "means toilets, showers and change rooms that are available for public use.

"public works "means—

(a) installation or maintenance of street and park furniture; or

(b) maintenance of a road or car park; or

(c) construction or maintenance of a footpath, bicycle path, bicycle parking facility, walking track or other pedestrian area; or

Examples—construction or maintenance of other pedestrian area

tree planting and repaving, reconstruction of kerbs and gutters

(d) maintenance of stormwater drainage or a flood mitigation structure; or

Examples

stormwater canals and drains, floodways, flood gates, bank protection, earth levees, reservoirs, detention basins

(e) maintenance of a water quality treatment device; or

Examples

litter traps, bioretention systems, wetlands, wetponds, pollutant traps, swales, buffer strips, infiltration trenches

(f) installation or maintenance of an ancillary sporting structure on or beside a playing field; or

(g) maintenance of a playing field; or

Example

resurfacing oval with artificial grass

(h) bushland regeneration, landscaping, gardening, tree planting, tree maintenance, tree removal or fire fuel reduction, construction or maintenance of a fire trail; or

(i) construction, installation or maintenance of a water tank; or

(j) installation or maintenance of a temporary structure for an event; or

(k) installation or maintenance of public amenities; or

(l) installation or maintenance of a kiosk.

Examples

marquee, portable toilet, stage, tent, television screen, scaffolding

"street and park furniture" means the conventional equipment of urban streets and parks.

Examples

1 a seat, bench, table, rubbish bin, recycling bin, barbecue, playground equipment, gazebo, bridge, staircase, boardwalk, rotunda, stage, shade sail, water fountain, bus shelter

2 a bollard, planter box, street tree guard and root cover, guard rail, portico, awning, canopy, flagpole, pergola

3 a parking meter, parking ticket machine, street sign, parking control sign, traffic control device, telephone booth, streetlight, playing field light, variable messaging sign

1.90A Public artworks

(1) A designated development for the installation of a public artwork if—

(a) the development is funded completely or partly by the Territory; and

(b) the public artwork will be located on territory land or land occupied by the Territory; and

(c) the director-general of the administrative unit responsible for municipal services has agreed, in writing, to the location of the public artwork; and

(d) the public artwork has a height of not more than—

(i) for an artwork located adjacent to an arterial road or proposed arterial road—12m above finished ground level; or

(ii) in any other case—6m above finished ground level; and

(e) the development does not require an environmental authorisation or environmental protection agreement under the Environment Protection Act 1997 ; and

(f) the public artwork is not a habitable structure; and

(g) the designated development complies with the general exemption criteria, other than section 1.17 (Criterion 7—no multiple occupancy dwellings), that are applicable to the development.

Note 1 Designated development , in relation to land—see s 1.2.

Note 2 General exemption criteria , for a development—see s 1.10.

(2) In this section:

"arterial road" means a road with a speed limit of at least 80km/h.

Examples

limited access road, parkway, freeway

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).

"public artwork" means an artwork to be displayed in a place open to and accessible by the public.

Examples

sculpture, statue, structure, painting

1.92 Plantation forestry

(1) The planting or harvesting of plantation trees by or for the Territory in an area identified as a P4 (Plantation forestry precinct) precinct in the territory plan if the planting or harvesting of the trees complies with the general exemption criteria that are applicable to the development.

Note General exemption criteria , for a development—see s 1.10.

(2) In this section:

"plantation tree"—

(a) means a tree cultivated to produce a harvest; and

(b) includes a tree naturally generated by a plantation tree.

1.93 Waterway protection work

(1) A designated development carried out by or for the Territory for the protection of waterways if—

(a) the director-general of the administrative unit responsible for municipal services has agreed, in writing, to the work; and

(b) the work does not result in the clearing of more than 0.5ha of native vegetation; and

Note Native vegetation —see the Nature Conservation Act 1980 , s 73.

(d) the work does not require any of the following:

(i) a licence under the Water Resources Act 2007 ;

(ii) an environmental authorisation or environmental protection agreement under the Environment Protection Act 1997 ;

(iii) an approval under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth); and

(e) the designated development complies with the general exemption criteria that are applicable to the development.

Note 1 Designated development , in relation to land—see s 1.2.

Note 2 General exemption criteria , for a development—see s 1.10.

(2) In this section:

"waterway"—see the Water Resources Act 2007 , section 10.

1.94 Emergencies affecting public health or safety or property

(1) A development carried out by or for the Territory if the development is carried out because of an emergency to protect—

(a) public health or safety; or

(b) property.

Note Other territory laws must be complied with (see s 1.4).

(2) In this section:

"emergency"—see the Emergencies Act 2004 , dictionary.

1.95 Temporary flood mitigation measures

A designated development carried out by or for the Territory if the development is carried out for temporary flood mitigation.

Note 1 Designated development , in relation to land—see s 1.2.

Note 2 Other territory laws must be complied with (see s 1.4).

Division 1.3.6A Exempt developments—schools

Subdivision 1.3.6A.1 Preliminary

1.96 Definitions—div 1.3.6A

In this division:

"commencement day" means the day this division commences.

"existing ground level "means the ground level of the relevant area on the commencement day.

"young child"—see the Children and Young People Act 2008 , section 733 (3).

1.96A Meaning of existing school —div 1.3.6A

(1) In this division:

"existing school" means—

(a) 1 of the following that exists on the commencement day:

(i) a government school within the meaning of the Education Act 2004 ;

(ii) a non-government school within the meaning of the Education Act 2004 ;

(iii) a childcare centre, licensed under the Children and Young People Act 2008 , section 747, primarily for the education of young children; or

Examples—education of young children

preschool, early learning centre

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).

(b) land that—

(i) either—

(A) has been a type of school mentioned in paragraph (a) (i) to (iii) that existed before the commencement day; or

(B) is adjacent to something mentioned in paragraph (a); and

(ii) is being developed or redeveloped to be, or be part of, a type of school mentioned in paragraph (a) (i) to (iii); and

(iii) is declared by the Minister to be an existing school.

Examples

1 land adjacent to a primary school that is being developed as part of a staged expansion of the school

2 a site that was a high school but is not currently operating while being redeveloped as a school

(2) A declaration for subsection (1) (b) (iii) is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act .

1.97 Meaning of existing school campus —regulation

In this regulation:

"existing school campus" means the grounds, including the boundary, of an existing school on the commencement day.

1.98 Application—div 1.3.6A

This division applies to a development or other activity only if it is on an existing school campus.

1.99 General exemption criteria

Unless otherwise stated in a provision, a development to which this division applies must comply with the general exemption criteria (other than schedule 1, section 1.18) that are applicable to the development.

Note 1 General exemption criteria , for a development—see s 1.10.

Note 2 Section 1.18 deals with compliance with other general exemption criteria that apply to the development.

1.99A Activities not developments

An activity mentioned in this division that is not a development is not taken to be a development only because it is exempt under this division.

1.99B Review of division

(1) The planning and land authority must review the operation of this division not later than 30 September 2012.

(2) In undertaking the review, the planning and land authority must assess the use and effectiveness of each type of exemption in this division.

(3) After the review, the planning and land authority must prepare a notice (the "review notice") stating—

(a) that the authority has reviewed the division; and

(b) the authority's findings on the review, including a summary of any comments from the community on the operation of this division.

(4) The planning and land authority must give the review notice to the Minister.

(5) The review notice is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act .

(6) This section expires on 31 March 2013.

Subdivision 1.3.6A.2 Exemptions—schools

1.99C Schools—new buildings or alterations to buildings

(1) A designated development for building a new building or altering or demolishing an existing building (and carrying out any related earthworks or other construction work on or under the land) if—

(a) the building is—

(i) a class 3 building; or

(ii) a class 9b building; and

Example—class 3 building

dormitory

Examples—class 9b buildings

hall, auditorium, gymnasium, library, classroom, environment learning centre

Note 1 Class , for a building or structure, means the class of building or structure under the building code (see dict).

Note 2 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).

(b) the building is not within 6m of the boundary of a block in a residential zone; and

(i) if the building is within 30m of the boundary of a block in a residential zone—6m above existing ground level; or

(ii) in any other case—12m above existing ground level.

(2) This section expires on 31 March 2013.

(3) However, this section does not expire under subsection (2) if, before 31 March 2013, the Legislative Assembly by resolution continues this section.

(4) If a resolution is passed for this section, the Speaker must ask the parliamentary counsel to notify a notice of the resolution.

(5) If this section continues under subsection (3), subsections (2) to (4) and this subsection expire on the day after the day the notice of the resolution is notified.

1.99D Schools—minor alterations

(1) A designated development for altering a building (and carrying out any related earthworks or other construction work on or under the land) if—

(a) the development will not increase the gross floor area of the building by more than 5%; and

(b) the development is not otherwise exempt under this division.

Examples—alterations

air lock, small utility room

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).

(2) This section expires on 31 March 2013.

1.99E Schools—entrances

(1) In this section:

"school entrance"—

(a) means a public entrance to the school whether freestanding or part of a building; and

(b) includes any associated structure.

Examples—associated structures

portico, awning, canopy, landing, access ramp

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).

(2) A designated development for building or installing a school entrance (and carrying out any related earthworks or other construction work on or under the land) if—

(a) the entrance—

(i) does not have a roof; or

(ii) is not enclosed on all sides; and

(b) the height of the entrance is not more than 6m above existing ground level.

1.99F Schools—verandahs etc

(1) In this section:

"verandah" includes a balcony, awning, portico or landing.

(2) A designated development for building or installing a verandah (and carrying out any related earthworks or other construction work on or under the land) if—

(a) the height of the verandah is not more than—

(i) if the verandah is within 30m of the boundary of a block in a residential zone—6m above existing ground level; or

(ii) in any other case—12m above existing ground level; and

(b) the verandah is not within 6m of the boundary of a block in a residential zone; and

Note An external verandah may also be exempt under s 1.49.

1.99G Schools—signs

(1) Putting up, attaching or displaying a sign or altering or removing a sign if—

(a) the sign displays, or is intended to display, only school information; and

(b) the height of the sign is not more than 3.6m above existing ground level; and

Example—both illuminated and animated

flashing neon

Note 1 A sign may also be exempt under div 1.3.3.

Note 2 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).

(2) In this section:

"school information" includes—

(a) the name of the school; or

(b) the school motto; or

(d) directional information; or

(e) information about upcoming events for the school; or

(f) information about the school's achievements; or

(g) information about the source of funding for works undertaken at the school.

1.99H Schools—playground and exercise equipment

(1) In this section:

"playground and exercise equipment" includes swings, monkey bars, slippery dips, cubby houses, ropes and nets.

(2) A designated development for building or installing playground and exercise equipment (and carrying out any related earthworks or other construction work on or under the land).

1.99I Schools—fences

(1) In this section:

"fence "includes—

(a) a fence around the boundary, or part of the boundary, of an existing school campus; and

(b) a fence within an existing school campus, including a fence—

(i) around, or partly around, a playground or playing field; or

(ii) between buildings; and

"playing field" means an open space that is designed, or can be used, for playing or practising organised sport.

Examples—playing fields

tennis court, football oval, athletics track, basketball court, cricket oval, cricket practice nets

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).

(2) A designated development for building or installing a fence (and carrying out any related earthworks or other construction work on or under the land) if—

(a) the height of the fence is not more than—

(i) if the fence is around, or partly around, a playing field—4m above existing ground level; or

(ii) in any other case—2.4m above existing ground level; and

(b) no vertical component of the fence is spiked.

1.99J Schools—shade structures

A designated development for building or installing a shade structure (and carrying out any related earthworks or other construction work on or under the land) if—

(a) the height of the shade structure is not more than 10m above existing ground level; and

(b) the plan area of the shade structure is not more than 200m ²; and

1.99K Schools—covered external walkways

A designated development for building or installing a covered walkway (and carrying out any related earthworks or other construction work on or under the land) if—

(a) the height of the walkway is not more than—

(i) if the walkway is within 30m of the boundary of a block in a residential zone—6m above existing ground level; or

(ii) in any other case—12m above existing ground level; and

(b) the walkway is unenclosed on at least 1 side.

1.99L Schools—flag poles

(1) In this section:

"flag pole "includes a lanyard, flag or other item associated with a flag pole.

(2) A designated development for building or installing a flag pole (and carrying out any related earthworks or other construction work on or under the land) if the height of the flag pole is not more than 10m above existing ground level.

1.99M Schools—water tanks

A designated development for building or installing a water tank (and carrying out any related earthworks or other construction work on or under the land) if the water tank has a diameter of 8m or less.

Note A water tank may also be exempt under s 1.62.

1.99N Schools—landscape gardening

(1) A designated development for landscape gardening (other than the construction of a retaining wall), and carrying out any related earthworks or other construction work on or under the land, if—

(a) the landscape gardening is defined landscaping; and

(b) if the landscape gardening affects an existing public pedestrian access way, footpath or bicycle path—the landscape gardening maintains existing public access to the access way, footpath or bicycle path.

Note 1 For retaining walls generally, see s 1.53. (Other provisions, eg decks (see s 1.48) and swimming pools (see s 1.54) may be relevant.)

Note 2 Work by the Territory that affects the landscape of land may also be exempt under s 1.91.

(2) For subsection (1) (b), section 1.11 (Criterion 1—easement and other access clearances) does not apply to the landscape gardening unless the landscape gardening involves the construction or installation of a structure.

(3) In this section:

"defined landscaping" means landscaping in relation to 1 or more of the following:

(a) a footpath;

(b) a landing;

(d) any other landscape structure (other than a retaining wall), or earthworks, if the vertical distance from the top of the structure or earthworks to existing ground level is not more than—

(i) if the top of the structure or earthworks is above existing ground level—0.4m; or

(ii) if the top of the structure or earthworks is below finished ground level—1.2m.

Note Finished ground level —see the territory plan (13 Definitions).

1.99O Schools—car parks

(1) A designated development for building or installing a car park (and carrying out any related earthworks or other construction work on or under the land) on existing ground level if the car park does not reduce the area of a playing field.

(2) In this section:

"playing field" means an open space that is designed, or can be used, for playing organised sport.

Examples—playing fields

tennis court, football oval, athletics track, basketball court, cricket oval

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).

1.99P Schools—bicycle enclosures

A designated development for building or installing a bicycle enclosure (and carrying out any related earthworks or other construction work on or under the land).

1.99Q Schools—toilet and change room facilities

A designated development for building or installing a toilet facility or change room facility (and carrying out any related earthworks or other construction work on or under the land) if the facility is not within 6m of the boundary of a block in a residential zone.

1.99R Schools—driveways

A designated development for sealing or resealing a driveway (and carrying out any related earthworks or other construction work on or under the land) if 1 or more of the following materials is used:

(a) concrete (including coloured or patterned concrete);

(b) bitumen;

(d) timber;

(e) grass, including stabilising treatment.

1.99S Schools—security cameras

Installing a security camera.

1.99T Schools—external lighting

Installing external lighting, including security lighting and flood lighting (other than flood lighting for a playing field).

1.99U Schools—demountable and transportable buildings

A designated development for building or installing a demountable or transportable building (and carrying out any related earthworks or other construction work on or under the land) if the building is not within 6m of the boundary of a block in a residential zone.

1.99V Schools—class 10b structures

A designated development for building or installing a class 10b structure (and carrying out any related earthworks or other construction work on or under the land) if—

(a) the structure is not within 6m of the boundary of a block in a residential zone; and

(b) the development is not otherwise exempt under this division.

Examples—class 10b structures

retaining or freestanding wall, mast or antenna, swimming pool

Note 1 A class 10b structure may also be exempt under subdiv 1.3.2.3.

Note 2 A fence may be exempt under section 1.99I.

Note 3 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).

Division 1.3.7 Exempt developments—other exemptions

1.100 Compliant single dwellings

(1) Building a single dwelling (the dwelling ) or altering a single dwelling (the "alteration") on a block if—

(a) the dwelling will be the only dwelling on the block (whether or not another dwelling has previously been built on the block); and

(b) if the block is a preliminary block—the dwelling is built by the lessee of the holding lease; and

(i) the relevant rules in any relevant precinct code that would apply if the dwelling or alteration were not exempt; and

(ii) to the extent that they are not inconsistent with the relevant rules in a relevant precinct code—the relevant rules in the Residential Zones—Single Dwelling Housing Development Code that would apply if the dwelling or alteration were not exempt (other than rule 33 and rule 66); and

(iii) to the extent that they are not inconsistent with the relevant rules in a relevant precinct code or the Residential Zones—Single Dwelling Housing Development Code—the prescribed general exemption criteria; and

(d) the dwelling or alteration will be in a residential zone.

Note 1 Relevant rules —see the Act, dictionary. See also s (3).

Note 2 Other territory laws, including the Heritage Act 2004 , must be complied with (see s 1.4 and s 1.14).

(2) For subsection (1) (b), a dwelling is taken to be built by the lessee even if some or all of the building work is done by an employee or contractor of the lessee.

(3) To remove any doubt, a code requirement is not inconsistent with the code requirements of another code only because one code deals with a matter and the other does not.

(4) In this section:

"block" includes a preliminary block.

"preliminary block"—land is taken to be a preliminary block if—

(a) the land is part of a holding lease; and

(b) an estate development plan (an EDP ) has been approved under the Act, section 162 (Deciding development applications) in relation to the lease; and

(d) information about the boundaries of, and the distinguishing name or number for the land is recorded in the database maintained by the planning and land authority under the Districts Act 2002 , section 17 (Digital cadastral database); and

(e) the land is not otherwise a block under the Districts Act 2002 .

Note Estate development plan —see the Act, s 94.

"prescribed general exemption criteria "means the general exemption criteria, other than the following:

(a) section 1.17 (Criterion 7—no multiple occupancy dwellings);

(b) section 1.18 (Criterion 8—compliance with other applicable exemption criteria).

Note General exemption criteria , for a development—see s 1.10.

1.100A Otherwise non-compliant single dwellings

(1) Building a single dwelling (the dwelling ) or altering a single dwelling (the "alteration") on a block if—

(a) the building of the dwelling or alteration would be exempt under section 1.100, apart from the encroachment of the dwelling or alteration in 1 or more of the following ways:

(i) beyond the front, side or rear setback required under the defined rules;

(ii) beyond the building envelope that applies, under the defined rules, to the block where the dwelling or alteration is being built;

(iii) into the minimum private open space required under the defined rules; and

(b) the planning and land authority declares (an exemption declaration ) that the dwelling or alteration does not stop being an exempt development because of a non-compliance with the defined rules identified in the declaration.

(2) An exemption declaration must state the following distances (each of which is an extended distance ):

(a) the distance by which any setback for the dwelling or alteration, that is required by the defined rules, is reduced to allow for the encroachment;

(b) the distance that any element of the dwelling or alteration may extend beyond the building envelope that applies, under the defined rules, to the block where the dwelling or alteration is being built;

(c) the distance by which any element of the dwelling or alteration may encroach into the minimum private open space required under the defined rules.

(3) Not later than 10 working days after a person applies to the planning and land authority for an exemption declaration the authority must—

(a) make the declaration; or

(b) refuse to make the declaration.

Note 1 If a form is approved under the Act, s 425 for this provision, the form must be used.

Note 2 A fee may be determined under the Act, s 424 for this provision.

Note 3 The requirement to make a decision under s (4) does not lapse if the 10-day time limit is not met (see Legislation Act, s 152).

(4) However, the planning and land authority must not make an exemption declaration in relation to a non-compliant dwelling or alteration unless satisfied that—

(a) the non-compliance is minor; and

(b) building the dwelling or alteration other than in accordance with the defined rules—

(i) will not adversely affect someone other than the applicant; and

(ii) will not increase the environmental impact of the dwelling or alteration more than minimally.

(5) In this section:

"block"—see section 1.100 (4).

"defined rules" means—

(a) the relevant rules in any relevant precinct code that would apply if the dwelling or alteration were not exempt; or

(b) the relevant rules in the Residential Zones—Single Dwelling Housing Development Code that would apply if the dwelling or alteration were not exempt.

"preliminary block"—see section 1.100 (4).

"setback"—see the territory plan (13 Definitions).

1.100B Single dwellings—demolition

The demolition of a single dwelling, or part of a single dwelling, if the demolition complies with section 1.14 (Criterion 4—heritage, tree and environment protection).

Note Other territory laws, including the Building Act 2004 , must be complied with (see s 1.4).

1.101 Buildings and structures—demolition

(1) The demolition of a building or structure, or part of a building or structure, if—

(a) if the building or structure is a class 10 building or structure—

(i) the building or structure is on land in a residential zone; and

(ii) the demolition complies with section 1.14 (Criterion 4—heritage, tree and environment protection); or

(b) in any other case—

(i) were the building or structure, or the part of the building or structure, to be built the building or structure would be an exempt development; and

(ii) the demolition complies with section 1.14 (Criterion 4—heritage, tree and environment protection).

Note Other territory laws, including the Building Act 2004 and Heritage Act 2004 , must be complied with (see s 1.4 and s 1.14).

(2) In this section:

"building" does not include a single dwelling.

1.102 Temporary use of land for emergency services training etc

(1) In this section:

"authorised entity" means—

(a) the Australian Defence Force; or

(b) the Australian Federal Police; or

Note Emergency service —see the Legislation Act, dictionary, part 1.

(d) any other Territory, Commonwealth or State entity authorised in writing by the planning and land authority.

"notifiable activity", in relation to a block of land, means—

(a) damaging a building or structure on the land; or

(b) simulating a violent incident in relation to the land; or

(2) A designated development for the use of land for training or testing of things by an authorised entity if—

(a) if the training or testing includes a notifiable activity—

(i) the training or testing is carried out on the land during ordinary business hours on not more than 2 consecutive days in any year; and

(ii) at least 5 days before the day the training or testing is to be carried out, the authorised entity gives written notice of the following to the occupier of each place (other than unleased land) adjoining the land:

(A) when the training or testing will be carried out;

(B) the general nature of the training or testing; and

Note For how documents may be given, see the Legislation Act, pt 19.5.

(b) the designated development or use complies with the general exemption criteria that are applicable to the development.

Note 1 Designated development , in relation to land—see s 1.2.

Note 2 General exemption criteria , for a development—see s 1.10.

Note 3 Use land—see the Act, s 8.

1.103 Utility and telecommunications services

(1) The following developments if the development complies with the general exemption criteria that are applicable to the development:

(a) the installation of a connection of not more than 50m connecting a consumer's premises to an electricity, water, sewerage, stormwater, gas or telecommunications service;

(b) the installation of an electricity, water, sewerage, gas or telecommunications service in accordance with an approved estate development plan;

(d) maintenance carried out only to maintain an electricity, water, sewerage, stormwater, gas or telecommunication service.

Examples—par (c)

weather station cabinets, sewerage and water supply controls

Examples—par (d)

replacing pipes with pipes that are the same or substantially the same, digging trenches needed to replace pipes

Note 1 General exemption criteria , for a development—see s 1.10.

Note 2 Estate development plan —see the Act, s 94.

Note 3 Natural ground level —see the territory plan (13 Definitions).

Note 4 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).

(2) In this section:

"premises" includes land.

1.104 Landscape gardening

(1) Landscape gardening, other than the construction of a retaining wall, that affects the landscape of land if—

(a) the landscape gardening is—

(i) on land leased for residential use; or

(ii) prescribed landscaping (whether or not the land is leased for residential use); and

Note Prescribed landscaping —see s (3).

(b) if the landscape gardening is subject to a condition in a development approval in relation to the land—the condition has been complied with; and

(c) if the landscape gardening affects an existing public pedestrian access way, footpath or bicycle path—the landscape gardening maintains the existing public access to the access way, footpath or bicycle path; and

(d) the landscape gardening complies with the general exemption criteria that are applicable to the development.

Note 1 General exemption criteria , for a development—see s 1.10.

Note 2 For retaining walls generally, see s 1.53. (Other provisions, eg decks (see s 1.48) and swimming pools (see s 1.54) may be relevant.)

Note 3 If unleased land is affected by the landscape gardening, a licence under the Act or a permit under the Roads and Public Places Act 1937 may be required.

(2) For subsection (1) (d), section 1.11 (Criterion 1—easement and other access clearances) does not apply to the landscape gardening if it does not involve the construction or installation of a structure.

(3) In this section:

"prescribed landscaping" means landscaping in relation to any of the following:

(a) a footpath;

(b) a landing;

(c) any other landscape structure (other than a retaining wall), or earthworks, if the vertical distance from the top of the structure or earthworks to natural ground level is not more than—

(i) if the top of the structure or earthworks is above the natural ground level—0.4m; or

(ii) if the top of the structure or earthworks is below finished ground level—1.2m.

Note Natural ground level and finished ground level —see the territory plan (13 Definitions).

"residential use"—see the Territory Plan, 13 (Definitions).

1.105 Works under Water Resources Act by non-territory entities

(1) A designated development if—

(a) the development is to give effect to a direction under any of the following provisions of the Water Resources Act 2007 :

(i) section 72 (1) (Direction to modify or remove water structure);

(ii) section 73 (2) Direction to rectify effect of unauthorised activity etc);

(iii) section 74 (2) (Direction to prevent or rectify damage to bed or bank of waterway); and

(b) the designated development complies with the general exemption criteria that are applicable to the development.

Note 1 Designated development , in relation to land—see s 1.2.

Note 2 General exemption criteria , for a development—see s 1.10.

(2) To remove any doubt, this section does not apply to a designated development in accordance with the Water Resources Act 2007 , section 74 (1) (which places a duty on the owner or occupier to take reasonable steps to prevent damage to the bed or banks of the waterway).

1.108 Home businesses conducted from residential leases

(1) The conduct of a home business from a residential lease if—

Note Residential lease —see the Act, s 234.

(a) not more than 2 people work on the lease at any time; and

(b) anyone who works on the lease in the business genuinely lives on the lease; and

(i) in buildings or structures that are lawfully on the lease; and

(ii) in a way that the goods and materials cannot be seen from outside the lease; and

Examples—building or structure lawfully on lease—subpar (i)

1 the building or structure is exempt from the Building Act 2004 or has been certified under that Act, s 48 and has development approval under the Planning and Development Act 2007 or is an exempt development under that Act

2 an ex-government house that did not require building approval for its construction

Example—building not lawfully on lease—subpar (i)

A shed, when constructed, is exempt from the Building Act 2004 and an exempt development under the Planning and Development Act 2007 . It is lawful. However, the shed is subsequentially altered in a way that makes it not exempt under 1 of the Acts. The shed is then not lawfully on the lease.

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).

(d) the area of the lease used for the business (including storage) is not more than 40m ²; and

(e) any vehicles at the lease for the purposes of the business are parked—

(i) on the lease in a driveway, garage, carport or location screened from any part of the road on which the lease is located; or

(ii) if the business is operated from a unit under the Unit Titles Act 2001 —in parking for the unit; and

(f) the conduct of the business complies with the Environment Protection Act 1997 ; and

Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

(g) averaged over a period of 7 days, the conduct of the business does not generate more than 5 vehicle arrivals each day at the lease; and

(h) any sign relating to the business is exempt from requiring development approval under this schedule, division 1.3.3 (Exempt developments—signs); and

(i) the conduct of the home business complies with the general exemption criteria that are applicable to the development.

Note General exemption criteria , for a development—see s 1.10.

(2) In this section:

"home business"—see the Act, section 247 (3).

1.109 Designated areas—developments not involving lease variations

A development in a designated area if the development does not involve the variation of a lease.

Note Designated area —see the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth), s 4.

1.110 Rebuilding damaged buildings and structures

(1) A designated development to rebuild a damaged building or structure if—

(a) the development has been previously approved, whether or not any development in accordance with the approval has ever been undertaken; and

(b) the development would not result in any of the following:

(i) the height of any new or altered building or structure being more than the previously approved height of the damaged building or structure, both of which are measured from the natural ground level;

(ii) the gross floor area of any new or altered building or structure being more than 15% larger than the previously approved gross floor area of the damaged building or structure;

Note Gross floor area —see the territory plan (13 Definitions).

(iii) any new or altered building or structure being used for more dwellings than were previously approved;

(iv) the setbacks for any new or altered building or structure not complying with the lesser of the following:

(A) the relevant setbacks under Residential Zones—Single Dwelling Housing Development Code;

(B) any setbacks that were previously approved for the building or structure that is replaced or altered; and

(i) notice in writing of when the development will commence;

(ii) a plan of the development;

(iii) a written statement by a certifier that the development shown on the plan will not result in any of the matters mentioned in paragraph (b); and

(d) at the completion of the development, a certifier gives the planning and land authority a written statement that the development as constructed is in accordance with the plan given to the planning and land authority under paragraph (c).

(2) In this section:

"certifier" means a certifier, for building work, within the meaning of the Building Act 2004 .

"damage", in relation to a building or structure, means damage caused by an act or event, other than an act done by the lessee of the land with the intention of causing the damage.

Examples—act or event causing damage

natural disaster, electrical fire, vandalism

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).

"lessee", of land before the act or event that damaged the building or structure, includes a person who, before the act or event, had entered into an agreement with the lessee of the land giving the person a right to the transfer of the lease but to whom no transfer had been registered under the Land Titles Act 1925 in accordance with the agreement.

"plan", of a development, means—

(a) a plan that complies with AS 1100; or

(b) unless the building or structure will differ from the previously approved development—the plan for the previously approved development.

"previously approved"—a development has been previously approved if the development was approved under—

(a) the Land (Planning and Environment) Act 1991 ; or

(b) the Buildings (Design and Siting) Act 1964 ; or

(i) the period for applying to the ACAT for review of the decision to approve the development had not ended; or

(ii) if an application to the ACAT for a review of the decision had been made—the application had not been finally disposed of by the ACAT.

1.111 Bores

(1) A designated development in relation to a bore if the development complies with the general exemption criteria that apply to the development.

Note 1 General exemption criteria , for a development—see s 1.10.

Note 2 Other territory laws, including the Water Resources Act 2007 and the Environment Protection Act 1997 , must be complied with (see s 1.4).

(2) In this section:

"bore"—see the Water Resources Act 2007 , dictionary.

1.112 Subdivisions— Unit Titles Act

The subdivision of land under a unit title application under the Unit Titles Act 2001 .

1.113 Vehicle charging point

(1) A designated development for a vehicle charging point if the development complies with the general exemption criteria, other than section 1.18 (Criterion 8—compliance with other applicable exemption criteria), that are applicable to the development.

Note 1 Designated development , in relation to land—see s 1.2.

Note 2 General exemption criteria for a development—see s 1.10.

(2) In this section:

"vehicle charging point "means a fixture that allows for the electric charging of a vehicle if the fixture—

(a) is attached to a building or structure and has a vertical surface area of not more than 0.5m ²; or

(b) is attached to a free standing column or bollard that is not more than 1.8m high and the plan area is not more than 1m ².

Part 1.4 Permitted open space boundary fence colours

Note This part relates to s 1.52 (Basic open space boundary fences).

column 1

item

column 2

colour

1

B53 (Dark Grey Blue)

2

G14 (Moss Green)

3

G15 (Rainforest Green)

4

G16 (Traffic Green)

5

G23 (Shamrock)

6

G24 (Fern Green)

7

G25 (Olive)

8

G34 (Avocado)

9

G52 (Eucalyptus)

10

G53 (Banksia)

11

G54 (Mist Green)

12

G55 (Lichen)

13

G56 (Sage Green)

14

G62 (River Gum)

15

G64 (Slate)

16

G65 (Ti-Tree)

17

G66 (Environment Green)

18

N54 (Basalt)

19

N55 (Lead Grey)

20

N63 (Pewter)

21

N64 (Dark Grey)

22

N65 (Graphite Grey)

23

P42 (Mulberry)

24

P52 (Plum)

25

R44 (Possum)

26

R45 (Ruby)

27

R52 (Terra Cotta)

28

R53 (Red Gum)

29

R54 (Raspberry)

30

R55 (Claret)

31

R62 (Venetian Red)

32

R63 (Red Oxide)

33

R64 (Deep Indian Red)

34

T14 (Malachite)

35

T51 (Mountain Blue)

36

T53 (Peacock Blue)

37

X41 (Buff)

38

X42 (Biscuit)

39

X43 (Beige)

40

X45 (Cinnamon)

41

X51 (Tan)

42

X52 (Coffee)

43

X53 (Golden Tan)

44

X54 (Brown)

45

X55 (Nut Brown)

46

X61 (Wombat)

47

X62 (Dark Earth)

48

Y44 (Sand)

49

Y45 (Manila)

50

Y51 (Bronze Olive)

51

Y52 (Chamois)

52

Y53 (Sandstone)

53

Y54 (Oatmeal)

54

Y55 (Deep Stone)

55

Y56 (Merino)

56

Y62 (Sugar Cane)

57

Y63 (Khaki)

58

Y65 (Mushroom)

59

Y66 (Mudstone)

column 1 item	column 2 colour
1	B53 (Dark Grey Blue)
2	G14 (Moss Green)
3	G15 (Rainforest Green)
4	G16 (Traffic Green)
5	G23 (Shamrock)
6	G24 (Fern Green)
7	G25 (Olive)
8	G34 (Avocado)
9	G52 (Eucalyptus)
10	G53 (Banksia)
11	G54 (Mist Green)
12	G55 (Lichen)
13	G56 (Sage Green)
14	G62 (River Gum)
15	G64 (Slate)
16	G65 (Ti-Tree)
17	G66 (Environment Green)
18	N54 (Basalt)
19	N55 (Lead Grey)
20	N63 (Pewter)
21	N64 (Dark Grey)
22	N65 (Graphite Grey)
23	P42 (Mulberry)
24	P52 (Plum)
25	R44 (Possum)
26	R45 (Ruby)
27	R52 (Terra Cotta)
28	R53 (Red Gum)
29	R54 (Raspberry)
30	R55 (Claret)
31	R62 (Venetian Red)
32	R63 (Red Oxide)
33	R64 (Deep Indian Red)
34	T14 (Malachite)
35	T51 (Mountain Blue)
36	T53 (Peacock Blue)
37	X41 (Buff)
38	X42 (Biscuit)
39	X43 (Beige)
40	X45 (Cinnamon)
41	X51 (Tan)
42	X52 (Coffee)
43	X53 (Golden Tan)
44	X54 (Brown)
45	X55 (Nut Brown)
46	X61 (Wombat)
47	X62 (Dark Earth)
48	Y44 (Sand)
49	Y45 (Manila)
50	Y51 (Bronze Olive)
51	Y52 (Chamois)
52	Y53 (Sandstone)
53	Y54 (Oatmeal)
54	Y55 (Deep Stone)
55	Y56 (Merino)
56	Y62 (Sugar Cane)
57	Y63 (Khaki)
58	Y65 (Mushroom)
59	Y66 (Mudstone)

Part 1.5 Tables of exempt signs

Note This part relates to s 1.67 (Signs attached etc to buildings, structures and land) and s 1.69 (Temporary signs).

Table 1.5.1 Exempt signs: commercial and industrial zones

Commercial and industrial zones

CZ1

CZ2

CZ3

CZ4

CZ5

CZ6

IZ1

IZ2

Type of sign

Awning/fascia sign

A

A
A

A

A

A

A

Blind sign

A

A

A

A

A

A

Business plate sign

A

A

A

A

A

A

A

A

Canopy sign

A

A

A

A

A

A

Changeable message sign

A

A

A

A

A

A

A

Construction site fence sign

A

A

A

A

A

A

A

A

Display home/development site sales sign

T

T

T

T

T

T

T

T

Event sign

T

T

T

T

T

T

T

T

Fence sign

Flag pole sign

Ground sign

A

A

A

A

A

A

A

Hamper sign

A

A

A

A
A

A

A

High rise building sign

Inflatable sign

Information sign

A

A

A

A

A

A

A

A

Lantern sign

A

A

A

A

A

A

A

A

Mobile sign

Pole sign

A

A

A

A

A

Projecting sign

Pylon/column sign

Roof sign

Stallboard sign

A

A

A

A

A

A

A

Territory signs

A

A

Under awning sign

A

A

A

A

A

A

A

Vertical banner building sign

A

A

Vertical banner freestanding sign

A

A

Wall sign

A

A

Window sign

A

A

A

A

A

A

A

	Commercial and industrial zones
	CZ1	CZ2	CZ3	CZ4	CZ5	CZ6	IZ1	IZ2
Type of sign
Awning/fascia sign	A	A	A	A	A		A	A
Blind sign	A	A	A	A			A	A
Business plate sign	A	A	A	A	A	A	A	A
Canopy sign	A	A	A	A			A	A
Changeable message sign	A	A	A	A	A		A	A
Construction site fence sign	A	A	A	A	A	A	A	A
Display home/development site sales sign	T	T	T	T	T	T	T	T
Event sign	T	T	T	T	T	T	T	T
Fence sign
Flag pole sign
Ground sign	A	A	A	A	A		A	A
Hamper sign	A	A	A	A	A		A	A
High rise building sign
Inflatable sign
Information sign	A	A	A	A	A	A	A	A
Lantern sign	A	A	A	A	A	A	A	A
Mobile sign
Pole sign	A	A	A	A	A
Projecting sign
Pylon/column sign
Roof sign
Stallboard sign	A	A	A	A	A		A	A
Territory signs							A	A
Under awning sign	A	A	A	A	A		A	A
Vertical banner building sign							A	A
Vertical banner freestanding sign							A	A
Wall sign							A	A
Window sign	A	A	A	A	A		A	A

Table 1.5.2 Exempt signs: zones other than commercial and industrial zones

Zones other than commercial and industrial zones

RZ1

RZ2

RZ3

RZ4

RZ5

RZ6

CFZ

PRZ1

PRZ2

other

Type of sign

Awning/fascia sign

Blind sign

A

Business plate sign

A

A

A

A

A

A

A

A

A

A

Canopy sign

Changeable message sign

Construction site fence sign

A

A

A

A

A

A

A

A

A

A
Display home/development site sales sign

Event sign

T

T

Fence sign

Flag pole sign

Ground sign

Hamper sign

High rise building sign

Inflatable sign

Information sign

A

A

A

A

A

A

A

A

A

Lantern sign

A

A

A

A

A

A

A

A

A

A

Mobile sign

Pole sign

Projecting sign

Pylon/column sign

Roof sign

Stallboard sign

Territory signs

Under awning sign

Vertical banner building sign

Vertical banner freestanding sign

Wall sign

Window sign

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	Zones other than commercial and industrial zones
	RZ1	RZ2	RZ3	RZ4	RZ5	RZ6	CFZ	PRZ1	PRZ2	other
Type of sign
Awning/fascia sign
Blind sign							A
Business plate sign	A	A	A	A	A	A	A	A	A	A
Canopy sign
Changeable message sign
Construction site fence sign	A	A	A	A	A	A	A	A	A	A
Display home/development site sales sign
Event sign							T		T
Fence sign
Flag pole sign
Ground sign
Hamper sign
High rise building sign
Inflatable sign
Information sign	A	A	A	A	A	A	A		A	A
Lantern sign	A	A	A	A	A	A	A	A	A	A
Mobile sign
Pole sign
Projecting sign
Pylon/column sign
Roof sign
Stallboard sign
Territory signs
Under awning sign
Vertical banner building sign
Vertical banner freestanding sign
Wall sign
Window sign