Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations“21. (1) For the purposes of paragraph 282 (da) of the Act, Part VI of the Act does not apply to a development listed in Schedule 1 to these regulations.
“(2) For the purposes of paragraph 282 (da) of the Act, Part VI of the Act does not apply to a development listed in Schedule 2 to these regulations if the development (as proposed) is consistent with a guideline or standard adopted by the Authority for the purposes of this subregulation, being a guideline or standard that relates to such a development.
“(3) For the purposes of paragraph 282 (da) of the Act, Part VI of the Act does not apply to a development listed in Schedule 3A to these regulations if the development is consistent with an approved implementation plan under the Buildings (Design and Siting) Act 1964 .
“(4) Subregulations (1), (2) and (3) do not apply in relation to a development, other than the development listed at item 1 of Schedule 1, if—
(a) the development is part of, or is carried out in association with, a development to which Part VI of the Act applies;
(b) the development may be inconsistent with the requirements for the conservation of the heritage significance of a place, being requirements included in the Heritage Places Register or an interim Heritage Places Register; or
(c) the development would be inconsistent with a condition of an approval, a provision of a lease or an agreement collateral to the grant of a lease.
“22. (1) For the purposes of paragraph 282 (da) of the Act, a development listed in Schedule 4 to these regulations is exempt from the application of subsections 229 (1) and (5) of the Act.
“(2) For the purposes of paragraph 282 (da) of the Act, a development listed in Schedule 5 to these regulations is exempt from the application of paragraph 229 (1) (b) and subsection 229 (5) of the Act.
“(3) Subregulations (1) and (2) do not apply in relation to a development if—
(a) the development is part of, or is carried out in association with, a development not subject to an exemption—
(i) under this regulation; or
(ii) under regulation 21; or
(b) the development may, in the opinion of the Minister, be inconsistent with the requirements for the conservation of the heritage significance of a place, being requirements included in the Heritage Places Register or an interim Heritage Places Register.
“23. (1) For the purposes of paragraph 282 (da) of the Act, section 275 of the Act does not apply in relation to a decision of the relevant authority about a development listed in Schedule 6 to these regulations.
“(2) If a decision of the relevant authority relates to more than 1 development, subregulation (1) excludes from the application of section 275 of the Act only that aspect of the decision that concerns any development listed in Schedule 6 to these regulations.
“24. (1) For the purposes of paragraph 282 (da) of the Act, section 276 of the Act does not apply in relation to a decision of the relevant authority about a development listed in Schedule 7 to these regulations.
“(2) If a decision of the relevant authority relates to more than 1 development, subregulation (1) excludes from the application of section 276 of the Act only that aspect of the decision that concerns any development listed in Schedule 7 to these regulations.
“(3) Subregulation (1) does not apply in relation to a development if the development may be inconsistent with the requirements for the conservation of the heritage significance of a place, being requirements included in the Heritage Places Register or an interim Heritage Places Register.”.
15. (1) Schedules 1 and 2 of the Principal Regulations are repealed and the Schedules in the Schedule to these regulations substituted.
(2) With effect from the day on which regulation 9 of Subordinate Law No. 7 of 1997 commences—
(a) Schedule 3A to the Principal Regulations, as inserted by subregulation (1) of this regulation, is renumbered as “Schedule 3”; and
(b) the reference to that Schedule in subregulation 21 (3) of the Principal Regulations, as inserted by regulation 14 of these regulations, is amended accordingly.
16. (1) Regulation 18 of the Principal Regulations, as in force immediately before the commencement of this regulation, continues to apply in relation to a transitional development as if regulation 11 of these regulations had not been made.
(2) Subregulations 21 (4) to (9) (inclusive) of the Principal Regulations, as in force immediately before the commencement of this regulation, continue to apply in relation to a transitional development consisting of an activity referred to in those subregulations as if—
(a) regulation 14 of these regulations had not been made; and
(b) the references in subregulations 21 (6A) and (7) of the Principal Regulations to Schedule 4 of the Act were references to that Schedule as in force at the time the application for the transitional development was made.
(3) Where, before the commencement of this regulation, a transitional external design and siting application had been made—
(a) the amendments to the Principal Regulations effected by regulation 14 of these regulations do not apply in relation to the transitional development applied for; and
(b) section 229 or 276 of the Act, or both, does not (or do not) apply in relation to the transitional development applied for, to the extent to which either or both of those sections did not (by virtue of regulation 8A or 9 of the Buildings (Design and Siting) Regulations) apply in relation to the application at the time it was made.
(4) Where, before the commencement of this regulation, a transitional application had been made for a transitional development in relation to which the Plan specified circumstances pursuant to subparagraph 7 (3) (c) (ii) of the Act in which persons are not entitled to apply for the review of decisions under section 275 or 276 of the Act, or both—
(a) the amendments to the Principal Regulations effected by regulation 14 of these regulations do not apply in relation to the transitional development; and
(b) section 275 or 276 of the Act, or both, as the case may be, does not (or do not) apply in relation to any decision made in respect of the transitional development in relation to which those circumstances apply.
(5) In this regulation—