LAND (PLANNING AND ENVIRONMENT) REGULATIONS (NO. 5 OF 1992) - TABLE OF PROVISIONS 1. Citation 2. (1) In these Regulations, unless the contrary intention appears--"Act" means the Land (Planning and Environment) Act 1991; "public money of the Territory" means revenues, loans and other money received by the Territory; "public street" has the same meaning as in the Motor Traffic Act 1936. 3. For the purposes of paragraph (c) of the definition of "public works" in section 4 of the Act, works for which funding was authorised from the public money of the Territory before 2 April 1992 are prescribed works. 4. For the purposes of paragraph 120 (a) of the Act, the following matters are prescribed: 5. For the purposes of subsection 121 (1) of the Act, the prescribed period is 42 days. 6. For the purposes of subsection 123 (4) of the Act, the following criteria are prescribed in respect of a consultant specified by the Minister: 7. For the purposes of subsection 129 (1) of the Act, the prescribed period is 42 days. 8. For the purposes of subsection 130 (1) of the Act, the prescribed period is 42 days. 9. For the purposes of subsections 131 (1) and (2) of the Act, the period of 56 days is prescribed. 10. For the purposes of subsection 165 (3) of the Act, the prescribed period is 14 days from the day on which the Authority receives the notice under subsection 165 (2) of the Act. 11. For the purposes of subsection 170 (1) of the Act, the prescribed period is 28 days from the day on which the person who is entitled to the grant of the lease is notified by the Executive that the lease is available for execution by him or her. 15. For the purposes of paragraph 186 (1) (a) of the Act, each of the following classes of leases is prescribed: 17. For the purposes of subsection 235 (1) of the Act, the prescribed period in respect of an application for approval to conduct a controlled activity specified in Column 2 of an item in Schedule 2 is-- 18. For the purposes of subsection 237 (1) of the Act, the prescribed period is-- 19. For the purposes of subsection 246 (3) of the Act, the prescribed period is 14 days commencing on the day on which the Minister gives the concurring authorities the notice under subsection 246 (1) of the Act. 20. For the purposes of subsection 256 (6) of the Act, the prescribed period is-- SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 LAND (PLANNING AND ENVIRONMENT) REGULATIONS (NO. 5 OF 1992) - REG 1 Citation 1. These Regulations may be cited as the Land (Planning and Environment) Regulations. Interpretation LAND (PLANNING AND ENVIRONMENT) REGULATIONS (NO. 5 OF 1992) - REG 2 2. (1) In these Regulations, unless the contrary intention appears--"Act" means the Land (Planning and Environment) Act 1991; "public money of the Territory" means revenues, loans and other money received by the Territory; "public street" has the same meaning as in the Motor Traffic Act 1936. (2) In these regulations, a reference to the market value of a lease is a reference to the amount that could be expected to be paid for the lease on the open market if it were sold by a willing but not anxious seller to a willing but not anxious buyer. Prescribed work--definition of "public works" in section 4 of the Act LAND (PLANNING AND ENVIRONMENT) REGULATIONS (NO. 5 OF 1992) - REG 3 3. For the purposes of paragraph (c) of the definition of "public works" in section 4 of the Act, works for which funding was authorised from the public money of the Territory before 2 April 1992 are prescribed works. Content of public environment reports and environmental impact statements LAND (PLANNING AND ENVIRONMENT) REGULATIONS (NO. 5 OF 1992) - REG 4 4. For the purposes of paragraph 120 (a) of the Act, the following matters are prescribed: (a) a statement setting out-- (i) the proposal to which the public environment report or environmental impact statement relates; (ii) the objectives of the proponent in seeking the defined decision to which the proposal relates; (iii) any means known to the applicant of achieving the objectives specified pursuant to subparagraph (ii) other than means which require the defined decision; (iv) the method by which it is proposed that effect should be given to the defined decision; (v) any other methods known to the proponent by which effect could be given to the defined decision; (vi) in respect of each method of giving effect to the defined decision specified pursuant to subparagraph (iv) or (v)-- (A) the parts of the environment that would be affected by giving effect to the defined decision by that method; (B) any environmental standards that the proponent would adopt in giving effect to the defined decision by that method; and (C) any environmental safeguards that the proponent would adopt in giving effect to the defined decision by that method; and (vii) in respect of each means of achieving the objectives of the proponent in seeking the defined decision that are specified pursuant to subparagraph (iii)-- (A) the parts of the environment that would be affected in achieving the objectives by those means; (B) any environmental standards that the proponent would adopt in achieving the objectives by those means; and (C) any environmental safeguards that the proponent would adopt in achieving the objectives by those means; (b) a detailed technical assessment in respect of each method of giving effect to the defined decision specified pursuant to subparagraph (a) (iv) or (v) of-- (i) the environmental impact of giving effect to the defined decision by that method; (ii) the effectiveness of the adoption of any environmental standards specified in relation to the method pursuant to sub-subparagraph (a) (vi) (B); (iii) the effectiveness of the adoption of any environmental safeguards specified in relation to the method pursuant to sub-subparagraph (a) (vi) (C); and (iv) the consequences of not adopting any environmental standards specified in relation to the method pursuant to sub-subparagraph (a) (vi) (B) and any environmental safeguards specified in relation to the method pursuant to sub-subparagraph (a) (vi) (C); (c) a detailed technical assessment in respect of each means of achieving the objectives of the proponent in seeking the defined decision that are specified pursuant to subparagraph (a) (iii) of-- (i) the environmental impact of achieving the objectives by those means; (ii) the effectiveness of the adoption of any environmental standards specified in relation to those means pursuant to sub-subparagraph (a) (vii) (B); (iii) the effectiveness of the adoption of any environmental safeguards specified in relation to those means pursuant to sub-subparagraph (a) (vii) (C); and (iv) the consequences of not adopting the environmental standards specified in relation to the means pursuant to sub-subparagraph (a) (vii) (B) and any environmental safeguards specified in relation to the means pursuant to sub-subparagraph (a) (vii) (C); (d) details of the source of any information relied on, and of any consultation undertaken, in the preparation of the public environment report or environmental impact statement; (e) a description of the procedure adopted for the preparation of the public environment report or environmental impact statement; (f) a description of any research undertaken for the purpose of preparing the public environment report or environmental impact statement and details of any data obtained from the research in sufficient detail to permit an independent analysis of the data; (g) a statement specifying the name and qualifications of each person who participated in the preparation of the substance of the report and the part of the report which each of those persons prepared or assisted in preparing. Prescribed period--subsection 121 (1) of the Act LAND (PLANNING AND ENVIRONMENT) REGULATIONS (NO. 5 OF 1992) - REG 5 5. For the purposes of subsection 121 (1) of the Act, the prescribed period is 42 days. Prescribed criteria--subsection 123 (4) LAND (PLANNING AND ENVIRONMENT) REGULATIONS (NO. 5 OF 1992) - REG 6 6. For the purposes of subsection 123 (4) of the Act, the following criteria are prescribed in respect of a consultant specified by the Minister: (a) the consultant is to hold professional qualifications relevant to the Assessment to be made; (b) the consultant is to have experience relevant to the Assessment to be made; (c) the consultant is to have experience in the preparation of environmental assessments. Prescribed period--subsection 129 (1) of the Act LAND (PLANNING AND ENVIRONMENT) REGULATIONS (NO. 5 OF 1992) - REG 7 7. For the purposes of subsection 129 (1) of the Act, the prescribed period is 42 days. Prescribed period--subsection 130 (1) of the Act LAND (PLANNING AND ENVIRONMENT) REGULATIONS (NO. 5 OF 1992) - REG 8 8. For the purposes of subsection 130 (1) of the Act, the prescribed period is 42 days. Prescribed periods--subsections 131 (1) and (2) of the Act LAND (PLANNING AND ENVIRONMENT) REGULATIONS (NO. 5 OF 1992) - REG 9 9. For the purposes of subsections 131 (1) and (2) of the Act, the period of 56 days is prescribed. Prescribed period--subsection 165 (3) of the Act LAND (PLANNING AND ENVIRONMENT) REGULATIONS (NO. 5 OF 1992) - REG 10 10. For the purposes of subsection 165 (3) of the Act, the prescribed period is 14 days from the day on which the Authority receives the notice under subsection 165 (2) of the Act. Prescribed period--subsection 170 (1) of the Act LAND (PLANNING AND ENVIRONMENT) REGULATIONS (NO. 5 OF 1992) - REG 11 11. For the purposes of subsection 170 (1) of the Act, the prescribed period is 28 days from the day on which the person who is entitled to the grant of the lease is notified by the Executive that the lease is available for execution by him or her. Determination of amount payable under paragraph 184 (b) of the Act 12. (1) For the purposes of paragraph 184 (b) of the Act, the prescribed amount shall be determined in accordance with regulations 13 and 14. (2) In regulations 13 and 14, unless the contrary intention appears-- "added value", in relation to a lease to which a variation is proposed, means the amount by which the value of the lease immediately after the variation would exceed the value of the lease immediately before the variation, it being assumed-- (a) that there are no improvements to or on the land comprised in the lease; and (b) that the rent payable throughout the term of the lease is a nominal rent; "classification", in relation to a lease, means a classification specified in paragraph (b) of the definition of "prescribed lease" in subregulation 14 (1). Calculation of amount payable 13. (1) The amount payable to the Executive in respect of the variation of a lease of Territory Land is-- (a) an amount equal to the added value; or (b) if a remission of part of that amount is applicable in accordance with subregulation 14 (3)--the amount ascertained by subtracting from the first-mentioned amount the amount ascertained by applying the appropriate remission rate. (2) For the purpose of determining the amount payable to the Executive in respect of the variation of a lease, the Minister shall determine the added value of the lease. (3) In determining the added value of a lease, no reduction shall be allowed for where the variation of the lease is conditional upon the applicant financing or undertaking works on the land comprised in the lease or on any unleased Territory Land. Remission of amount payable 14. (1) In this regulation-- "prescribed lease" means a lease of Territory Land-- (a) to which a variation is proposed; and (b) that is classified under this regulation as-- (i) a full charge grant; (ii) a concessional charge grant; or (iii) a grant free of charge. (2) The remission rate applicable in respect of a prescribed lease is the rate, expressed as a percentage of the added value of the lease, specified in Column 2 of the appropriate table in Schedule 3 opposite the range of years specified in Column 1 of that table that includes the number of years that have elapsed since the grant of the lease. (3) For the purposes of this regulation and Schedule 3, unless the contrary intention appears: (a) a lease shall be classified as a full charge grant-- (i) if an amount not less than the market value of the lease was paid as a lump sum for the grant of the lease or is payable under the lease as rent; or (ii) if the lease was granted before 1 January 1971 and a provision in respect of rent, amounts taken to be rent, or additional rent has, by force of an enactment, ceased to have effect; (b) a lease shall be classified as a concessional charge grant if it was granted for a consideration less than the full market value of the lease, whether that consideration was paid as a lump sum for the grant of the lease or is payable under the lease as rent; (c) a lease shall be classified as a grant free of charge if it was granted free of consideration other than rent payable at 5 cents per annum if and when demanded. (4) Where, since the grant of a lease of Territory Land-- (a) that lease has been replaced in whole or in part by a further lease; and (b) the further lease does not require any particular part of the parcel of land held under the lease-- (i) to be occupied by the original grantee; or (ii) to be used for a purpose permitted under the original lease; the further lease issued shall be taken to be a prescribed lease classified as a full charge grant. (5) For the purpose of determining the period since the grant of a lease referred to in subregulation (4), the relevant period shall be taken to have commenced on the date of the grant of the further lease. (6) Where-- (a) 2 or more leases granted in respect of parcels of land of differing areas have been amalgamated into a composite lease; and (b) the amalgamated leases would have had 2 or more classifications; the composite lease shall be taken to have the same classification as the larger or largest of the amalgamated leases. (7) For the purpose of determining the period since the grant of a composite lease referred to in subregulation (6), the relevant period shall be taken to have commenced on the date of the grant of the larger or largest of the amalgamated leases. (8) Where-- (a) 2 or more leases granted in respect of parcels of land having the same area have been amalgamated into a composite lease; and (b) the amalgamated leases would have had 2 or more classifications; the composite lease shall be taken to have the same classification as whichever of the amalgamated leases would, if varied separately, have attracted the greater or greatest remission rate. (9) For the purpose of determining the period since the grant of a composite lease referred to in subregulation (8), the relevant period shall be taken to have commenced on the date of the grant of whichever of the amalgamated leases would, if varied separately, have attracted the greater or greatest remission rate. (10) Where a prescribed lease, other than a lease referred to in subregulation (4), has been granted in substitution for a surrendered lease for the purpose of-- (a) varying the term of the surrendered lease; (b) correcting an error in the surrendered lease; or (c) subdividing the land comprised in the surrendered lease into parcels of land held under leases having the same purposes as those of the surrendered lease; for the purpose of determining the period since the grant of the prescribed lease, that period shall be taken to have commenced on the date of the grant of the surrendered lease. Prescribed classes of leases--paragraph 186 (1) (a) of the Act LAND (PLANNING AND ENVIRONMENT) REGULATIONS (NO. 5 OF 1992) - REG 15 15. For the purposes of paragraph 186 (1) (a) of the Act, each of the following classes of leases is prescribed: (a) leases granted for full market value payable as rent; (b) leases granted under section 164 of the Act. Prescribed period--subsection 230 (4) of the Act 16. (1) For the purposes of subsection 230 (4) of the Act, the prescribed period in respect of an application for approval to conduct a controlled activity specified in Column 2 of an item in Schedule 1 is-- (a) where subsection 229 (1) or paragraph 229 (1) (a) or (b) of the Act need not be complied with in relation to the application--the period specified in Column 3 of that item; (b) where paragraph 229 (1) (a) or (b) of the Act need not be complied with in relation to the application and the Minister has not, under subsection 232 (1) of the Act, required the applicant to give notice of the application--the period specified in Column 3 of that item; (c) where paragraph 229 (1) (a) or (b) of the Act need not be complied with in relation to the application and the Minister has, under subsection 232 (1) of the Act, required the applicant to give notice of the application--the period equal to the aggregate of the period specified in Column 3 of that item and 4 weeks; (d) where paragraphs 229 (1) (a), (b) and (c) of the Act apply in respect of an application and the Minister has not, under subsection 232 (1) of the Act, required the applicant to give notice of the application--the period specified in Column 4 of that item; or (e) where paragraphs 229 (1) (a), (b) and (c) of the Act apply in respect of an application and the Minister has, under subsection 232 (1) of the Act, required the applicant to give notice of the application--the period equal to the aggregate of the period specified in Column 4 of that item and 4 weeks. (2) The period specified by subregulation (1) in respect of an application for approval to conduct a controlled activity commences on the day on which the application is lodged with the Minister pursuant to paragraph 226 (1) (a) of the Act. Prescribed period--subsection 235 (1) of the Act LAND (PLANNING AND ENVIRONMENT) REGULATIONS (NO. 5 OF 1992) - REG 17 17. For the purposes of subsection 235 (1) of the Act, the prescribed period in respect of an application for approval to conduct a controlled activity specified in Column 2 of an item in Schedule 2 is-- (a) where subsection 229 (1) or paragraph 229 (1) (a) or (b) of the Act need not be complied with in relation to the application--the period specified in Column 3 of that item commencing on the day on which the application is forwarded to the concurring authority pursuant to paragraph 229 (1) (c) of the Act; or (b) in any other case--the period specified in Column 4 of that item commencing on the day on which the application is forwarded to the concurring Authority pursuant to paragraph 229 (1) (c) of the Act. Prescribed period--subsection 237 (1) of the Act LAND (PLANNING AND ENVIRONMENT) REGULATIONS (NO. 5 OF 1992) - REG 18 18. For the purposes of subsection 237 (1) of the Act, the prescribed period is-- (a) where notice of the making of the application is published in a daily newspaper pursuant to paragraph 229 (1) (b) of the Act--the period of 21 days commencing on the date of publication of the notice; or (b) in any other case--the period of 42 days commencing on the day on which the application is lodged with the Minister pursuant to paragraph 226 (1) (d) of the Act. Prescribed period--subsection 246 (3) of the Act LAND (PLANNING AND ENVIRONMENT) REGULATIONS (NO. 5 OF 1992) - REG 19 19. For the purposes of subsection 246 (3) of the Act, the prescribed period is 14 days commencing on the day on which the Minister gives the concurring authorities the notice under subsection 246 (1) of the Act. Prescribed period--subsection 256 (6) of the Act LAND (PLANNING AND ENVIRONMENT) REGULATIONS (NO. 5 OF 1992) - REG 20 20. For the purposes of subsection 256 (6) of the Act, the prescribed period is-- (a) where-- (i) an application is made under subsection 256 (1) of the Act for an order in respect of an activity referred to in item 2 or 3 of Schedule 5 of the Act; (ii) application had previously been made under section 226 of the Act for approval to conduct the activity in respect of which the order is sought, being an application which the Minister had not approved or refused to approve before the making of the application under subsection 256 (1) of the Act; and (iii) the Minister approves the application under section 226 of the Act; 21 days commencing on the day on which the approval of the application under section 226 of the Act takes effect; (b) where-- (i) an application is made under subsection 256 (1) of the Act for an order in respect of an activity referred to in item 2 or 3 of Schedule 5 of the Act; (ii) application is made under section 226 of the Act for approval to conduct the activity in respect of which the order is sought, being an application made within the period of 21 days commencing on the day on which the Minister receives the application under subsection 256 (1) of the Act; and (iii) the Minister approves the application under section 226 of the Act; 21 days commencing on the day on which the approval of the application under section 226 of the Act takes effect; (c) where-- (i) an application is made under subsection 256 (1) of the Act for an order in respect of an activity referred to in item 2 or 3 of Schedule 5 of the Act; (ii) application had previously been made under section 226 of the Act for approval to conduct the activity in respect of which the order is sought, being an application which the Minister had not approved or refused to approve before the making of the application under subsection 256 (1) of the Act; and (iii) the Minister refuses to approve the application under section 226 of the Act or is to be taken to have refused the application; 21 days commencing on-- (iv) the day on which the Minister notifies the applicant for approval under section 226 of the Act of his or her refusal to approve the application; or (v) the first day on which the Minister is to be taken to have refused the application; as the case requires; (d) where-- (i) an application is made under subsection 256 (1) of the Act for an order in respect of an activity referred to in item 2 or 3 of Schedule 5 of the Act; (ii) application is made under section 226 of the Act for approval to conduct the activity in respect of which the order is sought, being an application made within the period of 21 days commencing on the day on which the Minister receives the application under subsection 256 (1) of the Act; and (iii) the Minister refuses to approve the application under section 226 of the Act or is to be taken to have refused the application; 21 days commencing on-- (iv) the day on which the Minister notifies the applicant for approval under section 226 of the Act of his or her refusal to approve the application; or (v) the first day on which the Minister is to be taken to have refused the application; as the case requires; or (e) in any other case--21 days commencing on the day on which the Minister receives the application under subsection 256 (1). Exemption of controlled activities from provisions of Part VI of the Act 21. (1) Part VI of the Act does not apply in respect of public works that consist of-- (a) the construction by, or for, the Commissioner for Housing for the Australian Capital Territory of residential accommodation for sale or letting by the Commissioner; (b) installation or construction work carried out within a building or structure that does not affect the exterior of the building or structure; (c) works carried out by the lessee pursuant to the requirements of a lease of Territory Land; (d) the extension of-- (i) electricity services; or (ii) a water, sewerage or drainage system; over unleased Territory Land to a boundary of a parcel of leased Territory Land; or (e) the construction of a driveway from a public street to a boundary of a parcel of Territory Land. (2) Part VI of the Act does not apply in respect of-- (a) the variation of a lease to reduce the rent payable under the lease to a nominal rent; (b) the variation of a lease to permit 2 self-contained dwellings to be erected on the land comprised in the lease; (c) the variation of a lease, in accordance with the provisions of the lease, to reduce the area of the land comprised in the lease; or (d) the surrender of a lease and the grant of a new lease for the purposes of section 171 or 172 of the Act. (3) Part VI of the Act does not apply in respect of the execution of new leases for the purpose of effecting the subdivision of land where-- (a) the land to be subdivided is held under a lease (in this subregulation referred to as the "primary lease") that was granted before the commencement of these Regulations and was expressed to be granted for the purpose of enabling the lessee to develop the land comprised in the lease for subdivision and resale; and (b) the land comprised in the primary lease has been developed in accordance with the provisions of the lease. (4) Part VI of the Act does not apply in respect of the execution of a new lease for the purpose of effecting the consolidation of parcels of Territory Land. (5) Paragraphs 229 (1) (a) and (b) and section 276 of the Act do not apply in respect of a variation of a lease where the whole of the land comprised in the lease before and after the variation is defined land within the meaning of Division 3 of Part II of the Act. (6) Paragraph 229 (1) (b) and section 276 of the Act do not apply in respect of a controlled activity of the kind referred to in item 1 of Schedule 4 of the Act where the Minister has, by instrument, determined that the activity is consistent with the conservation requirements specified in the Heritage Places Register pursuant to paragraph 54 (1) (d) of the Act. Extensions of time for the purposes of Part VI of the Act 22. (1) Where application is made under section 226 of the Act for approval to conduct a controlled activity and the applicant will only be able to undertake the controlled activity if he or she obtains approval to conduct another controlled activity, being a controlled activity for which the applicant has made application for approval under section 226 of the Act but for which approval has not been granted, the period prescribed for the purposes of subsection 230 (4) of the Act in respect of the first-mentioned application is extended by the period prescribed for the purposes of that subsection in respect of the other controlled activity. (2) Where-- (a) application is made under section 226 of the Act for approval to conduct a controlled activity; (b) the applicant for approval applies to the Minister under subsection 228 (1) of the Act for a part of any copy of the application under section 226 to be excluded from being made available to the public or for public inspection; (c) the Minister, under subsection 228 (2) of the Act, refuses to approve the application under subsection 228 (1); and (d) the Minister receives notification pursuant to subsection 27 (11) of the Administrative Appeals Tribunal Act 1989 that the applicant has made application to the Tribunal for a review of the decision of the Minister under subsection 228 (2) of the Act; the period prescribed for the purposes of subsection 230 (4) of the Act that is applicable to the application under section 226 is extended by a period equal to the period commencing on the day on which the Minister receives the notice under subsection 27 (11) of the Administrative Appeals Tribunal Act 1989 and ending on the day on which the proceedings in the Tribunal are concluded. (3) Where-- (a) application is made under section 226 of the Act for approval to conduct a controlled activity; and (b) the Minister, pursuant to subsection 233 (1) of the Act, requires the applicant to furnish further information relating to the application; the period prescribed for the purposes of subsection 230 (4) of the Act in respect of the application is extended by a period equal to the period commencing on the day on which the Minister gives the applicant the notice under subsection 233 (1) of the Act requiring the information and ending on-- (c) the day on which the applicant furnishes the Minister with the information required by the notice; or (d) the day on which the applicant is required to comply with the notice; whichever first occurs. (4) Where-- (a) application is made under section 226 of the Act for approval to conduct a controlled activity; and (b) the relevant Minister, or the Environment Minister, pursuant to section 113 of the Act, directs the applicant to prepare a preliminary assessment of the environmental impact of conducting the controlled activity; the period prescribed for the purposes of subsection 230 (4) of the Act that is applicable to the application is extended by a period equal to the period commencing on the day on which the relevant Minister or the Environment Minister gives the applicant the notice under section 113 of the Act directing the applicant to prepare the preliminary assessment and ending on the day 42 days after the day on which the applicant submits the preliminary assessment to the Environment Minister. (5) Where-- (a) application is made under section 226 of the Act for approval to conduct a controlled activity; and (b) the Minister directs an Assessment to be made about any aspect of the application; the period prescribed for the purposes of subsection 230 (4) of the Act that is applicable to the application is extended by a period equal to the period commencing on the day on which the Minister directs the Assessment to be made and ending on the day on which the report referred to in section 131 of the Act relating to the Assessment is completed. (6) Where-- (a) application is made under section 226 of the Act for approval to conduct a controlled activity; and (b) the Minister establishes a panel to conduct an Inquiry about an aspect of the application; the period prescribed for the purposes of subsection 230 (4) of the Act that is applicable to the application is extended by a period equal to the period commencing on the day on which the Minister establishes the panel to conduct the Inquiry and ending on the day on which the report of the panel's findings and recommendations are laid before the Legislative Assembly pursuant to subsection 141 (1) of the Act. (7) Where application is made under section 226 of the Act for approval to conduct a controlled activity, the period prescribed for the purposes of subsection 230 (4) of the Act in respect of that application may be extended by any period agreed in writing by the Minister and the applicant. LAND (PLANNING AND ENVIRONMENT) REGULATIONS (NO. 5 OF 1992) - SCHEDULE 1 SCHEDULE 1 Regulation 16 Column 1 Column 2 Column 3 Column 4 Item Controlled activity Prescribed period when full public notice, is not required (weeks) Prescribed period when full public notice is required (weeks) 1 Work affecting the requirements for the conservation of the heritage significance of places included in the Heritage Places Register or an interim Heritage Places Register 14 17 2 The execution of a variation of a lease of Territory Land 14 16 3 The execution of a new lease for the purpose of effecting the subdivision of Territory Land 14 16 4 Subject to the Plan, the use of residential land for carrying on a profession, trade, occupation or calling on the land 8 10 5 An activity specified pursuant to paragraph 7 (3) (c) of the Act to be a controlled activity for the purposes of Part VI of the Act 11 6 Encroachments onto, over or under public land within the meaning of Part V of the Act, or a public road within the meaning of that Part 11 7 Mining 20 8 Public works 20 LAND (PLANNING AND ENVIRONMENT) REGULATIONS (NO. 5 OF 1992) - SCHEDULE 2 SCHEDULE 2 Regulation 17 Column 1 Column 2 Column 3 Column 4 Item Controlled activity Prescribed period when full public notice not required (weeks) Prescribed period when full public notice is required (weeks) 1 Work affecting the requirements for the conservation of the heritage significance of places included in the Heritage Places Register or an interim Heritage Places Register 4 6 2 The execution of a variation of a lease of Territory Land 7 9 3 The execution of a new lease for the purpose of effecting the subdivision of Territory Land 7 9 4 Subject to the Plan, the use of residential land for carrying on a profession, trade, occupation or calling on the land 6 8 5 An activity specified pursuant to paragraph 7 (3) (c) of the Act to be a controlled activity for the purposes of Part VI of the Act 9 6 Encroachments onto, over or under public land within the meaning of Part V of the Act, or a public road within the meaning of that Part 9 7 Mining 9 8 Public works 10 LAND (PLANNING AND ENVIRONMENT) REGULATIONS (NO. 5 OF 1992) - SCHEDULE 3 SCHEDULE 3 Subregulations 14 (3) and (4) RATES OF REMISSION FOR CALCULATION OF BETTERMENT CHARGE TABLE 1: FULL CHARGE GRANT Column 1 Range of years Column 2 Remission rate (% of added value) Less than 5 Nil Not less than 5 but less than 6 05 Not less than 6 but less than 7 08 Not less than 7 but less than 8 11 Not less than 8 but less than 9 14 Not less than 9 but less than 10 17 Not less than 10 but less than 11 20 Not less than 11 but less than 12 23 Not less than 12 but less than 13 26 Not less than 13 but less than 14 29 Not less than 14 but less than 15 32 Not less than 15 but less than 16 35 Not less than 16 but less than 17 38 Not less than 17 but less than 18 41 Not less than 18 but less than 19 44 Not less than 19 but less than 20 47 20 and over 50 TABLE 2: CONCESSIONAL CHARGE GRANT Column 1 Range of years Column 2 Remission rate (% of added value) Less than 10 Nil Not less than 10 but less than 20 10 20 and over 20 TABLE 3: GRANT FREE OF CHARGE Column 1 Range of years Column 2 Remission rate (% of added value) Less than 10 Nil Not less than 10 but less than 20 05 20 and over 10 LAND (PLANNING AND ENVIRONMENT) REGULATIONS (NO. 5 OF 1992) - NOTES NOTE 1. Notified in the ACT Gazette on 8 May 1992. (c) Australian Capital Territory 2003 LAND (PLANNING AND ENVIRONMENT) REGULATIONS (NO. 5 OF 1992) - NOTES AUSTRALIAN CAPITAL TERRITORY Regulations 1992 No. 51 The Australian Capital Territory Executive hereby makes the following Regulations under the Land (Planning and Environment) Act 1991. Dated 8 May 1992. BILL WOODMinister TERRY CONNOLLYMinister