Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(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).
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.
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.