Australian Capital Territory Numbered Regulations

LAND (PLANNING AND ENVIRONMENT) REGULATIONS AMENDMENT (2001 NO 35) - SCHEDULE 1

Schedule 1     Minor and technical amendments

(see reg 2 )

[1.1]     Regulation 2 (1), definitions of building code, consolidation and development

substitute

"building code"—see the Building Act 1972 , section 24.

"consolidation"—see the Act, section 159 (1).

"development"—see the Act, section 222 (1).

[1.2]     Regulation 2 (1), definitions of rear boundary and relevant authority

substitute

"rear boundary" means a boundary that is not a front boundary and does not meet a front boundary.

"relevant authority"—see the Act, section 222 (1).

[1.3]     Regulation 2 (1), definitions of subdivision , Territory Land and variation

substitute

"subdivision"—see the Act, section 159 (1).

"variation", of a lease—see the Act, section 222 (3).

[1.4]     Regulation 2 (as amended by these regulations)

relocate definitions to dictionary

[1.5]     Regulation 2 , remainder

substitute

2     Dictionary

The dictionary at the end of these regulations is part of these regulations.

Note 1     The dictionary at the end of these regulations defines certain words and expressions used in these regulations, and includes references ( signpost definitions ) to other words and expressions defined in other legislation.

    For example, the signpost definition ‘ building code —see the Building Act 1972 , section 24.' means that the expression ‘building code' is defined in section 24 of that Act and the definition applies to these regulations.

Note 2     A definition in the dictionary (including a signpost definition) applies to the entire regulations unless the definition, or another provision of the regulations, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001 , s 155 and 156 (1)).

2A     Meaning of words and expressions used in plan etc

    (1)     Words and expressions used in the plan have the same respective meanings in these regulations.

    (2)     A reference in these regulations to an area by a land use description (for example, ‘residential area' or ‘group centre area') is a reference to the area subject, under the plan, to the land use policy having that description.

2B     Notes

A note included in these regulations is explanatory and is not part of the regulations.

Note     See Legislation Act 2001 , s 127 (1), (4) and (5) for the legal status of notes.

[1.6]     Regulation 13, heading

substitute

13     Local centre remission—Act, s 184C (1)

[1.7]     Regulation 14B (1)

omit

For the purposes of subsection 184C (3) or regulation 14D (Service station lease increase—Act, s 184C (3)) of the Act

substitute

For the Act, section 184C (3)

[1.8]     Regulation 14B (4)

substitute

    (4)     This regulation does not apply to a variation of a lease to which either of the following regulations applies:

        (a)     regulation 14A (Concessional lease increase—Act, s 184C (3));

        (b)     regulation 14D (Service station lease increase—Act, s 184C (3)).

[1.9]     Dictionary

insert

Dictionary

(see reg 2)

"market value", of a lease, means 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.

[1.10]     Renumbering

renumber the regulations when next republished under Legislation Act 2001