{"id":"a-2026-8","name":"Planning Legislation Amendment Act 2026","slug":"planning-legislation-amendment-act-2026","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"8 of 2026","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":454075,"registerId":"act-a-2026-8-current","compilationNumber":null,"startDate":"2026-05-15","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part Part 2","sectionType":"part","heading":"Planning Act 2023","content":"Part 2 Planning Act 2023\n4 Supporting report for draft major plan amendment\nSection 61 3\n5 Public consultation—notification and availability of draft major plan\namendments etc\nNew section 63 (1A) 3\n\nContents\nPage\ncontents 2 Planning Legislation Amendment Act 2026 A2026-8\n6 Section 63 (2) 3\n","sortOrder":0},{"sectionNumber":"Part Part 3","sectionType":"part","heading":"Planning (Exempt Development)","content":"Part 3 Planning (Exempt Development)\n","sortOrder":1},{"sectionNumber":"7","sectionType":"section","heading":null,"content":"7 Schedule 1, new section 1.38 4\n","sortOrder":2},{"sectionNumber":"8","sectionType":"section","heading":null,"content":"8 Swimming pools\nSchedule 1, section 1.51 (2), definition of swimming pool 4\n","sortOrder":3},{"sectionNumber":"9","sectionType":"section","heading":null,"content":"9 Single dwellings where declaration authorises minor non-compliance\nSchedule 1, section 1.131 (1) (b) 5\n","sortOrder":4},{"sectionNumber":"Part Part 4","sectionType":"part","heading":"Planning (General) Regulation 2023","content":"Part 4 Planning (General) Regulation 2023\n10 Section 10 heading 6\n","sortOrder":5},{"sectionNumber":"Part Part 5","sectionType":"part","heading":"Recovery of Lands Act 1929","content":"Part 5 Recovery of Lands Act 1929\n","sortOrder":6},{"sectionNumber":"11","sectionType":"section","heading":null,"content":"11 Warrant of ejectment\nSection 4 7\n","sortOrder":7},{"sectionNumber":"12","sectionType":"section","heading":null,"content":"12 Service of notice\nSection 8 (d) 7\n","sortOrder":8},{"sectionNumber":"13","sectionType":"section","heading":null,"content":"13 Only surveyors to carry out surveys\nSection 49, note 8\n\nJ2026-63\nPlanning Legislation Amendment\nAct 2026\nA2026-8\nAn Act to amend legislation about planning, and for other purposes.\nThe Legislative Assembly for the Australian Capital Territory enacts as follows:\n\n1 Name of Act\nThis Act is the Planning Legislation Amendment Act 2026.\n2 Commencement\nThis Act commences on the 7th day after its notification day.\nNote The naming and commencement provisions automatically commence on\nthe notification day (see Legislation Act, s 75 (1)).\n3 Legislation amended\nThis Act amends the following legislation:\n• Planning Act 2023\n• Planning (Exempt Development) Regulation 2023\n• Planning (General) Regulation 2023\n• Recovery of Lands Act 1929\n• Surveyors Act 2007.\n\nPlanning Act 2023 Part 2\nA2026-8 Planning Legislation Amendment Act 2026 page 3\nPart 2 Planning Act 2023\n4 Supporting report for draft major plan amendment\nomit\ndraft major planning amendment\ndraft major plan amendment\n5 Public consultation—notification and availability of draft\nmajor plan amendments etc\nNew section 63 (1A)\ninsert\n(1A) Also, for a draft major plan amendment prescribed by regulation, the\nterritory planning authority must give a copy of the consultation\nnotice to each person prescribed by regulation.\n6 Section 63 (2)\nomit\nthe territory planning authority is not required to publish a major draft\namendment if satisfied that\nsubsections (1) and (1A) do not apply if the territory planning\nauthority is satisfied that\n\nPart 3 Planning (Exempt Development) Regulation 2023\nPart 3 Planning (Exempt Development)\n7 Schedule 1, new section 1.38\nin division 1.4.1, insert\n1.38 Single dwellings—step-free access paths\n(1) Designated development for a step-free access path to a single\ndwelling if the path complies with the Livable Housing Design\nStandard published by the Australian Building Codes Board, as in\nforce from time to time.\nNote The Livable Housing Design Standard does not need to be notified under\nthe Legislation Act because s 47 (6) does not apply (see Act, s 523 (4)\nand Legislation Act, s 47 (7)). The standard is accessible at\nncc.abcb.gov.au.\n(2) Section 1.17 (Criterion 7—compliance with other applicable\nexemption) does not apply to the designated development.\n8 Swimming pools\nSchedule 1, section 1.51 (2), definition of swimming pool\nswimming pool—\n(a) means an excavation, structure or vessel that—\n(i) can be filled with water to a depth of more than 300mm;\nand\n(ii) is principally used for swimming, wading, paddling or any\nother human aquatic activity; and\n(b) includes a bathing or wading pool and a spa; but\n(c) does not include a bath or spa bath in a bathroom.\n\nPlanning (Exempt Development) Regulation 2023 Part 3\nA2026-8 Planning Legislation Amendment Act 2026 page 5\n9 Single dwellings where declaration authorises minor\nnon-compliance\nSchedule 1, section 1.131 (1) (b)\n(b) for an encroachment under paragraph (a) (iii)—the\nencroachment would not cause shadowing for more than 3 hours\nto more than 50% of any habitable room or principal private\nopen space of another block between 9 am and 3 pm on the\nwinter solstice; and\n\nPart 4 Planning (General) Regulation 2023\nPart 4 Planning (General)\n10 Section 10 heading\n10 People to be given consultation notice and extension\nnotice—Act, s 63 (1A) and (4) (b)\n\nRecovery of Lands Act 1929 Part 5\nA2026-8 Planning Legislation Amendment Act 2026 page 7\nPart 5 Recovery of Lands Act 1929\n11 Warrant of ejectment\nomit\nhis\nthe magistrate’s\n12 Service of notice\nSection 8 (d)\nomit\nhis\nthe lessee’s\n\n13 Only surveyors to carry out surveys\nSection 49, note\nomit\nregister-general\nsurveyor-general\n\nA2026-8 Planning Legislation Amendment Act 2026 page 9\nEndnotes\n1 Presentation speech\nPresentation speech made in the Legislative Assembly on 18 March 2026.\n2 Notification\nNotified under the Legislation Act on 15 May 2026.\n3 Republications of amended laws\nFor the latest republication of amended laws, see www.legislation.act.gov.au.\nI certify that the above is a true copy of the Planning Legislation Amendment\nBill 2026, which was passed by the Legislative Assembly on 6 May 2026.\nClerk of the Legislative Assembly","sortOrder":9}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"_sourceCoverage":{"mode":"whole_source","sourceChars":6669,"sourceSha256":"35c0b61713b89775fe96844c1a14b47607f6631f3c09ce017a18eb9cb649f6cc","suppliedChars":6669},"complexity_score":3,"scope_assessment":{"changed":false,"description":"On the face of the Act, the changes are targeted amendments to planning rules and related legislation. Although it also amends the Recovery of Lands Act 1929 and Surveyors Act 2007, those amendments replace gendered or outdated wording rather than adding a new substantive policy area."},"complexity_factors":["The Act contains 13 numbered sections, with amendments across five Acts and regulations.","Some changes depend on regulations prescribing which plan amendments and people are covered (ss 5–6, 10).","The step-free access exemption refers to an external design standard that applies as in force from time to time (s 7).","The shadowing test includes several linked conditions about duration, proportion of rooms or open space, and time of year (s 9)."],"plain_english_summary":"The ACT Act makes targeted changes to planning rules, including consultation for certain major plan amendments, exempt step-free access paths, the definition of a swimming pool and a shadowing test for some single-dwelling work. It also corrects wording in land-recovery and surveyor legislation. This is general legal information, not legal advice; Zoe can make mistakes, and a qualified Australian lawyer should check it before you rely on it or act on it."}},"importantCases":[],"_links":{"self":"/api/acts/planning-legislation-amendment-act-2026","history":"/api/acts/planning-legislation-amendment-act-2026/history","analysis":"/api/acts/planning-legislation-amendment-act-2026/analysis","conflicts":"/api/acts/planning-legislation-amendment-act-2026/conflicts","importantCases":"/api/acts/planning-legislation-amendment-act-2026/important-cases","documents":"/api/acts/planning-legislation-amendment-act-2026/documents"}}