2 The water and sewerage service and installation rules made under the Utilities
(Technical Regulation) Act 2014 require access to stated utility infrastructure
at the rear of a block not to be impeded by structures and an unhindered access
route to the infrastructure of a stated width to be provided down at least one
side of the block.
utility rule means a rule, as in force from time to time, made under a
technical code, as in force from time to time, made under the Utilities
(Technical Regulation) Act 2014.
Note Technical codes made under the Utilities (Technical Regulation)
Act 2014 are accessible at www.legislation.act.gov.au. Rules for the
service and installation of water and sewerage are accessible at
www.iconwater.com.au. Rules for the service and installation of
electricity are accessible at www.actewagl.com.au.
1.12 Criterion 2—plumbing and drainage clearances
Development must not cause a clearance for a pipe fitting opening or
pipe fitting outlet to contravene AS/NZS 3500 (Plumbing and
drainage set) as in force from time to time.
Example
A sewer vent must be above the surrounding surface. Development must not create
a situation where surface water can flow into the vent.
Note AS/NZS 3500 does not need to be notified under the Legislation Act
because s 47 (6) does not apply (see Act, s 523 (4) and Legislation Act,
s 47 (7)). The standard may be purchased at www.standards.org.au.
Section 1.13
1.13 Criterion 3—heritage, tree, environment and conservation
(1) Development must not contravene any of the following:
(a) the Environment Protection Act 1997;
(b) the Heritage Act 2004;
(c) the Nature Conservation Act 2014;
(d) the Urban Forest Act 2023.
Note Other applicable laws must also be complied with (see s 1.6).
(2) Development must not—
(a) be located at a place or on an object included in the heritage
register or under a heritage agreement; or
(b) cause any part of a building or other structure to be located at a
place or on an object included in the heritage register or under a
heritage agreement.
(3) Subsection (2) does not apply if the heritage council gives the
territory planning authority written advice that, in the council’s
opinion, the development—
(a) will not diminish the heritage significance of the place or object;
or
(b) is in accordance with—
(i) heritage guidelines; or
(ii) a conservation management plan approved by the council
under the Heritage Act 2004, section 61K; or
(c) is an activity described in a statement of heritage effect approved
by the council under the Heritage Act 2004, section 61H.
conservation management plan—see the Heritage Act 2004,
dictionary.
Section 1.14
heritage agreement—see the Heritage Act 2004, section 99.
heritage guidelines—see the Heritage Act 2004, section 25.
heritage register—see the Heritage Act 2004, section 20.
Note The ACT Heritage Register is accessible at .
heritage significance—see the Heritage Act 2004, section 10.
statement of heritage effect—see the Heritage Act 2004,
section 61G.
1.14 Criterion 4—compliance with lease and agreement
collateral to lease
Development must not be inconsistent with—
(a) a provision of a lease to which the development relates; or
(b) an agreement collateral to the grant of a lease to which the
development relates.
a land management agreement (see Act, s 350 (2) (a))
1.15 Criterion 5—no multiple occupancy dwellings
Development must not increase the number of dwellings on a block
to 2 or more dwellings.
1.16 Criterion 6—affected residential premises
(1) Development must not involve affected residential premises unless
the development is for the following:
(a) the demolition of an affected building on the premises, including
asbestos removal related to the demolition;
(b) work essential for health, safety or reasonable living conditions
at affected residential premises.
Section 2 - Planning (Exempt Development) Regulation 2023 - The water and sewerage service and installation rules made under the Utilities | Zoe
Section 1.17
(2) The Minister may make guidelines about work mentioned in
subsection (1) (b).
(3) A guideline is a notifiable instrument.
affected building—see the Dangerous Substances Act 2004,
section 47I.
1.17 Criterion 7—compliance with other applicable exemption
If 2 or more provisions in part 1.4 (Development exempt from
development approval) apply to development, the development must
comply with each applicable provision.
Examples—other provisions applying to development
1 changing a house roof from metal sheet to tiles (see s 1.23) must also comply
with s 1.26 (Roof slope changes)
2 the replacement of a roof flue for a building (see s 1.23) must also comply with
s 1.27 (Chimneys, flues and vents)
Part 1.3 Certain development proposals
Section 1.18
Part 1.3 Certain development proposals
1.18 Information about certain development proposals
(1) This section applies—
(a) in relation to a development proposal for—
(i) development mentioned in section 1.130 (Compliant single
dwellings) or section 1.131 (Single dwellings where
declaration authorises minor non-compliance); or
(ii) development mentioned in section 1.132 (Single
dwellings—demolition) if the development is not required
to be carried out urgently to address a risk of death or injury
to a person, serious harm to the environment or significant
damage to property; and
(b) if—
(i) a place (the adjoining place) other than unleased land
adjoins the place (the developing place) to which the
development proposal relates; and
(ii) the adjoining place has 1 or more dwellings on it.
(2) The proponent of the development proposal must take reasonable
steps to give written information about the proposal to an occupier
(a resident) of each dwelling.
(3) The written information must include the following:
(a) site plans and elevation plans for the development proposal;
(b) if any point of a building or other structure in the proposal
extends beyond any relevant solar building envelope
(an encroachment)—shadow diagrams of the encroachment;
(c) any additional information required by the territory planning
authority and included in a notice published on the authority
website.
Certain development proposals Part 1.3
Section 1.18
(4) However, the proponent need not give written information to a
resident of a dwelling on an adjoining place if the resident is the
proponent or a person for whom the proponent has been appointed to
act as agent.
(5) The proponent may give the written information to a resident of a
dwelling by leaving it at the dwelling.
1 if the dwelling is an apartment—leaving it in the letterbox for the apartment
2 placing it under a door that gives access into the dwelling
Note The written information may be given in other ways (see Legislation Act,
pt 19.5).
(6) In this section:
adjoins—a place adjoins another place if the place touches the other
place, or is separated from the other place only by a road, reserve,
river, watercourse or similar division.
resident, of a dwelling, includes a person believed on reasonable
grounds to be occupying the dwelling.
Note 1 If an application is made for an exemption assessment D notice relating
to a development proposal to which this section applies, the application
must include a written notice that this section was complied with
(see s 11 (2) (a)).
Note 2 If an application is made for building approval for building work, and the
development to which the building work relates is a development
proposal to which this section applies, the application must be
accompanied by a written notice that this section was complied with
within 2 years before the day the application is made (see Building
Act 2004, s 26 (2) (h)).
Note 3 If building work the subject of an application for an exemption
assessment B notice relates to a development proposal mentioned in s (1)
(a) (i), the application must be accompanied by a written notice that this
section was complied with within 2 years before the day the application
is made (see Building (General) Regulation 2008, s 7B (2)).
Section 1.20
Part 1.4 Development exempt from
development approval
Note In order to be exempt from requiring development approval, development
must comply with each of the general exemption criteria, unless a
provision in this part provides that a criterion does not apply to the
development (see s 1.10 (General exemption criteria)).
1.20 Internal alterations of buildings
(1) Designated development for the internal alteration of a building if the
alteration does not do either of the following:
(a) change the building’s class under the building code;
(b) increase the gross floor area of a non-residential building.
non-residential building means a building, or part of a building, that
is—
(a) not used for residential purposes; and
(b) not a class 10 building associated with a building used for
residential purposes.
Section 1.21
1.21 Installation, alteration and removal of low impact external
doors and windows in buildings
Designated development for the installation, alteration or removal
(the relevant change) of an external door or window in a building
if—
(a) the height of the building’s finished floor level, or other
trafficable surface, immediately adjacent to the relevant change
is not more than 1m above datum ground level; and
Example—trafficable surface
paving
(b) if the relevant change is to an existing door or window—the
relevant change involves no more than the following:
(i) replacing the door or window with either a door or a
window without changing the width of the opening in the
wall;
(ii) increasing the width of the door or window by not more
(iii) increasing the height of the door or window by not more
(iv) reducing the height or width, or both, of the window or
door;
(v) installing a wall instead of the door or window or a part of
the door or window; and
an existing window is replaced by a door that is 200mm higher and 300mm
wider than the window
Note The change in relation to the door or window need not involve all
of the matters mentioned in par (b).
Section 1.22
(c) if the relevant change is not to an existing door or window—the
relevant change involves no more than removing part of a wall
and installing a door or window with an external horizontal
opening of not more than 2m; and
(d) no part of the relevant change is less than either of the following
for the block on which the building is located:
(i) 1.5m from a side boundary;
(ii) 3m from a rear boundary.
1.22 Installation, alteration and removal of high impact
external doors and windows in buildings
Designated development for the installation, alteration or removal
(the relevant change) of an external door or window in a building
if—
(a) the height of the building’s finished floor level, or other
trafficable surface, immediately adjacent to the relevant change
is 1m or more above datum ground level; and
Note See the example to s 1.21 (a).
(b) the relevant change involves no more than the following:
(i) replacing the door or window with either a door or a
window without changing the width of the opening in the
wall;
(ii) increasing the width of the door or window by not more
(iii) increasing the height of the door or window by not more
Section 1.23
(iv) reducing the height or width, or both, of the window or
door;
(v) installing a wall instead of the door or window or a part of
the door or window; and
Note The change in relation to the door or window need not involve all
of the matters mentioned in par (b).
(c) no part of the relevant change is less than either of the following
for the block on which the building is located:
(i) 1.5m from a side boundary;
(ii) 3m from a rear boundary.
1.23 Exterior refinishing of buildings and other structures
(1) Designated development for altering the exterior material or finish of
a building or other structure if the alteration involves—
(a) painting the exterior of the building or other structure to change
its appearance, other than—
(i) painting a design, sign or street art on the exterior of the
building or structure; or
Note For signs, see s 1.61 and for street art, see s 1.24.
(ii) painting the building for maintenance; or
Note For maintenance, see s 1.25.
Section 1.23
(b) replacing or covering an exterior item (other than an excluded
item) of the building or other structure with the same or a
different material.
Examples—par (b)
1 changing a house roof from metal sheet to tile
2 changing weatherboard cladding to brick-veneer
3 rendering exterior brickwork with cement render
excluded item means—
(a) an external door or window; or
(b) a skylight for a building.
exterior item means any of the following on the exterior of a building
or other structure:
(a) a wall, sill or fascia or an eave lining;
(b) a downpipe or flashing or guttering;
(c) trim;
(d) roofing or a roof duct, flue, gutter or vent;
(e) a vent pipe;
(f) a step or landing;
(g) a handrail or balustrade or other barrier that functions as a
balustrade;
(h) a pole or post.
structure does not includes a fence for an open space boundary.
Note 1 For external doors and windows, see s 1.21 and s 1.22 and for skylights,
see s 1.28.
Note 2 Changing the external appearance, material or finish of a building or other
Section 1.24
1.24 Street art on buildings and other structures
(1) Designated development for altering the exterior of a building or
other structure by painting, marking or otherwise affixing street art
on the building or other structure, if—
(a) the building or other structure is not in a residential zone; and
(b) the lessee or custodian of the land on which the building or other
structure is located has agreed, in writing, to the street art; and
(c) the street art—
(i) does not project more than 30mm from a wall or other
surface; and
(ii) does not include material that discriminates against or
vilifies any person or group; and
(iii) does not include material that is offensive or sexually
explicit; and
(iv) does not include advertising material; and
(v) is not a sign; and
Note A sign may be exempt under s 1.61.
(vi) is not illuminated or animated; and
(vii) does not incorporate a moving or changing display or
message; and
(viii) does not use reflective paint or other reflective material;
and
(ix) is not more than 6m in height.
Example—street art on a building or other structure
mural painted on the external wall of a building
Section 1.25
Note 1 A public artwork may also be exempt under s 1.91.
Note 2 An artwork on a building or other structure in an existing school campus
may also be exempt under s 1.110 (Schools—artwork on buildings or
other structures).
1.25 Maintenance of buildings and other structures
(1) Designated development (other than development to which
section 1.23 applies) for the maintenance of a building or other
structure if the maintenance does not involve changing the kind of
material used for the part of the building or other structure to which
the maintenance relates.
Examples—maintenance
1 replacing a building’s rotted timber window frames to maintain the building’s
appearance and to weatherproof the building
2 repairing a building’s plant and equipment
3 painting a building to maintain the building’s appearance
structure, or replacing items such as windows, may be subject to other
laws, including heritage laws and energy efficiency provisions of
building laws.
(2) Section 1.13 (Criterion 3—heritage, tree, environment and
conservation) does not apply to the designated development.
1.26 Roof slope changes
Designated development for changing the slope of all or part of a
building’s roof if the change does not do any of the following:
(a) change the slope by more than 5o;
Section 1.27
(b) cause the roof to project beyond any relevant solar building
envelope;
(c) increase the volume or floor area of an existing attic;
(d) create a new attic.
1.27 Chimneys, flues and vents
Designated development for a chimney, flue or vent for a building if
the chimney, flue or vent—
(a) penetrates, or is attached to, the building’s roof; and
(b) does not extend more than 1.5m above the lowest point of the
roof where the chimney, flue or vent penetrates, or attaches to,
the roof.
Example—chimney that is exempt development
A chimney penetrates a sloping roof. The vertical distance from the top of the
chimney to the point where the chimney emerges from the roof’s surface, on the
downhill side of the chimney, is 1.45m.
1.28 Skylights
Designated development for a skylight in the roof of a building if—
(a) the external area of the skylight is not more than 2m2; and
(b) the skylight does not project more than 150mm above the
surface of the roof adjacent to the skylight; and
(c) the skylight does not project beyond any relevant solar building
envelope.
Section 1.29
1.29 External shades
(1) Designated development for an external shade if the external shade,
when opened to its full capacity, is within the boundary of the block.
external shade—
(a) means a device used to shade a window or door externally; and
(b) includes a pole, post or any other item associated with an
external shade; but
(c) does not include an eave.
Examples—external shades
awning, blind, louvre, shutter
1.30 External cooling and water heating services
(1) Designated development for an externally mounted service for a
block if—
(a) no part of the service is within 1.5m of a side boundary or rear
(b) if the service is mounted on a roof—
(i) the distance from the top of the service to the closest point
of the roof is not more than 1.5m; and
(ii) the service does not project beyond any relevant solar
(c) if the service is mounted on the ground—no part of the service
is between a front boundary and a building line for the block.
Note Noise emitted from things, including external cooling and water heating
services, is regulated under the Environment Protection Regulation 2005.
Section 1.31
service—
(a) means an air conditioner, evaporative cooler or solar water
heater; and
(b) includes the support structures (if any) for the air conditioner,
evaporative cooler or solar water heater.
solar water heater—see the Building (General) Regulation 2008,
1.31 External photovoltaic panels
(1) Designated development for an externally mounted photovoltaic
panel for a block if—
(a) no part of the panel is within 1.5m of a side boundary or rear
(b) no part of the panel projects beyond any relevant solar building
envelope; and
(c) if the panel is a protruding panel on a block to which no solar
building envelope would apply under the relevant performance
outcome of the territory plan—
(i) no part of the panel is more than 300mm above the closest
point of the roof; or
(ii) no part of the panel restricts solar access to another block;
and
(d) if the panel is mounted on the ground—no part of the panel is
between a front boundary and a building line for the block.
Section 1.32
protruding panel means a roof mounted photovoltaic panel any part
of which is higher than a plane projected at 30° above horizontal from
a height of 3m above datum ground level at a boundary of the block.
restrict—a protruding panel on a block restricts solar access to
another block if, on the winter solstice when the sun’s angle is 30°
above the horizon, the shadow cast by the panel at datum ground level
on the other block is larger than the shadow that would be cast on the
other block by the roof if the protruding panels were not mounted on
it.
1.32 External batteries
(1) Designated development for an externally mounted battery on a block
if—
(a) no part of the battery is—
(i) between a front boundary and a building line for the block;
or
(ii) within 1.5m of a side boundary or rear boundary of the
(b) if the battery is mounted on a wall or on the ground adjacent to
a wall—the battery is not higher than the wall; and
(c) the total capacity of the battery is not more than 50kW; and
(d) the cumulative volume of the battery, excluding the charge
controller and inverter, is not more than 0.4m3; and
(e) no component of the battery is more than—
(i) a height of 2.5m; or
(ii) a width of 2m; or
(iii) a depth of 1m; and
Section 1.33
(f) the battery is not installed in a way that deviates from the
specifications for its design and use.
Note Noise emitted from things, including batteries, is regulated under the
Environment Protection Regulation 2005.
battery includes the support structures (if any) for the battery.
1.33 External switchboards
Designated development for a switchboard on the exterior of a
building.
1.34 External area lighting
(1) Designated development for area lighting on the exterior of a
building.
Note Other laws, including the Environment Protection Act 1997, apply in
relation to the emission of electromagnetic radiation, including light.
area lighting means lighting to assist people to avoid obstacles while
moving around the exterior of a building.
1.35 Residential leases—driveway crossings of road verges
(1) Designated development for a driveway across a road verge for a
residential lease granted for a single dwelling if—
(a) only 1 dwelling has been built on the lease and a development
application for another dwelling has not been made in relation
to the lease; and
(b) the construction of the driveway will result in not more than
2 driveways across the road verge for the lease; and
Section 1.36
(c) the director-general of the administrative unit responsible for
municipal services has agreed, in writing, to the construction of
the driveway; and
(d) the driveway is constructed in accordance with the agreement.
road verge means the area between the trafficable part of a road and
the boundary of a lease adjacent to the road.
Note This item does not apply to that part of a driveway that is on the
residential lease, but other provisions in this schedule might apply to that
part of a driveway.
1.36 Resealing existing driveways
Designated development for resealing an existing driveway if 1 or
more of the following materials is used:
(a) concrete (including coloured or patterned concrete);
(b) bitumen;
(c) pavers, including bricks;
(d) timber;
(e) grass, including stabilising treatment.
Note A driveway in an existing school campus may also be exempt under
s 1.121 (Schools—driveways).
1.37 Temporary buildings and other structures
(1) Designated development for a temporary, portable or demountable
building or other structure if—
Note For shipping containers, see s 1.59.
(a) the building or other structure is for use at the site of another
development or an event; and
Section 1.40
(b) if the building or other structure is for use at the site of another
development—the building or other structure is associated with
carrying out the other development; and
(c) the building or other structure is removed before the end of the
longer of the following periods:
(i) 1 year after the day the designated development for the
building or other structure begins;
(ii) if the territory planning authority extends, in writing, the
1-year period—the period as extended.
event means a fair, circus, carnival, celebration, market, show,
concert, display, exhibition, competition, training event, recreational
event or publicity event or similar activity.
Division 1.4.2 Non-habitable buildings and other
structures
Subdivision 1.4.2.1 Preliminary
1.40 Meaning of class 10a building—div 1.4.2
class 10a building includes the following:
(a) a garage, carport or shed;
(b) a conservatory, greenhouse, gazebo, pergola, shelter, shade
structure or hail protection structure, studio, workshop or
cubbyhouse;
(c) a stable, storeroom or other outbuilding;
(d) a deck, verandah, porch, landing, stairs or ramp.
Note A swimming pool is not a class 10a building (see building code).
1.41 Class 10 buildings and other structures—2nd exempt
building or other structure in boundary clearance area
(1) Designated development for a class 10 building or other structure (the
2nd thing) in a boundary clearance area of a block if—
(a) an existing class 10 building or other structure (the 1st thing) is
partly or fully in a boundary clearance area of the block; and
(b) the 2nd thing would be exempt under another section of this
schedule if the 1st thing were not located partly or fully in the
(c) the 2nd thing is not a boundary fence; and
(d) the 1st thing and 2nd thing—
(i) are the only class 10 buildings or other structures (other
than a boundary fence) that are partly or fully in the
(ii) have a combined relevant cross-section area above datum
ground level of not more than 30m2.
Example—par (d) (ii)
A regular-shaped, flat-roofed, garden shed faces parallel to and is 1m
from the boundary of a block. Its relevant cross-section area is the
area of the rectangles bounded by the shed wall that faces the boundary
and the edge of its roof, a total area of 15m2.
The block’s owner proposes to build a 2nd class 10a building which
is a circular rotunda with a domed roof. Its relevant cross-section area
is the largest cross-section of the rotunda at any point in the boundary
clearance area when measured in a plane parallel to the boundary, an
area of 18m2.
Because the combined relevant cross-section areas of shed and
rotunda are more than 30m2, the rotunda does not comply with this
section and is not exempt from a development application.
(2) To remove any doubt, this section applies in relation to the boundary
clearance area of each side boundary and rear boundary of a block.
boundary clearance area, for a side boundary or rear boundary of a
block, means the area between the boundary and a line drawn 1.5m
inside the block and parallel to the boundary.
class 10 building or other structure does not include a sign installed
on land.
relevant cross-section area, of a building or other structure partly or
fully in a boundary clearance area, means the area of the largest
vertical cross-section of the building or structure at any point in the
area when measured in a plane parallel to the boundary, as shown in
diagram 1.41.
Examples—relevant cross-section area
1 A rectangular shed encroaches on the boundary clearance area of a block and
is parallel to the boundary. The wall facing the boundary is 2m high and 3m
wide. The roof does not increase the profile of the structure. The relevant
cross-section area of the shed is 6m2.
2 A pergola has no walls, encroaches on the boundary clearance area of a block,
and is parallel to the boundary. The side facing the boundary is 2m high and
3m wide. However, the uprights have a total area facing the boundary of 0.6m2
and the crossbeam has a total area facing the boundary of 0.9m2. The relevant
cross-section area of the pergola is 1.5m2.
Diagram 1.41 Relevant cross-section area
Section 1.42
Subdivision 1.4.2.2 Class 10a buildings
1.42 Roofed class 10a buildings—enclosed or open on 1 side
(1) Designated development for a class 10a building on a block if—
(b) the building is enclosed by a roof and has walls on—
(i) each of its sides; or
(ii) each of its sides except for 1 side; and
or
(d) no part of the building extends beyond any relevant solar
(e) the building does not exceed the size limitation for the block;
and
(f) the building complies with the setback requirement for the
(g) if any part of the building is within 1.5m of a side boundary or
Section 1.43
(b) has no part higher than a plane projecting at 30° above the
setback requirement, for a building in relation to a block, means—
(a) if the building has a plan area of not more than 10m2—the
building is behind the building line for the block; or
(b) if the building has a plan area of more than 10m2—the building
is behind the building line for the block and at least 15m from
the block’s front boundary
size limitation, for a building in relation to a block, means—
(a) if the size of the block is less than 500m2—the building has a
plan area of not more than 10m2; or
(b) if the size of the block is 500m2 or more but less than 600m2—
the building has a plan area of not more than 25m2; or
(c) if the size of the block is 600m2 or more—the building has a plan
area of not more than 50m2.
1.43 Roofed class 10a buildings—unenclosed or partly open
(1) Designated development for a class 10a building on a block if—
(b) the height of the building is not more than—
or
Section 1.43
(c) no part of the building extends beyond any relevant solar
(d) the building—
(i) is enclosed by a roof which has a plan area of not more than
50m2; and
(ii) has walls on not more than 2 of its sides; and
(e) the building is behind the building line for the block; and
(f) if the building has a floor—the height of the finished floor level
is not more than—
(i) for any part of the building that is within 1.5m of a side
(g) if any part of the building is within 1.5m of a side boundary or
(b) has no part higher than a plane projecting at 30o above the
Section 1.44
1.44 Class 10a buildings—unroofed and unenclosed
(1) Designated development for a building on a block if—
(b) the building does not have a roof or any walls; and
or
(d) if the building has a floor—the height of the finished floor level
is not more than—
(i) for any part of the building that is within 1.5m of a side
(e) the building is behind the building line for the block; and
(f) if any part of the building is within 1.5m of a side boundary or
Section 1.45
(b) has no part higher than a plane projecting at 30° above the
1.45 Class 10a buildings—external decks
(1) Designated development for an external deck on a block if—
(a) the deck does not have a roof; and
(b) the height of the finished floor level of the deck is not more
than—
(i) for any part of the deck that is either between a front
boundary and a building line for the block or within 1.5m
of a side boundary or rear boundary of the block—0.4m
above datum ground level; and
(c) if any part of the deck is between a front boundary and a building
line for the block—that part of the deck does not have a
balustrade; and
(d) if any part of the deck is behind a building line for the block—
the height of any balustrade for that part of the deck is not more
than 1.2m above the finished floor level for the deck; and
(e) if any part of the deck is higher than 0.4m above datum ground
level and within 1.5m of a side boundary or rear boundary of the
block—
(i) the deck is the only class 10 building or other structure
area) applies to the deck.
Section 1.46
balustrade includes a barrier that acts as a balustrade.
deck includes any of the following for the deck:
(a) external stairs or ramp;
(b) an external landing;
(c) a retaining wall.
1.46 Class 10a buildings—external verandahs
(1) Designated development for an external verandah on a block if—
(a) the verandah is attached to, or immediately adjacent to, a
dwelling on the block; and
(b) the plan area of the verandah is not more than 10m2; and
(c) no part of the verandah is—
(i) higher than 3m above datum ground level; or
(ii) within 5.5m from the front boundary of the block; or
(iii) within 1.5m of a side boundary or rear boundary of the
(d) if the verandah has a floor—the height of the finished floor level
is not more than 1m above finished ground level.
verandah includes any of the following for the verandah:
(a) external stairs or ramp;
(b) an external landing;
(c) a retaining wall.
Section 1.47
Subdivision 1.4.2.3 Class 10b structures
1.47 Class 10b structures—plan area not more than 2m2
Note Class 10b structures include the following:
• a fence, retaining wall or freestanding wall
• a mast or antenna
• a swimming pool.
Designated development for a class 10b structure (other than a sign)
on a block if—
(a) the plan area of the structure is not more than 2m2; and
(b) the structure is not—
(i) wider than 2m; or
(ii) higher than 1.85m above datum ground level; and
(c) if the structure has a floor—the height of the finished floor level
is not more than 0.4m above datum ground level; and
(d) if the structure is not a single letterbox—no part of the structure
is between a front boundary and a building line for the block;
and
(e) the height of any part of the structure that is within 1.5m of a
side boundary or rear boundary of the block is not more than
0.4m above datum ground level; and
(f) if any part of the structure is within 1.5m of a side boundary or
(i) the structure is the only class 10 building or other structure
area) applies to the structure.
Section 1.48
1.48 Fences and freestanding walls generally
(1) Designated development for a fence for, or freestanding wall on, a
block if—
(a) the fence or wall is not higher than—
(i) for a mesh fence in an industrial zone—2.7m above datum
(ii) in any other case—
(A) for a panel of a fence or wall—2.3m above datum
(B) for the support post or column of a fence or wall—
2.5m above datum ground level; and
(b) no part of the fence or wall is between a front boundary and a
building line for the block; and
(c) no part of the fence or wall diverts or concentrates the flow of
(i) in a way that causes ponding; or
(ii) onto other land.
Section 1.49
fence—
(a) includes a gate that forms part of, or functions as, a fence; but
(b) does not include a fence for an open space boundary.
wall includes a gate that forms part of, or functions as, a wall.
1.49 Basic open space boundary fences
Note The Act, s 516 (3) defines open space boundary as meaning a boundary
between leased and unleased land.
(1) Designated development for a fence for an open space boundary for
a block if—
(a) a development requirement for the block requires the building
of a basic paling fence for the boundary; and
(b) the fence—
(i) is not higher than 1.85m above datum ground level; and
(ii) is a basic paling fence or complies with subsection (2); and
(c) no part of the fence diverts or concentrates the flow of surface
water—
(i) in a way that causes ponding; or
(ii) onto other land.
(2) A fence for an open space boundary for a block complies with this
(a) the fence's panels and support structure are—
(i) made of unperforated metal; and
(ii) finished in a pre-coloured proprietary finish; and
(iii) used in accordance with the manufacturer's relevant
written instructions; and
(b) all sharp edges of metal sheets are capped; and
Section 1.50
(c) for any one side of the fence—
(i) the panels are of the same material, flatness and
corrugation (if any); and
(ii) all of the visible components (other than fasteners, footings
and the cut ends of components) are the same external
colour as the panels; and
(iii) the component’s colour is a solid colour that is, or closely
matches, a colour from AS 2700 (Colour standards for
general purposes) as in force from time to time, mentioned
in part 1.5 (Permitted open space boundary fence colours);
and
Note AS 2700 does not need to be notified under the Legislation
Act because s 47 (6) does not apply (see Act, s 523 (4) and
Legislation Act, s 47 (7)). The standard may be purchased
at www.standards.org.au.
(iv) the form, finish and colour of the fence is the same for the
full length of the open space boundary for the block for that
side of the fence.
basic paling fence—see the Act, section 516 (3).
development requirement, in relation to a block—see the Act,
section 516 (3).
1.50 Retaining walls
(1) Designated development for a retaining wall on a block if—
(a) if the retaining wall is between a front boundary and a building
line for the block—the retaining wall is not higher than 0.4m
above datum ground level on the lowest side of the wall; and
Section 1.50
(b) the retaining wall is not higher than—
(i) if it is a cut-in retaining wall—
(B) for any other part of the wall—1.2m above datum
(ii) if it is a fill retaining wall—
(B) for any other part of the wall—1m above datum
(iii) if it is a combination retaining wall—
(B) for any other part of the wall—1.2m above datum
(c) if any part of the retaining wall is higher than 0.4m above datum
ground level on the lowest side of the wall and within 1.5m of a
side boundary or rear boundary of the block—
(i) the retaining wall is the only class 10 building or other
structure (other than a boundary fence) that has any part of
it that is within 1.5m of the boundary; or
area) applies to the retaining wall.
Section 1.51
combination retaining wall means a retaining wall that is both a
cut-in retaining wall and a fill retaining wall.
cut-in retaining wall means a wall, or that part of a wall, retaining
earth below datum ground level.
fill retaining wall means a wall, or that part of a wall, retaining earth
above datum ground level.
1.51 Swimming pools
(1) Designated development for a swimming pool on a block if—
(a) no part of the pool, or an associated structure, is—
(i) either—
(A) if the development includes a courtyard wall forward
of a building line for the block—between a front
boundary and the courtyard wall; or
(B) in any other case—between a front boundary and a
building line for the block; or
(ii) within 1.5m of a side boundary or rear boundary for the
(b) if the pool includes an associated structure with an elevated
floor—the height of the finished floor level is not more than 1m
above finished ground level; and
(c) the height of the pool’s reservoir is not more than 1.5m above
datum ground level.
associated structure, in relation to a swimming pool—
(a) includes a deck, landing, stairs or ramp, for the pool; but
(b) does not include a retaining wall or landscaping for the pool.
Section 1.52
swimming pool—see the Building (General) Regulation 2008,
1.52 Dish antennas
(1) Designated development for a dish antenna on a block if—
(a) the antenna is a receiving antenna only or an antenna that can
send and receive a signal; and
(b) if the antenna is mounted on the ground—
(i) the diameter of the antenna is not more than 1.55m; and
(ii) the height of the antenna is not more than 3m above datum
(c) if the antenna is externally mounted on a building in a residential
area—
(i) the diameter of the antenna is not more than 0.65m; and
(ii) if the building is a single dwelling where the closest point
of the dwelling’s roof to the antenna is lower than the
highest point of the antenna—the distance from the highest
point of the antenna to the closest point on the roof is not
more than 1.5m; and
(d) if the antenna is externally mounted on a building in a
non-residential area—
(i) the diameter of the antenna is not more than 1.55m; and
(ii) if the closest point of the building’s roof to the antenna is
lower than the highest point of the antenna—the distance
from the highest point of the antenna to the closest point on
the roof is not more than 2m; and
(iii) the antenna’s colour matches the adjacent colour of the
building or is the colour of the antenna as manufactured;
and
Section 1.53
(e) if any part of the antenna is within 1.5m of a side boundary or
(i) the antenna is the only class 10 building or other structure
area) applies to the antenna.
dish antenna means a parabolic antenna with a solid, wire or mesh
dish and includes the support structures for the antenna.
1.53 Mast antennas
(1) Designated development for a mast antenna on a block if—
(a) the antenna is a receiving antenna only or an antenna that can
send and receive a signal; and
(b) the diameter of the antenna is not more than 0.75m; and
(c) if the antenna is mounted on the ground—
(i) the height of the antenna is not more than 6m above datum
(ii) if any part of the antenna is within 1.5m of a side boundary
or rear boundary of the block—no part of the antenna is
more than 6m above datum ground level; and
(d) if the antenna is mounted on a building—
(i) no part of the antenna is more than 1.5m above the highest
point of the building; and
(ii) the antenna’s colour matches the colour of the building;
and
Section 1.54
(e) if any part of the antenna is within 1.5m of a side boundary or
(i) the antenna is the only class 10 building or other structure
area) applies to the antenna.
mast antenna means a tower, pole or aerial structure and includes the
support structures for the antenna.
1.54 Flag poles
(1) Designated development for building or installing a flag pole if the
height of the flag pole is not more than 10m above finished ground
level.
Note A flag pole in an existing school campus may also be exempt under
s 1.115 (Schools—flag poles).
flag pole includes a lanyard, flag or other item associated with a flag
pole.
Section 1.55
Subdivision 1.4.2.4 Other structures
1.55 Water tanks
Designated development for a water tank on a block if—
(a) the tank does not have a capacity of more than 20kL; and
(b) if any part of the tank is located between a front boundary and a
building line for the block—the whole tank is buried under
(c) in any other case—the height of the tank is not more than 3m
above datum ground level.
1.56 External ponds
Designated development for an external pond on a block if—
(a) the pond is not for, or used for, swimming, wading or bathing;
and
(b) the maximum depth of water the pond can hold is not more than
300mm; and
(c) no part of the pond is within 1.5m of a side boundary or rear
(d) no part of the pond is located between a front boundary and a
1.57 Animal enclosures
(1) Designated development for an animal enclosure on a block if—
(a) the enclosure’s plan area is not more than 10m2; and
(b) the enclosure’s height is not more than 3m above datum ground
(c) no part of the enclosure is between a front boundary and a
Section 1.58
Note Other laws, including animal welfare laws, may be relevant (see s 1.6).
1.58 Clothes lines
(1) Designated development for a clothes line on a block if—
(a) the clothes line’s height (including any extendable part
extended) is not more than 3m above datum ground level; and
(b) total line length is not more than 60m and the span or cantilever
of any support is not more than 3m; and
(c) no part of the clothes line is between a front boundary and a
Section 1.59
1.59 Shipping containers
(1) Placing a shipping container on a block if the container—
(a) is being used for a temporary, non-habitable purpose; and
1 loading or unloading furniture, equipment or goods transported to or
from the block
2 storage of construction tools or materials being used for development
on the block
Note For temporary buildings or other structures, see s 1.37.
(b) is in good repair and structurally sound; and
(c) is placed, removed and kept on the block in a way that does not
create a risk to the safety of any person or property; and
(d) does not impede access to the block, another block or public
access to a place (including public unleased land); and
(e) is not placed within the boundary clearance area of a side
boundary or rear boundary of the block; and
(f) is removed before the end of the longer of the following periods:
(i) 1 year after the day it is placed on the block;
(ii) if the territory planning authority extends, in writing, the 1-
year period—the period as extended.
(2) The excluded criteria do not apply to the development.
Signs Division 1.4.3
Section 1.60
exemption) does not apply to the development to the extent that the
section would apply to the excluded criteria.
boundary clearance area, for a side boundary or rear boundary of a
block, means the area between the boundary and a line drawn 1.5m
inside the block and parallel to the boundary.
Division 1.4.3 Signs
1.60 Public works signs excluded—div 1.4.3
This division does not apply to putting up, attaching or displaying a
sign that is for public works under section 1.90.
1.61 Signs attached etc to buildings, other structures and land
(1) Putting up, attaching or displaying a sign (whether permanent or
temporary) on land, or to a building or other structure on land, if—
(a) the sign is put up, attached or displayed in such a way that the
sign cannot be removed without—
(i) for a sign attached to or displayed on a building or other
structure—damaging the sign, building or structure or
unfastening the sign; and
(ii) for a sign put up or displayed on the ground—disturbing
the ground; and
Division 1.4.3 Signs
Section 1.62
(b) the sign is of a type mentioned in part 1.6 (Tables of exempt
signs) and is located in a zone for which the letter ‘A’ appears
in the column for the zone in which the building, structure or
land is located; and
(c) the sign complies with a relevant signs development control
declared under section 14 (1) (b).
type, for a sign, means the sign type for the sign in a relevant signs
development control declared under section 14 (1) (b).
Note 1 Fixed signs that encroach into unleased land require a licence under the
Act, pt 10.13.
Note 2 Other laws, including the Public Unleased Land Act 2013, deal with
1.62 Moveable signs on public unleased land
(1) Displaying a moveable sign on public unleased land if—
(a) the sign does not impede public access to a place (including
public unleased land); and
(b) the surface area of any side of the sign is not more than 1.5m2;
and
(c) the vertical distance from the top of any side of the sign to the
bottom of the side is not more than 1.5m.
Note Other laws, including the Public Unleased Land Act 2013, deal with
Signs Division 1.4.3
Section 1.63
moveable sign means a sign that is not fixed to a building or other
1.63 Temporary signs
(1) Putting up, attaching or displaying a sign if—
(a) the sign is of a type mentioned in part 1.6 (Tables of exempt
signs) and is located in a zone for which the letter ‘T’ appears in
the column for the zone in which the building, structure or land
is located; and
(b) the sign complies with a relevant signs development control
declared under section 14 (1) (b); and
(c) the sign is put up, attached or displayed for not more than 2
weeks in any calendar year.
type, for a sign—see section 1.61 (3).
Note 1 Temporary signs that encroach into unleased land require a licence under
the Act, pt 10.13.
Note 2 Other laws, including the Public Unleased Land Act 2013, deal with
1.64 Signs—information about future urban areas
(1) Putting up, attaching or displaying a sign containing information
about a future urban area if—
(a) the information on the sign—
(i) is approved by the Territory; and
Section 1.65
(ii) is not about the marketing or sale of the land; and
(b) neither of the horizontal or vertical dimensions of the sign are
longer than 2m; and
(c) not more than 1 dimension of the sign is longer than 1.5m; and
(d) the height of the sign is not more than 2.5m above finished
ground level.
1.65 Signs—required under Building Act 2004
Putting up, attaching or displaying a sign if—
(a) the sign is required to be put up, attached or displayed under the
Building Act 2004, section 37A (Sign to be displayed for certain
building work) or section 37B (Sign to be displayed for building
work in prescribed development); and
(b) the sign complies with the requirements for the sign under that
Act.
1.70 Application—div 1.4.4
(1) This division applies to a community garden if the garden is
established on—
(a) unleased territory land under a licence granted under the Act,
part 10.13 (Licences for unleased land); or
(b) an existing school campus.
Section 1.71
(2) If this division applies to a community garden, the following
provisions of this schedule do not apply in relation to development in
the community garden:
(a) section 1.41 (Class 10 buildings and other structures—2nd
exempt building or other structure in boundary clearance area);
(b) section 1.42 (Roofed class 10a buildings—enclosed or open on
1 side);
(c) section 1.43 (Roofed class 10a buildings—unenclosed or partly
open);
(d) section 1.44 (Class 10a buildings—unroofed and unenclosed);
(e) section 1.47 (Class 10b structures—plan area not more than
2m2);
(f) section 1.48 (Fences and freestanding walls generally);
(g) section 1.49 (Basic open space boundary fences);
(h) section 1.55 (Water tanks);
(i) section 1.56 (External ponds).
Note The provisions of this schedule that are not mentioned in this section may
apply in relation to development in a community garden.
1.71 Definitions—div 1.4.4
boundary means the boundary of—
(a) the unleased territory land on which a community garden is
established; or
(b) the existing school campus on which a community garden is
established.
Section 1.71
class 10a building means any of the following buildings that are class
10a buildings under the building code:
(a) a shed;
(b) a greenhouse;
(c) a gazebo;
(d) a pergola;
(e) a hail protection structure;
(f) a storeroom or other out-building.
Note Class, for a building or other structure, means the class of building or
structure under the building code (see dict).
class 10b structure means any of the following structures that are
class 10b structures under the building code:
(a) an arbour;
(b) an arch;
(c) a fence;
(d) a freestanding wall;
(e) a garden bed;
(f) a pole.
community garden—
(a) means the use of land for the cultivation of produce primarily
for personal use by the individuals undertaking the gardening;
and
Section 1.72
(b) includes demonstration gardening or other activities to
encourage the involvement of school groups, youth groups or
others in gardening activities.
a garden in a school that is cultivated by students and grows produce for use
in the school canteen
1.72 Community gardens—class 10a building
(1) Designated development for building or installing a class 10a
building in a community garden if—
(a) the height of the building is—
(i) not more than 3m above datum ground level; or
(ii) if no part of the building is higher than a plane projecting
at 30° above horizontal from a height of 3m above datum
ground level at a boundary—not more than 4m above
(b) the plan area of the building is—
(i) if the community garden is less than 600m2—not more than
10m2; or
(ii) if the community garden is 600m2 or more—not more than
50m2; and
(c) the height of the finished floor level of the building that has a
floor is—
(i) if the building is within 1.5m of a boundary—not more
than 0.4m above datum ground level; or
(ii) in any other case—not more than 1m above finished
Section 1.73
(d) the minimum setback between the building and any street
frontage is—
(i) if the plan area of the building is not more than 10m2—6m;
or
(ii) if the plan area of the building is more than 10m2 but not
more than 50m2—15m; and
(e) if any part of the building is within 1.5m of a boundary that does
not align with any street frontage—
(other than a boundary fence) that has any part of it within
1.5m of the boundary; or
(ii) section 1.74 (Community gardens—boundary clearance
1.73 Community gardens—class 10b structures
(1) Designated development for building or installing a garden bed in a
(a) the bed has a plan area of not more than 50m2; and
(b) the bed is not more than 1m high.
(2) Designated development for building or installing a fence in a
(a) the fence is made of mesh; and
(b) the fence is not more than 2.3m high; and
(c) if the fence is a boundary fence—it does not divert or
concentrate the flow of surface water in a way that causes the
water to pond or be diverted onto other land.
Section 1.74
(3) Designated development for building or installing a class 10b
structure (other than a garden bed or fence) in a community garden if
the structure—
(a) has a plan area of not more than 2m2; and
(b) is not wider than 2m; and
(c) is not higher than 1.85m above datum ground level; and
(d) if the structure has a floor—the floor is not more than 0.4m
above datum ground level; and
(e) if any part of the structure is within 1.5m of a boundary—
(i) the structure is the only class 10 building or other structure
(other than a boundary fence) that has any part of it within
1.5m of the boundary; or
(ii) section 1.74 applies to the structure.
(4) Section 1.17 (Criterion 7—compliance with other applicable
1.74 Community gardens—boundary clearance area
(1) Designated development for a class 10 building or other structure
(the 2nd thing) in a boundary clearance area if—
(a) an existing class 10 building or other structure (the 1st thing) is
partly or fully in a boundary clearance area; and
(b) the 2nd thing would be exempt under another section of this
division if the 1st thing were not partly or fully in the boundary
clearance area; and
(c) the 2nd thing is not a boundary fence; and
Section 1.75
(d) the 1st thing and 2nd thing—
(i) are the only class 10 buildings or other structures (other
than a boundary fence) that are partly or fully in the
(ii) have a combined relevant cross-section area above datum
ground level of not more than 30m2.
boundary clearance area means the area between a boundary and a
line drawn 1.5m inside and parallel to the boundary.
class 10 building or other structure does not include a sign installed
on a community garden.
relevant cross-section area, of a building or other structure partly or
fully in a boundary clearance area, means the area of the largest
cross-section of the building or structure at any point in the area when
measured in a plane parallel to the boundary.
1.75 Community gardens—water tanks
(1) Designated development for building or installing a water tank in a
(a) the capacity of the tank is not more than 20kL; and
(b) the height of the tank is not higher than 3m above datum ground
(c) no part of the tank is within 1.5m of a boundary.
Outdoor eating or drinking places Division 1.4.5
Section 1.76
1.76 Community gardens—ponds
(1) Designated development for building or installing an external pond
in a community garden if—
(a) the pond is not for, or used for, swimming, wading or bathing;
and
(b) the maximum depth of water the pond can hold is not more than
300mm; and
(c) no part of the pond is within 1.5m of a boundary.
1.77 Community gardens—shade structures
(1) Designated development for building or installing a shade structure
on or under the land) in a community garden if—
(a) the height of the shade structure is not more than 4m above
(b) the plan area of the shade structure is not more than 50m2; and
(c) the shade structure is unenclosed on at least 2 sides.
Division 1.4.5 Outdoor eating or drinking places
1.80 Application—div 1.4.5
This division applies to an outdoor eating or drinking place if it is
established on—
(a) unleased territory land under a licence granted under the Act,
part 10.13 (Licences for unleased land); or
Division 1.4.5 Outdoor eating or drinking places
Section 1.81
(b) public unleased land for which a permit has been issued under
the Public Unleased Land Act 2013.
1.81 Meaning of outdoor eating or drinking place—div 1.4.5
outdoor eating or drinking place—see the Smoke-Free Public Places
Act 2003, section 9A.
1.82 Outdoor eating or drinking places—removable objects
(1) Designated development for building or installing an object in an
outdoor eating or drinking place if the object (a removable object)
can, within 48 hours and with or without limited mechanical
assistance, be removed from the outdoor eating or drinking place to
return that place to the condition it was in immediately before the
object was installed.
Examples—removable objects
• awnings
• glass screens
• portable barriers
• serving stations
• umbrellas attached to the ground
limited mechanical assistance includes the use of a crowbar, pallet
jack or trolley, but does not include the use of an excavator, forklift
or jackhammer.
removable object includes any of the following:
(a) an object attached to the ground, a building or other structure;
Rural leases Division 1.4.6
Section 1.85
(b) a socket, sleeve, bracket or similar device that attaches an object
to the ground, a building or other structure;
(c) an object that, though not attached, remains in place when the
outdoor eating or drinking place is not in use.
Division 1.4.6 Rural leases
1.85 Rural lease development generally
(1) Designated development on a rural lease if—
(a) if the development is the building or alteration of a building or
other structure—the development has a plan area of not more
than 216m2; and
(b) the development does not result in the clearing of more than
0.5ha of native vegetation in a native vegetation area; and
(c) the development is not contrary to a land management
agreement; and
(d) the development does not require any of the following:
(i) a licence under the Water Resources Act 2007;
(ii) an environmental authorisation or environmental
protection agreement under the Environment Protection
Act 1997;
(iii) an approval under the EPBC Act.
Note 1 Under the Water Resources Act 2007 a licence may be required to
do development work for water, including work on a water bore,
increasing the quantity of ground water or taking water from a
waterway.
Note 2 Under the Environment Protection Act 1997 an environmental
authorisation or environmental protection agreement may be
required to do certain development work, including work causing
pollution.
Section 1.86
Note 3 Under the EPBC Act, an approval may be required to take certain
action, including an action that has a significant impact on a
species.
1.86 Consolidation of rural leases
The consolidation of rural leases.
Note For restrictions on the consolidation of rural leases, see the Act, div 10.8.2
and the Planning (General) Regulation 2023, pt 13.
1.90 Public works
(1) Designated development for public works carried out by or for the
Territory if—
(a) 1 of the following applies to the development:
(i) an authorisation has been granted under the Environment
Protection Act 1997, section 49 in relation to the
development;
(ii) the environment protection authority has entered into an
environmental protection agreement under the
Environment Protection Act 1997, section 38 in relation to
the activity with the person who is conducting, or
proposing to conduct, the activity;
(iii) the development does not require an environmental
authorisation or environmental protection agreement under
the Environment Protection Act 1997; and
Section 1.90
(b) if the development is for minor public works carried out in a
reserve—the development is carried out in accordance with a
minor public works code approved by the conservator of flora
and fauna under the Nature Conservation Act 2014,
section 318A.
ancillary sporting structure—
(a) means a structure that is designed, or can be used, in relation to
playing organised sport; but
(b) does not include a grandstand.
Examples—par (a)
goal posts, sight screens, fencing
bicycle parking facility means a structure built for parking a bicycle
with a height of not more than 2.4m.
kiosk means a structure in an open space that is used to provide food
or drinks to people using the open space mainly for another purpose.
landscaping means work that affects the landscape of land if the work
does not involve any of the following:
(a) clearing more than 0.5ha of native vegetation in a native
vegetation area;
(b) clearing a tract of a forest or arboretum.
minor public works—see the Planning (General) Regulation 2023,
minor public works code—see the Nature Conservation Act 2014,
section 318A.
Section 1.90
playing field means an open space that is designed, or can be used,
for playing or practising organised sport.
tennis court, football oval, athletics track, basketball court, cricket oval, cricket
practice nets
public amenities means toilets, showers and change rooms that are
available for public use.
public works means—
(a) installation or maintenance of street and park furniture; or
(b) maintenance of a road or car park; or
(c) construction or maintenance of a footpath, bicycle path, bicycle
parking facility, walking track or other pedestrian area; or
Examples—construction or maintenance of other pedestrian area
tree planting and repaving, reconstruction of kerbs and gutters
(d) maintenance of stormwater drainage or a flood mitigation
stormwater canals and drains, floodways, flood gates, bank protection, earth
levees, reservoirs, detention basins
(e) maintenance of a water quality treatment device; or
litter traps, bioretention systems, wetlands, wetponds, pollutant traps, swales,
buffer strips, infiltration trenches
(f) installation or maintenance of an ancillary sporting structure on
or beside a playing field; or
(g) maintenance of a playing field; or
Example
resurfacing oval with artificial grass
Section 1.91
(h) bushland regeneration, landscaping, gardening, tree planting,
tree maintenance, tree removal or fire fuel reduction,
construction or maintenance of a fire trail; or
(i) construction, installation or maintenance of a water tank; or
(j) installation or maintenance of a temporary structure for an
event; or
(k) installation or maintenance of public amenities; or
(l) installation or maintenance of a kiosk.
Example—par (l)
marquee, portable toilet, stage, tent, television screen, scaffolding
reserve—see the Nature Conservation Act 2014, section 169.
street and park furniture means the conventional equipment of urban
streets and parks.
1 a seat, bench, table, rubbish bin, recycling bin, barbecue, playground
equipment, gazebo, bridge, staircase, boardwalk, rotunda, stage, shade sail,
water fountain, bus shelter
2 a bollard, planter box, street tree guard and root cover, guard rail, portico,
awning, canopy, flagpole, pergola
3 a parking meter, parking ticket machine, street sign, parking control sign,
traffic control device, telephone booth, streetlight, playing field light, variable
messaging sign
1.91 Public artworks
(1) Designated development for the installation of a public artwork if—
(a) the development is funded completely or partly by the Territory;
and
(b) the public artwork will be located on territory land or land
occupied by the Territory; and
Section 1.91
(c) the director-general of the administrative unit responsible for
municipal services has agreed, in writing, to the location of the
public artwork; and
(d) the public artwork has a height of not more than—
(i) for an artwork located adjacent to an arterial road or
proposed arterial road—12m above finished ground level;
or
(ii) in any other case—6m above finished ground level; and
(e) the development does not require an environmental
authorisation or environmental protection agreement under the
Environment Protection Act 1997; and
(f) the public artwork is not a habitable structure.
arterial road means a road with a speed limit of at least 80km/h.
limited access road, parkway, freeway
public artwork means an artwork to be displayed in a place open to
and accessible by the public.
sculpture, statue, structure, painting
Section 1.92
1.92 Plantation forestry
(1) The planting or harvesting of plantation trees by or for the Territory
in a plantation forestry area.
plantation forestry area means an area identified in the territory plan
as an area where plantation forestry is permitted subject to
development assessment.
plantation tree—
(a) means a tree cultivated to produce a harvest; and
(b) includes a tree naturally generated by a plantation tree.
1.93 Waterway protection work
(1) Designated development carried out by or for the Territory for the
protection of waterways if—
(a) the director-general of the administrative unit responsible for
municipal services has agreed, in writing, to the work; and
(b) the work does not result in the clearing of more than 0.5ha of
native vegetation in a native vegetation area; and
(c) the work is not contrary to a land management agreement; and
(d) the work does not require any of the following:
(i) a licence under the Water Resources Act 2007;
(ii) an environmental authorisation or environmental
protection agreement under the Environment Protection
Act 1997;
Section 1.94
(iii) an approval under the EPBC Act.
Note 1 Under the Water Resources Act 2007 a licence may be required to
do development work for water, including work on a water bore,
increasing the quantity of ground water or taking water from a
waterway.
Note 2 Under the Environment Protection Act 1997 an environmental
authorisation or environmental protection agreement may be
required to do certain development work, including work causing
pollution.
Note 3 Under the EPBC Act, an approval may be required to take certain
action, including an action that has a significant impact on a
species.
waterway—see the Water Resources Act 2007, section 10.
1.94 Emergencies affecting public health or safety or property
(1) Development carried out by or for the Territory if the development is
carried out because of an emergency to protect—
(a) public health or safety; or
(b) property.
emergency—see the Emergencies Act 2004, dictionary.
1.95 Temporary flood mitigation measures
Designated development carried out by or for the Territory if the
development is carried out for temporary flood mitigation.
Section 1.100
Subdivision 1.4.8.1 Preliminary
1.100 Application—div 1.4.8
This division applies to development or other activity only if it is on
an existing school campus.
Note Existing school campus—see s 1.1.
1.101 Definitions—div 1.4.8
existing ground level, in relation to an area, means—
(a) for a school constructed on or before 24 March 2009—the
ground level of the area on 24 March 2009; or
(b) for a school constructed after 24 March 2009 with development
approval—the ground level of the area at the time the approval
is given.
existing school—see section 1.102.
playing field means an open space that is designed, or can be used,
for playing or practising organised sport.
tennis court, football oval, athletics track, basketball court, cricket oval, cricket
practice nets
young child—see the Children and Young People Act 2008,
section 733 (3).
Section 1.102
1.102 Meaning of existing school—div 1.4.8
(1) In this division:
existing school means—
(a) 1 of the following constructed on or before 24 March 2009 or
with development approval:
(i) a government school within the meaning of the Education
Act 2004;
(ii) a non-government school within the meaning of the
Education Act 2004;
(iii) a childcare centre or education and care service premises
primarily for the education of young children; or
Examples—education of young children
preschool, early learning centre
(b) land that—
(i) either—
(A) has been a type of school mentioned in
paragraph (a) (i) to (iii) constructed on or before