24 March 2009 or with development approval; or
(B) is adjacent to something mentioned in paragraph (a);
and
(ii) is being developed or redeveloped to be, or be part of, a
type of school mentioned in paragraph (a) (i) to (iii); and
(iii) is declared by the Minister to be an existing school.
Examples—land
1 land adjacent to a primary school that is being developed as part of a staged
expansion of the school
2 a site that was a high school but is not currently operating while being
redeveloped as a school
Section 1.103
(2) A declaration for subsection (1) (b) (iii) is a notifiable instrument.
childcare centre means a childcare centre licensed under the Children
and Young People Act 2008, section 747.
Note A childcare centre is a childcare service (see Children and Young People
Act 2008, s 732).
education and care service premises means education and care
service premises under the Education and Care Services National
Law (ACT) (other than in relation to a family day care service).
Note The Education and Care Services National Law (ACT) Act 2011, s 6
applies the Education and Care Services National Law set out in the
Education and Care Services National Law Act 2010 (Vic), schedule as
if it were an ACT law called the Education and Care Services National
Law (ACT).
1.103 Disapplication of criterion 7—div 1.4.8
Unless otherwise stated in a provision, section 1.17 (Criterion 7—
compliance with other applicable exemption) does not apply to
development to which this division applies.
Note Development must comply with the general exemption criteria, except
any criterion that is expressly disapplied for a provision (see s 1.10).
1.104 Additional exemption criterion—bushfire prone areas
(1) If any of the following development is in a bushfire prone area, the
development must have written agreement from the emergency
services commissioner under the strategic bushfire management plan:
(a) section 1.106 (Schools—new buildings or alterations to
buildings);
(b) section 1.107 (Schools—entrances);
(c) section 1.108 (Schools—verandahs etc);
(d) section 1.113 (Schools—shade structures);
Section 1.105
(e) section 1.114 (Schools—covered external walkways);
(f) section 1.117 (Schools—landscape gardening);
(g) section 1.120 (Schools—toilet and change room facilities);
(h) section 1.124 (Schools—demountable and transportable
buildings).
bushfire prone area means an area described in the strategic bushfire
management plan as an area that is at high risk of being impacted by
bushfires.
strategic bushfire management plan—see the Emergencies
Act 2004, dictionary.
1.105 Activities not development
An activity mentioned in this division that is not development is not
taken to be development only because it is exempt under this division.
Subdivision 1.4.8.2 Exemptions—schools
1.106 Schools—new buildings or alterations to buildings
Designated development for building a new building or altering or
demolishing an existing building (and carrying out any related
earthworks or other construction work on or under the land) if—
(a) the building is any of the following:
(i) a class 3 building;
(ii) a class 5 building that is ancillary to, and supports the
functions of, an existing school;
Section 1.107
(iii) a class 9b building; and
Example—class 3 building
dormitory
Example—class 5 building
office
Examples—class 9b building
hall, auditorium, gymnasium, library, classroom, environment learning
centre
Note Class, for a building or other structure, means the class of building
or structure under the building code (see dict).
(b) the building is not within 6m of the boundary of a block in a
(i) if the building is within 30m of the boundary of a block in
(ii) in any other case—12m above existing ground level.
1.107 Schools—entrances
(1) Designated development for building or installing a school entrance
on or under the land) if—
(a) the entrance—
(i) does not have a roof; or
(ii) is not enclosed on all sides; and
(b) the height of the entrance is not more than 6m above existing
ground level.
Section 1.108
school entrance—
(a) means a public entrance to the school whether freestanding or
part of a building; and
(b) includes any associated structure.
Examples—associated structures
portico, awning, canopy, landing, access ramp
1.108 Schools—verandahs etc
(1) Designated development for building or installing a verandah (and
(a) the height of the verandah is not more than—
(i) if the verandah is within 30m of the boundary of a block in
(ii) in any other case—12m above existing ground level; and
(b) the verandah is not within 6m of the boundary of a block in a
(c) the verandah is unenclosed on at least 1 side.
Note An external verandah may also be exempt under s 1.46.
verandah includes a balcony, awning, portico or landing.
1.109 Schools—signs
(1) Putting up, attaching or displaying a sign or altering or removing a
sign if—
(a) the sign displays, or is intended to display, only school
information; and
Section 1.110
(b) the height of the sign is not more than 3.6m above existing
(c) the sign is not both illuminated and animated.
Example—both illuminated and animated
flashing neon
Note A sign may also be exempt under div 1.4.3.
school information includes any of the following:
(a) the name of the school;
(b) the school motto;
(c) information about the school’s facilities;
(d) directional information;
(e) information about upcoming events for the school;
(f) information about the school’s achievements;
(g) information about the source of funding for works carried out at
the school;
(h) information about future development or works at the school;
(i) information about new facilities or services at the school.
1.110 Schools—artwork on buildings or other structures
Designated development for altering the exterior of a building or
other structure by painting, marking or otherwise affixing an artwork
on the building or other structure, if the artwork—
(a) does not project more than 30mm from a wall or other surface;
and
(b) does not include material that discriminates against or vilifies
any person or group; and
Section 1.111
(c) does not include material that is offensive or sexually explicit;
and
(d) does not include advertising material; and
(e) is not a sign; and
Note A sign may be exempt under s 1.109.
(f) is not illuminated or animated; and
(g) does not incorporate a moving or changing display or message;
and
(h) does not use reflective paint or other reflective material; and
(i) is not more than 12m in height.
Example—artwork on a building or other structure
mural painted on the external wall of a building
1.111 Schools—playground and exercise equipment
(1) Designated development for building or installing playground and
exercise equipment (and carrying out any related earthworks or other
construction work on or under the land).
playground and exercise equipment includes swings, monkey bars,
slippery dips, cubby houses, ropes and nets.
1.112 Schools—fences
(1) Designated development for building or installing a fence (and
(a) the height of the fence is not more than—
(i) if the fence is around, or partly around, a playing field—
4m above existing ground level; or
Section 1.113
(ii) in any other case—2.4m above existing ground level; and
(b) no vertical component of the fence is spiked.
fence includes—
(a) a fence around the boundary, or part of the boundary, of an
existing school campus; and
(b) a fence within an existing school campus, including a fence—
(i) around, or partly around, a playground or playing field; or
(ii) between buildings; and
(c) a gate that forms part of, or functions as, a fence.
1.113 Schools—shade structures
Designated development for building or installing a shade structure
on or under the land) if—
(a) the shade structure is unenclosed on at least 2 sides; and
(b) 1 of the following applies to the shade structure:
(i) if the shade structure is more than 30m from the boundary
of a block in a residential zone—the shade structure has a
height of not more than 12m above existing ground level;
(ii) if any part of the shade structure is more than 6m but not
more than 30m from the boundary of a block in a
residential zone—the shade structure has—
(A) a height of not more than 10m above existing ground
(B) a plan area of not more than 700m2;
Section 1.114
(iii) if any part of the shade structure is within 6m from the
boundary of a block in a residential zone—the shade
structure has—
(A) a height of not more than 10m above existing ground
(B) a plan area of not more than 200m2.
1.114 Schools—covered external walkways
Designated development for building or installing a covered external
walkway (and carrying out any related earthworks or other
construction work on or under the land) if—
(a) the height of the walkway is not more than—
(i) if the walkway is within 30m of the boundary of a block in
(ii) in any other case—12m above existing ground level; and
(b) the walkway is unenclosed on at least 1 side.
1.115 Schools—flag poles
(1) Designated development for building or installing a flag pole (and
under the land) if the height of the flag pole is not more than 10m
above existing ground level.
flag pole includes a lanyard, flag or other item associated with a flag
pole.
Section 1.116
1.116 Schools—water tanks
Designated development for building or installing a water tank (and
under the land) if the water tank has a diameter of not more than 8m.
Note A water tank may also be exempt under s 1.55.
1.117 Schools—landscape gardening
(1) Designated development for landscape gardening (other than the
construction of a retaining wall), and carrying out any related
earthworks or other construction work on or under the land, if—
(a) the landscape gardening is defined landscaping; and
(b) if the landscape gardening affects an existing public pedestrian
access way, footpath or bicycle path—the landscape gardening
maintains existing public access to the access way, footpath or
bicycle path.
Note 1 For retaining walls generally, see s 1.50. (Other provisions, eg external
decks (see s 1.45) and swimming pools (see s 1.51) may be relevant.)
Note 2 Work by the Territory that affects the landscape of land may also be
exempt under s 1.90.
(2) For subsection (1) (b), section 1.11 (Criterion 1—easement and other
access clearances) does not apply to the landscape gardening unless
the landscape gardening involves the construction or installation of a
defined landscaping means landscaping in relation to 1 or more of
the following:
(a) a footpath;
(b) a landing;
(c) artificial grass;
Section 1.118
(d) any other landscape structure (other than a retaining wall), or
earthworks, if the vertical distance from the top of the structure
or earthworks to existing ground level is not more than—
(i) if the top of the structure or earthworks is above existing
ground level—0.4m; or
(ii) if the top of the structure or earthworks is below finished
ground level—1.2m.
1.118 Schools—car parks
Designated development for building or installing a car park (and
(a) the vertical distance from the top of the car park to existing
ground level is not more than—
(i) if the top of the car park is above existing ground level—
2m; or
(ii) if the top of the car park is below finished ground level—
2m; and
(b) the car park does not reduce the area of a playing field.
1.119 Schools—bicycle enclosures
Designated development for building or installing a bicycle enclosure
on or under the land).
1.120 Schools—toilet and change room facilities
Designated development for building or installing a toilet facility or
change room facility (and carrying out any related earthworks or
other construction work on or under the land) if the facility is not
within 6m of the boundary of a block in a residential zone.
Section 1.121
1.121 Schools—driveways
Designated development for sealing or resealing a driveway (and
under the land) 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.
1.122 Schools—security cameras
Installing a security camera.
1.123 Schools—external lighting
Installing external lighting, including security lighting and flood
lighting (other than flood lighting for a playing field).
1.124 Schools—demountable and transportable buildings
Designated development for building or installing a demountable or
transportable building (and carrying out any related earthworks or
other construction work on or under the land) if the building is not
within 6m of the boundary of a block in a residential zone.
1.125 Schools—class 10b structures
Designated development for building or installing a class 10b
structure (and carrying out any related earthworks or other
construction work on or under the land) if—
(a) the structure is not within 6m of the boundary of a block in a
Section 1.130
(b) the development is not otherwise exempt under this division.
Examples—class 10b structures
retaining or freestanding wall, mast or antenna, swimming pool
Note 1 A class 10b structure may also be exempt under sdiv 1.4.2.3.
Note 2 A school fence may be exempt under s 1.112.
1.130 Compliant single dwellings
(1) Building a single dwelling (the dwelling) or altering a single dwelling
(the alteration) on a block in a residential zone if—
(a) the dwelling will be the only dwelling on the block; and
(b) if the block is a preliminary block—the dwelling is built by the
lessee of the holding lease; and
(c) the dwelling or alteration, as built, complies with a relevant
residential zones—single dwelling housing development
control; and
(d) section 1.18 (Information about certain development proposals)
has been complied with in relation to building or altering the
dwelling.
Note Other territory laws, including the Heritage Act 2004, must be complied
with (see s 1.6 and s 1.13).
(2) For subsection (1) (b), a dwelling is taken to be built by the lessee
even if some or all of the building work is done by an employee or
contractor of the lessee.
exemption) does not apply to building or altering a single dwelling
under this section.
block includes a preliminary block.
holding lease—see the Districts Act 2002, section 7 (7).
preliminary block—land is taken to be a preliminary block if—
(a) the land is part of a holding lease; and
(b) a subdivision design application has been approved in relation
to the lease; and
Note A subdivision design application must identify the boundaries of
the subdivision and individual blocks within the subdivision
(see Act, s 43 (1) (b) (i)).
(c) the application identifies the land as a block; and
(d) information about the boundaries of, and the distinguishing
name or number for, the land is recorded in the database
maintained by the territory planning authority under the
Districts Act 2002, section 17 (Digital cadastral database); and
(e) the land is not otherwise a block under the Districts Act 2002.
Note Subdivision design application—see the Act, s 43 (1).
single dwelling does not include a dwelling that has a party wall.
1.131 Single dwellings where declaration authorises minor
non-compliance
(1) Building a single dwelling (the dwelling) or altering a single dwelling
(the alteration) on a block if—
(a) the building of the dwelling or alteration would be exempt under
section 1.130 (Compliant single dwellings), apart from the
encroachment of the dwelling or alteration in 1 or more of the
following ways:
(i) beyond the front, side or rear setback required under a
defined provision;
(ii) beyond the building envelope that applies, under a defined
provision, to the block where the dwelling or alteration is
being built;
(iii) beyond any relevant solar building envelope that applies to
the block where the dwelling or alteration is being built;
(iv) into the minimum private open space required under a
defined provision; and
(b) for an encroachment under paragraph (a) (iii)—the
encroachment would not cause shadowing to any habitable room
or principal private open space of another block; and
(c) section 1.18 (Information about certain development proposals)
has been complied with in relation to the building or altering of
the dwelling; and
(d) the territory planning authority declares (an exemption
declaration) that the dwelling or alteration continues to be
exempt development despite not complying with a defined
provision identified in the declaration; and
Note An exemption declaration must not authorise anything that is
inconsistent with the territory plan (see Act, s 52).
(e) a period of 3 years (or any further period allowed, in writing, by
the territory planning authority) has not elapsed since the
making of the exemption declaration.
(2) An exemption declaration must state the distance of any
encroachment by the dwelling or alteration that would otherwise be
non-compliant with a defined provision identified in the declaration.
(3) Not later than 10 working days after a person applies to the territory
planning authority for an exemption declaration, the authority must—
(a) make the declaration; or
(b) refuse to make the declaration.
Note The requirement to make a decision under this subsection does not lapse
if the 10-day time limit is not met (see Legislation Act, s 152).
(4) However, the territory planning authority must not make an
exemption declaration in relation to a non-compliant dwelling or
alteration unless satisfied that—
(a) the non-compliance is minor; and
(b) the proponent has given the authority information showing that
section 1.18 (Information about certain development proposals)
has been complied with in relation to the building or altering of
the dwelling; and
(c) building or altering the dwelling other than in accordance with
a defined provision—
(i) will not adversely affect someone other than the proponent;
and
(ii) will not increase the environmental impact of the dwelling
or alteration more than minimally.
adversely affect someone does not include having an impact on a
view the person has from a block.
defined provision means any quantitative requirement applicable
under a relevant residential zones—single dwelling housing
development control.
Section 1.132
1.132 Single dwellings—demolition
(1) The demolition of a single dwelling, or part of a single dwelling.
(2) However, if section 1.18 (Information about certain development
proposals) applies in relation to the demolition, that section must be
complied with in relation to the demolition.
exemption) does not apply to a demolition under this section.
Note Other territory laws, including the Building Act 2004, must be complied
with (see s 1.6).
single dwelling does not include a dwelling that has a party wall.
1.133 Buildings and other structures—demolition
(1) The demolition of a building or other structure, or part of a building
or other structure, if—
(a) if the building or other structure is on a block in a residential
zone—the building or structure is a class 10 building or other
(b) if the building or other structure is on a block in a commercial
zone—
(i) a precondition mentioned in the Building Act 2004,
section 61 (i) (ii), (iv), (vi) or (vii) (Preconditions for s 62
notice) exists in relation to building work involving the
building or structure; and
(ii) the construction occupations registrar has given the owner
of the block a notice under that Act, section 62 (Notice to
carry out building work) directing the owner to demolish
the building or structure, or part of the building or
(c) in any other case—were the building or other structure, or the
part of the building or other structure, to be built, the building or
structure would be exempt development.
Note Other territory laws, including the Building Act 2004 and Heritage
Act 2004, must be complied with (see s 1.6 and s 1.13).
exemption) does not apply to a demolition under this section.
building does not include a single dwelling.
1.134 Rebuilding damaged buildings and other structures
(1) Designated development to rebuild a damaged building or other
structure if—
(a) the development has been previously approved, whether or not
any development in accordance with the approval has ever been
carried out; and
(b) the development complies with section 1.16 (Criterion 6—
affected residential premises); and
(c) the development would not result in any of the following:
(i) the height of any new or altered building or other structure
being more than the previously approved height of the
damaged building or other structure, both of which are
measured from datum ground level;
(ii) the gross floor area of any new or altered building or other
structure being more than—
(A) 15% greater than the previously approved gross floor
area of the damaged building or structure; or
(B) the relevant gross floor area permitted under a defined
provision;
(iii) any new or altered building or other structure being used
for more dwellings than were previously approved;
(iv) a setback for any new or altered building or other structure
not complying with the lesser of the following:
(A) a relevant setback under a defined provision;
(B) any setback that was previously approved for the
building or structure that is replaced or altered; and
(d) before the development starts, the lessee gives the following to
the territory planning authority:
(i) written notice of when the development will start;
(ii) a plan of the development;
(iii) a written statement by a certifier that the development
shown on the plan will not result in any of the matters
mentioned in paragraph (c); and
(e) at the completion of the development, a certifier gives the
territory planning authority a written statement that the
development as constructed is in accordance with the plan given
to the territory planning authority under paragraph (d).
(3) This section does not apply to designated development to rebuild a
damaged building or other structure in—
(a) one of the following zones identified in the territory plan:
(i) IZ1 General Industrial Zone;
(ii) IZ2 Mixed Use Industrial Zone; or
(b) the area outlined in bold in plan 1.134.
Plan 1.134
certifier means a certifier, for building work, within the meaning of
the Building Act 2004.
damage, in relation to a building or other structure, means damage
caused by an act or event, other than an act done by the lessee of the
land with the intention of causing the damage.
Examples—act or event causing damage
natural disaster, electrical fire, vandalism
defined provision means any quantitative requirement applicable
under—
(a) a relevant provision in any relevant district policy that would
apply if the new or altered building or other structure were not
exempt; and
(b) a relevant residential zones—single dwelling housing
development control.
lessee, of land before the act or event that damaged the building or
other structure—
(a) means for land under a land sublease—the sublessee; and
(b) includes a person who, before the act or event, had entered into
an agreement with the lessee of the land giving the person a right
to the transfer of the lease but to whom no transfer had been
registered under the Land Titles Act 1925 in accordance with the
agreement.
plan, of development, means—
(a) a plan that complies with AS 1100 (Technical drawing –
Structural engineering drawing) as in force from time to time; or
Note AS 1100 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.
(b) unless the building or other structure will differ from the
previously approved development—the plan for the previously
approved development.
previously approved—development has been previously approved if
the development was approved under any of the following:
(a) the Buildings (Design and Siting) Act 1964 (repealed);
(b) the Land (Planning and Environment) Act 1991 (repealed);
(c) the Planning and Development Act 2007 (repealed);
(d) the Act, unless, immediately before the act or event that
damaged the building or other structure—
(i) the period for applying to the ACAT for review of the
decision to approve the development had not ended; or
Section 1.135
(ii) if an application to the ACAT for a review of the decision
had been made—the application had not been finally
disposed of by the ACAT.
1.135 Affected residential premises—work essential for health,
safety or reasonable living conditions
Designated development involving affected residential premises if
the development is for work mentioned in section 1.16 (1) (b).
1.136 Home businesses conducted from residential leases
(1) The conduct of a home business from a residential lease if—
(a) not more than 2 people work on the lease at any time; and
(b) anyone who works on the lease in the business genuinely lives
on the lease; and
(c) all goods and materials relating to the business (other than goods
or materials kept on another lease) must be kept—
(i) in buildings or other structures that are lawfully on the
lease; and
(ii) in a way that the goods and materials cannot be seen from
outside the lease; and
Examples—building or other structure lawfully on lease—par (c) (i)
1 the building or other structure is exempt development under the Act, is
exempt from the Building Act 2004, or has been certified under that Act,
s 48 and has development approval under the Act
2 an ex-government house that did not require building approval for its
construction
Section 1.137
Example—building not lawfully on lease—par (c) (i)
A shed, when constructed, is exempt from the Building Act 2004 and is
exempt development under the Act. It is therefore lawfully on the lease.
However, the shed is subsequentially altered in a way that makes it not
exempt under 1 of the Acts. The shed is then not lawfully on the lease.
(d) the area of the lease used for the business (including storage) is
not more than 40m2; and
(e) any vehicles at the lease for the purposes of the business are
parked—
(i) on the lease in a driveway, garage, carport or location
screened from any part of the road on which the lease is
located; or
(ii) if the business is operated from a unit under the Unit Titles
Act 2001—in parking for the unit; and
(f) the conduct of the business complies with the Environment
Protection Act 1997; and
(g) averaged over a period of 7 days, the conduct of the business
does not generate more than 5 vehicle arrivals each day at the
lease; and
(h) any sign relating to the business is exempt from requiring
development approval under this schedule, division 1.4.3
(Signs).
home business, in relation to a residential lease of land—see the Act,
section 276 (3).
1.137 Tree damaging etc activity
(1) Designated development if the development—
(a) is an activity that would or may—
(i) damage a protected tree; or
Section 1.138
(ii) be prohibited groundwork in—
(A) the protection zone for a protected tree; or
(B) a declared site; and
(b) the activity is authorised by, and carried out in accordance with
any conditions of, an approval under the Urban Forest
Act 2023—
(i) section 28 (Approval application—decision); or
(ii) section 32 (Approval in urgent circumstances or for minor
works).
damage a protected tree—see the Urban Forest Act 2023, section 14.
Note Damage includes killing, destroying, felling or removing all or part of a
protected tree (see Urban Forest Act 2023, s 14).
prohibited groundwork—see the Urban Forest Act 2023, section 15.
Note Prohibited groundwork includes contaminating, compacting or
excavating soil in a protected tree’s protection zone or damaging the
protected tree’s root system (see Urban Forest Act 2023, s 15).
protection zone, for a protected tree—see the Urban Forest Act 2023,
section 13.
1.138 Landscape gardening
(1) Landscape gardening (other than the construction of a retaining wall)
that affects the landscape of land if—
(a) the landscape gardening is—
(i) on land described in a residential lease; or
(ii) prescribed landscaping (whether or not the land is land
described in a residential lease); and
Section 1.138
(b) if the landscape gardening is subject to a condition in a
development approval in relation to the land—the condition has
been complied with; and
(c) if the landscape gardening affects an existing public pedestrian
access way, footpath or bicycle path—the landscape gardening
maintains the existing public access to the access way, footpath
or bicycle path.
Note 1 For retaining walls generally, see s 1.50. (Other provisions, eg external
decks (see s 1.45) and swimming pools (see s 1.51) may be relevant.)
Note 2 If unleased land is affected by the landscape gardening, a licence under
the Act or a public unleased land permit under the Public Unleased Land
Act 2013 may be required.
(2) Section 1.11 (Criterion 1—easement and other access clearances)
does not apply to development to which this section applies if the
landscape gardening does not involve building or installing a
prescribed landscaping means landscaping in relation to any of the
(a) a footpath;
(b) a landing;
(c) any other landscape structure (other than a retaining wall), or
earthworks, if the vertical distance from the top of the structure
or earthworks to datum ground level is not more than—
(i) if the top of the structure or earthworks is above datum
ground level—0.4m; or
(ii) if the top of the structure or earthworks is below finished
ground level—1.2m.
1.139 Utility and telecommunications services
(1) Designated development if—
(a) the development involves—
(i) installing a connection (other than a connection mentioned
in subparagraph (ii) (A)) of not more than 100m between a
consumer’s premises and a network facility for a utility
service or telecommunications service; or
(ii) if the development is carried out by Evoenergy in relation
to an electricity network or gas network—any of the
(A) installing a connection of not more than 500m
between a consumer’s premises and a network
facility;
(B) installing a connection of not more than 500m
between network facilities;
(C) for an electricity network—building or installing
network facilities to increase the capacity of the
network to not more than 8MVA;
(D) for a gas network—building or installing network
facilities to increase the capacity of the network to not
more than 210kPa; or
(iii) installing a utility service or telecommunications service in
accordance with an approved subdivision design
application; or
Note Subdivision design application—see the Act, s 43 (1).
(iv) maintenance carried out only to maintain a utility service
or telecommunications service; and
Examples—maintenance
1 replacing pipes with pipes that are the same or substantially the
same
2 digging trenches needed to replace pipes, electrical conduits or
cables
3 replacing aerial lines with new aerial lines
(b) the lessee or custodian of the land on which the development is
carried out has agreed, in writing, to the development; and
(c) the development does not result in the clearing of more than
0.5ha of native vegetation in a native vegetation area.
(2) Designated development (other than development in relation to
building or installing network facilities mentioned in
subsection (1) (a) (ii) (C) or (D)) if—
(a) the development involves any of the following:
(i) building or installing minor utility service or
telecommunications service infrastructure if the
infrastructure has—
(A) a plan area of not more than 15m2; and
(B) a height of not more than 3m above datum ground
level;
Examples—minor infrastructure
substation, electrical or telecommunications cabinet, survey platform,
concrete pad
(ii) building or installing a fence around, or partly around,
utility service or telecommunications service infrastructure
if—
(A) the height of the fence is not more than 3m above
(B) no part of the fence or wall diverts or concentrates the
flow of surface water in a way that causes the water
to pond or be diverted onto other land;
(iii) building or installing a vent stack if—
(A) the height of the stack is not more than 6m above
(B) the stack is not within 50m of the boundary of a block
in a residential zone;
(iv) installing a security camera, security lighting or other
security infrastructure or fixings on, or within 25m of,
existing utility service or telecommunications service
buildings or other structures;
Examples—other security infrastructure or fixings
barbed wire, razor wire, security bars on windows, security alarm
system
Note Other laws, including the Environment Protection Act 1997,
apply in relation to the emission of electromagnetic
radiation, including light.
(v) modifying existing minor utility service or
telecommunications service infrastructure, or an existing
utility service or telecommunications service building, if
the modification does not increase the existing dimensions
of the infrastructure or building by 20% or more;
Examples—modifications
1 roof replacement with minor modification to angles
2 stairwell cover marginally increased to allow for safety standards
(vi) installing a temporary building or other structure on land
leased by a utility service or telecommunications service
entity if—
(A) the height of the building or structure is not more than
5m above datum ground level; and
(B) the building or structure is removed from the land
within 3 years after the building or structure is
installed;
Examples—temporary buildings or other structures
construction site shed, temporary water tank
(vii) demolishing minor utility service or telecommunications
service infrastructure; and
(b) the lessee or custodian of the land on which the development is
carried out has agreed, in writing, to the development; and
(c) the development does not result in the clearing of more than
0.5ha of native vegetation in a native vegetation area; and
(d) at least 7 days before the development starts, the proponent
gives written notice to the occupier of each block in a residential
zone within 100m of the development.
Note Written notice is also required to be given to land-holders before
any network operations begin (see Utilities Act 2000, div 7.3 and
sdiv 14.2.2).
(3) Designated development if the development involves carrying out
any earthworks or other construction work on or under the
land in relation to designated development mentioned in
subsection (1) or (2).
(4) Section 1.17 (Criterion 7—compliance with other applicable
electricity network means either of the following under the Utilities
Act 2000, section 7:
(a) an electricity transmission network;
(b) an electricity distribution network.
Section 1.140
Evoenergy means Icon Distribution Investments Limited ACN 073
025 224 and Jemena Networks (ACT) Pty Ltd ACN 008 552 663
working in partnership as Evoenergy ABN 76 670 568 688.
fence includes—
(a) a gate that forms part of, or functions as, a fence; and
(b) a fence for an open space boundary.
gas network means either of the following under the Utilities
Act 2000, section 10:
(a) a gas transmission network;
(b) a gas distribution network.
network facility—see the Utilities Act 2000, dictionary.
premises includes land.
telecommunications service—see the Telecommunications
(Interception and Access) Act 1979 (Cwlth), section 5 (1).
utility service means an electricity, water, sewerage, stormwater or
gas service under the Utilities Act 2000.
1.140 Electric-powered vehicle charging points
(1) Designated development for an electric-powered vehicle charging
point on land, in a building or other structure, or on the exterior of a
building or other structure, in a built-up urban area if—
(a) electricity services are already connected within 500m of the
charging point; and
(b) each electric-powered vehicle charging point has—
(i) a height of not more than 2.5m above datum ground level;
and
(ii) a plan area of not more than 2m2; and
Section 1.140
(c) the development complies with AS/NZS 60079.10 (Explosive
atmospheres) as in force from time to time; and
Note AS/NZS 60079.10 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.
(d) the development complies with a relevant EV charging points—
fire safety development control declared under
section 14 (1) (c); and
(e) the person undertaking the development complies with
electricity distribution obligations.
electricity distribution obligations—a person complies with
electricity distribution obligations if the person—
(a) has obtained a statement of compliance with electricity network
requirements from Evoenergy before undertaking any
construction for the development; and
(b) complies with any conditions imposed under the statement.
electricity services means the utility services described in the Utilities
Act 2000, section 6.
electric-powered vehicle charging point means a structure and any
ancillary infrastructure that allows for the charging of an
electric-powered vehicle.
Evoenergy—see section 1.139 (5).
Section 1.141
1.141 Bores
(1) Designated development in relation to a bore.
Note Other territory laws, including the Water Resources Act 2007 and the
Environment Protection Act 1997, must be complied with (see s 1.6 and
s 1.13).
bore—see the Water Resources Act 2007, dictionary.
1.142 Works under Water Resources Act by non-territory
entities
(1) Designated development if the development is to give effect to a
direction under any of the following provisions of the Water
Resources Act 2007:
(a) section 72 (1) (Direction to modify or remove water structure);
(b) section 73 (2) (Direction to rectify effect of unauthorised
activity etc);
(c) section 74 (2) (Direction to prevent or rectify damage to bed or
bank of waterway).
(2) To remove any doubt, this section does not apply to designated
development in accordance with the Water Resources Act 2007,
section 74 (1) (which places a duty on the owner or occupier to take
reasonable steps to prevent damage to the bed or banks of the
waterway).
1.143 Temporary use of land for emergency services training
etc
(1) Designated development for the use of land for training or testing of
things by an authorised entity, if—
(a) the training or testing includes a notifiable activity; and
Section 1.143
(b) the training or testing is carried out on the land during ordinary
business hours on not more than 2 consecutive days in any year;
and
(c) at least 5 days before the day the training or testing is to be
carried out, the authorised entity gives written notice of the
following to the occupier of each place (other than unleased
land) adjoining the land:
(i) when the training or testing will be carried out;
(ii) the general nature of the training or testing.
Note Use, of land—see the Act, s 15.
authorised entity means—
(a) the Australian Defence Force; or
(b) the Australian Federal Police; or
(c) an emergency service; or
Note Emergency service—see the Legislation Act, dict, pt 1.
(d) any other Territory, Commonwealth or State entity authorised in
writing by the territory planning authority.
notifiable activity, in relation to land, means—
(a) damaging a building or other structure on the land; or
(b) simulating a violent incident in relation to the land; or
(c) simulating an emergency response in relation to the land.
Section 1.144
1.144 Subdivisions—Unit Titles Act 2001
The subdivision of land under a unit title application under the Unit
Titles Act 2001 if the subdivision does not involve affected residential
premises.
Note See the Act, s 185 and s 187 in relation to development approval for the
subdivision of a units plan.
1.145 Designated areas—development not involving lease
variations
(1) Development in a designated area if the development does not
involve the variation of a lease.
(2) The following provisions of this schedule do not apply to
development under this section:
(a) section 1.11 (Criterion 1—easement and other access
clearances);
(b) section 1.12 (Criterion 2—plumbing and drainage clearances);
(c) section 1.13 (Criterion 3—heritage, tree, environment and
(d) section 1.14 (Criterion 4—compliance with lease and agreement
collateral to lease);
(e) section 1.15 (Criterion 5—no multiple occupancy dwellings);
(f) section 1.17 (Criterion 7—compliance with other applicable
exemption).
(3) To remove any doubt, section 1.13 (Criterion 6—affected residential
premises) applies to development under this section.
designated area—see the Australian Capital Territory (Planning and
Land Management) Act 1988 (Cwlth), section 4.
(see s 1.61 and s 1.63)
Table 1.6.1 Exempt signs: commercial and industrial zones
Commercial and industrial zones
Type of sign CZ1 CZ2 CZ3 CZ4 CZ5 CZ6 IZ1 IZ2
Awning/fascia sign A A A A A A A
Blind sign A A A A A A
Business plate sign A A A A A A A A
Canopy sign A A A A A A
Changeable message sign A A A A A A A
Construction site fence sign A A A A A A A A
Display home/development
site sales sign
T T T T T T T T
Event sign T T T T T T T T
Fence sign
Flag pole sign
Ground sign A A A A A A A
Hamper sign A A A A A A A
High rise building sign
Inflatable sign
Information sign A A A A A A A A
Lantern sign A A A A A A A A
Mobile sign
Pole sign A A A A A
Projecting sign
Pylon/column sign
Roof sign
Commercial and industrial zones
Type of sign CZ1 CZ2 CZ3 CZ4 CZ5 CZ6 IZ1 IZ2
Stallboard sign A A A A A A A
Territory signs A A
Under awning sign A A A A A A A
Vertical banner building sign A A
Vertical banner freestanding
sign
A A
Wall sign A A
Window sign A A A A A A A
Table 1.6.2 Exempt signs: zones other than commercial and industrial zones
Awning/fascia sign
Blind sign A
Business plate sign A A A A A A A A A
Canopy sign
Changeable message sign
Construction site fence sign A A A A A A A A A
Display home/development site sales sign
Event sign T T
Fence sign
Flag pole sign
Ground sign
Hamper sign
High rise building sign
Inflatable sign
Information sign A A A A A A A A
Lantern sign A A A A A A A A A
Mobile sign
Pole sign
Projecting sign
Pylon/column sign
Roof sign
Stallboard sign
Territory signs
Under awning sign
Vertical banner building sign
Vertical banner freestanding sign
Wall sign
Window sign