Sch 1Exemptions from requirement

Schedule 1 Exemptions from requirement for development approval (see s 7) Part 1.1 Preliminary 1.1 Definitions—sch 1 affected residential premises—see the Dangerous Substances Act 2004, section 47I. built-up urban area—see the Urban Forest Act 2023, section 8. clearing native vegetation—see the Nature Conservation Act 2014, section 234. designated development, in relation to land—see section 1.3. existing school campus means the grounds, including the boundary, of an existing school. native vegetation, for an area,—see the Nature Conservation Act 2014, section 232. native vegetation area—see the Nature Conservation Act 2014, section 233. open space boundary—see the Act, section 516 (3). party wall—see the Common Boundaries Act 1981, section 27. public unleased land—see the Public Unleased Land Act 2013, section 8.

Part 1.1 Preliminary Section 1.3 1.3 Meaning of designated development—sch 1 designated development, in relation to land, means— (a) building, altering or demolishing a building or other structure on the land; or (b) carrying out earthworks or other construction work on or under the land; or (c) carrying out work that would affect the landscape of the land. 1.4 Diagrams—sch 1 A diagram of something in this schedule is an illustrative example of the thing, but does not represent its dimensions or the dimensions of any part of it (or its comparative size in relation to something else). Note A diagram in this regulation is part of the regulation (see Legislation Act, s 126 (4)). 1.5 Inconsistency between territory plan provisions and this schedule (1) This section applies if this schedule— (a) applies to development; and (b) applies a territory plan provision in relation to the development; and (c) is inconsistent with the territory plan provision. (2) This schedule prevails over the territory plan provision to the extent of the inconsistency.

Preliminary Part 1.1 Section 1.6 1.6 Exemption does not affect other territory laws (1) An exemption under this schedule in relation to development does not affect the operation of any other territory law relating to land use or the provision of services for the development. Examples—laws not affected • Building Act 2004 • Electricity Safety Act 1971 • Scaffolding and Lifts Act 1912 • Utilities Act 2000 • Water and Sewerage Act 2000 (2) To remove any doubt, the following provisions of this schedule do not limit the operation of subsection (1): (a) section 1.13 (Criterion 3—heritage, tree, environment and (b) section 1.14 (Criterion 4—compliance with lease and agreement collateral to lease).

Section 1.10 1.10 General exemption criteria (1) Development mentioned in part 1.4 (Development exempt from development approval) is exempt from requiring development approval if it meets each of the following criteria (the general exemption criteria): (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 1.16 (Criterion 6—affected residential premises); (g) section 1.17 (Criterion 7—compliance with other applicable exemption). (2) However, if a provision in part 1.4 provides that a criterion does not apply to the development, the development is exempt from requiring development approval despite not meeting the criterion. Example—s (2) Section 1.20 (2) disapplies the criterion in s 1.17. Therefore, designated development mentioned in s 1.20 (1) need not meet criterion 7 to be exempt from requiring development approval.