13

13 Only surveyors to carry out surveys Section 49, note 8

J2026-63 Planning Legislation Amendment Act 2026 A2026-8 An Act to amend legislation about planning, and for other purposes. The Legislative Assembly for the Australian Capital Territory enacts as follows:

1 Name of Act This Act is the Planning Legislation Amendment Act 2026. 2 Commencement This Act commences on the 7th day after its notification day. Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)). 3 Legislation amended This Act amends the following legislation: • Planning Act 2023 • Planning (Exempt Development) Regulation 2023 • Planning (General) Regulation 2023 • Recovery of Lands Act 1929 • Surveyors Act 2007.

Planning Act 2023 Part 2 A2026-8 Planning Legislation Amendment Act 2026 page 3 Part 2 Planning Act 2023 4 Supporting report for draft major plan amendment omit draft major planning amendment draft major plan amendment 5 Public consultation—notification and availability of draft major plan amendments etc New section 63 (1A) insert (1A) Also, for a draft major plan amendment prescribed by regulation, the territory planning authority must give a copy of the consultation notice to each person prescribed by regulation. 6 Section 63 (2) omit the territory planning authority is not required to publish a major draft amendment if satisfied that subsections (1) and (1A) do not apply if the territory planning authority is satisfied that

Part 3 Planning (Exempt Development) Regulation 2023 Part 3 Planning (Exempt Development) 7 Schedule 1, new section 1.38 in division 1.4.1, insert 1.38 Single dwellings—step-free access paths (1) Designated development for a step-free access path to a single dwelling if the path complies with the Livable Housing Design Standard published by the Australian Building Codes Board, as in force from time to time. Note The Livable Housing Design Standard 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 is accessible at ncc.abcb.gov.au. (2) Section 1.17 (Criterion 7—compliance with other applicable exemption) does not apply to the designated development. 8 Swimming pools Schedule 1, section 1.51 (2), definition of swimming pool swimming pool— (a) means an excavation, structure or vessel that— (i) can be filled with water to a depth of more than 300mm; and (ii) is principally used for swimming, wading, paddling or any other human aquatic activity; and (b) includes a bathing or wading pool and a spa; but (c) does not include a bath or spa bath in a bathroom.

Planning (Exempt Development) Regulation 2023 Part 3 A2026-8 Planning Legislation Amendment Act 2026 page 5 9 Single dwellings where declaration authorises minor non-compliance Schedule 1, section 1.131 (1) (b) (b) for an encroachment under paragraph (a) (iii)—the encroachment would not cause shadowing for more than 3 hours to more than 50% of any habitable room or principal private open space of another block between 9 am and 3 pm on the winter solstice; and