Page 330 - Week 01 - Thursday, 10 February 2022
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rule), it is theoretically possible (however unlikely) for buses to use this route during any of the operational hours of the bus network (between the hours of 5:00 am and 11:00 pm).
(11)
a) ‘Unleased territory land’ is used in the definition of ‘Public unleased land’ within Section 8 of the Public Unleased Land Act 2013. The definition is shown below.
Public unleased land means unleased territory land that –
(a) The public is entitled to use; or
(b) Is open to, or used by, the public.
b) Public Unleased Land Act 2013.
c) An electronic copy of the legislative instruments(s) providing the relevant definition of “Public unleased land” in 11.a. https://www.legislation.act.gov.au/a/2013-3/default.asp
(12) Roads ACT, as part of TCCS, is the custodian of the ‘road related area’. Any works on a road reserve must be endorsed/approved by TCCS under Section 19 of Public Unleased Land Act 2013. Roads ACT is a statutory consultee for all work on built infrastructure assets, under the territory control, within the road reserve. Please note that not all assets in the road reserve are exclusively managed by TCCS. For example, there are a variety of other assets in the road reserve that are managed by others with the most significant being telecommunications and utility services.
(13)
a) A development application is considered an impact track development proposal if:
• it meets the criteria in the relevant impact track development table of the Territory Plan;
• it is of a kind mentioned in Schedule 4 of the Planning and Development Act 2007;
• the Minister makes a declaration under section 124 of the Planning and Development Act 2007 in relation to the proposal; or
• it is considered one under relevant legislation, such as the Commonwealth Environment Protection and Biodiversity Conservation Act 1999.
b) DA 202138229 and DA 202138251 do not meet the above listed items for either DA to be considered in the impact track.
c) Yes, public transport facilities are prohibited development in the development table for PRZ1 – Urban Open Space Zoned land. However, as noted in the PRZ1 Development Table, some development that would otherwise be prohibited may be assessed under the merit track if they are ancillary, minor or temporary use. For example, a car park alone is prohibited, but could be considered if it is ancillary to a playing field which is an assessable development under the merit track. The planning and land authority consider that the bus layovers meet the Territory Plan definition of ancillary use noting that works approved under DA 202138229 are wholly located within the road reserve. Ancillary use is a permitted use in the PRZ1 zone.
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