Page 1992 - Week 07 - Thursday, 23 August 2007
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provided there are no earthworks, construction, building, alteration or demolition work of a kind that of itself requires development approval.
If the relevant work is of a kind that is exempt from requiring development approval—for example, a small shed that is exempt from requiring approval under the regulation—then use approval is not required. This point is underlined in clause 132A (7) which explicitly states that use of a building does not require development approval if the construction of the building or structure is exempt from requiring development approval.
This provision has, for example, the following effects. No approval is required to continue authorised use unless work that is non-exempt from requiring development approval is carried out on the land. When work is done which requires development approval, development approval is required for the construction of the work, the use of any new building or structure, and use of the land on which the work is located. If a second or third building is added some years after getting the first use approvals noted above, and the further building is not exempt from requiring development approval, development approval is required for both the construction of the additional building as well as the use of the new building.
There is provision that the exemption of new clause 132A does not cease because relevant use is not continuous, interrupted or abandoned; the relevant lease is subject to a transfer or other dealing or is renewed; or the relevant lease is surrendered for the purposes of achieving a lease variation or renewal. However, under subclause 132A (5) the use approval does cease if the relevant lease plus the six-month grace period for renewal expire and the lease is not renewed; the relevant lease is surrendered, other than in connection with a lease variation or renewal; the lease is terminated; or if the use was authorised by a licence or permit under the Roads and Public Places Act (1937) and the licence or permit ends.
New clause 132B continues to provide that exempt development can be undertaken without development approval and that an application for development approval of exempt development cannot be made. This clause is substantially the same as the existing omitted clause 132 (1) of the bill.
Finally, new division 7.2.7 on prohibited development is inserted. The new division retains clause 133 of the bill to the effect that a development application cannot be made for prohibited development. It amends clause 134 of the bill to incorporate the concept of “authorised use”. New clause 134 (3) defines “authorised use” as “a use authorised by a lease, section 240 of the bill, a provision of chapter 15, and includes a use authorised by a lease that expired not more than six months before the use of the lease is renewed within six months after the expiry”. Thirdly, it amends clause 134 of the bill to make it clear that a development application for authorised use can still be made, notwithstanding that the use is prohibited development under the territory plan or under clause 133 (2) of the bill. In this case the use is assessable under the impact track.
MR SPEAKER: We have crossed over a bit here because we really ought to have been dealing with just your amendments, Mr Seselja. Do you want to speak further to your amendments?
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