Page 2167 - Week 06 - Tuesday, 8 May 2012

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Note 2  Other territory laws, including the Heritage Act 2004, must be complied with (see s 1.4 and s 1.14).

(2) To remove any doubt, a code requirement is not inconsistent with the code requirements of another code only because one code deals with a matter and the other does not.

(3) In this section:

prescribed general exemption criteria means the general exemption criteria, other than the following:

(a) section 1.17 (Criterion 7—no multiple occupancy dwellings);

(b) section 1.18 (Criterion 8—compliance with other applicable exemption criteria).

1.100AA Compliant single dwellings—new residential land 

(1) Building a single dwelling on a block if—

(a) the dwelling will be the only dwelling on the block; and

(b) another dwelling has not been built on the block; and

(c) if the block is a preliminary block—the dwelling is built by the lessee of the holding lease; and

(d) the dwelling as built complies with—

(i) the relevant rules in any relevant precinct code that would apply if the dwelling were not exempt; and

(ii) to the extent that they are not inconsistent with the relevant rules in a relevant precinct code—the relevant rules in the Residential Zones—Single Dwelling Housing Development Code that would apply if the dwelling were not exempt (other than rule 33 and rule 66); and

(iii) to the extent that they are not inconsistent with the relevant rules in a relevant precinct code or the Residential Zones—Single Dwelling Housing Development Code—the prescribed general exemption criteria; and

(e) the dwelling will be in a residential zone.

Note 1  Relevant rules, for a development proposal—see the Act, dictionary. See also s (3).

Note 2  Other territory laws, including the Heritage Act 2004, must be complied with (see s 1.4 and s 1.14).

(2) For subsection (1) (c), 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.

(3) To remove any doubt, a code requirement is not inconsistent with the code requirements of another code only because one code deals with a matter and the other does not.

(4) In this section:

block includes a preliminary block.

preliminary block—land is taken to be a preliminary block if—

(a) the land is part of a holding lease; and

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