Planning (Public Health Accommodation Facility) Amendment Regulation 2021


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1Short title

This regulation may be cited as the Planning (Public Health Accommodation Facility) Amendment Regulation 2021.

2Regulation amended

This regulation amends the Planning Regulation 2017.

3Insertion of new s 20B

After section 20A—
insert—

20BWhen development for public health accommodation facility is not assessable development

(1)This section applies to development, other than reconfiguring a lot, that—
(a)is stated in schedule 9 or 10 to be assessable development; and
(b)would, but for subsection (2), be assessable development under section 20(1).
(2)Despite section 20(1), the development is not assessable development under that section to the extent the development is or involves development that is accepted development under schedule 7, section 14.

4Amendment of sch 6 (Development local categorising instrument is prohibited from stating is assessable development)

Schedule 6, after section 32—
insert—

33Particular development for public health accommodation facility

Development, other than reconfiguring a lot, if—
(a)the development—
(i)is carried out on Lot 4 on SP296105 and is for a facility that is owned by, or operated by or on behalf of, the State or a public sector entity and is for accommodating persons to whom a direction under the Public Health Act 2005, section 362B(2)(b) or 362H(1) or (1A) applies; or
(ii)is for a use that is ancillary to the facility mentioned in subparagraph (i), including, for example, staff accommodation, food preparation, medical services, security services or emergency services; or
(iii)is necessary for the facility mentioned in subparagraph (i); and
(b)for development that is building work—the building work complies with the relevant provisions for the building work.

5Amendment of sch 7 (Accepted development)

(1)Schedule 7, section 2(2)—
omit.
(2)Schedule 7—
insert—

Part 4 Other development

14Particular development for public health accommodation facility

Development in relation to which schedule 6, section 33 applies.

6Amendment of sch 24 (Dictionary)

Schedule 24—
insert—
relevant provisions, for building work, for schedule 6, section 33 and schedule 7, section 2, see the Building Act, section 21(5).