Works that are or are not assessable development—Act, s 39
98 Works that are or are not assessable development—Act, s 39
For section 39(f) of the Act, the following works are to be regulated as assessable development—
works for taking overland flow water that are in an area mentioned in schedule 9, part 1, column 1;
works for taking underground water through a subartesian bore that are in an area mentioned in schedule 9, part 2, column 1;Note—
For the regulation of works for taking or interfering with underground water through an artesian bore, other than through a water monitoring bore, see the Planning Regulation 2017.
works for interfering with underground water that are in an area mentioned in schedule 9, part 3, column 1.
However—
the works mentioned in schedule 9, part 1, column 2 or part 2, column 2 are to be regulated as assessable development only to the extent the operational work to which the works relate does not comply with the requirements for the work mentioned in section 99(2); and
the following works are not to be regulated as assessable development—
works mentioned in subsection (1) relating to PDA-related development;
works mentioned in schedule 9, part 1, column 3, part 2, column 3 or part 3, column 2.
In this section—
PDA-related development see the Planning Regulation 2017, schedule 24.
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