Commencement of the Local Government (General) (Differentiating Factors) Variation Regulations 2021

In addition to the full commencement of the new planning system, yesterday the Local Government (General) (Differentiating Factors) Variation Regulations 2021 commenced.

The Variation Regulations have varied Regulation 14 of the Local Government (General) Regulations 2013 to clarify that councils can use as permissible differentiating factors land uses under the Development Regulations and ‘zones’ under their Development Plan (despite repeal or revocation) or land uses and ‘zones’ under the Code. The amended General Regulations are now available at— 

The Attorney has sent a notification letter to all CEOs (an example is pdf attached (73 KB) ). This letter sets out the specifics and aim of the Variation Regulations. Please note the implementation timetable set out in the Attorney’s letter that will provide councils with two full rating cycles to make any necessary changes to their differential rating policies and practices.

David Whiterod
Team leader—Local Government Policy Unit
Office of Local Government, Planning and Landuse Services
Attorney-General’s Department


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