2007

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Planning)

Part 1.1 Administrative Appeals Tribunal Act 1989 3

Part 1.2 Administrative Decisions (Judicial Review) Act 1989 6

Part 1.3 Casino Control Act 2006 7

Part 1.4 Cemeteries and Crematoria Regulation 2003 7

Part 1.5 Civil Law (Sale of Residential Property) Act 2003 7

Part 1.6 Civil Law (Sale of Residential Property) Regulation 2004 11

Part 1.7 Commissioner for the Environment Act 1993 13

Part 1.8 Community Title Act 2001 13

Part 1.9 Duties Act 1999 14

Part 1.10 Electoral Act 1992 15

Part 1.11 Emergencies Act 2004 16

Part 1.12 Environment Protection Act 1997 16

Part 1.13 Environment Protection Regulation 2005 21

Part 1.14 Gaming and Betting Act 1906 26

Part 1.15 Gungahlin Drive Extension Authorisation Act 2004 26

Part 1.16 Hawkers Act 2003 28

Part 1.17 Heritage Act 2004 28

Part 1.18 Lands Acquisition Act 1994 32

Part 1.19 Land Titles Act 1925 33

Part 1.20 Land Titles (Unit Titles) Act 1970 38

Part 1.21 Leases (Commercial and Retail) Act 2001 38

Part 1.22 Legislation Act 2001 39

Part 1.23 Nature Conservation Act 1980 40

Part 1.24 Planning and Development Act 2006 41

Part 1.25 Public Health Act 1997 55

Part 1.26 Public Roads Act 1902 57

Part 1.27 Roads and Public Places Act 1937 60

Part 1.28 Road Transport (Offences) Regulation 2005 60

Part 1.29 Road Transport (Safety and Traffic Management) Regulation 2000 61

Part 1.30 Tree Protection Act 2005 62

Part 1.31 Trustee Act 1925 65

Part 1.32 Unit Titles Act 2001 66

Part 1.33 Unit Titles Regulation 2001 71

Part 1.34 Utilities Act 2000 71

2007

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Planning)

An Act to amend legislation because of the enactment of the Planning and Development Act 2006, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Planning and Development (Consequential Amendments) Act 2007.

(1) This Act commences on the commencement of the Planning and Development Act 2006.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

(2) However, a date or time provided by a special commencement provision for an amendment made by this Act has effect, or is taken to have had effect, as the commencement date or time of the amendment.

(3) In this section:

special commencement provision, for an amendment made by this Act, is a provision, in brackets beginning with the text ‘commencement:’, at the end of the amendment.

An amendment followed by ‘(commencement: the later of the commencement of the Housing Assistance Act 2007 and the Planning and Development Act 2006)’ means that the amendment commences on the later of the commencement of the Housing Assistance Act 2007 and the Planning and Development Act 2006.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

This Act amends the legislation mentioned in schedule 1.

Note Div 4.5 applies only to applications for review of decisions under the Heritage Act 2004, Planning and Development Act 2006 and Tree Protection Act 2005.

(d) any other entity that has been made a party to the proceeding by the tribunal on application by the entity under subsection (2) or section 28A.

Note If a form is approved under s 62A for this provision, the form must be used.

(1) This section applies if a person applies for the review of a decision under the Planning and Development Act 2006.

(2) An interested entity for the decision may apply in writing to the tribunal to be made a party to the proceeding on the application for review.

Note If a form is approved under s 62A for this provision, the form must be used.

(3) If an interested entity applies under subsection (2), the tribunal must, by order, make the interested entity a party to the proceeding.

(4) In this section:

interested entity, for a reviewable decision—see the Planning and Development Act 2006, section 400 (Definitions—ch 13).

(a) if the proceeding arises under the Planning and Development Act 2006—14 days; or

(12) In subsection (11), a reference to the Planning and Development Act 2006 includes a reference to the Land (Planning and Environment) Act 1991.

(13) Subsection (12) is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

(14) Subsections (12) and (13) and this subsection expire 6 months after the day this subsection commences.

• Land (Planning and Environment) Act 1991

• Planning and Development Act 2006

(1) This section applies if—

(a) the planning and land authority refuses an application for development approval, or for the amendment of a development application, (the application), or approves the application subject to a condition; and

(b) the applicant for the application applies for review of the original decision; and

Note Original decision—see s (3).

(c) the applicant applies for reconsideration of the original decision under the Planning and Development Act 2006, division 7.3.10 (Reconsideration of decisions on development applications), whether before or after the applicant applies for review of the original decision; and

(d) before the tribunal decides the application for review, the planning and land authority reconsiders the original decision and substitutes another decision (the substitute decision).

(2) The application for review of the original decision is taken to be an application for review of the substitute decision.

(3) In this section:

development application—see the Planning and Development Act 2006, dictionary.

development approval—see the Planning and Development Act 2006, dictionary.

original decision means a decision mentioned in subsection (1) (a).

(4) In subsection (2) (b) (iii), a reference to the Planning and Development Act 2006 includes a reference to the Land (Planning and Environment) Act 1991.

(5) Subsection (4) is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

(6) Subsections (4) and (5) and this subsection expire 6 months after the day this subsection commences.

(2) Subsection (1) has effect despite the following provisions of the Planning and Development Act 2006:

(a) section 49 (Effect of territory plan);

(b) section 64 (Effect of draft plan variations publicly notified);

(c) section 71 (Effect of draft plan variations given to Minister).

Note The purpose for which land is used is important for the Planning and Development Act 2006.

sublease—see the Planning and Development Act 2006, section 226.

unapproved structure means—

(a) a structure—

(i) the building of which contravened the Building Act 2004, or other territory law regulating building work, at the time it was built; or

(ii) the use or occupancy of which contravenes the Building Act 2004; or

(b) a structure—

(i) the building of which required development approval under the Planning and Development Act 2006, or other territory law regulating development, at the time it was built; and

(ii) that had no approval or, when built, did not comply with the approval.

lease

territory lease relating to the land

the relevant lease

the territory lease relating to the land or unit

the relevant lease

the territory lease relating to the land

(i) the seller will be, or will be able to be, the registered proprietor of the territory lease relating to the property (if any); and

energy efficiency rating guidelines means the guidelines made by the planning and land authority under section 20A.

energy efficiency rating statement means—

(a) a statement prepared in accordance with the energy efficiency rating guidelines; or

(b) if a regulation makes provision for energy efficiency rating statements—a statement prepared in accordance with the regulation.

(g) premises in relation to which approval has been given under the Planning and Development Act 2006, chapter 7 for a development involving the demolition of the premises;

(ga) premises in relation to which a controlled activity order has been made under the Planning and Development Act 2006, part 11.3 directing the demolition of the premises;

(1) The planning and land authority may make guidelines for preparing an energy efficiency rating statement (the energy efficiency rating guidelines).

(2) The energy efficiency rating guidelines are a disallowable instrument.

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

• territory lease

energy efficiency rating guidelines, for part 3 (Energy efficiency ratings)—see section 20.

sublease, for part 2 (Sale of residential property)—see the Planning and Development Act 2006, section 226.

(g) if the person who prepared the report believes that a building approval is not required for the structure—a statement from the person about whether the person believes development approval is required for the structure under the Planning and Development Act 2006, chapter 7 (Development approvals).

The lease conveyancing inquiry documents for a property are the following statements or documents provided by the planning and land authority:

(a) a statement about any entry in the heritage register in relation to the property;

(b) a statement about whether any rent under the Planning and Development Act 2006 for the lease of the property is owing;

(c) a statement about any application for development approval under the Planning and Development Act 2006 affecting the property;

(d) a statement about any contravention of the Planning and Development Act 2006 in relation to the lease of the property;

(e) a statement about any order under the Planning and Development Act 2006 made or proposed to be made by the planning and land authority in relation to the property;

(f) a statement about any application for development approval for variation of a lease for dual occupancy made under the Planning and Development Act 2006 affecting the property;

(g) a statement about any certificate of compliance issued under the Planning and Development Act 2006;

(h) a statement about whether there is any record of contaminated land on the property.

(e) a panel conducting an inquiry under the Planning and Development Act 2006, chapter 8 (Environmental impact statements and inquiries); or

(2) The planning and land authority may refuse to approve a community title scheme if the lessee of a lot proposed to be included in the scheme is in breach of the lease, or a provision of (or requirement under) the Planning and Development Act 2006 that applies to the lessee because the lessee is the lessee of the lot.

(2) The planning and land authority may refuse to approve an application under the Planning and Development Act 2006, chapter 7 for approval to carry out an activity needed for the development of a stage of the scheme if an earlier stage of the scheme has not been finished as required by the scheme.

(1) This section applies if—

(a) an amount of duty has been paid on a grant of a Crown lease; and

(b) the lease is surrendered or terminated; and

(c) part or all of the amount paid in relation to the grant of the lease is refunded under the Planning and Development Act 2006, section 293 (Refund on lease surrender or termination).

(2) An amount calculated in accordance with the following formula must be refunded to the person who paid the duty:

(3) In subsection (2):

D means the amount of duty.

R means the amount that would be refundable under the Planning and Development Act 2006, section 293 if no deduction were made for administrative expenses.

P means the amount paid for the grant of the lease.

(4) However, a refund of duty is payable to a person only if the person applies to the commissioner for the refund.

(5) An application for a refund of duty must—

(a) be in writing; and

(b) be made not later than 1 year after the refund mentioned in subsection (1) (c) is made; and

(c) contain the information the commissioner requires to allow the amount of the refund to be worked out.

lessee—see the Planning and Development Act 2006, section 226.

(5) Subsection (4) does not authorise an officer to enter land that is subject to a territory lease.

• territory lease

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘land management agreement—see the Planning and Development Act 2006, dictionary.’ means that the term ‘land management agreement’ is defined in that dictionary and the definition applies to this Act.

(3) The strategic bushfire management plan has no effect to the extent to which it is inconsistent with any plan of management in force under the Planning and Development Act 2006, part 10.4 (Plans of management for public land) in relation to an area of unleased territory land or land occupied by the Territory.

land management agreement—see the Planning and Development Act 2006, dictionary.

(d) request the Minister under section 94 to direct that an EIS be prepared in relation to the possible environmental impact of a specified activity.

(5) Subsection (6) applies if—

(a) before the authority makes a decision granting or refusing to grant an environmental authorisation under subsection (1), (2), (3) or (4), the Minister, on the Minister’s own initiative under section 94, directs that an EIS be prepared in relation to the possible environmental impact of the specified activity; or

(b) before the authority makes a decision granting or refusing to grant an environmental authorisation under subsection (3), the Minister agrees to a request under subsection (1) (d) or (2) (c).

(6) The authority must, not later than 20 working days after the day the EIS is completed—

(a) grant the environmental authorisation under subsection (1) (a); or

(b) refuse to grant the environmental authorisation under subsection (1) (b).

(7) In this section:

completed, for an EIS, means the day the EIS is completed under the Planning and Development Act 2006, section 203 as applied by this Act, section 94A.

In this part:

environmental impact statement or EIS—see the Planning and Development Act 2006, section 200 (Definitions—ch 8).

inquiry—see the Planning and Development Act 2006, section 200 (Definitions—ch 8).

(1) This section applies in relation to an application for an environmental authorisation in relation to an activity.

(2) At the authority’s request, or on the Minister’s own initiative, the Minister may—

(a) direct that an EIS be prepared in relation to the possible environmental impact of the activity; and

(b) after the EIS is given to the Minister—establish a panel to conduct an inquiry into the activity.

(3) For subsection (2)—

(a) the Minister must not direct that an EIS be prepared or establish a panel unless satisfied that the activity is not the subject of a development application under the Planning and Development Act 2006; and

(b) the authority must not make a request unless the authority—

(i) is satisfied that the activity is not the subject of a development application under the Planning and Development Act 2006; and

(ii) has reasonable grounds for believing the activity has the potential to cause serious or material environmental harm.

(4) The Minister must give the authority a copy of—

(a) any EIS prepared as directed under subsection (2) (a); and

(b) the report of any inquiry panel established under subsection (2) (b).

(1) The Planning and Development Act 2006, part 8.2 applies to an EIS prepared in accordance with a direction under section 94 (2) (a) as if—

(a) a reference to a development proposal were a reference to an activity; and

(b) a reference to the Minister were a reference to the Minister administering section 94; and

(c) a reference to the planning and development authority were a reference to the authority; and

(d) any other necessary changes, and any change prescribed by regulation, were made.

(2) The Planning and Development Act 2006, part 8.3 applies to an inquiry panel established under section 94 (2) (b) as if—

(a) a reference to the Minister were a reference to the Minister administering section 94; and

(b) a reference to the planning and development authority were a reference to the authority; and

(c) any other necessary changes, and any change prescribed by regulation, were made.

(a) the application under the Planning and Development Act 2006, chapter 7 for approval to undertake the development; or

(c) the area identified in the territory plan as the river corridor zone for the Murrumbidgee River; or

development—see the Planning and Development Act 2006, section 7.

EIS, for part 10—see the definition of environmental impact statement.

environmental impact statement, for part 10—see the Planning and Development Act 2006, section 200 (Definitions—ch 8).

inquiry means an inquiry conducted under the Planning and Development Act 2006, part 8.3 (Inquiry panels).

appendix 1, Water Use and Catchment Policies,

Water Use and Catchment Code,

broadacre zone means an area designated as a broadacre zone in the territory plan.

city centre means the area designated as the city centre in the Commercial Zones Development Code of the territory plan.

commercial C4 zone means the area designated as the commercial C4 zone in the territory plan.

commercial C5 zone means the area designated as the commercial C5 zone in the territory plan.

community facility zone means an area designated as a community facility zone in the territory plan.

group centre means an area designated as a group centre in the Commercial Zones Development Code of the territory plan.

industrial zone means an area designated as an industrial zone in the territory plan.

office site means an area designated as an office site outside the city centre, group centres and town centres in the Commercial Zones Development Code of the territory plan.

restricted access recreation zone means an area designated as a restricted access recreation zone in the territory plan.

town centre means an area designated as a town centre in the Commercial Zones Development Code of the territory plan.

TS2 services zone means an area designated as a TS2 services zone in the territory plan.

Note The territory plan is available at www.actpla.act.gov.au.

major road means an area identified in the territory plan as being in the transport zone.

Note The territory plan is available at www.actpla.act.gov.au.

• territory lease

broadacre zone, for schedule 2 (Noise zones, noise standards and conditions)—see schedule 2, part 2.1, section 2.1.

city centre, for schedule 2 (Noise zones, noise standards and conditions)—see schedule 2, part 2.1, section 2.1.

commercial C4 zone, for schedule 2 (Noise zones, noise standards and conditions)—see schedule 2, part 2.1, section 2.1.

commercial C5 zone, for schedule 2 (Noise zones, noise standards and conditions)—see schedule 2, part 2.1, section 2.1.

group centre, for schedule 2 (Noise zones, noise standards and conditions)—see schedule 2, part 2.1, section 2.1.

industrial zone, for schedule 2 (Noise zones, noise standards and conditions)—see schedule 2, part 2.1, section 2.1.

major road, for schedule 2 (Noise zones, noise standards and conditions)—see schedule 2, part 2.3, section 2.2.

office site, for schedule 2 (Noise zones, noise standards and conditions)—see schedule 2, part 2.1, section 2.1.

residential land means an area identified in the territory plan as being in a residential zone.

Note The territory plan is available at www.actpla.act.gov.au.

restricted access recreation zone, for schedule 2 (Noise zones, noise standards and conditions)—see schedule 2, part 2.1, section 2.1.

town centre, for schedule 2 (Noise zones, noise standards and conditions)—see schedule 2, part 2.1, section 2.1.

TS2 services zone, for schedule 2 (Noise zones, noise standards and conditions)—see schedule 2, part 2.1, section 2.1.

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:

• ACT

• indictable offence (see s 190)

• judge

• police officer

• territory lease

• under.

(i) a lessee under a territory lease; or

1 A declaration under s (2) may be made despite the Planning and Development Act 2006, s 49.

2 A variation under s (5) (a) (ii) may be made despite the Planning and Development Act 2006, ch 5.

(1) In this section:

environmental impact statement—see the Planning and Development Act 2006, dictionary.

GDE includes works that are part of, or related to, the construction of the GDE (see s 6).

(2) Nothing in the Planning and Development Act 2006 is to be taken to require—

(a) an environmental impact statement to be prepared or completed for the GDE; or

(b) any other action in relation to the GDE to be taken under the Planning and Development Act 2006, part 5.6 or chapter 8.

(3) Subsection (2) applies whether or not an assessment (however described) of the environmental impact of the GDE already undertaken complies with the Planning and Development Act 2006.

(4) This section has effect despite any other Territory law, whether passed before or after the commencement of this Act.

(c) the Planning and Development Act 2006;

In deciding an application under the Planning and Development Act 2006, s 158 for a development approval in relation to the GDE, the Minister is not required to consider any comment by a referral entity to which the application has been referred under the Planning and Development Act 2006, div 7.3.3 (Referral of development applications). However, the Minister may consider some or all of those comments if the Minister chooses to do so.

(b) the Planning and Development Act 2006, chapter 13 (Review of decisions);

(i) a licence under the Planning and Development Act 2006; or

1 making recommendations and submissions to the planning and land authority about draft variations to the territory plan (see Planning and Development Act 2006, s 60 (b) (iv))

2 giving advice to the planning and land authority about development applications (see Planning and Development Act 2006, s 118 (2), s 119 (d), s 127 (2) and s 128 (e))

9 when, and when not, to undertake a development affecting the heritage significance of a place

In this part:

development means a proposed development to which a development application under the Planning and Development Act 2006, chapter 7 applies.

The following notes provide a simplified outline of this part and the Planning and Development Act 2006, chapter 7:

The planning and land authority may be required to give the council a copy of each development application for a development proposal in the merit or impact track (see Planning and Development Act 2006, s 145). This requirement would not apply to a development application for a development proposal in the code track (see Planning and Development Act 2006, s 116 (c)).

The council gives advice to the planning and land authority about the effect of a development on the heritage significance of a place or object if the development application is referred to the council (see Planning and Development Act 2006, s 146, s 147 and s 148).

The council’s advice must be considered by the planning and land authority in approving or refusing to approve a development application referred to the council (see Planning and Development Act 2006, s 118 (2), s 119 (d), s 127 (2) and s 128 (e)).

The council may apply to the AAT for review of the planning and land authority’s decision to approve a development application if the council—

(a) made a representation about the proposal under the Planning and Development Act 2006, s 153; and

(b) is an eligible entity under that Act, ch 13 (Review of decisions) (see Planning and Development Act 2006, s 401 and s 411, and sch 1, item 4 and item 6).

Note 1 If the planning and land authority refers a development application to the council under the Planning and Development Act 2006, s 145, the council must, not later than 15 working days after being given the application, give the planning and land authority its advice in relation to the development application (see Planning and Development Act 2006, s 146).

Note 2 The council may apply to the AAT for review of the planning and land authority’s decision to approve a development application if the council—

(a) made a representation about the proposal under the Planning and Development Act 2006, s 153; and

(b) is an eligible entity under that Act, ch 13 (Review of decisions) (see Planning and Development Act 2006, s 401 and s 411, and sch 1, item 4 and item 6).

(1) This section applies if the council gives advice—

(a) under section 60 about the effect of a development on the heritage significance of a place or object; or

(b) under the Planning and Development Act 2006, section 146 in relation to a development application.

(2) The council’s advice must include the following:

(a) an outline of the effect of the development on the heritage significance of the place or object;

(b) advice about ways of avoiding or minimising the impact of the development on the heritage significance of the place or object.

(3) Without limiting subsection (2), the advice may set out proposed conditions on any approval of the development, including conditions requiring compliance with all or any of the following:

(a) prudent and feasible measures to conserve the heritage significance of the place or object;

(b) conservation requirements under applicable heritage guidelines;

(c) a conservation management plan approved by the council.

3 not to undertake a development affecting the heritage significance of a place

(v) development approval under the Planning and Development Act 2006, chapter 7; or

(a) the registered proprietor of a lease granted under the Planning and Development Act 2006 over land that includes the place; or

(e) for an acquisition of land the subject of a rural lease granted for a term shorter than 21 years—the possibility of a further lease being granted in relation to the land under the Planning and Development Act 2006, section 246.

(2) In this section:

rural lease—see the Planning and Development Act 2006, section 226.

(ba) keep a record of administrative interests on the register;

In this Act:

administrative interest, in relation to a parcel of land—

(a) means a decision under a law in force in the Territory by an authorised entity in relation to the use of land that may affect a decision of a person proposing to deal with land, whether or not the land is the parcel affected or another parcel; and

(b) if an authorised entity may or must give notice to the registrar-general of the happening of a thing that relates to the use of the land and may affect a decision of a person proposing to deal with land, whether or not the land is the parcel affected or another parcel—includes the happening of the thing; but

(c) does not include an interest in land registrable under another part of this Act.

1 a development approval under the Planning and Development Act 2006 for the use of land

2 if notice of a development approval is given to the registrar-general under the Planning and Development Act 2006—the ending, by surrender, of the development approval

In this part:

authorised entity means any of the following:

(a) the registrar-general;

(b) the Territory;

(c) a territory authority;

(d) an entity prescribed by regulation;

(e) an employee of an entity mentioned in paragraph (a), (b), (c) or (d).

(1) This section applies if the registrar-general keeps a record of administrative interests on the register.

(2) The registrar-general may include, in the record, the following information about an administrative interest that is a decision:

(a) the date of the decision;

(b) the particulars of the decision;

(c) the law under which the decision was made.

(3) The registrar-general may include, in the record, the following information about a parcel of land to which an administrative interest relates:

(a) if the parcel is leased—the name of the lessee;

(b) the block and section;

(c) the address of the parcel;

(d) any other information the registrar-general considers necessary in relation to the parcel.

(4) However, if the registrar-general includes information mentioned in subsection (3) in relation to the parcel of land, the information must not include information other than information already available on the register in relation to the parcel.

(1) This section applies if the registrar-general takes reasonable steps to bring the effect of subsection (2) to the attention of people given access to the record of administrative interests in accordance with section 66 (Searches).

(2) Neither the registrar-general nor an authorised entity incurs liability for any omission, misstatement or inaccuracy in the information.

(3) A regulation may prescribe what are reasonable steps for subsection (1).

(1) If the planning and land authority has executed a variation of a Crown lease under the Planning and Development Act 2006, the authority must lodge a copy of the variation with the registrar-general.

(1) This section applies if the registrar-general receives a notice under either of the following provisions of the Planning and Development Act 2006 about an order under that Act that appears to affect a Crown lease:

(a) section 352 (Notice of making of controlled activity orders);

(b) section 357 (Notice ending controlled activity orders).

(1) This section applies if—

(a) a Crown lease is registered under this Act; and

(b) a building and development provision of the lease has been fully complied with and the lessee has applied, under the Planning and Development Act 2006, section 289 (1) (Certificates of compliance) for a certificate of compliance; and

(c) the registrar-general is satisfied that the planning and land authority has issued a certificate of compliance under the Planning and Development Act 2006, section 289 in relation to the lease.

(2) The registrar-general may enter in the register a memorial to the effect that the building was completed in accordance with the building and development provision of the lease.

(3) A memorial under subsection (2) is, for the Planning and Development Act 2006, section 289, conclusive evidence of the matter in relation to which the registrar-general has stated in the memorial that the registrar is satisfied.

(4) In this section:

building and development provision—see the Planning and Development Act 2006, section 226.

• territory lease

administrative interest—see section 69A (Meaning of administrative interest—Act).

authorised entity—see section 69B (Meaning of authorised entity—pt 8A).

Crown lease means—

(a) a territory lease; and

(b) includes a lease granted by the Commonwealth or the Federal Capital Commission.

(1) This section applies if the planning and land authority grants further leases under the Planning and Development Act 2006, section 246 (Grant of further leases) of the units and the common property forming part of the registered units plan.

• territory lease

chief planning executive means the Chief Planning Executive under the Planning and Development Act 2006.

land development agency means the Land Development Agency established under the Planning and Development Act 2006.

planning and land authority means the Planning and Land Authority established under the Planning and Development Act 2006.

territory lease—

(a) means—

(i) a lease granted under the Planning and Development Act 2006; or

(ii) a lease under the Unit Titles Act 2001; but

(b) does not include a sublease.

territory plan means the territory plan under the Planning and Development Act 2006.

(b) in accordance with a development approval under the Planning and Development Act 2006, chapter 7; or

(b) Territory land that is not subject to a territory lease.

(a) in relation to public land—the management objectives applying to the land under the Planning and Development Act 2006, section 311; and

(4) A management agreement must not conflict with a development approval given under the Planning and Development Act 2006, chapter 7.

• territory lease

Note 2 The Territory, the Executive, a Minister or a territory authority are also prevented from doing anything inconsistent with some draft variations of the territory plan (see s 64 and s 71).

(a) the Public Health Act Minister makes a declaration for this section in relation to a development application for a development proposal; and

(a) either—

(i) the Minister makes a declaration under section 123 in relation to the development proposal to which the application relates; or

(ii) the Public Health Act Minister makes a declaration for section 124 in relation to the application; and

a representation

a written representation

Note Section 158 applies to an application referred back to the planning and land authority under s (3) (see s 158 (2A)).

(2A) To remove any doubt, the time for deciding a development application is not affected by—

(a) the referral of the application to the Minister by the planning and land authority under section 154; or

(b) the referral of the application back to the authority by the Minister under section 155.

planning and land

authority

(a) the planning and land authority or Minister approves a development application (the original decision) under section 158; and

Note A person also commits an offence if the person occupies or uses, or allows someone else to occupy or use, a building, or part of a building, if a certificate of occupancy has not been issued for the building or part of the building (see Building Act 2004, s 76 (1)).

(1) An EIS is an environmental impact statement prepared as prescribed by regulation.

(2) A s 124-related EIS is an environmental impact statement prepared for a development proposal in a development application in relation to which the Public Health Minister has made a declaration for section 124 (Declaration by Public Health Act Minister affects assessment track).

(1) For this Act, an EIS (other than a s 124-related EIS) is completed if—

(1) For this Act, a s 124-related EIS is completed if—

(a) notice in relation to the EIS is given to the planning and land authority by—

(i) the Minister under section 219 (Notice of no action on EIS given to Minister); and

(ii) the Public Health Act Minister under the Public Health Act 1997, section 134 (3) (b); or

(b) at least 15 working days have elapsed since the EIS was given to the Minister and the Public Health Act Minister and—

(i) the Minister has not decided under section 221 to establish a panel to conduct an inquiry about the EIS; and

(ii) the Public Health Act Minister has not decided under the Public Health Act 1997 that a panel to conduct an inquiry about the EIS must be established under section 221; or

(c) both of the following apply:

(i) notice in relation to the EIS is given to the authority by—

(A) the Minister under section 219; or

(B) the Public Health Act Minister under the Public Health Act 1997, section 134 (3) (b);

(ii) at least 15 days have elapsed since the EIS was given to the Minister and the Public Health Minister and—

(A) if the Minister gave the authority notice in relation to the EIS under section 219—the Public Health Act Minister has not decided that a panel to conduct an inquiry about the EIS must be established; or

(B) in any other case—the Minister has not decided to establish a panel to conduct an inquiry about the EIS; or

(d) the Minister has established an inquiry panel in relation to the EIS and—

(i) the panel has reported the results of the inquiry; or

(ii) the time for reporting under section 223 has ended.

(2) To remove any doubt, for subsection (1), it does not matter whether or not the Minister intends to present, or has presented, a copy of the EIS to the Legislative Assembly under section 220.

30 days

30 working days

(2) The planning and land authority must give the EIS to—

(a) the Minister; and

(b) for a s 124-related EIS—the Public Health Act Minister.

Note The Minister may establish a panel to consider the EIS for the proposal (see pt 8.3).

(2A) However, if the Public Health Act Minister gives notice, under the Public Health Act 1997, section 134 that a panel to conduct an inquiry about an EIS should be established, the Minister must establish a panel to conduct an inquiry in relation to the effects on public health of the proposal that is the subject of the EIS.

(commencement: the later of the commencement of the Housing Assistance Act 2007 and the Planning and Development Act 2006)

(1) The planning and land authority must not grant a lease under section 231 (1) (d) unless—

(a) for a lease prescribed by regulation for this paragraph—

(i) the grant is in accordance with criteria prescribed by regulation for this paragraph; and

(ii) the Executive approves the grant; or

(b) for a lease prescribed by regulation for this paragraph—

(i) the grant is in accordance with criteria prescribed by regulation for this paragraph; and

(ii) the Minister approves the grant; or

(c) the Executive approves the grant under subsection (2); or

(d) the grant is in accordance with section 234.

Note Power to make a statutory instrument (including a regulation) includes power to make different provision for different categories (see Legislation Act, s 48).

Note This section does not apply in relation to leases or further leases granted before 11 December 1998 (see s 445).

subsection (2)

subsection (3)

subsection

(1)

in the circumstances

as

(2) A regulation may prescribe the amount to be remitted under subsection (1).

in the circumstances

as

(2) A regulation may prescribe the amount of the increase under subsection (1).

(a) if the discharge amount is paid—when the discharge amount is paid; or

assigned or transferred, either at law or in equity unless

transferred or assigned, either at law or in equity, unless

equitable assignment or transfer

equitable transfer or assignment

assignee or transferee

transferee or assignee

an assignment or transfer

a transfer or assignment

(3) A regulation may prescribe when the land and planning authority may authorise a payment under this section.

(1) This section applies if the planning and land authority may or must notify, or intends to take action under this Act in relation to, an uncontactable person or a person the authority reasonably believes is an uncontactable person.

1 giving a person notice of the making of a development application under div 7.3.4 (Public notification of development applications and representations)

2 giving a person who made a representation about a development application notice of the approval of the application

3 action under—

(a) s 306 (How land may be recovered if former lessee or licensee in possession); or

(b) ch 11 (Controlled activities); or

(c) ch 12 (Enforcement)

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(2) The planning and land authority may, in writing, ask the commissioner for revenue for either of the following:

(a) the person’s name;

(b) the person’s home address or other contact address.

(3) The commissioner for revenue must disclose the information required in a request made in accordance with subsection (2).

Note See also the Taxation Administration Act 1999, s 97 (c) for power to disclose the information.

(4) In this section:

uncontactable person—a person is an uncontactable person if the planning and land authority does not have, or only has incomplete or outdated information about, either of the following:

(a) the person’s name;

(b) a contact address for the person.

interested entity, for a reviewable decision, means an entity mentioned in schedule 1, column 5 for the decision.

eligible person

eligible entity

person

entity

(1) This section applies to a notifiable instrument under any of the following provisions:

• section 62 (Public consultation—notification)

• section 67 (Revision and withdrawal of draft plan variations)

• section 69 (Public notice of documents given to Minister)

• section 75 (Minister’s powers in relation to draft plan variations)

• section 81 (Consequences of rejection of plan variations by Legislative Assembly)

• section 83 (Partial rejection of plan variations by Legislative Assembly)

• section 101 (Consideration of whether review of territory plan necessary).

(c) the list of consultants for section 207;

(3) A regulation may create offences and fix maximum penalties of not more than 10 penalty units for the offences.

(4) However, this section is subject to section 436 and section 437.

person who

entity that

• commissioner for surveys

• commissioner for revenue

part 11.8

chapter 12

interested entity, for chapter 13 (Review of decisions)—see section 400.

part 11.8

chapter 12

Public Health Act Minister means the Minister responsible for the Public Health Act 1997, section 134 (Development approvals under Planning and Development Act, s 124).

s 124-related EIS—see section 202.

(4) The chief health officer must not hold an investigation under subsection (1) in relation to a matter that is capable of forming the subject of an environmental impact statement or inquiry under the Planning and Development Act 2006, chapter 8 (Environmental impact statements and inquiries).

(1) The Minister may make a declaration (a s 124 declaration) for the Planning and Development Act 2006, section 124 (Declaration by Public Health Minister affects assessment track) in relation to a development application for a development proposal under that Act.

Note If the Minister makes a declaration in accordance with this Act and the Planning and Development Act 2006, the development proposal must be considered in the impact assessable track under the Planning and Development Act 2006 and an environmental impact statement under that Act will be required for it.

(2) However, the Minister must not make the s 124 declaration unless the Minister considers that the proposed development would be likely to have a significant effect on public health.

Note The Planning and Development Act 2006, s 124 provides that a declaration for that section must be made during the public consultation period for the development application to which the declaration relates.

(3) If the planning and land authority gives the Minister an EIS under the Planning and Development Act 2006, section 218 (2) for a development proposal in relation to which a s 124 declaration has been made, the Minister may—

(a) decide that a panel to conduct an inquiry about the EIS must be established under the Planning and Development Act 2006, section 221 (Establishment of inquiry panels); or

(b) give the planning and land authority written notice that the Minister has decided to take no action in relation to the EIS.

(4) The Minister may only make a decision under subsection (3) (a) about an EIS if—

(a) the decision is made not later than 15 working days after the planning and development authority gives the Minister the EIS; and

(a) the Minister administering the Planning and Development Act 2006, section 221 has not made a decision under that section to establish a panel to conduct an inquiry about the EIS.

(5) If the Minister makes a decision under subsection (3) (a) about an EIS, the Minister must give the Minister administering the Planning and Development Act 2006, section 221 written notice that an inquiry about the EIS must inquire into the effect on public health of the development proposal to which the EIS relates.

EIS—see the Planning and Development Act 2006, dictionary, definition of environmental impact statement.

environmental impact statement—see the Planning and Development Act 2006, dictionary, definition of environmental impact statement.

(1) If the Minister is satisfied that a road should be closed, completely or partly, the Minister may prepare a written notice to that effect and send a copy of the notice by post to each owner or occupier of land with frontage to the road or part whose name and address is known.

(2) However, subsection (1) does not apply if—

(a) the Minister is satisfied that it is necessary to partly close the road; and

(b) the closure of the road is only to give effect to a variation of a lease under the Planning and Development Act 2006, chapter 7 (Development approvals); and

(c) the variation is only to incorporate into an existing lease an envelope of land that contains an encroachment onto, over or under unleased territory land; and

(d) the closure of the road would not—

(i) impede the flow of vehicle or pedestrian traffic; or

(ii) otherwise present a risk to public safety; and

(e) because of the size, location or configuration of the area of road to be closed, granting a separate territory lease over the land would not be reasonable or appropriate.

If the road to be closed allows vehicle traffic in 2 directions, then part of the road cannot be closed if traffic flow in either direction would be impeded.

It would not be reasonable or appropriate to grant a lease over a parcel of land with an area of 0.05m x 50m located between an existing lease and a public road as it is unlikely that the parcel of land could be separately leased.

(2) However, subsection (1) does not apply if—

(a) the Minister is satisfied that it is necessary to partly close the road; and

(b) the closure of the road is to give effect only to a variation of a lease under the Planning and Development Act 2006, chapter 7 (Development approvals); and

(c) the variation is only to incorporate into an existing lease an envelope of land that contains an encroachment onto, over or under unleased territory land; and

(d) the closure of the road would not—

(i) impede the flow of vehicle or pedestrian traffic; or

(ii) otherwise present a risk to public safety; and

(e) because of the size, location or configuration of the area of road to be closed, granting a separate territory lease over the land would not be reasonable or appropriate.

If the road to be closed allows vehicle traffic in 2 directions, then part of the road cannot be closed if traffic flow in either direction would be impeded.

It would not be reasonable or appropriate to grant a lease over a parcel of land with an area of 0.05m x 50m located between an existing lease and a public road as it is unlikely that the parcel of land could be separately leased.

• territory lease

(a) the person holds a licence under the Planning and Development Act 2006 to occupy or use the public place; and

a multi-unit development

multi-unit housing

(4) For this section, residential land has multi-unit housing if the land has more than 1 dwelling on it.

(5) In this section:

dwelling—see the territory plan.

Note The territory plan defines dwelling as meaning ‘a building or part of a building used as a self contained residence which must include food preparation facilities, a bath or shower, and a closet pan and wash basin’.

multi-unit developments

multi-unit housing

• territory plan

development approval—see the Planning and Development Act 2006, dictionary.

(b) the development has development approval; and

In this part:

development means a proposed development to which an application for development approval under the Planning and Development Act 2006, chapter 7 applies.

The following notes provide a simplified outline of this part and the Planning and Development Act 2006, chapter 7 (Development approvals):

The planning and land authority may be required to give the conservator a copy of each development application for a development proposal in the merit or impact track (see Planning and Development Act 2006, s 145). This requirement would not apply to a development application for a development proposal in the code track (see Planning and Development Act 2006, s 116 (c)).

The conservator gives advice to the planning and land authority in relation to tree protection and the development (see s 82 and s 83) (see also Planning and Development Act 2006, s 146, s 147 and s 148).

The conservator’s advice is to be considered by the planning and land authority (or the Minister) in approving or refusing to approve a development application (see Planning and Development Act 2006, s 118 (2), s 119 (d), s 127 (2) and s 128 (e)).

A development approval that is inconsistent with the conservator’s advice in relation to a registered tree must not be given. A development approval that is inconsistent with the conservator’s advice in relation to a regulated tree may be given only in the circumstances prescribed in the Planning and Development Act 2006, s 118 (2) and s 127 (1) (b) (iii).

Note If the planning and land authority refers a development application to the conservator under the Planning and Development Act 2006, s 145, the conservator must, not later than 15 working days after being given the application, give the planning and land authority its advice in relation to the development application (see Planning and Development Act 2006, s 146).

(1) This section applies if the conservator gives advice—

(a) under section 82 in relation to a development; or

(b) under the Planning and Development Act 2006, section 146 in relation to a development application.

(2) The advice must include advice about tree protection requirements for each protected tree with a protection zone on, or partly on, the land subject to the development.

(3) Without limiting subsection (2), the advice may—

(a) include information about the trees on the land; and

(b) set out the changes (if any) the conservator considers should be made to any tree management plan or proposed tree management plan that relates to the development application, having regard to—

(i) the guidelines approved under section 31; and

(ii) the advice (if any) of the advisory panel; and

(iii) anything else the conservator considers relevant.

development approval, for section 19 (Exceptions—tree damaging and prohibited groundwork offences)—see the Planning and Development Act 2006, dictionary.

tree management plan—

(a) for this Act generally—means a tree management plan approved under section 35; and

(b) in parts 2 to 4—includes a tree management plan approved under the Planning and Development Act 2006, section 158 (3) (b) (Deciding development applications).

(3) The rule in Howe v Earl of Dartmouth (1802) (7 Ves 137) does not apply in relation to property consisting of a territory lease.

• territory lease

Note An application for a staged development may be approved only if—

(a) the development has development approval under the Planning and Development Act 2006 (see s 20 (2) and Planning and Development Act 2006, ch 7); and

(b) for developments of class A units, the boundary floors, walls and ceilings of each unit have already been built in accordance with the development statement (see s 20 (2)).

(a) the development has development approval under the Planning and Development Act 2006, chapter 7; and

Land Act

(2) A change of unit or common property boundaries under this section is not a variation of a lease for the Planning and Development Act 2006, chapter 7 (Development approvals).

by the Commonwealth under the Land Act

by the Territory under the Planning and Development Act 2006

development covenant

building and development provision

(7) If the lease of a unit or the common property is subject to a building and development provision, subsection (3) does not apply to the owners corporation until the planning and land authority issues a certificate under the Planning and Development Act 2006, section 289 (Certificates of compliance)—

(a) for the building and development provision; and

(b) for any building and development provision to which any of the other leases are subject.

(2) A change of unit or common property boundaries under this section is not a variation of a lease for the Planning and Development Act 2006, chapter 7 (Development approvals).

(b) the planning and land authority has given—

(i) a development approval under the Planning and Development Act 2006, chapter 7 for a development consisting of the reinstatement or elimination of any unit or building (or part of a unit or building) on the parcel (a unit redevelopment); or

(ii) if the unit redevelopment is exempt from the requirement to obtain development approval under the Planning and Development Act 2006, chapter 7—a certificate under subsection (4); and

(3) A change of unit or common property boundaries under this section is not a variation of a lease for the Planning and Development Act 2006, chapter 7 (Development approvals).

(1) An application for development approval for the variation of a unit or common property lease may be made under the Planning and Development Act 2006, chapter 7 (Development approvals) only if—

(3) If an application for development approval for the variation of a unit lease or common property lease is approved under the Planning and Development Act 2006, chapter 7, the planning and land authority must give each member of the owners corporation written notice of the approval stating the date the approval is to take effect.

Note This section does not apply to a lease surrendered under the Planning and Development Act 2006, s 246 (see dict, def termination).

Land Act

by the Commonwealth under the Land Act

by the Territory under the Planning and Development Act 2006

Note This section does not apply to a new lease granted after a lease has been surrendered under the Planning and Development Act 2006, s 246 (see dict, def termination).

Land Act

Note This section does not apply to a new lease granted after a lease has been surrendered under the Planning and Development Act 2006, s 246 (see dict, def termination).

building and development provision, in relation to a lease—see the Planning and Development Act 2006, section 226.

(c) for a parcel—the lease of the parcel granted under the Planning and Development Act 2006, or the lease arising under section 162 (Cancellation of units plan—effects) of this Act.

termination, of a lease of a unit, does not include the termination of the lease on surrender under the Planning and Development Act 2006, section 246 (Grant of further leases).

(b) include a copy of the plans relating to the development, and any amendment of the plans, as approved in the development approval under the Planning and Development Act 2006, chapter 7; and

(ja) the Planning and Development Act 2006;

Presentation speech made in the Legislative Assembly on 2007.

Notified under the Legislation Act on 2007.

For the latest republication of amended laws, see www.legislation.act.gov.au.