2002

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Planning)

2002

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Urban Services)

An Act to amend various Acts and regulations because of the enactment of the Planning and Land Act 2002, and for other purposes

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

This Act is the Planning and Land (Consequential Amendments) Act 2002.

This Act commences on the commencement of the Planning and Land Act 2002, section 5 (Object of Act).

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act 2001, s 75).

A note included in this Act is explanatory and is not part of this Act.

Note See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.

Schedules 1 to 3 amend the Acts and regulations mentioned in them.

(i) any relevant direction of the Minister; and

Note The Minister may give directions under this Act, s 26 and s 94 (1) (b) and the Planning and Land Act 2002, s 11 (1) (b).

(c) a statement, by the planning and land authority, of the reasons for any inconsistency between the draft plan and—

(i) a relevant direction of the Minister; or

(ii) a submission of the conservator mentioned in paragraph (b) (ii); or

(iii) an interim heritage places register submitted to the authority; or

Note Sections 17 and 63 provide for the submission by the heritage council of an interim heritage places register.

(iv) a recommendation in a report mentioned in paragraph (b) (iv), (v) or (vi); and

draft plan variation—

(a) means a draft plan variation prepared by the planning and land authority under section 15 (Preparation of plan variations) and—

(i) if section 19C (Draft plan variations that do not affect rights) does not apply—notified under section 19 (Public consultation—notification); or

(ii) if section 19C applies—notified in the legislation register under section 19C (2); and

(b) for a draft plan variation that has been revised under section 22 (1) (a) or 27—includes the draft plan variation as revised.

29 (9) (b)

30A (3) (b)

draft plan variation includes a provision of a draft plan variation.

(1) The planning and land authority may prepare variations to the plan.

(2) A plan variation may be prepared in separate stages or parts.

(Executive powers)

(Minister’s powers)

authority’s opinion

planning and land authority’s opinion

(1) This section applies if the planning and land authority is satisfied that a draft plan variation—

(a) would, if approved, not affect adversely anybody’s rights; or

(b) has as its only object the correction of a formal error in the plan.

(2) The draft plan variation is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act 2001.

(3) Sections 19 and 19B do not apply to the draft plan variation, but the planning and land authority must take reasonable steps to inform itself about public attitudes to the draft plan variation.

Before giving a draft plan variation to the Minister, the planning and land authority must consult with the national capital authority.

(1) The planning and land authority must make copies of any comments mentioned in section 19 (1) (c) available for public inspection during office hours during the period, and at the places, mentioned in the consultation notice under section 19 that refers to the relevant draft plan variation.

(2) The planning and land authority may omit from the copy of a comment made available under subsection (1) information that would identify the person who had made the comment if—

(a) the person has asked that the information be omitted; and

(b) the authority is reasonably satisfied that it would not be in the public interest for the information to be published.

the Executive shall—

the Minister must—

(2) Before taking action under subsection (1), the Minister must consider any recommendation made by a committee of the Legislative Assembly in relation to the draft variation, or related documents, referred to the committee under section 25.

an Executive direction

a direction

Executive

Executive’s

Minister’s

(Executive powers)

(Minister’s powers)

Minister

planning and land authority

Executive

Minister

• section 10

• section 19 (1)

• section 22

• section 24

• section 25

• section 26 (1) (b) and (6)

• section 27 (1)

• Section 27 (3) (1st mention)

• section 28 (1) (b)

• section 29 (1)

authority

planning and land authority

• section 5, definition of background papers, paragraph (d)

• section 10 (1) and (2)

• section 10 (3) (1st mention)

• section 16

• section 17 (1) (1st mention)

• section 17 (3) (1st mention)

• section 17 (4)

• section 18 (1) and (3)

• section 19 (1) (1st mention)

• section 19 (2), (5) and (6)

• section 19B (1)

• section 22 (1) and (4)

• section 22 (5) (1st mention)

• section 22 (6)

• section 22 (7) (1st mention)

• section 22 (9)

• section 24 (1) (1st mention)

• section 24 (2), (4) and (5)

• section 26 (1) (b) and (6)

• section 28 (1) (1st mention)

• section 28 (3)

• section 30 (5)

• section 32 (1) and (6)

authority

planning and land authority

section 282A (5) (a)

section 282A (AAT Review of decisions)

authority

planning and land authority

section 282A (5) (a)

section 282A (AAT Review of decisions)

authority

planning and land authority

(1) The Minister may, on behalf of the Territory, acquire a place listed on the heritage places register if the Minister is satisfied that—

(a) the place has substantial heritage significance; and

(b) acquisition is the most prudent and feasible means to ensure the conservation of the heritage significance; and

(c) it is in the public interest for the Territory to acquire the place.

Executive

Minister

authority

planning and land authority

Note The Environment Minister may delegate a function of the Environment Minister under this part to the planning and land authority (see Legislation Act 2001, s 254A).

authority

planning and land authority

section 282A (4) (Review of decisions)

section 282A (3) (AAT Review of decisions)

(1) This part applies to the grant of an interest in Territory land by the planning and land authority on behalf of the Executive.

(1) The planning and land authority is authorised to grant, on behalf of the Executive, leases that the Executive may grant on behalf of the Commonwealth.

(2) In this section:

lease means a lease of Territory land.

(1) The planning and land authority may grant a lease by—

(a) auction; or

(b) tender; or

(c) ballot; or

(d) direct grant.

Note A fee may be determined under s 287 (Determination of fees) for this section.

The Executive may, on behalf of the Commonwealth,

The planning and land authority may

(1) The planning and land authority may grant a lease of Territory land for a charge that is less than the market value of the lease if the authority is satisfied it is desirable and in the public interest to do so to facilitate—

If it is proposed that a lease of Territory land be granted, the Minister may—

(1) This section applies if the Minister, under section 166, establishes a panel to conduct an inquiry, or directs that an assessment be made, in relation to the proposed grant of a lease.

(2) The Minister must—

(a) consider the report of the panel or the assessment; and

(b) review the provisions of the proposed lease taking the report or assessment into account; and

(c) direct the planning and land authority—

(i) to grant the proposed lease; or

(ii) to grant the proposed lease as varied in accordance with the direction; or

(iii) to refuse to grant the proposed lease.

(3) The planning and land authority may grant the proposed lease only in accordance with a direction of the Minister under subsection (2) (c).

(1) The planning and land authority need not grant a lease of Territory land to an applicant, even if applications for the lease have been invited.

(2) If applications for a lease have been invited subject to conditions, the planning and land authority may, without granting a lease, invite fresh applications for the lease subject to the same or other conditions.

(1) This section applies if—

(a) the holder of a residential lease of land applies to the planning and land authority for the grant of a further residential lease of the land; and

(b) neither the Territory nor the Commonwealth needs the land for a public purpose; and

(c) the lessee pays the fee worked out under the determination under subsection (3); and

(d) the lessee surrenders the existing lease.

(2) The planning and land authority must grant the lessee a further residential lease of the land for a term not longer than 99 years to begin on the day after the day the existing lease is surrendered.

(3) The Minister may make a determination, in writing, for subsection (1) (c).

(4) If the term of a further lease granted under subsection (2) is not longer than the term of the existing lease, the fee payable under subsection (1) (c) must not be more than the cost of granting the lease.

(5) A determination under subsection (3) is a disallowable instrument.

Note  A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

the Executive shall, on behalf of the Commonwealth,

the authority must

(5) If the national capital authority has set a maximum term for a rural lease of land in a designated area, a determination under subsection (2) relating to the land must not set a term for a further rural lease of the land that is longer than the maximum term.

(5A) In subsection (5):

designated area—see the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth), section 4 (Definitions for whole Act).

(1) This section applies if—

(a) the holder of a lease of Territory land other than a residential lease or a rural lease applies to the planning and land authority for the grant of a further lease of the land for the same purposes; and

(b) neither the Territory nor the Commonwealth needs the land for a public purpose; and

(c) all rent due under the existing lease is paid; and

(d) the lessee pays the fee worked out under the determination under subsection (3); and

(e) the lessee surrenders the existing lease.

(2) The planning and land authority must grant the lessee a further lease of the land for the same purposes for a term not longer than 99 years to begin on the day after the day the existing lease is surrendered.

(3) The Minister may make a determination, in writing, for subsection (1) (d).

(4) If the term of a further lease granted under subsection (2) is not longer than the term of the existing lease, the fee payable under subsection (1) (d) must not be more than the cost of granting the lease.

(5) A determination under subsection (3) is a disallowable instrument.

Note  A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

(2) The planning and land authority may grant a further lease of a unit, or the common property, under a units plan only if—

(a) the authority grants further leases for all the units and the common property; and

(b) the further leases are all granted for the same term.

(2) The planning and land authority may grant a further lease of a lot in a community title scheme only if—

(a) the authority grants further leases for all the lots in the scheme; and

(b) the further leases are all granted for the same term.

lessee, for a lease that has been surrendered or ended, or the term of which has ended, means the person who was the lessee under the lease at the time of the surrender or ending.

(4) Before the end of the term of a lease of Territory land, the planning and land authority may declare that the land comprised in the lease, or part of the land, is available for a further lease.

(4A) If the lessee does not elect to take a further lease of the land, or part of the land, declared to be available within 6 months after the end of the term of the lease, the amount of any expenditure reasonably incurred by the Territory, the planning and land authority or both, in relation to the grant of a lease of the land, or part of the land, to anyone else must be deducted from the amount payable to the lessee under this section.

terminated or surrendered

surrendered or ended

termination or surrender

surrender or ending

(7) If a lease is surrendered or ended, the planning and land authority may work out the amount of the expenditure reasonably incurred by the Territory, the planning and land authority or both, in relation to—

(a) the surrender or ending of the lease; and

(b) any grant of a further lease of the land or part of the land.

(7A) The amount worked out under subsection (7) must be deducted from any amount payable under subsection (5) to the lessee of the surrendered or ended lease.

(3) If a request is made under subsection (1) in relation to a variation, the planning and land authority must review the variation and may confirm the variation or set it aside and substitute any other variation the authority considers appropriate.

(4) The planning and land authority must not issue a certificate of compliance in relation to a building and development provision to which a lease under the Unit Titles Act 2001 is subject unless the other requirements of this section are satisfied and the authority is satisfied—

(d) the lessee has obtained—

(i) a certificate of compliance under section 179; or

(ii) the consent of the planning and land authority under subsection (2).

Note A consent under the City Area Leases Ordinance 1936 may be taken to be a consent under s (2) (see s 292).

(2) The planning and land authority may, in writing, consent to a legal or equitable assignment or transfer of a lease, or an interest in a lease, mentioned in subsection (1) if—

(a) the lessee or a proposed assignee or transferee applies for the assignment or transfer; and

(b) the authority is satisfied the proposed assignee or transferee intends to comply with the building and development provision; and

(c) the authority has been given any security required by the authority for compliance with the provision by the proposed assignee or transferee.

Note A fee may be determined under s 287 (Determination of fees) for this subsection.

(1) The planning and land authority must not execute a variation of a nominal rent lease unless the lessee has paid the Territory any change of use charge determined by the authority under subsection (2), subject to any remission or increase under section 184C.

(2) If the planning and land authority executes a variation of a rental lease, the authority must reappraise the rent payable under the lease, following (to the extent possible) the method provided by the rental provisions of the lease.

Executive

authority

(i) the planning and land authority; and

(6) The validity of a dealing made or entered into with the consent of the planning and land authority under subsection (5) is not affected—

(a) by a defect or irregularity in relation to the giving of the consent; or

(b) because a ground, or all grounds, for the consent had not arisen.

(1) The planning and land authority must not execute a consolidation or a subdivision unless the lessee has paid the Territory any change of use charge determined by the authority under subsection (2), subject to any remission or increase under section 187C.

Executive

authority

(1) This section applies if—

(a) a person who has been a lessee of Territory land remains in possession of the land after—

(i) the term of the lease has ended; or

(ii) the lease has been surrendered or ended; or

(b) a person who has been a licensee of Territory land remains in possession of the land after—

(i) the term of the licence has ended; or

(ii) the licence has been surrendered or ended.

(2) The Executive may, by written notice to the person (the unlawful occupier), demand that the unlawful occupier give possession of the land to the Executive within the reasonable period stated in the demand.

(3) If a demand is not complied with—

(a) the Executive may apply to the Magistrates Court for an order that possession of the land be given to the Executive; and

(b) the court may issue a warrant authorising a police officer, within 30 days after the day the warrant is issued, to enter the land with the assistance and by the force that is reasonable, and give possession of the land to the Executive.

(4) The planning and land authority is authorised to do any of the following on behalf of the Executive:

(a) make a demand under subsection (2);

(b) make an application to the Magistrates Court under subsection (3) (a);

(c) take possession of land under this section.

(5) In this section:

licence means a licence granted by the Territory, the Commonwealth or the planning and land authority.

(1) The planning and land authority may certify in writing that a lease of Territory land mentioned in the certificate has ended.

(2) A certificate under subsection (1) is evidence of the matter it states.

(3) A document that purports to be a certificate under subsection (1) is taken to be such a certificate, unless the contrary is proved.

authority

planning and land authority

Executive may, on behalf of the Commonwealth,

planning and land authority may

(2) The planning and land authority may agree to accept the surrender of a lease, or part of the land comprised in a lease, under subsection (1) either unconditionally or subject to any condition the authority considers appropriate.

(1) The planning and land authority may grant a lease of Territory land only if satisfied that the lessee will, during the term of the lease, have—

(2A) The validity of a lease granted under this part is not affected by a failure to comply with this section.

(1) This section applies if, during a quarter, the planning and land authority grants a lease—

(a) by direct grant; or

(b) under section 163 (Leases to community organisations), section 164 (Special leases) or section 209 (Grant of leases).

(2) The planning and land authority must, within 5 working days after the end of the quarter, give the Minister a statement that sets out, in relation to any lease mentioned in subsection (1) granted during the quarter—

(a) the name of the lessee; and

(b) a description of the land comprised in the lease in accordance with the Districts Act 2002, section 9 (Description of parcel of land for dealings); and

(c) the amount (if any) paid for the grant of the lease; and

(d) the provision of this Act under which the lease was granted.

(3) The Minister must present to the Legislative Assembly a copy of a statement received under subsection (2) within 5 sitting days after the day the Minister receives it.

(4) The validity of a lease is not affected by a failure to comply with subsection (2) or (3).

(5) In this section—

quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October in a year.

A person must not, in or in relation to an application for the grant, or a variation, of a lease of Territory land—

(a) make a statement or representation the person knows is false or misleading in a material particular; or

(b) omit from a statement or representation anything without which the statement or representation is, to the person’s knowledge, misleading in a material particular.

Maximum penalty: 50 penalty units.

Executive

planning and land authority

• section 161 (3) to (6)

• section 163 (3)

• section 163 (9)

• section 164 (2), (7) and (8)

• section 167 (3), (5) and (6)

• section 169

• section 170

• section 171A (1) (a)

• section 172A (1)

• section 172B (1)

• section 173 (2), (3) and (5A)

• section 184D (1) and (3)

• section 185 (1st mention)

• section 186A

• section 186C (1)

• section 186D (3) and (5)

• section 186H

• section 188 (1) and (3)

• section 188 (5) (1st mention)

• section 208 (1)

• section 210 (1)

• section 214 (1)

• section 215

• section 216 (2)

• section 217

• section 219 (1)

Minister

planning and land authority

• section 173 (3)

• section 174

• section 176 (1)

• section 177 (1)

• section 178

• section 179 (1) and (2)

• section 180 (3) (1st mention)

• section 184A (2)

• section 184C

• section 186 (1) (d)

• section 187A (2)

• section 187C

• section 188 (2A)

approval means—

(a) an approval under section 230 (Approvals); or

(b) if, on reconsideration of an original decision, an application for development is approved—an approval on reconsideration.

Note Subdivision 6.2.4 deals with reconsideration of original decisions.

original decision—see section 246 (1).

relevant authority, in relation to an application, means—

(a) if the Minister has, under section 229B (Minister may decide some applications), decided to consider an application—the Minister; or

(b) the planning and land authority.

or the Minister

(7) The planning and land authority may—

(a) correct a formal error in an application; or

(b) at the request of the applicant, make an alteration to an application.

(8) If the planning and land authority makes an alteration or correction under subsection (7), the authority must—

paragraph.

paragraph; and

(g) any comments of the planning and land authority or the planning and land council given to the Minister for the Minister’s consideration of an application under section 229B (Minister may decide some applications); and

(h) if an application has been reconsidered under subdivision 6.2.4—the date and details of the decision on reconsideration; and

(i) details of any minor amendment made under section 247.

(3) The planning and land authority must approve an application if satisfied that—

(a) the part of the application for approval to undertake a development to which the application under subsection (1) relates contains information—

(i) about the personal or business affairs of a person; or

(ii) that has been given to the authority in confidence; or

(iii) the publication of which would disclose a trade secret; or

(iv) the disclosure of which is likely to affect the conduct of a person’s lawful business affairs; and

(b) it would not be in the public interest for the part to be published.

Minister

authority

(1) The Minister may, in writing, direct the planning and land authority to refer to the Minister an application that has not been decided by the authority.

Note The Planning and Land Act 2002, s 9 provides that the planning and land authority must comply with directions given to it under a Territory law.

(2) When complying with the direction, the planning and land authority must also give the Minister—

(a) the information and documents received by the authority in relation to the application; and

(b) any other relevant information and documents held by the authority.

(3) If the Minister gives a direction under subsection (1) in relation to an application, the planning and land authority must take no further action that would lead to a decision by the authority on the application.

(1) This section applies in relation to an application referred to the Minister under section 229A.

(2) The Minister may decide to consider the application if, in the Minister’s opinion—

(a) the application raises a major policy issue; or

(b) the application seeks approval for a development that may have a substantial effect on the achievement or development of objectives of the Territory plan; or

(c) the approval or refusal of the application would provide a substantial public benefit.

(3) If the Minister decides to consider an application, the Minister must tell the planning and land authority in writing about the decision.

(4) An advice under subsection (3) is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act 2001.

(5) An advice under subsection (3) must be notified under the Legislation Act 2001 within 3 weeks after the day it is given.

(6) If the Minister decides to consider an application, the Minister must—

(a) tell the applicant in writing about the decision and the grounds on which the decision has been taken; and

(b) ensure that the Minister has the comments of the planning and land authority and the planning and land council on the application; and

(c) approve or refuse the application.

(7) Within 3 sitting days after the day the Minister decides an application, the Minister must present to the Legislative Assembly a statement containing—

(a) a description of the development to which the application relates; and

(b) details of the land where the development is proposed to take place; and

(c) the applicant’s name; and

(d) details of the Minister’s decision; and

(e) the grounds for the decision.

(8) If the Minister is satisfied that the Minister should not consider the application, the Minister must refer the application back to the land and planning authority for decision.

(v) if the relevant authority is the Minister—the comments of the planning and land authority and the planning and land council; and

(1) The planning and land authority may direct an applicant—

(a) to give the notice of the application that the authority would, but for this section, be required to give; and

(b) to give notice to any other person.

(1A) The planning and land authority need not give notice of an application under section 229 (Notice of application) or another Act if the authority gives a direction under subsection (1A).

requirement made

direction

subsection (1)

a direction under subsection (1)

by the Minister

by the authority

Minister’s

authority’s

(1) If an application is approved, the planning and land authority must give written notice—

(a) to the applicant; and

(b) if the application approved relates to a variation of a lease—to the registrar-general for notification under the Land Titles Act 1925.

Note An application may be approved under s 246A on reconsideration of an original refusal—see s 222 (1), def approval.

(2) A notice to an applicant must state the date the approval takes effect.

Note For date of effect of an approval, see s 249 (When approvals take effect).

(1) If an application is approved, the planning and land authority must give each person who objected under section 237 (1) written notice of the approval.

Note An application may be approved under s 246A on reconsideration of an original refusal—see s 222 (1), def approval.

(4) If an application is refused, the planning and land authority must give written notice of the refusal to the applicant and each person who objected under section 237 (1).

(4A) In this section:

refused, for an application, includes confirming a decision to refuse an application on reconsideration of the decision under subdivision 6.2.4.

has been given to the Minister

have been given

(1) An approval may be conditional.

with the Minister for approval by him or her

with the planning and land authority for approval

section 230 (2)

section 230 (4)

In this subdivision:

new application—see section 246 (2).

original application—see section 246 (1) (a).

original decision—see section 246 (1) (a).

(1) This section applies if—

(a) an application (the original application) has been approved or refused (the original decision) by the planning and land authority; and

(b) either—

(i) an application has not previously been made under this section for reconsideration of the original decision (other than an application; or

(ii) an application has been previously made and the original decision was taken to be confirmed under section 246B (No action by planning and land authority within time).

(2) The applicant for the original application may apply (the new application) for reconsideration of the original decision.

(3) The new application must be made within—

(a) 4 weeks after the day the applicant is told about the decision by the planning and land authority; or

(b) any longer period allowed by the planning and land authority, either before or after the end of the 4 weeks.

(4) The application must set out the grounds on which reconsideration of the original decision is sought.

(5) The making of the application for reconsideration of the original decision automatically stays the operation of the decision.

(1) Within 4 weeks after the day the planning and land authority receives the new application, the authority must—

(a) reconsider the original decision; and

(b) after reconsideration—

(i) make any decision in substitution for the original decision that the authority could have made on the original application; or

(ii) confirm the original decision.

(2) The 4 weeks mentioned in subsection (1) may be extended for a stated period by agreement between the planning and land authority and the applicant.

(3) In reconsidering the original decision, the planning and land authority—

(a) need not give notice of the new application under section 229; but

(b) must give written notice of the new application to anyone who objected to the grant of approval for the original application, allow the person reasonable time (that is not shorter than 2 weeks) to make a submission on the new application, and consider any submission made within the time allowed.

(4) Also, in reconsidering the original decision, the planning and land authority—

(a) must consider any information available to it when it made the original decision and information given in the new application; and

(b) may consider any other relevant information.

1 information from submissions by objectors

2 information from an assessment or panel ordered under s 236

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 2001, s 126 and s 132).

(5) The planning and land authority must ensure that, if the original decision is made on its behalf by a person (the original decision-maker), the authority or someone other than the original decision-maker reconsiders the decision.

If the planning and land authority does not make a substitute decision, nor confirm the original decision, within the 4 weeks mentioned in section 246A, the planning and land authority is taken to have confirmed the original decision.

(1) As soon as practicable after reconsidering the original decision, the planning and land authority must give written notice of the decision on the reconsideration to the applicant and anyone who was given notice of the new application under section 246A (3) (b).

(2) The notice must be in accordance with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, section 25B (1).

the relevant authority who gave the approval

the planning and land authority

(c) to each person who had objected under section 237 (Objections—general) to the grant of the approval; and

(d) to any relevant Territory authority.

If the planning and land authority is satisfied that an approval contains a formal error, the authority must—

(1) This section is subject to sections 230 (4) and 245 (3) (d).

Note Section 230 (4) prevents an approval of a development application for an activity not permitted by the lease from taking effect until the lease is varied. Section 245 (3) (d) allows a condition to be included in an application for approval that the approval does not take effect until a specified approval is given, amended or varied.

(2) An approval under section 230 (Approvals) takes effect—

(a) if no objection to the relevant application has been made under section 237—on the day the approval is given; or

(b) if an objection to the relevant application has been made under section 237 and no application has been made to the AAT for review of the decision within 4 weeks after the day of the decision—on the day after the end of the period of 4 weeks; or

(c) if application is made to the AAT for a review of the decision to grant the approval and the tribunal decides to confirm the decision (whether or not a condition is varied, omitted or imposed)—on the day the tribunal makes its decision.

(3) An approval on reconsideration under division 6.2.4 takes effect on the day the decision granting the approval is given.

(4) However, the operation of an approval mentioned in subsection (2) (a) or (3) is stayed if application is made to the AAT for review of the decision to grant the approval.

(5) The stay of the operation of the approval remains in force until the application for review is decided by the tribunal.

the date of the approval.

the day the approval takes effect.

Note For when an approval takes effect, see section 249 (When approvals take effect).

The Minister may revoke an approval—

A relevant authority may revoke an approval given by the authority—

Minister

Environment Minister

Minister

Environment Minister

Minister

authority

the Minister must,

the authority must,

the Minister is,

the authority is,

the Minister shall

the authority must

Minister

authority

Where the Minister or the Executive, by order, directs

If an order under section 256 has the effect of directing

Minister

authority

(2) The planning and land authority must give the registrar-general—

(a) a copy of any order of the kind mentioned in subsection (1); and

(b) written notice of any revocation of such an order.

to whom the Minister

whom the authority

(1) A person whose interests are affected by a decision mentioned in schedule 4, part 4.1, column 4 may apply to the AAT for review of the decision.

(2) A person mentioned in schedule 4, part 4.1, column 2 who makes a decision mentioned in column 4 of the item mentioning the person must give written notice to people whose interests the person believes are affected by the decision.

(3) The notice under subsection (2) must comply with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, section 25B (1).

(1) This section applies if—

(a) an approval given to a person contains a condition that a development is to be carried out to the satisfaction of an entity mentioned in the approval; and

(b) the entity decides that the development has not been carried out to its satisfaction.

Note Section 245 (3) (a) allows a relevant authority to impose a condition of the kind mentioned in s (1) (a).

(2) The entity must give the person written notice of the decision.

(3) The notice must be in accordance with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, section 25B (1).

(4) A person whose interests are affected by a decision mentioned in subsection (1) (b) may apply to the AAT for review of the decision.

(1) A person who is qualified under subsection (1A) may apply to the AAT for review of a decision of the relevant authority to—

(a) approve an application under section 230 or 246A; or

(b) include a condition in an approval.

Note Section 245 deals with inclusion of conditions.

(1A) A person is qualified to make an application under subsection (1) if—

(a) the person objected to the grant of the approval of the relevant application to undertake development under section 237; or

(b) the AAT is satisfied that the person had reasonable grounds for not objecting within the prescribed period.

(1B) An application under subsection (1) must be made within 4 weeks after the day the person was notified of the decision.

(1) This section applies in relation to a decision mentioned in schedule 4, part 4.1.

(1A) The person who made the decision must, as soon as practicable, tell each person who, under section 237, objected to the application in relation to which the decision was made, in writing, about the application to the tribunal.

(3) In this section:

applicant means—

(a) for a decision mentioned in schedule 4, part 4.1, items 1 to 7—the applicant for the decision; or

(b) for a decision mentioned in schedule 4, part 4.1 item 8—the person to whom the approval was granted.

section 229A (7)

section 229B (6)

the Executive, a person or the Minister,

the Minister, the planning and land authority or anyone else,

Executive

planning and land authority

• section 226 (3) (b)

• section 250

Minister

planning and land authority

in the following provisions:

• section 226 (4) (b)

• section 227

• section 228 (1) and (2)

• section 229 (1) (1st mention)

• section 229 (2), (3), (4), (4A), (5) and (6B)

• section 231 (1) (a) (ii)

• section 232 (4)

• section 237 (1A) and (2)

• section 237 (3) (1st mention)

• section 238

• section 239 (1st mention)

• section 244 (1st mention)

• section 245 (3) (m)

• section 245 (4)

• section 252

• section 256 (1)

• section 256 (3) (1st mention)

• section 256 (4)

• section 256 (4A) (1st mention)

• section 256 (4B)

• section 256 (4BA) (1st mention)

• section 256 (4C) (1st mention)

• section 256 (6) (1st mention)

• section 257 (1) (1st mention)

• section 259 (1) (1st mention)

• section 259 (3)

• section 263

• section 264

• section 265

• section 272 (1) (1st mention)

relevant authority

planning and land authority

• section 231 (1)

• section 233

• section 234

• section 243 (2)

• section 247 (2) and (3)

(1) Application may be made to the AAT for review of the following decisions:

(a) a decision mentioned in subsection (3) or (4);

(b) a decision not to register a place under section 69 (1) (b) or 73 (1) (b);

(c) a decision mentioned in schedule 4, part 4.2, column 4.

(2) A person mentioned in schedule 4, part 4.2, column 2, who makes a decision mentioned in column 4 of the item in which the person is mentioned must give written notice to people whose interests the person believes are affected by the decision.

(3) If the Environment Minister, under section 125 (5), fixes a maximum price for the sale by a proponent of a copy of a draft environmental impact statement, the Environment Minister must give written notice of the decision to the proponent.

(4) If the planning and land authority decides to vary a land management agreement under a provision mentioned in section 186C (3), the authority must give written notice of the decision to the other party to the agreement.

(5) A notice under subsection (2), (3) or (4) must comply with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, section 25B (1).

Note Section 160B (Planning and land authority may grant leases) authorises the planning and land authority to grant leases on behalf of the Executive.

(1) The Minister may, in writing, approve forms for section 186C (Land management agreements).

(2) The planning and land authority may approve forms for any other provision of this Act.

(3) If a form is approved for a particular purpose, the form must be used for that purpose.

Note For other provisions about forms, see Legislation Act 2001, s 255.

(4) A form approved for section 186C is a disallowable instrument.

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

(5) A form approved for any other provision is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act 2001.

(1) This section applies if a lessee has obtained the consent of the Minister under the City Area Leases Ordinance 1936, section 28 as in force at any time before 19 December 1973 to the assignment or transfer of a lease or an interest in the lease, either at law or in equity.

(2) For section 180 (1) (Transfer of land subject to building and development provision), the consent is taken to be a consent under this Act, section 180 (2).

(3) This section expires 1 year after it commences.

(4) Subsections (1) and (2) are declared to be provisions to which the Legislation Act 2001, section 88 (Repeal does not end transitional or validating effect etc) applies.

• AAT

new application, for subdivision 6.2.4 (Reconsideration of applications for approval)—see section 245A.

original application, for subdivision 6.2.4 (Reconsideration of applications for approval)—see section 245A.

original decision, for subdivision 6.2.4 (Reconsideration of applications for approval)—see section 245A.

Minister shall

planning and land authority must

Minister shall

planning and land authority must

Minister shall

planning and land authority must

section 226

section 230

226 (5)

226 (9)

229A (7) (d)

229B (6) (c)

229A (7) (d)

229B (6) (c)

Executive

planning and land authority

• regulation 11

• schedule 1, item 4

Minister

planning and land authority

• regulation 16 (1)

• regulation 17

• regulation 18

• regulation 19 (1)

• regulation 21 (3)

• regulation 22

• regulation 23 (1)

• regulation 24 (2)

• regulation 28

• regulation 29

• regulation 30 (1)

• regulation 32 (3)

• regulation 33 (2)

• regulation 34 (2)

• regulation 41

• schedule 1, item 24

• schedule 4, items 7 and 8

Minister

relevant authority

• regulation 39 (1) (a) (ii) and (iii)

• regulation 39 (1) (b) (ii) and (iii)

• regulation 39 (1) (c) (ii), (iii), (iv) and (v)

• regulation 39 (1) (d) (ii), (iii), (iv) and (v)

lease—see Land Act, section 159.

Minister

planning and land authority

Territory planning authority

planning and land authority

Territory planning authority

planning and land authority

for a term of years

(a) is on land held under a lease or tenancy from the Commonwealth by a person other than the Territory; or

(b) is on land held under a sublease or tenancy from the Territory.

(2) If the planning and land authority proposes to suspend or cancel the approval of the scheme, the authority must give the trustees of the scheme a written notice—

(a) stating the grounds on which the authority proposes to suspend or cancel the approval; and

(b) stating the facts that, in the authority’s opinion, establish the grounds; and

(c) telling the trustees that the trustees may, within in stated reasonable time, give a written response to the authority about the matters in the notice.

(3) If, after considering any response given to the planning and land authority under subsection (2) (c), the authority is satisfied that the grounds for suspending or cancelling the approval have been established, the authority may, in writing, suspend or cancel the approval.

(4) If the planning and land authority suspends or cancels an approval, the authority must give written notice of the suspension or cancellation to the trustees.

(1) The planning and land authority may, in writing, cancel the approval of an approved scheme if the trustees of the scheme ask the authority, in writing, to do so.

(2) If the planning and land authority cancels the approval, the authority must give written notice of the cancellation to the trustees.

(1) If the planning and land authority suspends or cancels the approval of a fidelity fund scheme under this division, the authority may apply to the Supreme Court for orders to give effect to, or consequential on, the suspension or cancellation.

(3) The planning and land authority must give the trustees notice of the authority’s decision to approve or refuse to approve the appointment.

(4) If the planning and land authority refuses to approve an appointment, the notice must include the reasons for the refusal.

(2) The person may give information to the planning and land authority about the approved scheme if the person considers that giving information will assist the authority to exercise the authority’s functions under this part.

Minister

planning and land authority

• section 25 (1)

• section 67

• section 68 (1)

• section 68 (2) (1st mention)

• section 68 (3)

• section 69

• section 72 (1)

• section 73

• section 76

• section 77 (1) (1st mention)

• section 78 (1)

• section 81

• section 82 (3) (a)

• section 83 (1) and (2)

• section 84

• section 88

• section 86

• section 89 (3) (1st mention)

• section 89 (5)

• section 92

• section 93 (1) (1st mention)

• section 93 (3)

• section 93 (4) (1st mention)

• section 93 (5) (b)

• section 93 (7) (1st mention)

• section 94 (1) (a)

• section 95

Minister

authority

• section 68 (2) (2nd mention)

• section 68 (2) (a)

• section 77 (1) (2nd mention)

• section 89 (3) (2nd mention)

• section 93 (1) (b)

• section 93 (4) (2nd mention)

• section 93 (7) (a) and (b)

Minister

authority

Minister

planning and land authority

• section 23

• section 24

• section 26 (a)

• section 28

(in the Minister’s opinion)

(in the opinion of the planning and land authority)

(2) The planning and land authority may refuse to approve an application under the Land Act, part 6 (Approvals and orders) 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.

(Ministerial authorisation)

(Authorisation of amendment)

(b) the authorisation of the amendment under section 23 (Authorisation of amendment); and

(d) the Minister;

(e) the planning and land authority.

(b) the Minister;

(c) the planning and land authority.

Minister

planning and land authority

• section 8 (1)

• section 9

• section 10

• section 11 (1st mention)

• section 12 (1st mention)

• section 13 (2) and (4)

• section 14 (1st mention)

• section 15 (2)

• section 16 (2)

• section 22

• section 23

• section 24 (2)

• section 64 (a) and (b) (i)

• section 65 (b)

• section 81

• section 93

• section 94 (1st mention)

• section 97

Minister

authority

• section 11 (2nd mention)

• section 12 (2nd mention)

• section 14 (2nd mention)

• section 64 (b) (ii)

• section 94 (2nd mention)

(b) the planning and land authority; and

planning authority

planning and land authority

planning authority

planning and land authority

maintenance; and

maintenance.

(a) to hold land on lease from the Commonwealth, whether the lease is granted to the commissioner directly or is transferred to the commissioner by the previous holder of the lease; and

to the Executive.

to the planning and land authority.

under the Leases Act 1918 as

under the Leases Act 1918

Minister

planning and land authority

• section 50 (1) (d)

• section 103 (4)

• section 113

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

the chief executive of the administrative unit responsible for the administration of the Unit Titles Act 2001

the planning and land authority

(1) This section applies if the planning and land authority grants further leases under the Land (Planning and Environment) Act 1991, section 171, 171A or 172 of the units and the common property forming part of a registered units plan.

(2) On lodgment of the instruments granting the leases, the registrar-general must—

(a) register the instruments; and

(b) write on the units plan the memorials necessary to show that the further leases have been granted, and the date of the end of their terms.

chief planning executive—see the Planning and Land Act 2002, dictionary.

land development agency means the Land Development Agency established under the Planning and Land Act 2002, section 37 (1).

planning and land council means the Planning and Land Council established under the Planning and Land Act 2002, section 24.

planning and land authority means the Planning and Land Authority established under the Planning and Land Act 2002, section 6 (1).

a certificate by the relevant chief executive that, in his or her opinion,

must be accompanied by a certificate by the planning and land authority that, in its opinion,

a certificate by the relevant chief executive that, in his or her opinion,

must be accompanied by a certificate by the planning and land authority that, in its opinion,

a certificate by the relevant chief executive that, in his or her opinion,

must be accompanied by a certificate by the planning and land authority that, in its opinion,

relevant chief executive

planning and land authority

(1) If the planning and land authority considers that the rent proposed in a unit title application to be reserved for the lease of 1 or more units is not reasonable in the circumstances, the authority must determine what rent is reasonable for the relevant unit or units.

Minister’s

planning and land authority’s

(3) If the total rent for all units, worked out in accordance with the planning and land authority’s determination, equals the rent payable under the lease of the parcel when the determination is made, a decision (under part 14 (Administrative review)) on an objection or review of the authority’s determination must not change the total amount.

If a unit title application provides for a staged development, the planning and land authority may, before approving the application under section 20, amend the development statement if the authority considers it reasonable to do so to minimise the adverse effect of the development on anyone’s amenity while it is taking place.

1 owners or occupiers of units

2 owners or occupiers of nearby premises

3 members of the public who regularly use the surrounding area

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 2001, s 126 and s 132).

(1) If the planning and land authority approves a unit title application for a parcel, the authority must give the lessee of the parcel—

Minister’s

planning and land authority’s

(1) If the planning and land authority has approved a unit title application, the lessee of the parcel may submit to the authority for endorsement under this section a units plan consisting of the following documents:

(3) The planning and land authority may amend the development statement despite the applicant’s failure to obtain an interested person’s agreement if the authority is satisfied on reasonable grounds that—

(4) The planning and land authority may refuse to amend the development statement if, in the authority’s opinion based on reasonable grounds, the amendment would result in the development having a significantly adverse effect on anyone’s amenity while it is taking place.

1 owners or occupiers of units

2 owners or occupiers of nearby premises

3 members of the public who regularly use the surrounding area

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 2001, s 126 and s 132).

(3) The planning and land authority may amend the development statement despite the applicant’s failure to obtain an interested nonvoter’s agreement if the authority is satisfied on reasonable grounds that—

(4) The planning and land authority may refuse to amend the development statement if, in the authority’s opinion based on reasonable grounds, the amendment would result in the development having a significantly adverse effect on anyone’s amenity while it is taking place.

1 owners or occupiers of units

2 owners or occupiers of nearby premises

3 members of the public who regularly use the surrounding area

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 2001, s 126 and s 132).

(ii) a copy of the certificate mentioned in subsection (1) (b) (ii).

(4) On application by the applicant for the provisional damage order, if the planning and land authority is satisfied that approval under this Act or any other relevant Territory law for the unit redevelopment would still have been given if the proposals for the subdivision of the parcel under this Act, or any other relevant development proposals, had shown the units plan as it is proposed to be altered by the unit redevelopment, the authority must give the applicant a certificate to that effect.

Note 1 A fee may be determined under s 179 (Determination of fees) for this section.

Note 2 If a form is approved under s 180 (Approved forms) for an application, the form must be used.

(1) On the variation of the lease of a unit, the planning and land authority may, by written notice to the registrar-general, direct that the schedule of unit entitlement be amended if the authority considers it necessary to do so to reflect accurately any change in the relative improved values of the units because of the variation.

(2) On the registration of the planning and land authority’s direction to amend the schedule of unit entitlement, the units plan is amended accordingly.

(c) all those easements are enforceable by and against the planning and land authority as if the authority were the owner of the unit; and

(3) However, the planning and land authority is not required to notify a person with an interest in a parcel, or an interested nonvoter, of a reviewable decision if the authority is not, and could not reasonably be, aware of the person’s interest because of the process of reaching the decision.

development statement means a statement about a staged development, accompanying a unit title application (as amended under section 22 (Unit title applications—amendment of development statement by authority), or amended under section 29 (Amendment of development statements before registration) or section 30 (Amendment of development statements after registration)).

Minister

planning and land authority

• section 17 (1)

• section 20 (1) to (4)

• section 20 (5) (1st mention)

• section 23 (2)

• section 24 (2) and (4)

• section 27 (3) (1st mention)

• section 28

• section 29 (1) and (2)

• section 29 (5)

• section 30 (1)

• section 30 (2) (1st mention)

• section 30 (5) (a)

• section 51 (7)

• section 91 (1) (d)

• section 146

• section 149

• section 154 (1) (b) and (3) (b) (i)

• section 155

• section 160

• section 163 (1) (c)

• section 166 (3)

• section 171 (1)

• section 173 (1) and (2)

• section 174

• section 175 (2)

• section 180

• section 186 (1)

• dictionary, definition of eligible person, paragraph (d)

Minister

authority

• section 20 (5) (a)

• section 23 (1) (a) (i)

• section 27 (3) (a) and (c)

• section 30 (2) (a)

• section 30 (5) (b)

• section 170 (2) (d)

(c) include a requirement that after the completion of any stated stages of the development, and after the completion of the entire development, the planning and land authority is to be provided with a report by a registered surveyor about the position of fully or partially completed buildings in relation to the boundaries of the units and of the parcel.

Note If a form is approved under the Act, s 180 (Approved forms) for a report, the form must be used.

(1) If the planning and land authority approves a unit title application, the authority must—

Minister

planning and land authority

• regulation 3

• regulation 8, note 1

• regulation 18

• regulation 20

• schedule 2, clause 1

• schedule 3, clauses 1 (2) and 2

planning authority

planning and land authority

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

2 The Legislation Act 2001, s 133 deals with the meaning of offence penalties that are expressed in penalty units.