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This is a Bill, not an Act. For current law, see the Acts databases.
2013
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for the Environment and Sustainable Development)
Contents
Page
2013
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for the Environment and Sustainable Development)
Planning, Building and Environment Legislation Amendment Bill 2013
A Bill for
An Act to amend legislation about planning, building and the environment, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Planning, Building and Environment Legislation Amendment Act 2013.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
This Act amends the following legislation:
•
•
•
•
•
•
•
•
•
•
.
(1) The following legislation is repealed:
•
(A2004-71)
•
(SL2004-60).
(2) All other legislative instruments under the Electricity (Greenhouse Gas Emissions) Act 2004
are repealed.
5 Certificates of
occupancy
Section 69 (4) (b)
omit
signed by an inspector
before the note, insert
(c) a certificate under the Gas Safety Act 2000
that the gas fitting work carried out in building work complies with the
prescribed requirements for the building work relating to gas fitting work is
evidence of the fact.
Part 3 Building (General) Regulation 2008
7 Exemption from part of
Act
Schedule 1, part 1.3, item 25, column 4
omit
s 47
substitute
s 48
Part 4 Construction Occupations (Licensing) Regulation 2004
8 Services that may be provided without
licence
Section 35 (3), definition of relevant asbestos
qualification
substitute
relevant asbestos qualification means a qualification declared
under the
, section 48 (2).
9 Divisions, sections and
blocks
Section 6 (3) and note
substitute
Note The Minister must determine a distinguishing name for each
division—see the
, s 3 (1) (a).
Part 6 Electricity Safety Regulation 2004
substitute
2 Exemption from inspection etc—Act, s 4 (2)
The wiring or a component of an electrical installation for a lift or
escalator being installed on the load side of a circuit-breaker in the motor
room for the lift or escalator is a prescribed circumstance.
Part 7 Planning and Development Act 2007
11 Draft plan variations to be given to
Minister etc
Section 69 (2) (b)
substitute
(b) a written report setting out the issues raised in any consultation comments about the variation; and
12 Form of development
applications
Section 139 (2) (b) (ii)
substitute
(ii) if the land to which the application relates is public land or unleased land—
(A) if the development is a driveway verge crossing for a single or dual occupancy development—the custodian for the land or the planning and land authority; or
(B) in any other case—the custodian for the land; or
13 EIS not required if development
application exempted
Section 211 (5)
substitute
(5) An exemption expires—
(a) if the other study is an environmental impact statement prepared under
the
(Cwlth), part 8 (Assessing impacts of controlled actions) and approval of action in relation to the development has been given under that Act
, part 9 (Approval of actions)—when the approval expires, or 18 months after the day the exemption is notified, whichever happens later; or
(b) if the other study is an endorsed policy, plan or program under the Environment Protection and Biodiversity Conservation Act 1999
(Cwlth), part 10 (Strategic assessments) and approval of action in relation to the development has been given under that Act
, part 10—when the approval expires, or 18 months after the day the exemption is notified, whichever happens later; or
(c) in any other case—18 months after the day it is notified.
14 Extension of time to commence or
complete works—required fee
Section 298C (3), definition of
period of extension
substitute
period of extension means—
(a) the period of extension approved under section 298B (Extension of time to commence or complete works); or
(b) if an application seeks extensions for 2 or more building and
development provisions in a lease—the longest of the extensions sought and
approved.
Part 8 Planning and Development Regulation 2008
15 When development approvals do not
require amendment—Act, s 198C (3)
Section 35, new note
after subsection (4), insert
Note Exempt developments—see the Act
, s 133 and this regulation, s 20.
substitute
51 Entities relevant for preparation of scoping documents—Act, s 212
(4)
Part 9 Public Place Names Act 1989
17 Meaning of public
place
Section 2, definition of public place
substitute
public place includes an avenue, road, street, geographical feature or place that the public is entitled to use, and any unleased land.
18 Minister to determine
names
Section 3 (1)
substitute
(1) The Minister—
(a) must determine the name of a division of Territory land; and
(b) may determine the name of a public place that is Territory land.
19 Dictionary, new definition of division
insert
division, in relation to land means a division under the Districts Act 2002
, section 6.
20 Reviewable
decisions
Schedule 1, item 1
substitute
|
1
|
20 (6)
|
refusal to approve a unit title application on the grounds of inconsistency
with the heritage register
|
lessee of the parcel
|
Part 11 Water Resources Act 2007
21 Water access
entitlement—special provision for certain entitlements based on surviving
allocations etc
Section 25 (1), new note
insert
Note 2 Section 202 was in pt 20 (Transitional) which expired in 2008. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act
, s 88).
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 11 April 2013.
2 Notification
Notified under the
on 2013.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2013
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