PUBLIC UNLEASED LAND ACT 2013 (NO. 3 OF 2013)

(2) This section does not apply to the amendment or suspension of a licence under section 23 (Temporary amendment or suspension of licence— Public Unleased Land Act).

[2.11] Section 40 (1) (b)

substitute

(b) an authorised person appointed under the Public Unleased Land Act 2013

, section 89 (1) (Authorised people);

[2.12] Section 42 (6), definition of identity card , new paragraph (aa)

insert

(aa) for an authorised person mentioned in section 40 (1) (b)—an identity card issued under the Public Unleased Land Act 2013

, section 90 (2); or

Part 2.6 Liquor Regulation 2010

[2.13] Section 6 (2) (d)

substitute

(d) each outdoor dining area at the premises, including whether a public unleased land permit or unleased land licence is in force for the area.

[2.14] Schedule 1, section 1.9 (3) and (4)

substitute

(3) If an outdoor dining area at licensed premises is located on unleased territory land, the licensee must—

(a) hold—

(i) a public unleased land permit for the area; or

(ii) an unleased land licence for the area; and

(b) keep a copy of the public unleased land permit or unleased land licence at the licensed premises.

(4) If a public unleased land permit or unleased land licence ceases to be in force for an outdoor dining area at licensed premises, the licensee must apply to the commissioner for amendment of the licence under the Act

, section 39 (Licence—amendment for change to floor plan of licensed premises).

[2.15] Dictionary, definition of public place permit and note

substitute

"public unleased land permit", for an outdoor dining area, means a public unleased land permit under the Public Unleased Land Act 2013

authorising a licensee to use the area for outdoor dining.

Part 2.7 Planning and Development Act 2007

[2.16] Section 7 (1), definition of development , paragraph (g)

substitute

(g) putting up, attaching or displaying a sign or advertising material other than in accordance with—

(i) a licence issued under this Act; or

(ii) a sign approval under the Public Unleased Land Act 2013

, section 25 (Approval to place sign on public unleased land); or

(iii) a public unleased land permit under the Public Unleased Land Act 2013

[2.17] Section 134 (6)

substitute

(6) Also, the authorised use of the land, building or structure stops being exempt from requiring development approval if—

(a) the use was authorised by—

(i) a licence under this Act; or

(ii) a sign approval or work approval under the Public Unleased Land Act 2013

; or

(iii) a public unleased land permit under the Public Unleased Land Act 2013

; and

(b) the licence, approval or permit—

(i) has expired and has not been renewed on an application to renew the licence or permit made within 6 months after the day of expiry; or

(ii) ends other than by expiring.

[2.18] Section 134 (8), definition of authorised use , paragraph (a) (iii) and (iv)

substitute

(iii) a sign approval or work approval under the Public Unleased Land Act 2013

;

(iv) a public unleased land permit under the Public Unleased Land Act 2013

;

(v) a provision of chapter 15 (Transitional); and

[2.19] Section 204 (1) (b) (iii) and (iv)

substitute

(iii) a sign approval or work approval under the Public Unleased Land Act 2013

; or

(iv) a public unleased land permit under the Public Unleased Land Act 2013

; or

(v) section 247; and

[2.20] Section 204 (3) (b)

substitute

(b) the use is authorised by a relevant authorisation and the relevant authorisation ends—

(i) whether on expiry or otherwise; and

(ii) even if renewed; or

[2.21] Section 204 (4)

substitute

(4) The use of the land, or building or structure, is lawful while authorised by a lease for the land, a licence, an approval, a permit or section 247, despite any other provision of this Act.

[2.22] Section 204 (5), new definition of relevant authorisation

insert

"relevant authorisation" means—

(a) a licence under this Act; or

(b) a sign approval or work approval under the Public Unleased Land Act 2013

; or

[2.23] Section 305 (a) and (b)

substitute

(a) the person holds a sign approval, work approval, or public unleased land permit, to use the area under the Public Unleased Land Act 2013

; and

(b) the person uses the area in accordance with the approval or permit; and

[2.24] Schedule 2, item 5

substitute

5

using unleased territory land in a way that is not authorised by—

(a) a licence under this Act; or

(b) a sign approval or work approval under the Public Unleased Land Act 2013

; or

(c) a public unleased land permit under the Public Unleased Land Act 2013

60 penalty units

Part 2.8 Planning and Development Regulation 2008

[2.25] Section 29 (h)

substitute

(h) that 1 of the following is granted in relation to the occupation or use of the land:

(i) a licence under the Act;

(ii) a sign approval or work approval under the Public Unleased Land Act 2013

;

(iii) a public unleased land permit under the Public Unleased Land Act 2013

;

[2.26] Schedule 1, section 1.67, note 3

substitute

Note 3 Other laws, including the Public Unleased Land Act 2013

, deal with placement of signs.

[2.27] Schedule 1, section 1.68

substitute

1.68 Moveable signs on public unleased land

(1) The display of a moveable sign on public unleased land if—

(a) the sign does not impede public access to a place (including public unleased land); and

(b) the surface area of any side of the sign is not more than 1.5m ²; and

(d) the display of the sign complies with the prescribed general exemption criteria that are applicable to the development.

Note 1 Prescribed general exemption criteria —see s 1.66.

Note 2 Other laws, including the Public Unleased Land Act 2013

, deal with placement of signs.

(2) In this section:

"moveable sign" means a sign that is not fixed to a building or structure.

"public unleased land"—see the Public Unleased Land Act 2013

, section 8.

[2.28] Schedule 1, section 1.69, note 3

substitute

Note 3 Other laws, including the Public Unleased Land Act 2013

, deal with placement of signs.

[2.29] Schedule 1, section 1.104 (1), note 3

substitute

Note 3 If unleased land is affected by the landscape gardening, a licence under the Act or a public unleased land permit under the Public Unleased Land Act 2013

may be required.

Part 2.9 Surveyors Act 2007

[2.30] Dictionary, new definitions

insert

"public road"—see the Public Unleased Land Act 2013

, section 9.

"public unleased land"—see the Public Unleased Land Act 2013

, section 8.

[2.31] Dictionary, definition of survey , paragraph (c)

substitute

Part 2.10 Tree Protection Act 2005

[2.32] Section 19 (1) (d) (iv)