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This is a Bill, not an Act. For current law, see the Acts databases.
DEVELOPMENT APPLICATION (BLOCK 20 SECTION 23 HUME) ASSESSMENT FACILITATION BILL 2008
2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Chief Minister)
Development
Application (Block 20 Section 23 Hume) Assessment Facilitation Bill
2008
Contents
Page
2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Chief Minister)
Development
Application (Block 20 Section 23 Hume) Assessment Facilitation Bill
2008
A Bill for
An Act to facilitate the assessment of a development application in
relation to block 20 section 23 Hume, and for other
purposes
1 A development application has been made for a proposed development that
involves the construction of a data centre and gas powered co-generation
facility on block 1676 District of Tuggeranong.
2 Some members of the Legislative Assembly have expressed concerns about
the proposed development going ahead on the Tuggeranong site.
3 Block 20 section 23 Hume is an available site that appears to be
suitable for the proposed development.
4 The Legislative Assembly considers that—
• the construction of a data centre and gas powered co-generation
facility is important for the ACT
• consideration of an application for development approval on the
Hume site needs to be expedited, and assessment in the merit track can
adequately protect the health of residents and amenity of the ACT in relation to
the proposed development.
5 For these reasons, the Legislative Assembly wishes to facilitate the
processing of a development application in relation to block 20 section 23
Hume.
The Legislative Assembly for the Australian Capital Territory therefore
enacts as follows:
This Act is the Development Application (Block 20 Section 23 Hume)
Assessment Facilitation Act 2008.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
The dictionary at the end of this Act is part of this Act.
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 in this Act.
For example, the signpost definition ‘new development
application—see section 5.’ means that the term ‘new
development application’ is defined in that section.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and s 156 (1)).
A note included in this Act is explanatory and is not part of this
Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the
legal status of notes.
(1) This Act applies to a development application (a new development
application) that is—
(a) for development approval for—
(i) development on block 20 section 23 Hume (the Hume block
development); or
(ii) development related to the Hume block development; and
(b) made before 1 February 2009 or any later date prescribed by
regulation.
Example—par
(a) (ii)
infrastructure to support or facilitate the Hume block
development
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) Without limiting when development is related to the Hume block
development, a regulation may prescribe development that is related to the Hume
block development.
6 Assessment
of new development application
(1) A new development application must be treated for all purposes as if
it were an application for a development proposal in the merit track.
(2) In particular, a new development application must be assessed under
the P&D Act as if it were an application for a development proposal in the
merit track.
7 Public
consultation period
The public consultation period under the P&D Act, division 7.3.4
(Public notification of development applications and representations) for a new
development application is 15 working days.
8 Time
for decision on new development application
The prescribed time period under the P&D Act, section 162 (Deciding
development applications) for a new development application is 30 working
days after the day the application is made.
To remove any doubt, a data centre and gas powered co-generation facility
is a communications facility.
Note Under the Territory plan, a communications facility is a
permitted use for block 20 section 23 Hume.
10 Inconsistency
with P&D Act
This Act applies despite any inconsistency with the P&D Act.
11 Regulation-making
power
The Executive may make regulations for this Act.
Note A regulation must be notified, and presented to the Legislative
Assembly, under the Legislation Act.
This Act expires 1 year after the day it commences.
13 Administrative
Decisions (Judicial Review) Act 1989, schedule 1, new item
13A
insert
13A
|
Planning and Development Act 2007
|
• a decision in relation to a new development application within the
meaning of the Development Application (Block 20 Section 23 Hume) Assessment
Facilitation Act 2008
• a decision in relation to an approval of a new development
application within the meaning of the Development Application (Block 20
Section 23 Hume) Assessment Facilitation Act 2008
|
(see s 3)
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 term:
• ACT.
development application—see the P&D Act,
dictionary.
development approval means a development approval under the
P&D Act, chapter 7 (Development approvals).
development proposal—see the P&D Act,
dictionary.
merit track—see the P&D Act, section 112 (2)
(b).
new development application—see section 5.
P&D Act means the Planning and Development Act
2007.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2008.
2 Notification
Notified under the Legislation Act on 2008.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2008
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