2008

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Chief Minister)

2008

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Chief Minister)

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.

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.

(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.

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.

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.

This Act applies despite any inconsistency with the P&D Act.

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.

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.

Presentation speech made in the Legislative Assembly on 2008.

Notified under the Legislation Act on 2008.

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