2004

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Urban Services)

2004

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Urban Services)

An Act to facilitate the construction of the Gungahlin Drive extension, and for other purposes

1 Canberra is a growing, thriving city.

2 It is an important part of planning for the ACT that the needs of all Canberrans are weighed in any decision.

3 The Gungahlin Drive extension (the GDE), including alternatives to it, has been considered at length by the community and its representatives. Preliminary assessments covering environmental issues have been undertaken as well as an extensive process of public consultation.

4 The GDE is designed to provide appropriate access for all Canberrans to and from Gungahlin, and is a crucial link in Canberra’s transport network.

5 After careful consideration, and weighing the advantages and disadvantages to different community groups, the Legislative Assembly considers that—

• Canberrans should be able to enter and leave Gungahlin with ease

• the GDE is the best way to facilitate this

• work for the GDE should be allowed to proceed

• further litigation about the GDE is expensive and divisive and does not reflect the wishes of the Canberra community as a whole.

6 For these reasons, the Legislative Assembly wishes to facilitate the construction of the GDE, and the carrying out of all works related to the construction of the GDE.

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

This Act is the Gungahlin Drive Extension Authorisation Act 2004.

This Act commences 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.

Note 2 A definition in the dictionary 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 Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

(1) In this Act:

GDE means—

(a) the Gungahlin Drive extension, proposed to run from the Barton Highway to the Glenloch Interchange, substantially as shown in the plans mentioned in the following reports:

(i) Gungahlin Drive Extension Document Readiness Report, February 2004 Package A, Project No US 01176C-01, plan numbers 32416A-PP-061, 062, 063, 064, 065 and 066;

(ii) Gungahlin Drive Extension Document Readiness Report, February 2004 Package B, Project No US 01176C-02, plan numbers 32416B-PP-061 and 062; or

Note 1 The plans are available for public inspection at Roads ACT, level 7, Macarthur House, 12 Wattle Street, Lyneham ACT 2602.

Note 2 The plans are also available for public inspection at www.gde.act.gov.au/download/alignment_details.htm.

(b) if the Minister approves an amendment of a plan mentioned in paragraph (a)—the Gungahlin Drive extension as described in paragraph (a), as amended.

(2) The Minister may, in writing, approve an amendment of a plan mentioned in subsection (1), definition of GDE, paragraph (a).

(3) An approval is a notifiable instrument.

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

(1) The Minister may, in writing, declare that stated works are—

(a) part of the construction of the GDE; or

(b) related to the construction of the GDE.

(2) A declaration is a disallowable instrument.

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

(3) If the Minister makes a declaration under subsection (1) (a) in relation to works, the works are taken to be part of the construction of the GDE for this Act.

(4) If the Minister makes a declaration under subsection (1) (b) in relation to works, the works are taken to be related to the construction of the GDE for this Act.

The amendments of the Land (Planning and Environment) Regulations 1992 made by the Land (Planning and Environment) Amendment Regulations 2004 (No 1) SL2004-12 have effect, and are taken to have had effect from the day after their notification day, as if they had been enacted by an Act.

(1) In this section:

GDE includes works that are part of, or related to, the construction of the GDE (see section 6).

Land Act means the Land (Planning and Environment) Act 1991.

preliminary assessment—see the Land Act, section 111.

(2) Nothing in the Land Act is to be taken to require—

(a) a further or additional preliminary assessment of the environmental impact of the GDE to be undertaken; or

(b) any other assessment or inquiry in relation to the GDE to be undertaken under the Land Act, part 4 (Environmental assessments and inquiries); or

(c) any other action in relation to the GDE to be taken under the Land Act, part 4.

(3) Subsection (1) applies whether or not a preliminary assessment already undertaken in relation to the GDE complied with the Land Act.

(4) This section has effect despite any other Territory law, whether passed before or after the commencement of this Act.

(1) In this section:

authorisation means—

(a) an approval, licence, permit or consent (however described) required or allowed to be given under a relevant law; or

(b) anything else prescribed under the regulations that is required or allowed to be given under a relevant law.

in relation to the GDE includes—

(a) in relation to works that are part of the construction of the GDE under section 6; and

(b) in relation to works that are related to the construction of the GDE under section 6.

relevant decision-maker, for an authorisation required or allowed to be given under a relevant law, means the person authorised under the relevant law to give the authorisation.

relevant law means each of the following:

(c) the Environment Protection Act 1997;

(d) the Heritage Act 2004;

(e) the Nature Conservation Act 1980;

(f) the Land (Planning and Environment) Act 1991;

(g) a Territory law prescribed under the regulations.

(2) The Minister may, in the Minister’s absolute discretion and in writing, give any authorisation in relation to the GDE.

(3) The authorisation may be given on conditions decided by the Minister, in the Minister’s absolute discretion.

The Minister may impose stated environmental controls on the authorisation.

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).

(4) To remove any doubt and without limiting subsection (2) or (3), in making a decision under this section in relation to an authorisation required or allowed to be given under a relevant law, the Minister may have regard to (but is not required to have regard to, consider or otherwise comply with) any requirement, precondition or other provision relating to the making of a decision of that kind under the relevant law.

In deciding under the Land (Planning and Environment) Act 1991, section 230, an application for a development approval in relation to the GDE, the Minister is not required to consider the matters mentioned in section 231 (1) (a). However, the Minister may consider some or all of those matters if the Minister chooses to do so.

(5) The Minister may give an authorisation (the later authorisation) under this section in relation to a matter whether or not the relevant decision-maker has already given an authorisation under the relevant law in relation to the matter.

(6) However, if the relevant decision-maker has already given an authorisation (the original authorisation) under the relevant law in relation to the matter, the original authorisation is, by force of this subsection, taken to have been revoked by the giving of the later authorisation.

(7) If the Minister gives an authorisation under this section, the relevant law and all other Territory laws apply in relation to the authorisation as if—

(a) the Minister were the relevant decision-maker for the authorisation; and

(b) the authorisation were given under this Act and the relevant law; and

(c) all necessary changes, and any changes prescribed under the regulations, were made.

(8) This section has effect despite any other Territory law, whether passed before or after the commencement of this Act, but subject to section 10.

(9) An authorisation under subsection (2) is a notifiable instrument.

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

(1) In this section:

authorisation means a section 9 authorisation.

(2) The giving of an authorisation does not create a right, other than a right given under the authorisation to—

(a) the person (the recipient) to whom the authorisation is given; or

(b) anyone acting under the authorisation with the recipient’s authority.

(3) Accordingly, a decision to give (or not give) an authorisation is final and conclusive.

(4) The imposition of a condition on an authorisation does not create a right in anyone other than the Territory.

(5) Accordingly, a decision to impose (or not to impose) a condition on an authorisation is final and conclusive.

(6) To remove any doubt and without limiting subsections (3) and (5), the following provisions do not apply to decisions mentioned in those subsections:

(a) the Environment Protection Act 1997, part 14 (Administrative review);

(b) the Heritage Act 2004, part 17 (AAT review of decisions);

(c) the Land (Planning and Environment) Act 1991, part 7 (Administrative appeals);

(d) the Nature Conservation Act 1980, part 11 (Review by the administrative appeals tribunal);

(e) a Territory law relating to the review of decisions that is prescribed under the regulations.

(7) This section has effect despite any other Territory law, whether passed before or after the commencement of this Act.

(1) A person must not bring a court proceeding in relation to a section 9 authorisation unless the proceeding is brought within 21 days after the day the authorisation is notified under the Legislation Act.

(2) This section has effect despite any other Territory law, whether passed before or after the commencement of this Act.

(1) This section applies if an authorisation required in relation to the GDE, or to works that are part of, or related to the construction of the GDE, has not been applied for or otherwise sought.

Note For works that are part of, or related to, the construction of the GDE, see s 6.

(2) A person must not bring a court proceeding alleging, in substance or effect, that the authorisation has not been given unless the person has given the Minister written notice of the allegation at least 14 days before the day the person brings the proceeding.

(3) This section has effect despite any other Territory law, whether passed before or after the commencement of this Act.

(4) In this section:

authorisation—see section 9 (1).

The Executive may make regulations for this Act.

Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.

(1) This Act expires—

(a) 5 years after the day it commences; or

(b) if another date is prescribed under the regulations—on the date prescribed.

(2) This Act is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

insert

7 This Act does not apply to decisions under the Gungahlin Drive Extension Authorisation Act 2004.

(c) approve or refuse the application under section 230.

planning and land authority shall

relevant authority must

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 terms:

• change

• in relation to

• must (see s 146)

• under.

court includes the AAT.

GDE—see section 5.

give includes grant and issue (however described).

section 9 authorisation means an authorisation under section 9 (2).

works includes the following:

(a) the construction, alteration, extension or demolition of buildings or structures;

(b) landscaping;

(c) tree-felling;

(d) excavations;

(e) the installation, or relocation, of utilities;

(f) earthworks;

(g) any other activity prescribed under the regulations.

Presentation speech made in the Legislative Assembly on 2004.

Notified under the Legislation Act on 2004.

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