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This is a Bill, not an Act. For current law, see the Acts databases.
LAND (PLANNING AND ENVIRONMENT) (COMPLIANCE) AMENDMENT BILL 2003
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Planning)
Land
(Planning and Environment) (Compliance) Amendment Bill
2003
Contents
Page
Part
1.1 Heritage Objects Act
1991 32
Part 1.2 Land
(Planning and Environment) Act 1991 32
Part 1.3 Land
(Planning and Environment) Regulations 1992 38
Part 1.4 Land Titles
Act 1925 39
Part 1.5 Nature
Conservation Act 1980 39
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Planning)
Land (Planning and
Environment) (Compliance) Amendment Bill 2003
A Bill for
An Act to amend the
Land (Planning and
Environment) Act 1991, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Land (Planning and Environment) (Compliance) Amendment
Act 2003.
This Act commences on a day fixed by the Minister by written
notice.
Note 1 The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times
may be fixed, for the commencement of different provisions (see Legislation Act,
s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on
the notification day, it automatically commences on the first day after that
period (see Legislation Act, s 79).
Part
2 Land (Planning and Environment) Act
1991
This part and schedule 2 amend the Land (Planning and Environment) Act
1991.
Note Additional amendments are included in sch 1.
4 LicencesSection
210 (1), new example and note
insert
Example of when a licence might be given to
a person
To allow a building (including a fitting attached to the building) owned or
occupied by the person to encroach onto, over or under an area of unleased
public land.
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).
insert
(4) A person is not required to hold a licence under this section to
occupy or use an area of unleased public land if—
(a) the person holds a permit under the Roads and Public Places Act
1937 to place an object in, over or across the area; and
(b) the area is being occupied or used in accordance with the permit;
and
(c) for an occupation or use that requires an approval under division 6.2
(Approvals)—
(i) the occupation or use has been approved under that division; and
(ii) the person is complying with any conditions under section 245
(Conditional approvals) that apply to the approval.
6 Licences
in respect of land that is not public land
Section 217 (1), new example and
note
insert
Example of when a licence might be given to
a person
To allow a building (including a fitting attached to the building) owned or
occupied by the person to encroach onto, over or under an area of unleased
Territory land that is not public land.
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).
insert
(5) A person is not required to hold a licence under this section to
occupy or use an area of unleased Territory land that is not public land
if—
(a) the person holds a permit under the Roads and Public Places Act
1937 to place an object in, over or across the area; and
(b) the area is being occupied or used in accordance with the permit;
and
(c) for an occupation or use that requires an approval under division 6.2
(Approvals)—
(i) the occupation or use has been approved under that division; and
(ii) the person is complying with any conditions under section 245
(Conditional approvals) that apply to the approval.
substitute
Division 6.3 Orders
Subdivision 6.3.1 Making of
orders
254 Applications to planning and land authority for
orders
(1) A person may apply to the planning and land authority for an order
directed to 1 or more of the following:
(a) the lessee or occupier of a place where a controlled activity was, is
being, or is to be, conducted;
(b) anyone by whom or on whose behalf a controlled activity was, is being,
or is to be, conducted.
(2) The application must state—
(a) the matter about which the order is sought; and
(b) the kind of order sought by the person; and
(c) each person to whom the order sought is to be directed; and
(d) the place in relation to which the order is sought; and
(e) the grounds on which the order is sought.
Note If a form is approved under s 287A (Approved forms) for an
application, the form must be used.
(3) The planning and land authority must give written notice of the
application to—
(a) each person to whom the order sought is to be directed; and
(b) if different from the person or people mentioned in
paragraph (a)—the lessee or occupier of the place in relation to
which the order is sought; and
(c) if the order sought relates to the control of a pest animal or
plant—the conservator; and
(d) if the order sought relates to the pruning of a significant tree under
the Tree Protection (Interim Scheme) Act 2001—the conservator;
and
Note For restrictions on pruning etc a significant tree, see Tree
Protection (Interim Scheme) Act 2001, s 10.
(e) if the order sought relates to the parking of a heavy vehicle on
residential land under the Road Transport (Safety and Traffic Management)
Regulations 2000, division 3.1.3—the road transport
authority.
Note For how documents may be given, see Legislation Act,
pt 19.5.
(4) The notice must—
(a) be accompanied by a copy of the application; and
(b) contain a statement to the effect that the person to whom it is given
may, within 7 days after the day the person is given the notice, make a
submission to the planning and land authority about the making of the
order.
(5) The notice may also include any other information that the planning
and land authority considers appropriate.
254A Decision on application to planning and land
authority for order
(1) Before deciding whether to make an order on an application under
section 254, the planning and land authority must consider any submission made
by a person within 7 days after the day the person was given notice of the
application under that section.
(2) The planning and land authority may decide—
(a) to make an order of the kind sought; or
(b) to make an order (including a different kind of order) that is not
more onerous than the order sought; or
(c) not to make an order.
Example of less onerous order—par
(b)
A person applies for an order for the demolition of an unapproved structure
but the planning and land authority makes an order that a development
application be lodged for the structure within a stated period and, if the
application is not lodged within that period or is not approved, the structure
is to be demolished.
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).
(3) An order may be directed to 1 or more of the following:
(a) the person against whom the order is sought to be directed;
(b) if the planning and land authority considers that the order would be
more appropriately directed to someone else mentioned in section 254 (3) (a) or
(b)—that person.
(4) The planning and land authority is to be taken to have refused to
make the order applied for under section 254 (Applications to planning and land
authority for orders) if the authority fails to decide the application before
the end of the period prescribed under the regulations.
(5) The planning and land authority must refuse to make an order about
the use or management of land in a way that fails to control a pest animal or
plant if—
(a) there is a written agreement between the lessee or occupier of the
land and the Environment Minister about control of the propagation of the pest
animal or plant; and
(b) the authority is satisfied that the lessee or occupier is giving
effect to the agreement.
255 Proposed orders on planning and land
authority’s own initiative
(1) This section applies if the planning and land authority proposes, on
the authority’s own initiative, to make an order (the proposed
order) directed to 1 or more of the following:
(a) the lessee or occupier of a place where a controlled activity was, is
being, or is to be, conducted;
(b) anyone by whom or on whose behalf a controlled activity was, is being,
or is to be, conducted.
(2) The planning and land authority must give written notice of the
proposed order to—
(a) each person to whom the proposed order is directed; and
(b) if different from the person or people mentioned in
paragraph (a)—the lessee or occupier of the place in relation to
which the proposed order is to apply; and
(c) if the proposed order relates to the control of a pest animal or
plant—the conservator; and
(d) if the proposed order relates to the pruning of a significant tree
under the Tree Protection (Interim Scheme) Act 2001—the
conservator; and
Note For restrictions on pruning etc a significant tree, see Tree
Protection (Interim Scheme) Act 2001, s 10.
(e) if the proposed order relates to the parking of a heavy vehicle on
residential land under the Road Transport (Safety and Traffic Management)
Regulations 2000, division 3.1.3—the road transport
authority.
Note For how documents may be given, see Legislation Act,
pt 19.5.
(3) The notice must state—
(a) each person to whom the proposed order is directed; and
(b) the terms of the proposed order and the place in relation to which it
is to apply; and
(c) the grounds for making the proposed order; and
(d) when the proposed order will take effect; and
(e) if appropriate—
(i) the period for compliance with the proposed order; and
(ii) when the proposed order will end (including, for example, on the
happening of an event stated in the order).
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) Also, the notice must contain a statement to the effect that the
person to whom it is given may, within 7 days after the day the person receives
the notice, make a submission to the planning and land authority about the
making of the proposed order.
(5) Further, the notice may include any other information that the
planning and land authority considers appropriate
255A Decision on proposed order on planning and land
authority’s own initiative
(1) Before deciding whether to make the proposed order mentioned in
section 255, the planning and land authority must consider any submission made
by a person within 7 days after the day the person was given notice of the
proposed order under section 255 (2).
(2) The planning and land authority may decide—
(a) to make the proposed order; or
(b) to make an order (including a different kind of order) that is not
more onerous than the proposed order; or
(c) not to make the proposed order.
Example of less onerous order—par
(b)
An order that requires the doing of an act within a period longer than that
stated in the proposed order.
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).
(3) An order may be directed to 1 or more of the following:
(a) the person against whom the proposed order is directed; or
(b) if the planning and land authority considers that the order would be
more appropriately directed to someone else mentioned in section 255 (2) (a) or
(b)—that person.
256 Making of orders on Executive’s own
initiative
(1) The Executive may, on its own initiative, make an order directed to 1
or more of the following:
(a) the lessee or occupier of a place where a controlled activity was, is
being, or is to be, conducted;
(b) anyone by whom or on whose behalf the activity was, is being, or is to
be, conducted.
(2) The Minister must present a copy of an order under subsection (1) to
the Legislative Assembly within 3 sitting days after the day the Executive makes
it.
(3) An order under subsection (1) is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
257 Content of orders
(1) An order must state—
(a) that it is an order under this Act made by the Executive or the
planning and land authority (as appropriate); and
(b) each person to whom the order is directed; and
(c) anyone else who is bound by the order (see section 257B);
and
(d) the terms of the order and the place in relation to which the order
applies; and
(e) the grounds on which the order is made; and
(f) when the order takes effect; and
(g) if appropriate—
(i) the period for compliance with the order; and
(ii) when the order ends (including, for example, on the happening of an
event stated in the order).
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) An order must also contain a statement to the effect that the order
operates until it is revoked or ends in accordance with the order.
(3) An order may direct anyone to whom it is directed—
(a) not to begin a development without approval; or
(b) to stop carrying out a development without approval; or
(c) to stop, or not begin, a controlled activity other than a development;
or
(d) to comply with the terms of an approval to undertake a development;
or
(e) to stop carrying out a development other than in accordance with the
conditions under which an approval to carry out the development was given;
or
(f) to demolish a building or structure, or a part of a building or
structure, that has been constructed or erected without approval or permission
required under a Territory law; or
(g) to demolish a building or structure, or a part of a building or
structure, that encroaches onto, over or under unleased Territory land without
approval granted under a Territory law; or
(h) to restore any land, building or structure that has been altered
without approval or permission required under a Territory law; or
(i) to replace with an identical building or structure any building or
structure that has been demolished without approval or permission required under
a Territory law; or
(j) to clean up a leasehold; or
(k) to prune, in a way stated in the order, a tree, sapling, plant or
shrub that overhangs a public place; or
Note For restrictions on pruning etc a significant tree, see Tree
Protection (Interim Scheme) Act 2001, s 10.
(l) to stop carrying out an activity that is likely to cause soil erosion;
or
(m) to stop carrying out an activity that involves destroying, damaging,
removing or otherwise interfering with vegetation (living or dead) or removing
or otherwise interfering with soil that is—
(i) between the banks of a watercourse; or
(ii) within 20m of a bank of a watercourse; or
(iii) on land having a slope of more than 18° from the horizontal;
or
(n) to manage land held under a rural lease in accordance with the land
management agreement applying to it; or
(o) if the person to whom the order is directed is bound by a land
management agreement—to comply with the land management
agreement.
257A Notice of making of orders
If the Executive or the planning and land authority makes an order, the
Executive or the authority must give notice of the making of the order to the
following:
(a) each person to whom the order is directed;
(b) the applicant (if any) for the order;
(c) the lessee or occupier of the place in relation to which the order
applies;
(d) the registrar-general;
(e) if the order relates to the control of a pest animal or
plant—the conservator;
(f) if the order relates to the pruning of a significant tree under the
Tree Protection (Interim Scheme) Act 2001—the conservator;
and
(g) if the order relates to the parking of a heavy vehicle on residential
land under the Road Transport (Safety and Traffic Management) Regulations
2000, division 3.1.3—the road transport authority;
(h) anyone else whose interests the Executive or the authority believe are
adversely affected by the order.
Note For how documents may be given, see Legislation Act,
pt 19.5.
257B Who is bound by an order?
(1) An order binds each person to whom it is directed.
(2) If an order binds the lessee of the place to which the order applies,
the order also binds anyone who becomes the lessee of the place after the order
is made (a future lessee) to the same extent as if the order had
been directed to that person.
(3) If an order binds the occupier of the place to which the order
applies, the order also binds anyone who becomes an occupier of the place after
the order is made (a future occupier) to the same extent as if the
order had been directed to that person.
(4) However, subsection (2) or (3) does not apply to an order if the order
states that it does not bind a future lessee or a future occupier (as
appropriate) of the lease.
258 Contravening orders
(1) A person commits an offence if—
(a) the Executive or the planning and land authority makes an order
directed to the person; and
(b) the order requires the person to do, or not do, something stated in
the order; and
(c) the person is given notice of the making of the order (whether by
being given a copy of the order or otherwise); and
(d) the person contravenes the order.
Maximum penalty: the amount stated in schedule 5, column 3 in relation to
the activity for which the order was made.
Note A Territory authority is not liable to be prosecuted for an
offence against this section (see Legislation Act, s 121).
(2) An offence against this section is a strict liability
offence.
258A Ending of orders
(1) An order operates until it is revoked or ends in accordance with the
order.
(2) A person who is bound by an order may, in writing, apply to the
Executive or the planning and land authority (as appropriate) for the revocation
of the order.
(3) The application must state the grounds on which the revocation of the
order is sought.
(4) The Executive or the planning and land authority may revoke the order
if satisfied, on reasonable grounds, that the order is no longer necessary or
appropriate.
258B Notice of ending of orders
(1) If an order ends otherwise than by being revoked, the Executive or the
planning and land authority must give written notice of the ending of the order
to the registrar-general.
(2) If the Executive or the planning and land authority revokes an order,
the Executive or authority must give written notice of the revocation
to—
(a) each person to whom the order was directed; and
(b) if different from the person or people mentioned in
paragraph (a)—the lessee or occupier of the place in relation to
which the order applied; and
(c) the registrar-general.
258C Effect of orders about pest animals or
plants
(1) This section applies if an order relates to the control of a pest
animal or plant.
(2) A person to whom the order is directed is not required to hold a
licence under the Nature Conservation Act 1980 for any action required to
comply with the order in relation to the pest animal or plant.
Subdivision 6.3.2 Rectification
work
259 Definitions for sdiv 6.3.2
In this subdivision:
authorised person—see section 259B (1).
rectification work means—
(a) work in relation to a place where a controlled activity is being
conducted to ensure compliance with the approval for the activity; or
(b) the conduct of an activity required under an order that was not
carried out within the period stated in the order.
259A Direction to carry out rectification
work
(1) The Executive or the planning and land authority may direct 1 or more
of the following to carry out rectification work in relation to a controlled
activity:
(a) the lessee or occupier of a place where the activity was or is being
conducted;
(b) anyone by whom or on whose behalf the activity was or is being
conducted.
(2) The Executive or the planning and land authority must give notice of
the direction to—
(a) the person who is required to comply with the direction; and
(b) if different from the person mentioned in paragraph (a)—the
lessee or occupier of the place to which the direction applies.
Note For how documents may be given, see Legislation Act,
pt 19.5.
(3) The notice must state—
(a) that it is a direction under this Act made by the Executive or the
planning and land authority (as appropriate); and
(b) the person who is required to comply with the direction; and
(c) the place in relation to which the direction applies; and
(d) the rectification work required; and
(e) the grounds on which the direction is made; and
(f) that the rectification work must be completed within 7 days after the
day the notice is given to the person or any longer period stated in the
notice.
(4) The notice must also contain a statement to the effect that, if the
rectification work is not completed within the period required by the
notice—
(a) the Executive or the planning and land authority may authorise someone
else to carry out the work; and
(b) the reasonable cost of carrying out the work is a debt to the
Territory by the person who is required to comply with the direction.
(5) This section applies whether or not a proceeding for an offence
against this part has been begun or is about to begin.
259B Authorisation to carry out rectification
work
(1) The Executive or the planning and land authority may authorise a
person (an authorised person) to enter the place to which a
direction under section 259A applies to carry out the rectification work
required by the notice under that section if the work is not completed within
the period required by the notice.
(2) However, the planning and land authority must not give the
authorisation—
(a) until the end of the period within which an application may be made to
the administrative appeals tribunal for the review of the decision to make the
order to which the rectification work relates; or
(b) if an application is made to the administrative appeals tribunal for a
review of the decision—unless the decision is upheld or the application is
withdrawn.
(3) The authorised person must carry out the rectification work in
accordance with the directions of an inspector.
259C Obstructing etc authorised
people
(1) A person commits an offence if—
(a) the person knows that, or is reckless about the fact that, a person is
an authorised person; and
(b) the person obstructs, hinders, intimidates or resists the authorised
person in the exercise of the person’s functions.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) Strict liability applies to subsection (1) (b).
259D Liability for cost of rectification work
The person who is required to comply with a direction under
section 259A (Direction to carry out rectification work) must pay to the
Territory the reasonable cost of any rectification work carried out by an
authorised person to which the direction related.
Note An amount owing under a law may be recovered as a debt in a
court of competent jurisdiction (see Legislation Act, s 177).
259E Determination of criteria for deferral of
rectification work cost
(1) The Executive or the planning and land authority may, in writing,
determine circumstances when the payment of all or part of the cost of
rectification work carried out by an authorised person on a lessee’s
leasehold may be deferred by the lessee.
(2) A determination under subsection (1) is a notifiable
instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
259F Application for deferral of rectification work
cost
(1) A lessee who is required to pay the cost of rectification work carried
out on the lessee’s leasehold may, in writing, apply to the Executive or
the planning and land authority (as appropriate) for the deferment of payment of
all or part of the cost of the rectification work.
(2) The application must state the grounds for the application.
Note If a form is approved under s 287A (Approved forms) for an
application, the form must be used.
259G Deferral of rectification work
cost
(1) The Executive or the planning and land authority may, in writing,
declare that all or part of the cost of rectification work payable by a lessee
is deferred if satisfied that a circumstance determined under section 259E (1)
applies to the lessee.
Note Interest is payable on the deferred amount, see s
259H.
(2) The declaration must state—
(a) the leasehold to which the declaration relates; and
(b) the amount of the cost of the rectification work deferred.
259H Security for deferred rectification work cost
(1) The Executive or the planning and land authority must—
(a) lodge a copy of a declaration under section 259G with the
registrar-general for registration under the Land Titles Act 1925;
and
(b) give a copy of the declaration to the lessee of the leasehold to which
the declaration relates and anyone else who has an interest in the
leasehold.
(2) For the Land Titles Act 1925, section 104 (1) (Lodging of
caveat), the Territory is taken to be a person claiming an interest in the
leasehold to which the declaration relates.
(3) The registration under the Land Titles Act 1925 of the copy of
a declaration under section 259G creates a charge over the leasehold to which
the declaration relates for—
(a) the amount stated in the declaration; and
(b) interest on the amount calculated on a daily basis at the interest
rate applying from time to time under the Taxation Administration Act
1999, section 26 (Interest rate).
259I Payment of deferred rectification work cost
(1) If the full amount of the charge mentioned in section 259H (3) is paid
to the Territory, the Executive or the planning and land authority (as
appropriate) must—
(a) revoke the declaration to which the charge relates; and
(b) lodge a copy of the revocation with the registrar-general for
registration under the Land Titles Act 1925; and
(c) give a copy of the revocation to the lessee of the charged leasehold
and anyone else who has an interest in the leasehold.
(2) The charge is discharged on the registration under the Land Titles
Act 1925 of the copy of the revocation of the declaration.
(3) The lessees of a charged leasehold are liable separately and together
for the payment to the Territory of the full amount of the charge.
(4) A registered charge under this section does not give a power of sale
over the leasehold to which it relates.
Subdivision 6.3.3 Prohibition notices and
injunctions
260 Prohibition
notices—making
(1) This section applies if the planning and land authority believes, on
reasonable grounds, that the giving of a notice under this section (a
prohibition notice) is necessary to prevent or lessen a
significant threat or likelihood of irreversible damage to a thing because of
the conduct, or likely conduct, of a controlled activity.
(2) Also, this section applies whether or not—
(a) an order has been made or is proposed to be made in relation to a
controlled activity; or
(b) a proceeding for an offence against this part has begun or is about to
begin.
(3) The planning and land authority may give a prohibition notice to 1 or
more of the following:
(a) the lessee or occupier of a place to which the controlled activity
relates;
(b) anyone by whom or on whose behalf the activity—
(a) was, is being, or is to be, conducted; or
(b) is likely to be conducted.
Note For how documents may be given, see Legislation Act,
pt 19.5.
(4) The prohibition notice must state—
(a) that it is a prohibition notice under this Act; and
(b) each person to whom it is directed; and
(c) that the notice takes effect when it is given to a person to whom it
is directed; and
(d) the grounds on which the notice is given; and
(e) the activity, and the place, in relation to which the notice applies;
and
(f) that the activity—
(i) must not be carried on by the person; or
(ii) must not be carried on by the person except in accordance with the
notice; and
(g) when the notice ends (including, for example, on the happening of an
event stated in the notice).
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).
(5) A prohibition notice takes effect when it is given to a person to
whom it is directed.
(6) To remove any doubt, 2 or more prohibition notices may be given in
relation to the same activity.
260A Contravening prohibition
notices
(1) A person commits an offence if—
(a) the land and planning authority gives a prohibition notice to the
person; and
(b) the notice is directed to the person; and
(c) the notice states that a controlled activity must not be carried on by
the person in relation to a place; and
(d) the person carries on the activity in relation to the place.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
Note A Territory authority is not liable to be prosecuted for an
offence against this section (see Legislation Act, s 121).
(2) A person commits an offence if—
(a) the land and planning authority gives a prohibition notice to the
person; and
(b) the notice is directed to the person; and
(c) the notice states that a controlled activity must not be carried on by
the person in relation to a place except in accordance with the notice;
and
(d) the person carries on the activity in relation to the place otherwise
than in accordance with the notice.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(3) An offence against this section is a strict liability
offence.
260B Prohibition
notices—ending
(1) A prohibition notice remains in force until it ends in accordance
with this section.
(2) A prohibition notice ends on the earlier of the following:
(a) 60 days after the day it is given to a person to whom the notice is
directed;
(b) the notice ends in accordance with the notice;
(c) the notice is revoked.
(3) A person to whom a prohibition notice is directed may, in writing,
apply to the planning and land authority for the revocation of the
notice.
(4) The application must state the grounds on which the revocation of the
prohibition notice is sought.
(5) The planning and land authority may revoke the prohibition notice if
satisfied, on reasonable grounds, that the notice is no longer necessary or
appropriate.
260C Injunctions to restrain contravention of orders
or prohibition notices
(1) This section applies if a person (the relevant person)
has engaged, is engaging, or proposes to engage, in conduct that was, is, or
would be, a contravention of an order or a prohibition notice.
(2) The planning and land authority or anyone else may apply to the
Supreme Court for an injunction.
(3) On application under subsection (2), the Supreme Court may grant an
injunction—
(a) restraining the relevant person from engaging in the conduct;
and
(b) if, in the court’s opinion, it is desirable to do so, requiring
the relevant person to do anything.
(4) The Supreme Court may grant an injunction restraining a relevant
person from engaging in conduct of a particular kind—
(a) if satisfied that the person has engaged in conduct of that kind,
whether or not it appears to the court that the person intends to engage again,
or to continue to engage, in conduct of that kind; or
(b) if it appears to the court that, if an injunction is not granted, it
is likely the person will engage in conduct of that kind, whether or not the
person has previously engaged in conduct of that kind and whether or not there
is an imminent danger of substantial damage to someone else if the person
engages in conduct of that kind.
(5) This section applies whether or not a proceeding for an offence
against this part has begun or is about to begin.
Subdivision 6.3.4 Other
matters
261 Declaration of pest animal or pest
plant
(1) The Environment Minister may, in writing, declare—
(a) an animal to be a pest animal; or
(b) a plant to be a pest plant.
(2) The Environment Minister must not make a declaration unless the
Minister has consulted with—
(a) the flora and fauna committee under the Nature Conservation Act
1980; and
(b) for a proposed declaration under subsection (1) (a)—the animal
welfare advisory committee under the Animal Welfare
Act 1992.
(3) After making a declaration, the Environment Minister—
(a) must arrange for the preparation of a plan for the control of the
propagation of the pest animal or plant; and
(b) if the declaration was made under subsection (1) (a)—may arrange
for the preparation of a code of practice under the Animal Welfare Act
1992 for the pest animal.
(4) A declaration is a disallowable instrument.
Note A disallowable instrument must be notified, and
presented to the Legislative Assembly, under the Legislation Act.
(5) In subsection (1):
animal means any live vertebrate, but does not include a
human being.
9 Conversion
of Commonwealth leasesSection 291
(3)
substitute
(3) In this section:
prescribed law means any of the following laws:
(a) the Leases Ordinance 1918;
(b) the Leases (Special Purposes) Ordinance 1925;
(c) the City Area Leases Ordinance 1936;
(d) the provisions of a law mentioned in paragraph (a), (b) or (c) as in
effect under the National Land Ordinance 1989.
(4) This section (as in force on the commencement of this subsection)
applies to a recision, revocation, amendment or variation of a declaration
mentioned in subsection (1)—
(a) that happens after the commencement of this subsection; or
(b) that happened on or after 21 December 2000 and before the commencement
of this subsection.
(5) Subsection (4) and this subsection expire 3 months after the day of
commencement of this subsection.
Part
3 Public Roads Act
1902
This part amends the Public Roads Act 1902.
11 Notices
of intention to close unnecessary road New
section 19 (1A)
insert
(1A) However, subsection (1) does not apply if the Minister is of the
opinion that it is necessary to partly close the road to give effect to a minor
development mentioned in the Land (Planning and Environment) Regulations
1992, schedule 4, item 22.
renumber subsections when Act next republished under Legislation Act
2001
substitute
20 Closing of roads
(1) If, after considering all objections (if any) made in accordance with
the notice given under section 19 about the closing of a road, the Minister is
satisfied that the road should be completely or partly closed, the Minister may,
after the month mentioned in the notice, declare, in writing, that the road is
completely or partly closed.
(2) The Minister may, in writing, also declare a road is partly closed if
the Minister is of the opinion that it is necessary to give effect to a minor
development mentioned in the Land (Planning and Environment) Regulations
1992, schedule 4, item 22.
(3) On the making of a declaration completely or partly closing a road,
the land included in the closed road, or closed part of the road, is freed from
any rights of the public or anyone to the land as a highway.
(4) A declaration under this section is a notifiable instrument.
Note A notifiable instrument must be notified under the
Legislation Act.
Part
4 Roads and Public Places Act
1937
This part amends the Roads and Public Places Act 1937.
15 Objects
in public placesSection 15A, new
note
insert
Note If a person is authorised to place an object in, over or across
a public place under a licence under the Land (Planning and Environment) Act
1991, a permit under this Act is not also required, see s 15T.
insert
15T Occupation etc of public land under Land Act
licence
A person is not required to hold a permit under this Act to place an object
in, over or across, or otherwise interfere with, a public place
if—
(a) the person holds a licence under the Land (Planning and
Environment) Act 1991 to occupy or use the public place; and
(b) the public place is being occupied or used in accordance with the
licence.
17 Consequential
and other amendments—sch 1
Schedule 1 amends the Acts and regulations mentioned in it.
Schedule
1 Consequential and other
amendments
(see s 17)
Part
1.1 Heritage Objects Act
1991
omit
section 256 (5) (b)
substitute
section 257 (2) (Content of orders)
omit
section 256 (5)
substitute
section 257 (Content of orders)
Part
1.2 Land (Planning and Environment)
Act 1991
substitute
(7) Section 257 (Content of orders) does not apply to an order made for
this section.
[1.4] Section
222, definition of development, paragraphs (f) and
(g)
substitute
(f) if the land is unleased Territory land—a use of the land that is
not authorised by a current licence or permit granted for the land under an Act;
(g) the erection, fixing or displaying of a sign or advertising material
on the land, or on a structure or building on the land, otherwise than in
accordance with a right to do so expressly given by a current licence granted
under this Act, a current lease or a current permit under the Roads and
Public Places Act 1937;
[1.5] Section
222, definition of order
substitute
order means—
(a) an order under division 6.3; or
(b) a decision under another Act that is declared by an Act to be an order
for this part.
[1.6] Section
222, new definition of prohibition notice
insert
prohibition notice—see section 260 (1).
[1.7] New
subdivision 6.2.6
insert
Subdivision 6.2.6 Powers of Supreme Court
253A Injunctions to require compliance with
approvals
(1) This section applies if a person (the relevant person)
has failed, is failing, or proposes to fail, to do something in accordance with
the terms of an approval.
(2) The planning and land authority or anyone else may apply to the
Supreme Court for an injunction requiring the relevant person to do the
thing.
(3) On application under subsection (2), the Supreme Court may grant an
injunction requiring the relevant person to do the thing.
(4) The Supreme Court may grant an injunction requiring the relevant
person to do a thing—
(a) if satisfied that the person has failed to do the thing, whether or
not it appears to the court that the person intends to fail again, or to
continue to fail, to do the thing; or
(b) if it appears to the court that, if an injunction is not granted, it
is likely the person will fail to do the thing, whether or not the person has
previously failed to do the thing and whether or not there is an imminent danger
of substantial damage to someone else if the person fails to do the
thing.
(5) This section applies whether or not a proceeding for an offence
against this part has begun or is about to begin.
[1.8] Sections
264 and 265
substitute
264 Identity cards
(1) The planning and land authority must issue an inspector with an
identity card that states the person is an inspector for this Act, or for stated
provisions of this Act, and shows—
(a) a recent photograph of the person; and
(b) the name of the person or the particulars that are prescribed under
the Magistrates Court Act 1930 as the identifying particulars for the
person (or both); and
(c) the date of issue of the card; and
(d) a date of expiry for the card; and
(e) anything else prescribed under the regulations.
(2) A person commits an offence if—
(a) the person ceases to be an inspector; and
(b) the person does not return the person’s identity card to the
chief executive as soon as practicable (but within 7 days) after the day
the person ceases to be an inspector.
Maximum penalty (subsection (2)): 1 penalty unit.
(3) An offence against this section is a strict liability
offence.
265 Power not to be exercised before identity card
shown
An inspector may exercise a power under this Act in relation to a person
only if the inspector first shows the person his or her identity card.
[1.9] Sections
268 and 270
omit
substitute
277 Review of decisions—orders and prohibition
notices
(1) Application may be made to the administrative appeals tribunal for
review of a decision of the planning and land authority—
(a) to make an order under section 254A (2) (Decision on application to
planning and land authority for order) or section 255A (2) (Decision on
proposed order on planning and land authority’s own initiative);
or
(b) not to make an order under section 254A (2); or
(c) to include in an order under section 254A (2) or 255A (2) a direction
of a kind mentioned in section 257 (3); or
(d) to refuse, under section 258A (4) (Ending of orders), to revoke an
order; or
(e) to give a prohibition notice under section 260 (3) (Prohibition
notices—making); or
(f) to refuse, under section 260B (5) (Prohibition notices—ending),
to revoke a prohibition notice.
(2) A notice given by the planning and land authority to a person in
accordance with section 257A (a), (b), (c) or (g) (Notice of making of orders)
must be in accordance with the requirements of the code of practice under the
Administrative Appeals Tribunal Act 1989, section 25B (1).
[1.11] Schedule
5 heading
omit
(see s 4, s 255)
substitute
(see s 4, s 258)
[1.12] Dictionary,
definition of authorised person
substitute
authorised person—
(a) for subdivision 4.4.3 (Procedures and powers)—see
section 143.
(b) for subdivision 6.3.2 (Rectification work)—see
section 259B (1).
[1.13] Dictionary,
definition of pest animal
substitute
pest animal means an animal declared to be a pest animal
under section 261.
[1.14] Dictionary,
definition of pest plant
substitute
pest plant means an plant declared to be a pest plant under
section 261.
[1.15] Dictionary,
new definitions of prohibition notice and rectification
work
insert
prohibition notice, for part 6 (Approvals and
orders)—see section 260 (1).
rectification work, for subdivision 6.3.2 (Rectification
work)—see section 259.
Part
1.3 Land (Planning and Environment)
Regulations 1992
omit everything before subregulation (1) (a), substitute
39 Prescribed period—Act, s 254A
(4)
(1) The prescribed period is—
omit
section 256 (1)
substitute
section 254 (1)
[1.18] New
regulation 39A
in division 4.3, insert
39A Definition of minor
development—determined criteria
(1) The Minister may, in writing, determine criteria for the dictionary,
definition of minor development, paragraph (h).
(2) A determination is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
[1.19] Schedule
4, new item 22
insert
22
|
A minor development to vary a lease only to incorporate into the lease an
encroachment onto, over or under unleased Territory land from the
lease.
|
[1.20] Dictionary,
definition of minor development
omit
, other than a lease variation,
Part
1.4 Land Titles Act
1925
substitute
72AB Registration etc of orders under Land
Act
(1) This section applies if the registrar-general receives a notice under
the Land Act, section 257A (Notice of making of orders) or section 258A
(Ending of orders) about an order under the Land Act that appears to affect a
Crown lease.
(2) The registrar-general must endorse on the folium of the register
constituted by the relevant certificate of title a memorial in accordance with
this Act about the making or ending of the order.
Part
1.5 Nature Conservation Act
1980
[1.22] Section
61 (1), notes
substitute
Note 1 A person to whom an order under the Land (Planning and
Environment) Act 1991, div 6.3 is directed is not required to hold a licence
under this Act for any action required to comply with the order in relation to
the animal or plant (see that Act, s 258C).
Note 2 If a form is approved under s 80B (Approved forms) for
an application, the form must be used.
Note 3 A fee may be determined under s 83A (Determination of
fees) for this section.
Schedule
2 Technical amendments of Land
(Planning and Environment) Act 1991
(see s 3)
insert
4 Offences against Act—application of Criminal
Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to the following offences against this Act
(see Code, pt 2.1):
• s 258 (Contravening orders)
• s 259C (1) (Obstructing etc authorised people)
• s 260A (Contravening prohibition notices)
• s 264 (2) (Identity cards).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
Explanatory note
This amendment inserts a new standard provision consequent on the Criminal
Code. The Code, chapter 2 applies to all offences created after its
commencement.
[2.2] Section
186E (2), new definitions
insert
earlier index no—see section 186B, definition of
earlier index number.
later index no—see section 186B, definition of
later index number.
Explanatory note
This amendment makes it clear that the abbreviated references to index
numbers in section 186E (1) are to the terms as defined in section 186B.
[2.3] Section
222, new definition of inspector
insert
inspector means a person appointed as an inspector under
section 263 (1).
Explanatory note
This amendment inserts a definition of the term in accordance with current
drafting practice.
[2.4] Division
6.4 heading
substitute
Division 6.4 Inspection and seizure
powers
Explanatory note
This amendment makes the division’s heading more descriptive of its
contents.
substitute
263 Appointment of inspectors
(1) The planning and land authority may appoint a person as an inspector
for this part.
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, div 19.3.
Note 2 In particular, a person may be appointed for a particular
provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made
by naming a person or nominating the occupant of a position (see
s 207).
(2) An inspector has the functions that the planning and land authority
directs.
Explanatory note
This amendment brings the appointment provisions for inspectors into line
with current drafting practice.
[2.6] Section
276 heading
substitute
276 Review of decisions—objectors and third
parties to approvals
Explanatory note
This amendment makes the section’s heading more descriptive of its
contents.
[2.7] Section
279 heading
substitute
279 Application for review by
objectors—notification to applicants
Explanatory note
This amendment makes the section’s heading more descriptive of its
contents.
[2.8] Schedule
5, item 12
substitute
12
|
parking a heavy vehicle on residential land in contravention of a code of
practice under the Road Transport (Safety and Traffic Management) Regulations
2000, division 3.1.3 about the parking of heavy vehicles
|
20 penalty units
|
Explanatory note
This amendment corrects an error in the citation of the
regulations.
[2.9] Dictionary,
new definition of inspector
insert
inspector, for part 6 (Approvals and orders), means a person
appointed as an inspector under section 263 (1).
Explanatory note
This amendment is consequential on another amendment.
Endnotes
Republications of amended laws
1 For the latest republication of amended laws, see
www.legislation.act.gov.au.
Penalty units
2 The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
© Australian Capital Territory
2003
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