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This is a Bill, not an Act. For current law, see the Acts databases.
PLANNING AND DEVELOPMENT AMENDMENT BILL 2009 (NO 2)
2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Planning)
Planning
and Development Amendment Bill 2009 (No 2)
Contents
Page
2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Planning)
Planning and
Development Amendment Bill 2009 (No 2)
A Bill for
An Act to amend the
Planning and Development
Act 2007, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Planning and Development Amendment Act 2009 (No
2).
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 Planning and Development
Act 2007
3 Legislation
amended—pt 2
This part amends the Planning and Development Act 2007.
4 Minister’s
powers in relation to draft plan variations
Section 76 (5) and (6)
substitute
(5) If the Minister directs the withdrawal of a draft plan variation by
the planning and land authority under subsection (3) (b) (v), the
authority must prepare a notice stating that the draft plan variation is
withdrawn.
(6) The following are notifiable instruments:
(a) an approval under subsection (3) (a);
(b) a direction under subsection (3) (b);
(c) a notice under subsection (5).
Note A notifiable instrument must be notified under the Legislation
Act.
(7) The planning and land authority must also publish the notice under
subsection (5) in a daily newspaper.
5 Definitions—pt
5.4Section 86, definition of limited
consultation
substitute
limited consultation—see section 90.
6 What
are technical amendments of territory
plan?Section 87 (e)
substitute
(e) a variation required to bring the territory plan into line with the
national capital plan;
(f) a variation to omit something that is obsolete or redundant in the
territory plan;
Examples—obsolete or redundant
things
1 a structure plan that is no longer relevant because all the land that the
structure plan applies to ceases to be in a future urban area
2 a provision of the territory plan that has become redundant because of
the enactment of a law that applies in the Territory
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).
(g) a variation to clarify the language in the territory plan if it does
not change the substance of the plan.
7 Is
consultation needed for technical
amendments?New section 88 (1)
(c)
insert
(c) a variation to clarify the language in the territory plan if it does
not change the substance of the plan.
8 Making
technical amendments Section 89
(2)
substitute
(2) The planning and land authority may put the plan variation
(incorporating any amendments made to the variation following the limited
consultation) in writing.
insert
116A Code track—effect of s 134 on development
approval
(1) This section applies if—
(a) an authorised use of the land, or an existing building or structure on
the land, is exempt under section 134 (1) (Exempt development—authorised
use); and
(b) there is a development proposal in relation to the land; and
(c) if the proposed development were carried out, the authorised use of
the land, or an existing building or structure on the land, would stop being
exempt under section 134 (2) or (3); and
(d) if a development application were made for both the development
proposal and a use mentioned in subsection (2) (b), the application
would be assessed in the code track.
(2) The person proposing the development proposal must apply for
development approval for—
(a) the development proposal; and
(b) any use (the proposed use) of the land, or a building or
structure on the land, that—
(i) is an authorised use of land, or a building or structure on the land
that is exempt under section 134 (1); and
(ii) is intended to continue to apply to the land after the development
proposal is carried out.
(3) In deciding the development application in the code track, the
decision-maker—
(a) must not refuse to approve the application only on the ground that, if
the application were an application only for the proposed use the application
would be refused; and
(b) must not approve the application on a condition only because, if the
application were an application only for the proposed use the application would
be approved on the condition.
Example
Bernice is the lessee of land for which the authorised use is residential
and on which there is a house. The authorised use is exempt under s 134 (1).
Bernice wants to build a double garage on the land which will require
development approval. If the double garage was built, the authorised use of the
land would stop being exempt under s 134 (3). In addition to applying for
development approval to build and use the double garage, Bernice must also apply
for development approval to use the land and house for residential
purposes.
The decision-maker cannot refuse to approve the application, or approve it
on a condition, only on the ground that, if the application were only for the
use of the land for residential purposes, or use of the house, the
decision-maker would refuse the application or approve it on
conditions.
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
120A Merit track—effect of s 134 on development
approval
(1) This section applies if—
(a) an authorised use of the land, or an existing building or structure on
the land, is exempt under section 134 (1) (Exempt development—authorised
use); and
(b) there is a development proposal in relation to the land; and
(c) if the proposed development were carried out, the authorised use of
the land, or an existing building or structure on the land, would stop being
exempt under section 134 (2) or (3); and
(d) if a development application were made for both the development
proposal and a use mentioned in subsection (2) (b), the application
would be considered in the merit track.
(2) The person proposing the development proposal must apply for
development approval for—
(a) the development proposal; and
(b) any use (the proposed use) of the land, or a building or
structure on the land, that—
(i) is an authorised use of land, or a building or structure on the land
that is exempt under section 134 (1); and
(ii) is intended to continue to apply to the land after the development
proposal is carried out.
(3) In deciding the development application in the merit track, the
decision-maker—
(a) must not refuse to approve the application only on the ground that, if
the application were an application only for the proposed use the application
would be refused; and
(b) must not approve the application on a condition only because, if the
application were an application only for the proposed use the application would
be approved on the condition.
Example
Donald is the lessee of land for which the authorised uses are residential,
retail and commercial, and on which there is a building that is mixed
residential and retail, and another building that is used for commercial. Donald
wants to demolish the commercial building, which will require a development
approval. Donald does not want to use the land for commercial purposes any more.
If the commercial building was demolished, the authorised uses of the land would
stop being exempt under s 134 (3). In addition to applying for development
approval to demolish the commercial building, Donald must also apply for
development approval to use the land for residential and retail purposes, but
need not apply for approval for use for commercial purposes.
The decision-maker cannot refuse to approve the application, or approve it
on a condition, only on the ground that, if the application were only for the
use of the land and for residential purposes or retail purposes, or use of the
mixed residential and retail building, the decision-maker would refuse the
application or approve it on conditions.
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
129A Impact track—effect of section 134 on
development approval
(1) This section applies if—
(a) an authorised use of the land, or an existing building or structure on
the land, is exempt under section 134 (1) (Exempt development—authorised
use); and
(b) there is a development proposal in relation to the land; and
(c) if the proposed development were carried out, the authorised use of
the land, or an existing building or structure on the land, would stop being
exempt under section 134 (2) or (3); and
(d) if a development application were made for both the development
proposal and a use mentioned in subsection (2) (b), the application
would be assessed in the impact track.
(2) The person proposing the development proposal must apply for
development approval for—
(a) the development proposal; and
(b) any use (the proposed use) of the land, or a building or
structure on the land, that—
(i) is an authorised use of land, or a building or structure on the land
that is exempt under section 134 (1); and
(ii) is intended to continue to apply to the land after the development
proposal is carried out.
(3) In deciding the development application in the impact track, the
decision-maker—
(a) must not refuse to approve the application only on the ground that, if
the application were an application only for the proposed use the application
would be refused; and
(b) must not approve the application on a condition only because, if the
application were an application only for the proposed use the application would
be approved on the condition.
Example
Barbara is the lessee of land for which the authorised uses are retail and
commercial and on which there are office buildings and shops. Barbara wants to
undertake earthworks to clear an area of vegetation for people to park on the
land, which will require a development approval. If the earthworks were carried
out, the authorised uses of the land would stop being exempt under s 134 (2). In
addition to applying for development approval to undertake the earthworks,
Barbara must also apply for development approval to use the land for retail and
commercial purposes.
The decision-maker cannot refuse to approve the application, or approve it
on a condition, only on the ground that, if the application were only for the
use of the land for retail purposes or commercial purposes, or use of the office
buildings and shops, the decision-maker would refuse the application or approve
it on conditions.
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
131B Development proposal for lease variation other
than in designated area
(1) This section applies to a development proposal that is a variation of
a lease other than a lease in a designated area.
(2) The development proposal must be dealt with under the provisions of
this Act that apply to the merit track unless—
(a) the territory plan requires the proposal to be dealt with under
another track; or
(b) the impact track applies to the proposal under section 123 (Impact
track applicability).
(3) However, if the development proposal is a variation to a lease to add
an additional authorised use under the lease, the proposal must be dealt with
under the provisions of this Act that apply to the track that applies to the
proposed additional authorised use under the territory plan.
substitute
133 What is an exempt
development?
In this Act:
exempt development—
(a) means development that is exempt from requiring development approval
under—
(i) the relevant development table; or
Note 1 Development tables are dealt with in s 54.
Note 2 Relevant development table—see the
dictionary.
(ii) section 134; or
(iii) a regulation; but
(b) for paragraph (a) (i) and (iii)—does not include development on
land if—
(i) the development is inconsistent with a provision of a development
approval for other development on the land; and
(ii) the development approval is given on the condition that the provision
is complied with.
Example—condition that provision
complied with
Development plans do not include windows in the front wall. The approval
is expressed to be subject to the condition that the front wall not have
windows.
Example—not a condition that provision
complied with
Development plans do not include windows in the front wall. The approval
is given without explicit mention of windows in the front wall being a condition
of the approval.
Note 1 An approval may be given subject to conditions, see s
165.
Note 2 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).
14 Exempt
development—authorised use Section
134 (6) (b)
substitute
(b) the licence 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.
after section 134 (8), insert
Note As the use of land, or a building or structure on the land, is
development (see s 7), if the use of the land, or a building or structure on the
land, stops being exempt under this section, development approval will be
required for the use. Once development approval has been given for the use, it
continues indefinitely unless it ends under s 186 (see also s 188). A further
development approval will not be required for use of the land, or a building or
structure on the land, unless the existing development approval does not cover a
proposed new use of the land, or a building or structure on the land.
16 What
is publicly notifies for ch
7?Section 152 (2) (a)
substitute
(a) under section 155 (Major public notification) and, if the development
proposal is, or includes, a lease variation—section 154 (Public notice to
registered interest holders) (if applicable);
insert
(3) The validity of a development approval is not affected by a failure by
the planning and land authority to comply with this section.
insert
Division 7.3.4A Notice of development
applications to registrar-general
157A Notice of development
applications
(1) The planning and land authority must give written notice of each
development application lodged with the authority to the registrar-general for
recording under the Land Titles Act 1925, part 8A (Record of
administrative interests).
(2) The notice under subsection (1) must include the following:
(a) a description of the development;
(b) the assessment track under which the development is to be
assessed;
(c) the approval status of the application;
Examples—approval
status
1 pending
2 approved
3 approved on conditions
4 refused
5 under review by the ACAT
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).
(d) anything else prescribed by regulation.
(3) If the approval status of a development application changes, the
planning and land authority must give written notice to the registrar-general of
the change.
19 Direction
that development applications be referred to
MinisterSection 158
(3)
substitute
(3) If the Minister gives a direction under subsection (1) in relation to
an application, the planning and land authority—
(a) must take no further action that would lead to a decision by the
authority on the application; but
(b) may continue to take procedural steps in relation to the application,
unless the Minister’s direction under subsection (1) directs the
authority not to take a procedural step.
Examples—procedural
steps
1 entity referral under div 7.3.3 (Referral of development
applications)
2 public notification under div 7.3.7 (Extensions of time for deciding
development applications)
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).
20 Notice
of approval of application Section 170 (1)
(c)
substitute
(c) if the application approved does not relate to a variation of a
lease—to the registrar-general for recording under the Land Titles
Act 1925, part 8A (Record of administrative interests); and
21 When
development approvals take effect—ACAT
reviewSection 178 (1)
(b)
substitute
(b) application is made to the ACAT for review of the decision to approve
the application and the ACAT confirms or varies the decision, or makes a
substitute decision;
after
development application
insert
, as confirmed, varied or substituted by the ACAT,
substitute
(b) the day that the confirmation, variation or substitution by the ACAT
takes effect under the ACT Civil and Administrative Tribunal Act 2008,
section 69 (Effect of orders for administrative review).
Note The ACT Civil and Administrative Tribunal Act 2008,
s 69 provides that an order of the ACAT made under s 68 (3) is taken to be
a decision of the decision-maker and takes effect from the day the order is made
unless the ACAT orders otherwise.
24 When
development approval takes effect—activity not allowed by
leaseSection 179 (2)
after
development application
insert
or, if an application for review has been made in relation to the approval,
the approval as confirmed, varied or substituted by the ACAT,
25 Section
179 (2) (c) excluding note
substitute
(c) if an application for review has been made in relation to the
approval—
(i) the day that the confirmation, variation or substitution by the ACAT
takes effect under the ACT Civil and Administrative Tribunal Act 2008,
section 69 (Effect of orders for administrative review); or
Note The ACT Civil and Administrative Tribunal Act 2008,
s 69 provides that an order of the ACAT made under s 68 (3) is taken to be
a decision of the decision-maker and takes effect from the day the order is made
unless the ACAT orders otherwise.
(ii) the day after the day the application for review is withdrawn,
dismissed or struck out.
26 When
development approval takes effect—condition to be
metSection 180 (2)
after
development application
insert
or, if an application for review has been made in relation to the approval,
the approval as confirmed, varied or substituted by the ACAT,
substitute
(c) if an application for review has been made in relation to the
approval—
(i) the day that the confirmation, variation or substitution by the ACAT
takes effect under the ACT Civil and Administrative Tribunal Act 2008,
section 69 (Effect of orders for administrative review); or
Note The ACT Civil and Administrative Tribunal Act 2008,
s 69 provides that an order of the ACAT made under s 68 (3) is taken to be
a decision of the decision-maker and takes effect from the day the order is made
unless the ACAT orders otherwise.
(ii) the day after the day the application for review is withdrawn,
dismissed or struck out.
28 When
development approval takes effect—application for
reconsiderationSection 182
(2)
after
development application
insert
or, if an application for review has been made in relation to the decision
to confirm the original decision, the decision as confirmed, varied or
substituted by the ACAT,
substitute
(c) if an application for review has been made in relation to the decision
to confirm the original decision—
(i) the day that the confirmation, variation or substitution by the ACAT
takes effect under the ACT Civil and Administrative Tribunal Act 2008,
section 69 (Effect of orders for administrative review); or
Note The ACT Civil and Administrative Tribunal Act 2008,
s 69 provides that an order of the ACAT made under s 68 (3) is taken to be
a decision of the decision-maker and takes effect from the day the order is made
unless the ACAT orders otherwise.
(ii) the day after the day the application for review is withdrawn,
dismissed or struck out.
30 End
of development approvals other than lease
variationsSection 184 (2)
(c)
substitute
(c) if no period is stated in the approval for starting the development or
any stage of the development—
(i) the development or stage of development has not been started 2 years
after the day the approval takes effect; or
(ii) if an appeal is made to the ACAT or a court in relation to the
approval—the development or stage of the development has not started 2
years after the day the appeal ends; or
Note Ends—see the dictionary.
31 New
section 184 (2) (e) (iii)
insert
(iii) if an appeal is made to the ACAT or a court in relation to the
approval—
(A) 2 years after the day the appeal ends; or
(B) if an extension of the 2-year period is granted under this
section—the extended period after the appeal ends.
Note Ends—see the dictionary.
substitute
(f) if the approval relates to land comprised in a lease that requires the
development to be completed within a stated time—
(i) the development is not completed within the stated time; or
(ii) if the stated time has been extended under
section 298B—the development is not completed within the extended
time; or
33 Section
184 (4), definition of prescribed period,
paragraph (b)
substitute
(b) if no time is stated in the approval for finishing the
development—
(i) the period ending 2 years after the day the development begins;
or
(ii) if an appeal is made to the ACAT or a court in relation to the
approval—the period ending 2 years after the day the appeal
ends.
Note Ends—see the dictionary.
34 End
of development approvals for lease
variationsSection 185 (2) (b) (except
note)
substitute
(b) at the end of—
(i) the period of 2 years starting on the day after the day the approval
takes effect; or
(ii) if an appeal is made to the ACAT or a court in relation to the
approval—the period of 2 years starting on the day after the day the
appeal ends.
Note Ends—see the dictionary.
35 End
of development approvals for use under lease without lease variation, licence or
permitSection 186 (3) and
(4)
substitute
(3) If only 1 use is allowed under the development approval, the
development approval ends if the use in accordance with the development approval
does not begin or happen before the end of—
(a) the period of 2 years starting on the day after the day the approval
takes effect; or
(b) if an appeal is made to the ACAT or a court in relation to the
approval—the period of 2 years starting on the day after the day the
appeal ends.
Note Ends—see the dictionary.
(4) If more than 1 use is allowed under the development approval, the
development approval ends if none of the uses in accordance with the development
approval begin or happen before the end of—
(a) the period of 2 years starting on the day after the day the approval
takes effect; or
(b) if an appeal is made to the ACAT or a court in relation to the
approval—the period of 2 years starting on the day after the day the
appeal ends.
Note Ends—see the dictionary.
36 End
of development approvals for use under licence or permit
Section 187 (2) (d), except note
substitute
(d) the licence or permit 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
(e) the licence or permit ends other than by expiring.
substitute
(3) The development approval ends if use in accordance with the
development approval does not begin or happen before the end of—
(a) the period of 2 years starting on the day after the day the approval
takes effect; or
(b) if an appeal is made to the ACAT or a court in relation to the
approval—the period of 2 years starting on the day after the day the
appeal ends.
Note Ends—see the dictionary.
38 Applications
to amend development approvalsSection 197
(1), new note
insert
Note If the development proposal changes in accordance with the
development approval condition requiring the change, the change is covered by
the approval, so this section does not apply.
39 Deciding
applications to amend development
approvalsSection 198 (1),
example
omit
floor
substitute
room
40 Section
198 (1), new note 3
insert
Note 3 The planning and land authority must decide whether to amend
the development approval as soon as possible (see Legislation Act, s
151B).
substitute
(2) However, section 162 (3) (Deciding development applications) does not
apply to the application.
(2A) The planning and land authority must refuse to amend the development
approval if satisfied that—
(a) if the original proposal was in the code track—the changed
development proposal would be in the merit track or impact track; or
(b) if the original proposal was in the merit track—the changed
development proposal would be in the impact track; or
(c) the changed development proposal would be in breach of a condition on
the approval imposed (rather than confirmed or varied) by a court or
tribunal.
42 Development
applications for developments undertaken without approval
New section 205 (1A)
insert
(1A) If the development becomes an exempt development—
(a) the development is taken to have been an exempt development since the
development was started; but
(b) the exemption of the development does not affect any proceeding under
this part, whether or not the proceeding starts before the development became
exempt.
43 Definitions—ch
9Section 234, definition of rental
lease
omit
nominal
substitute
a nominal
44 Meaning
of concessional lease and lease—Act
Section 235 (1), definition of
concessional lease, paragraph (a)
omit
to the Territory
substitute
(2) For subsection (1), definition of concessional lease,
paragraph (a)—
(a) a payment has been made if it was paid to the Territory,
a territory entity, a Commonwealth entity or the entity that originally granted
the lease; and
(b) it does not matter whether the consideration for the grant of the
lease was paid as a lump sum or is payable under the lease as rent.
46 Section
235 (3), new definitions
insert
Commonwealth entity means—
(a) the Commonwealth; or
(b) a Commonwealth authority under the Commonwealth Authorities and
Companies Act 1997 (Cwlth); or
(c) a Commonwealth company under the Commonwealth Authorities and
Companies Act 1997 (Cwlth).
territory entity means—
(a) a territory authority; or
(b) a territory instrumentality; or
(c) a territory-owned corporation.
insert
(4) A lease granted before the commencement of this subsection for which a
payment has been made under subsection (1) (a) (i), whether before or after the
commencement of that subsection, is taken not to be a concessional lease,
starting from the day the payment was made.
insert
238A Lease conditional on approval for stated
development
(1) This section applies to a lease granted under section 238
if—
(a) a provision of the lease requires the lessee to obtain the approval of
the planning and land authority to undertake development on the land comprised
in the lease; and
(b) the development is exempt development.
(2) The lessee does not require the planning and land authority’s
approval for the development.
49 Restriction
on direct sale by authoritySection 240
(2)
substitute
(2) The Executive may approve the grant by direct sale of a lease other
than in accordance with criteria prescribed if satisfied that—
(a) the grant meets 1 or more of the grant objectives; and
(b) a grant by a means other than direct sale—
(i) is not likely to meet any of the grant objectives; or
(ii) may meet 1 or more of the grant objectives but is unlikely to meet
the objective to the same extent as the grant by direct sale of the
lease.
50 Section
240 (4), new definition of grant objective
insert
grant objective—each of the following is a grant
objective:
(a) to benefit the economy of the ACT or region;
(b) to contribute to the environment, or social or cultural features in
the ACT;
(c) to introduce new skills, technology or services in the ACT;
(d) to contribute to the export earnings and import replacement of the ACT
or region;
(e) to facilitate the achievement of a major policy objective.
51 Payment
for leasesSection 246 (2)
(a)
omit
the full market
substitute
not less than the market
52 Failure
to accept and execute leaseSection 250
(4)
omit
a copy of
53 Restrictions
on dealings with certain leasesNew section
251 (1) (c) (iii) and (iv)
insert
(iii) a lease—
(A) that was offered for sale under section 238 (1) (a) or (c) but not
sold; and
(B) for which not less than the market value was paid for the subsequent
direct sale; or
(iv) a lease—
(A) that was sold under section 238 (1) (c) but the contract of sale was
rescinded or otherwise ended before the lease was granted under the contract;
and
(B) for which not less than the market value was paid for the subsequent
direct sale; or
insert
(1A) This section does not apply in relation to the following
leases:
(a) a concessional lease;
(b) a rural lease.
55 Decision
on rent payout lease variation
applicationSection 272B (1)
(a)
omit
nominal
substitute
a nominal
omit
planning and development authority
substitute
planning and land authority
57 Power
to decide rent payout applications deemed
refusedSection 272D
(2)
omit
nominal
substitute
a nominal
58 Lease
to be varied to pay out rentSection 273
(3)
omit
rent of 5 cents each year
substitute
nominal rent
59 Dealings
with rural leasesSection 284
(4)
substitute
(4) The planning and land authority must consent under this section to a
dealing in relation to a lease if—
(a) either—
(i) the lessee’s domestic partner or child is the person to
whom—
(A) the lease is being assigned or transferred; or
(B) the land comprised in the lease, or part of it, is sublet;
or
(C) possession of the land comprised in the lease, or part of it, is being
given; or
(ii) the holding period for the lease has ended; and
(b) if section 283 applies to the dealing—the person to whom the
lease is to be granted has entered into an agreement with the Territory in
accordance with section 283.
60 Transfer
of land subject to building and development
provisionNew section 298 (2) (b)
(v)
before the examples, insert
(v) the authority is satisfied that the transfer or assignment (the
relevant transfer or assignment) of the lease is—
(A) by the Territory, a territory entity, the Commonwealth or a
Commonwealth entity (each of which is an entity); and
(B) within the entity’s functions; and
(C) necessary because of a change in a policy of the Territory, the
Commonwealth or the entity that affects more than 1 transfer or assignment, or
potential transfer or assignment, including the relevant transfer or
assignment.
insert
(6) In this section:
Commonwealth entity means—
(a) a Commonwealth authority under the Commonwealth Authorities and
Companies Act 1997 (Cwlth); or
(b) a Commonwealth company under the Commonwealth Authorities and
Companies Act 1997 (Cwlth).
territory entity means—
(a) a territory authority; or
(b) a territory instrumentality; or
(c) a territory-owned corporation.
substitute
298A Application for extension of time to commence or
complete works
omit
building or development
substitute
works
64 Section
298A (3) to (5)
substitute
(3) The application must be accompanied by the most recent assessment
notice for rates for the land.
substitute
298B Extension of time to commence or complete
works
omit
may approve the extension only if
substitute
must approve the extension if
in part 9.9, insert
298C Extension of time to commence or complete
works—required fee
(1) If the planning and land authority approves an extension of a stated
time under section 298B, the approval is subject to the condition that the
applicant pays the planning and land authority the amount, or the total of the
amounts, (the required fee) for each year, or part year, of the
period of extension of time approved, worked out as follows:
Example
Frank applies for an extension of time for 1 October 2009 to 31 December
2011 (2 years and 92 days). In Frank’s case, the Planning and
Development Regulation 2008 prescribes A in the above formula to be 1
for the 1st year, 2 for the 2nd year and 3 for the 3rd year of the period of
extension. The fee is worked out using the following formula: [1 x 365/365 x B]
+ [2 x 365/365 x B] + [3 x 92/365 x B].
Note 1 The required fee may be waived under the Financial
Management Act 1996, s 131.
Note 2 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) However, if an extension (the earlier extension) of time
has been approved, in working out the required fee for a further
extension—
(a) the formula for working out the required fee applies as if the period
of extension included each earlier extension, other than—
(i) an earlier extension for which the required fee was waived under the
Financial Management Act 1996, section 131; or
(ii) an earlier extension prescribed by regulation; and
(b) the required fee is reduced by—
(i) the amount of the required fee paid for each earlier extension;
and
(ii) if part of the required fee was waived under the Financial
Management Act 1996, section 131 for an earlier extension—the amount
waived.
(3) In this section:
A is the figure, not more than 5, prescribed by regulation
for the relevant year of the period of extension.
Note Power to make a statutory instrument (including a regulation)
includes power to make different provision for different categories (see
Legislation Act, s 48).
B is the amount of rates imposed under the Rates Act
2004, section 14 in relation to the land for the financial year in
which the application is made.
D is the lesser of—
(a) 365; and
(b) the number of days for which the extension is sought in the relevant
year.
period of extension means—
(a) the period of extension applied for under subsection (2); or
(b) if an application seeks extensions for 2 or more building and
development provisions in a lease—the longest of the extensions
sought.
68 Content
of controlled activity ordersSection 358
(3) (c)
substitute
(c) to comply with a lease provision or development agreement;
(ca) to restore any land, or a building or structure on the land, that has
been altered, damaged or fallen into disrepair in breach of a lease provision or
development agreement;
69 New
section 358 (3) (m)
insert
(m) not to do anything that is a controlled activity whether or not a
controlled activity order has been, or could be, made under paragraphs (a)
to (l).
70 Entry
on notice for rectification work and
monitoringSection 391B
(2)
substitute
(2) The planning and land authority may give an occupier of the premises
written notice (an intention to enter notice) of the
inspector’s intention to enter the premises.
omit everything before paragraph (a), substitute
(6) Before an inspector enters the premises in accordance with the
intention to enter notice, the inspector must—
insert
395B Authority may ask for information about leases
from commissioner for revenue
(1) The planning and land authority may, in writing, ask the commissioner
for revenue for the following information in relation to a lease:
(a) the lessee’s name;
(b) the lessee’s home address or other contact address.
Note 1 The Information Privacy Principles apply to the planning and
land authority (see Privacy Act 1988 (Cwlth), s 14 to s 16).
Note 2 The planning and land authority may ask the commissioner for
information in relation to more than 1 lease at a time. Words in the singular
include the plural (see Legislation Act, s 145 (b)).
(2) The commissioner for revenue must disclose the information required in
a request made in accordance with subsection (1).
Note See also the Taxation Administration Act 1999, s
97 (c) for power to disclose the information.
(3) The planning and land authority must not make a request under
subsection (1) in relation to a lease more often than—
(a) once every 3 months; or
(b) if a regulation prescribes a longer period—once each
period.
(4) Nothing in this section prevents the planning and land authority from
asking for information under section 395A.
(5) In this section:
lease—see section 235.
lessee—see section 234.
73 When
may inspector apply for rectification work
order?Section 402C (e) (ii) and
(iii)
substitute
(ii) an inspector, or an accompanying authorised person, has been refused
entry in accordance with an intention to enter notice given under section
391B;
(iii) a consent to the entry of an inspector or an accompanying authorised
person to carry out the rectification work has been withdrawn;
(iv) a consent to the entry or re-entry of an authorised person to carry
out or complete the rectification work has been withdrawn.
74 When
may inspector apply for monitoring
warrant?Section 402N (b)
(i)
substitute
(i) an inspector has been refused entry in accordance with an intention to
enter notice given under section 391B;
insert
404A Action in relation to seized thing
(1) An inspector who seizes a thing under section 392D (Power to seize
things on entry under search warrant) may—
(a) remove the thing from the premises where it was seized to another
place; or
(b) leave the thing at the premises but restrict access to it.
(2) A person commits an offence if—
(a) the person interferes with a seized thing, or anything containing a
seized thing, to which access has been restricted under subsection (1) (b);
and
(b) the person does not have an inspector’s approval to interfere
with the thing.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
76 ACAT
review—people who made representations
etcSection 409 (2)
omit
4 weeks
substitute
20 working days
substitute
431 Expiry—ch 15
(1) This chapter (other than part 15.1, part 15.5 and section 467) expires
3 years after the commencement day.
(2) Part 15.1, part 15.5 and section 467 expire 5 years after the
commencement day.
78 Transitional—development
application lodged on or after commencement day for estate development plan
given before commencement day Section 442C
(1) (b)
omit
planning and development authority
substitute
planning and land authority
79 Transitional—status
of leases and licencesNew section 456
(1A)
insert
(1A) This section also applies to the following leases granted or
continued, or purported to have been granted or continued, under the repealed
Act, whether or not in force immediately before the commencement day:
(a) a lease granted during a consolidation or subdivision involving the
surrender of 1 or more previous leases if 1 or more of the previous leases was a
concessional lease;
(b) a concessional lease.
substitute
456A Transitional—application for extension of
time to commence or complete development
omit
building or development
substitute
a development
omit
building and development
substitute
works
omit
section 298A (3) (b)
substitute
section 298C (1)
omit
building and development
substitute
works
85 Schedule
1, item 2, column 4
omit
applicant
substitute
applicant for development approval
86 Schedule
1, item 3, column 2
omit
to the extent that the decision
substitute
to the extent that the development proposal
87 Schedule
1, item 3, column 4
omit
applicant
substitute
applicant for development approval
88 Schedule
1, item 4, column 2
after paragraph (b), insert
Note A decision under s 162 is reviewable only to the extent that
the development proposal—
(a) is subject to a rule and does not comply with the rule; or
(b) is not subject to a rule.
(see s 121 (2)).
89 Schedule
1, item 5, column 4
omit
applicant
substitute
applicant for development approval
90 Schedule
1, item 25, column 2
omit
nominal
substitute
a nominal
91 Dictionary,
new definition of end
insert
ends—an appeal ends if it is decided,
withdrawn or struck out.
92 Dictionary,
new definition of nominal rent
insert
nominal rent means—
(a) rent of 5 cents each year; or
(b) if another nominal amount each year is prescribed by
regulation—rent of the other nominal amount.
93 Dictionary,
definition of nominal rent lease
omit
for nominal
substitute
for a nominal
94 Dictionary,
definition of variation, paragraph (a) (iv)
substitute
(iv) does not include—
(A) the surrender of the lease and the grant of a further lease under
section 254 (Grant of further leases); or
(B) a variation to a deed that is incorporated into, or referred to in,
the lease, if the deed is varied in a way that is provided for in the deed;
and
Part
3 Planning and Development Regulation
2008
95 Legislation
amended—pt 3
This part amends the Planning and Development Regulation
2008.
96 Exemptions
from restrictions on dealings with certain
leases—Act, s 251 (3)Section 142 (1)
and note
omit
omit
substitute
202 Application for extension of time—earlier
extension—Act, s 298C (2) (a) (ii)
substitute
203 Application for extension of time—general
rule—Act,
s 298C (3), def A
100 Section
203 (3), definition of period of extension, and note
substitute
period of extension—see the Act, section 298C (3).
Note The Act, s 298C (3) defines A to be 5 if a lower
figure is not prescribed.
substitute
204 Application for extension of time—hardship
reason—Act,
s 298C (3), def A
102 Section
204 (4), definition of period of extension
substitute
period of extension—see the Act, section 298C (3).
substitute
205 Application for extension of time—external
reason—Act, s 298C (3), def A
substitute
206 Application for extension of time—lease
transferred or assigned in special circumstances—Act,
s 298C (3), def A
substitute
207 Application for extension of time—certain
leases granted before 31 March 2008—Act, s 298C (3), def
A
106 Securing
things seized under the Act, pt 12.3Section
403
omit
107 Criterion 5—compliance
with lease and other development approvals
Schedule 1,
section 1.15 (1) (a)
omit
108 Schedule
1, section 1.15 (2) and examples
omit
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2009.
2 Notification
Notified under the Legislation Act on 2009.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2009
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