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This is a Bill, not an Act. For current law, see the Acts databases.


PLANNING AND DEVELOPMENT (NOTIFICATIONS AND REVIEW) AMENDMENT BILL 2009

2009

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY



(As presented)

(Ms Caroline Le Couteur)

Planning and Development (Notifications and Review) Amendment Bill 2009









Contents

Page





























2009

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY



(As presented)

(Ms Caroline Le Couteur)

Planning and Development (Notifications and Review) Amendment Bill 2009







A Bill for

An Act to amend the Planning and Development Act 2007













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



1 Name of Act

This Act is the Planning and Development (Notifications and Review) Amendment Act 2009.

2 Commencement

This Act commences on the 7th day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3 Legislation amended

This Act amends the Planning and Development Act 2007.

4 Section 121

substitute

121 Merit track—notification and right of review

If a development proposal is in the merit track, the application for development approval for the proposal must be publicly notified under division 7.3.4 and there may be a right of review under chapter 13 by someone other than the applicant in relation to the decision on the application.

5 What is publicly notifies for ch 7?

Section 152 (1), note 2

omit

6 Public notice to adjoining premises

Section 153 (5)

substitute

(5) If the planning and land authority is satisfied that a failure to notify a person about an application as required under this section has not resulted in a defined circumstance—

(a) the planning and land authority may make a declaration to that effect; and

(b) the validity of the development approval is not affected by the failure.

(6) A declaration is a notifiable instrument.

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

(7) In this section:

defined circumstance, in relation to a failure to notify a person about an application as required under this section, means the failure—

(a) unfavourably affects the person’s awareness of the existence and nature of the application; or

(b) denies or restricts the opportunity of the person to make representations about the application under section 156.

7 Major public notification

Section 155 (5)

substitute

(5) If the planning and land authority is satisfied that a failure to notify a development application under subsection (1) has not resulted in a defined circumstance—

(a) the planning and land authority may make a declaration to that effect; and

(b) the validity of the development approval is not affected by the failure.

(6) A declaration is a notifiable instrument.

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

(7) In this section:

defined circumstance, in relation to a failure to notify a development application as required under subsection (1), means the failure—

(a) unfavourably affects the public’s awareness of the existence and nature of the application; or

(b) denies or restricts the opportunity of the public to make representations about the application under section 156.

8 Notice of approval of application

Section 170 (3), note

omit

s 408 (2)

substitute

s 408

9 Notice of refusal of application

Section 171 (3), note

omit

s 408 (2)

substitute

s 408

10 Reconsideration

Section 193 (3)

omit

11 Notice of decisions on reconsideration

Section 195, note

omit

s 408 (2)

substitute

s 408

12 Decision about whether lease concessional

Section 257 (5), note

omit

s 408 (2)

substitute

s 408

13 Authority may decide whether lease concessional on own initiative

Section 258 (4), note 1

omit

s 408 (2)

substitute

s 408

14 Decision on rent payout lease variation application

Section 272B (3), note

omit

s 408 (2)

substitute

s 408

15 Section 408

substitute

408 Reviewable decision notices

If a decision-maker makes a reviewable decision, the decision-maker must give a reviewable decision notice to the following entities in relation to the decision:

(a) each eligible entity for the decision;

(b) each interested entity for the decision.

Note 1 The decision-maker must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).

Note 2 The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.

408A Applications for review

The following may apply to the ACAT for review of a reviewable decision:

(a) an eligible entity for the decision;

(b) any other person whose interests are affected by the decision.

Note If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.

16 ACAT review—people who made representations etc

Section 409 (2) (a)

omit

the person was told about the decision

substitute

notice of the decision was received by the person

17 Section 409 (2) (b)

omit

given

substitute

received

18 Section 409 (3) and note

substitute

Note 1 The time for making an application may be extended (see ACT Civil and Administrative Tribunal Procedure Rules 2009 (No 2)).

Note 2 For how documents may be served, see the Legislation Act, pt 19.5.

19 Meaning of material detriment—Act

Section 419

omit

20 Reviewable decisions, eligible entities and interested entities

Schedule 1, item 3, column 2

substitute

decision under s 162 to approve a development application in the merit track subject to a condition or to refuse to approve the application

21 Schedule 1, item 4, column 4

substitute

an entity if the entity made a representation under s 156 about the development proposal or had a reasonable excuse for not making a representation

22 Schedule 1, item 6, column 4

substitute

an entity if the entity made a representation under s 156 about the development proposal or had a reasonable excuse for not making a representation

23 Schedule 1, item 12, column 4

substitute

an entity if the entity made a representation under s 156 about the development proposal or had a reasonable excuse for not making a representation

24 Dictionary, definition of material detriment

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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