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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:
This Act is the Planning and Development (Notifications and Review)
Amendment Act 2009.
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)).
This Act amends the Planning and Development Act 2007.
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 premisesSection 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 notificationSection 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 applicationSection 170 (3),
note
omit
s 408 (2)
substitute
s 408
9 Notice
of refusal of applicationSection 171 (3),
note
omit
s 408 (2)
substitute
s 408
10 ReconsiderationSection
193 (3)
omit
11 Notice
of decisions on reconsiderationSection 195,
note
omit
s 408 (2)
substitute
s 408
12 Decision
about whether lease concessionalSection 257
(5), note
omit
s 408 (2)
substitute
s 408
13 Authority
may decide whether lease concessional on own
initiativeSection 258 (4), note
1
omit
s 408 (2)
substitute
s 408
14 Decision
on rent payout lease variation
applicationSection 272B (3), note
omit
s 408 (2)
substitute
s 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
etcSection 409 (2) (a)
omit
the person was told about the decision
substitute
notice of the decision was received by the person
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—ActSection
419
omit
20 Reviewable
decisions, eligible entities and interested
entitiesSchedule 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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