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This is a Bill, not an Act. For current law, see the Acts databases.
2013
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for the Environment and Sustainable Development)
Contents
Page
2013
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for the Environment and Sustainable Development)
Planning and Development (Territory Plan Variations) Amendment Bill 2013
A Bill for
An Act to amend the
and the Planning and Development Regulation 2008
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Planning and Development (Territory Plan Variations) Amendment Act 2013.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
This Act amends the
and the
.
Part 2 Planning and Development Act 2007
4 Public
consultation—notification
Section 63 (1) (a)
omit
15 working days
substitute
30 working days
5 What are technical amendments
of territory plan?
Section 87 (c)
substitute
(c) a variation in relation to a future urban area under section 95 (Technical amendments—future urban areas);
Note A variation to rezone land that is not in a future urban area is not a technical amendment.
(ca) a variation in relation to an estate development plan under section 96 (Effect of approval of estate development plan);
6 Is consultation needed for technical
amendments?
Section 88 (1) (b)
substitute
(b) a variation in relation to a future urban area under section 95 (Technical amendments—future urban areas);
(ba) a variation in relation to an estate development plan under section 96 (Effect of approval of estate development plan) if it incorporates an ongoing provision that was not included in the plan under section 94 (3) (h);
7 Limited
consultation
Section 90 (4)
omit
15 working days
substitute
20 working days
substitute
Part 5.5 Plan variations—structure and concept plans, rezoning and estate development plans
9 What is a concept
plan?
Section 93 (b)
substitute
(b) is a precinct code in the territory plan
(see section 55 (3)) that guides the preparation and assessment of development in future urban areas to which the concept plan relates.
10 What is an estate development
plan?
Section 94 (1) and note
substitute
(1) An estate development plan, for an estate, sets out the proposed development of the estate, and the creation of blocks in the estate, in a way that is consistent with—
(a) if the estate is in a future urban area—the concept plan for the area where the estate is; and
(b) any other code that applies to the estate.
Note A development application for the development of an estate must be accompanied by an estate development plan (see s 139 (2) (n)).
omit
contain
substitute
identify
substitute
(b) if the estate is in a future urban area—the zones proposed for the estate and any existing zones that are to continue to apply; and
(c) if the estate is not in a future urban area—the existing zones in the estate.
omit
before the example, insert
(h) a provision that—
(i) is an existing rule or criteria in a code that is proposed to apply to particular blocks (an ongoing provision); and
(ii) is consistent with the territory plan
.
15 Section 94 (3), new examples
insert
Examples for par (h)
1 a building requirement in relation to potential bushfire attack
2 building envelopes
substitute
95 Technical amendments—future urban areas
omit
unless the rezoning
substitute
, and establish or vary a precinct code in relation to the land, unless the variation
substitute
96 Effect of approval of estate development plan
(1) This section applies to an area dealt with by an estate development plan if the plan is approved under a development application.
Note A development application is approved under s 162 (Deciding development applications).
(2) The planning and land authority must, within a reasonable time after the approval of the estate development plan, vary the territory plan
under section 89 (Making technical amendments) to—
(a) if the land is in a future urban area—identify the zones that will apply to the land, consistent with the estate development plan; and
(b) incorporate any ongoing provision that—
(i) was included in the estate development plan under section 94 (3) (h); and
(ii) the planning and land authority determined should be incorporated in
the
; and
(c) incorporate any ongoing provision that—
(i) was not included in the estate development plan under section 94 (3) (h); and
(ii) is consistent with the territory plan
; and
(iii) the planning and land authority determined should be incorporated in
the
.
(3) A variation of the territory plan
under subsection (2) has the effect that, if the land dealt with by the estate development plan is in a future urban area, the land ceases to be in a future urban area.
(4) In this section:
ongoing provision—see section 94 (3) (h).
19 Form of development
applications
Section 139 (2) (n), new note
before note 1, insert
Note 1A For par (n), matters that must or may be included in an estate
development plan are set out in s 94.
Part 3 Planning and Development Regulation 2008
20 Public notification
period—Act, s 157, def public notification period, par
(a)
Section 28 (a) and (b)
substitute
(a) for a development application notified in accordance with the Act
, section 152 (1) (a)—
(i) if the development application is for an estate development plan that has an ongoing provision included in the plan under the Act
, section 94 (3) (h)—20 working days; and
(ii) in any other case—10 working days;
(b) for a development application notified in accordance with the Act
, section 152 (1) (b)—
(i) if the development application is for an estate development plan that has an ongoing provision included in the plan under the Act
, section 94 (3) (h)—20 working days; and
(ii) in any other case—15 working days.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 9 May 2013.
2 Notification
Notified under the
on 2013.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2013
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