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This is a Bill, not an Act. For current law, see the Acts databases.
2024
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Planning)
Contents
Page
Part 1.1Commissioner for Sustainability and the Environment Act 199320
2024
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Planning)
Planning and Environment Legislation Amendment Bill 2024
A Bill for
An Act to amend legislation about planning and the environment, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Planning and Environment Legislation Amendment Act 2024
.
(1) This Act (other than part 6) commences on the 7th day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
(2) Part 6 commences on the day after this Act’s notification day.
This Act amends the following legislation:
•
•
•
•
•
•
.
Note This Act also amends the Water Resources Act 2007
(see sch 1).
Part 2 Climate Change and Greenhouse Gas Reduction Act 2010
insert
26A Determination of fees
(1) The Minister may determine fees for this Act.
(2) A determination is a disallowable instrument.
Part 3 Commissioner for Sustainability and the Environment Act 1993
5 Functions
New section 12
(1) (d)
before the notes, insert
(d) preparing a state of the environment report for each reporting period.
6 Section 12 (3), new definition of reporting period
insert
reporting period—see section 19 (7).
substitute
14 Discretion not to investigate certain complaints
(1) This section applies if a person makes a complaint to the commissioner in relation to action taken by an agency.
(2) The commissioner may decide not to investigate the action or to stop investigating the action if—
(a) the commissioner is satisfied that the complainant became aware of the action more than 12 months before the day the complaint was made; or
(b) in the commissioner’s opinion—
(i) the complaint—
(A) is frivolous or vexatious or was not made in good faith; or
(B) lacks substance or credibility; or
(C) was not made genuinely or was made primarily for a mischievous purpose; or
(D) does not contain sufficient information; or
(ii) the subject matter of the complaint is trivial or unrelated to the commissioner’s functions; or
(iii) considering all the circumstances, an investigation or further investigation of the action is not justified; or
(c) in the commissioner’s opinion—
(i) the complainant—
(A) has or had a right to have the action reviewed by a court or tribunal; but
(B) has not exercised that right; and
(ii) in all the circumstances, it is reasonable for the complainant to exercise, or would have been reasonable for the complainant to have exercised, that right; or
(d) in the commissioner’s opinion, an administrative practice is suitable for review of the action, and—
(i) the action has been, is being or will be reviewed under the administrative practice at the complainant’s request; or
(ii) the commissioner is satisfied that the complainant is entitled to have the action reviewed under the administrative practice.
(3) Also, the commissioner may decide not to investigate the action if the complainant has not complained to the agency in relation to the action.
(4) In this section:
complainant, in relation to a complaint, means—
(a) the person who made the complaint; or
(b) if the person made the complaint for another person or a body—the other person or body.
14A Complaints made to agencies
(1) This section applies if—
(a) a person (the complainant) makes a complaint to the commissioner in relation to action taken by an agency; and
(b) the complainant—
(i) has complained to the agency in relation to the action; and
(ii) tells the commissioner that the agency—
(A) has not responded to the complaint; or
(B) has responded to the complaint but the complainant considers the agency’s response unsatisfactory.
(2) The commissioner must investigate the action if, in the commissioner’s opinion—
(a) the agency has not responded to the complaint within a reasonable period; or
(b) the agency’s response to the complaint is unsatisfactory.
14B Decision not to investigate complaint—annual reporting requirement
(1) This section applies if, in a reporting year, the commissioner decides not to investigate a complaint.
(2) The commissioner must include details of the decision, including the
reasons for the decision, in the report for the reporting year prepared by the
commissioner under the
.
8 State of the environment
report
Section 19 (7), new definition of National Environment
Protection Council
insert
National Environment Protection Council means the National Environment Protection Council established by the National Environment Protection Council Act 1994
, section 7.
9 Information to be included in
commissioner’s annual report
Section 20
omit
financial year
substitute
reporting year
omit
under section 19 or special report under section 21
substitute
or a special report
omit
12 Minister to table reports and
recommendations
Section 22
omit
a report under section 19 or 21
substitute
a state of the environment report, a special report
13 Information to be included in agency
annual reports
Section 23
omit
financial year
substitute
reporting year
omit
insert
• body
• tribunal
omit
• penalty unit (see s 133)
17 Dictionary, definition of pre-election year
omit
18 Dictionary, new definitions
insert
reporting year—see the Annual Reports (Government Agencies) Act 2004
, dictionary.
special report means a report prepared by the commissioner under section 21.
state of the environment report means a report prepared by the
commissioner under section 19.
insert
18A Ministerial statement of priorities
(1) The Minister may make a statement setting out the government’s priorities in relation to heritage in the ACT (a statement of priorities).
(2) The Minister must consult the council before making a statement of priorities.
(3) The statement of priorities—
(a) must include information about how the council must or may report about the action taken by the council to respond to the statement of priorities; and
(b) may include any information the Minister believes will assist the council in responding to the statement of priorities; but
(c) must not include a direction about the way in which a function of the council is exercised.
(4) The Minister must give the statement of priorities to the council.
(5) A statement of priorities is a notifiable instrument.
Part 5 Nature Conservation Act 2014
20 Offence—enter closed
reserve
Section 260 (3), note
substitute
(4) Subsection (1) does not apply if the person is a conservation officer exercising a function under this Act.
Note The defendant has an evidential burden in relation to the matters mentioned in s (3) and s (4) (see Criminal Code
, s 58).
Part 6 Professional Engineers Act 2023
substitute
(2) If this Act has not commenced before 6 March 2025, it automatically
commences on that day.
substitute
6 Application for registration
A person may apply to the surveyor-general for registration as a surveyor.
7 Eligibility for registration
(1) A person is eligible to be registered as a surveyor if—
(a) the person—
(i) has previously been registered as a surveyor in the ACT; or
(ii) is or has previously been registered as a surveyor in a State; or
Note State includes the Northern Territory (see Legislation Act
, dict, pt 1).
(iii) has obtained a certificate of competency as a land surveyor from the board of surveying and spatial information; and
(b) the surveyor-general is satisfied that the person has a working knowledge of current surveying practices and any practice directions; and
(c) if the person has previously been registered as a surveyor in the ACT or is or has previously been registered as a surveyor in a State—
(i) the registration was not involuntarily cancelled; or
(ii) if the registration was involuntarily cancelled—the surveyor-general is satisfied that it is appropriate to register the person, taking into account—
(A) the reason for the person’s registration being involuntary cancelled; and
(B) anything relevant done by the person since their registration was involuntarily cancelled.
Example—subpar (ii)
The person’s registration was cancelled because they carried out a survey that was inaccurate because they lacked knowledge of current surveying practices. Since the cancellation, the person has acquired sufficient knowledge of current surveying practices.
(2) For subsection (1) (c), a person’s registration as a surveyor is involuntarily cancelled if the registration is cancelled for any reason other than because the person requested the cancellation.
(3) In this section:
board of surveying and spatial information means the board of surveying and spatial information established under the Surveying and Spatial Information Act 2002
(NSW), section 27.
7A Application for registration renewal
(1) A surveyor may apply to the surveyor-general for renewal of their registration.
(2) If a surveyor applies for renewal before their registration ends, the registration continues in force until the day the application is decided.
7B Eligibility for registration renewal
A surveyor is eligible to have their registration renewed if the surveyor-general is satisfied that the surveyor—
(a) continues to be eligible for registration; and
(b) meets any other eligibility requirements prescribed by regulation.
7C Surveyor-general may request information
(1) The surveyor-general may, in writing, require an applicant under section 6 or section 7A to give the surveyor-general information that the surveyor-general reasonably needs to decide the application.
(2) If the applicant does not comply with a requirement under subsection (1), the surveyor-general may refuse to consider the application further.
8 Decision on application for registration or renewal
(1) If a person applies for registration, the surveyor-general must—
(a) if the person is eligible for registration—
(i) register the person; and
(ii) give the person a unique identifying number (a registration number); or
(b) if the person is not eligible for registration—refuse to register the person.
(2) If a surveyor applies for renewal of their registration, the surveyor-general must—
(a) if the surveyor is eligible for registration renewal—renew the surveyor’s registration; or
(b) if the surveyor is not eligible for registration renewal—refuse to renew the surveyor’s registration.
(3) If the surveyor-general registers a person, the surveyor-general must give the person a certificate (a registration certificate) that includes the following information:
(a) the person’s name;
(b) the person’s registration number;
(c) the date the person’s registration begins.
(4) If the surveyor-general refuses an application for registration or renewal of registration, the surveyor-general must give the applicant written notice of the decision.
(5) The surveyor-general is taken to have refused an application for registration or renewal of registration if the surveyor-general does not decide the application within 45 days after the day the surveyor-general—
(a) received the application; or
(b) received the information requested under section 7C.
substitute
10 Registration term
(1) A surveyor’s registration—
(a) begins on the day stated in the registration certificate; and
(b) ends on 30 June after the registration begins.
Note A surveyor’s registration may be cancelled before it ends (see s 23, s 27 and s 41).
(2) A surveyor’s renewal of registration—
(a) begins on the earlier of the following:
(i) if the surveyor-general decides the application for renewal before the day the surveyor’s registration ends—1 July after the surveyor-general decides the application for renewal;
(ii) in any other case—the day the surveyor-general decides the application for renewal; and
(b) ends on 30 June after the renewal begins.
Note If a surveyor applies for renewal before their registration ends, the registration continues in force until the day the application is decided (see s 7A (2)).
24 Details to be entered in surveyors
register
Section 12 (1) (e)
substitute
(e) the date the surveyor’s registration begins and ends;
25 Continuing
registration
Division 3.1
omit
26 Power of entry
generally
Section 45 (2), new note
insert
Note For how documents may be given, see the Legislation Act
, pt 19.5.
insert
(2A) If a surveyor gives an owner notice under subsection (2), the surveyor must—
(a) keep written evidence of the notice, including how the notice was given; and
(b) give a copy of the evidence to the surveyor-general on request.
Examples—written evidence
file note, copy of written notice
28 Surveyor-general practice
directions
New section 55 (1A)
insert
(1A) A practice direction may apply, adopt or incorporate a law or instrument as in force from time to time.
Note The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act
, s 47 (5) or (6) is not disapplied (see s 47 (7)).
29 Reviewable
decisions
Schedule 1, item 1
substitute
|
1
|
8 (1) (b)
|
refuse to register person
|
applicant for registration
|
|
1A
|
8 (2) (b)
|
refuse to renew surveyor’s registration
|
applicant for renewal
|
30 Dictionary, definition of continuation notice
omit
31 Dictionary, definitions of registration certificate and registration number
substitute
registration certificate—see section 8 (3).
registration number––see section 8 (1) (a) (ii).
Schedule 1 Technical amendments
(see s 3)
Part 1.1 Commissioner for Sustainability and the Environment Act 1993
insert
(13) In this section:
complainant, in relation to a complaint—see section 14 (4).
Explanatory note
This amendment is consequential on the insertion of a definition of complainant in section 14 by another amendment.
omit
his or her
substitute
the commissioner’s
Explanatory note
This amendment updates language in line with current drafting practice.
Part 1.2 Nature Conservation Act 2014
[1.3] Section 266, definition of suitability information, paragraph (a) (vii), example 3
substitute
3 Biodiversity Conservation Act 2016
(NSW)
Explanatory note
This amendment corrects a cross-reference. The Threatened Species Conservation Act 1995
(NSW) was repealed and replaced by the Biodiversity Conservation Act 2016
(NSW).
[1.4] Dictionary, definition of registered business address
substitute
registered business address—see section 12 (1) (b).
Explanatory note
This amendment corrects a cross-reference.
Part 1.4 Water Resources Act 2007
omit
his or her
substitute
their
Explanatory note
This amendment updates language in line with current drafting practice.
omit
Explanatory note
This amendment omits a definition of a term that is no longer used in this section.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 10 April 2024.
2 Notification
Notified under the
on 2024.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2024
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