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This is a Bill, not an Act. For current law, see the Acts databases.
PLANNING AND LAND LEGISLATION AMENDMENT BILL 2003
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Planning)
Planning and
Land Legislation Amendment Bill 2003
Contents
Page
Part 1.1 Land
(Planning and Environment) Act 1991 10
Part 1.2 Planning
and Land Act 2002 12
Part 1.3 Public
Sector Management Act 1994 13
Part 1.4 Taxation
(Government Business Enterprises) Regulations 2003 13
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Planning)
Planning and Land
Legislation Amendment Bill 2003
A Bill for
An Act to amend the Planning and Land Act 2002, to repeal Acts
relating to certain development authorities, and for other
purposes.
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Planning and Land Legislation Amendment Act
2003.
This Act commences on the day the Planning and Land Act 2002
commences.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Part
2 Planning and Land Act
2002
This part amends the Planning and Land Act 2002.
Note The Act is also amended in sch 1.
insert
Chapter 6 Transitional
provisions
Part 6.1 Interpretation
78 Definitions for ch 6
In this chapter:
repealed Act means––
(a) in relation to the Gungahlin Development Authority––the
Gungahlin Development Authority Act 1996 as in force immediately before
the commencement; or
(b) in relation to the Kingston Foreshore Development
Authority––the Kingston Foreshore Development Authority Act
1999 as in force immediately before the commencement.
repealed authority means––
(a) the Gungahlin Development Authority as in existence immediately before
the commencement; or
(b) the Kingston Foreshore Development Authority as in existence
immediately before the commencement.
Part 6.2 Assets, rights and
liabilities
79 Vesting of assets, rights and
liabilities
(1) All assets, rights and liabilities of a repealed authority vest in the
land agency.
(2) However, the Minister may, in writing, exclude an asset of a repealed
authority from subsection (1).
(3) An asset excluded from subsection (1) vests in the
Territory.
(4) An exclusion under subsection (2) is a notifiable
instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
80 Registration of changes in ownership of certain
assets
(1) This section applies if––
(a) an asset, including an interest in land, vests in the land agency or
the Territory under section 79; and
(b) information about ownership of the asset may be entered in a statutory
property register.
(2) On application by the land agency chief executive officer or the chief
executive, a person responsible for the statutory property register must make
the entries in the register and do anything else that is necessary or desirable
to reflect the operation of section 79.
(3) The evidentiary value of a statutory property register is not affected
by––
(a) the making of an entry under this section; or
(b) a failure to make an entry under this section; or
(c) a failure by the chief executive officer or the chief executive to
make an application under this section.
(4) In this section:
statutory property register means a register kept under a
Territory law for recording ownership of property (including interests in
property) if—
(a) title to the property is passed by registration in the register of
ownership of the property; or
(b) the owner of an interest in the property may lose the interest if the
interest is not registered in the register.
Examples
1 the register of land titles kept under the Land Titles Act 1925,
section 43
2 a book, index or register mentioned in the Instruments Act
1933
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).
81 Evidentiary certificate for vested assets and
liabilities
(1) The land agency chief executive officer may certify that an asset or
liability has vested in the land agency under section 79.
(2) The chief executive may certify that an asset has vested in the
Territory under section 79.
(3) A certificate under subsection (1) or (2) is evidence of what it
states.
(4) A document that purports to be a certificate under subsection (1) or
(2) is taken to be such a certificate unless the contrary is proved.
82 Proceedings and evidence
(1) For a proceeding begun before the commencement of this Act and to
which a repealed authority is a party, the land agency is substituted as a
party.
(2) A proceeding for a cause of action may be brought against the land
agency if, before the commencement of this Act—
(a) the cause of action had accrued against a repealed authority;
and
(b) a proceeding had not begun in relation to the cause of action;
and
(c) the limitation period for the cause of action had not ended.
(3) The Limitation Act 1985, part 3 (Postponement of bar) applies
to the beginning of a proceeding that may be brought by or against the land
agency under this section as if the cause of action had been accrued by, or had
accrued against, the agency.
(4) The court or other entity in which, or before which, a proceeding may
be or has been begun or continued under this section may give directions about
the proceeding.
(5) Any evidence that, apart from the repeal of the repealed Acts, would
have been admissible for or against a repealed authority is admissible for or
against the land agency.
(6) An order made in a proceeding by or against a repealed authority
before the commencement of this Act may, after the commencement, be enforced by
or against the land agency.
(7) In this section:
proceeding includes a proceeding by way of appeal or review
(including review under the Ombudsman Act 1989) or any other civil
proceeding in relation to an asset, right or liability vested in the land agency
under section 79 (Vesting of assets, rights and liabilities).
repealed Acts means:
(a) the Gungahlin Development Authority Act 1996; and
(b) the Kingston Foreshore Development Authority Act
1999.
Part 6.3 Reports and financial statements of
repealed authorities
83 Continuation of repealed authorities for annual
reports
(1) Each repealed authority continues in existence but only for this
part.
(2) The Annual Reports (Government Agencies) Act 1995 continues to
apply to a repealed authority in relation to a reporting period for the
authority––
(a) beginning before the commencement of this section; and
(b) for which a report had not been presented by the authority under that
Act, section 8 (Annual reports of public authorities) before the repeal of the
repealed Act.
(3) The Gungahlin Development Authority Act 1996, section 38
(Information to be included in annual report) applies to a report by the
Gungahlin Development Authority mentioned in subsection (2).
(4) The Kingston Foreshore Development Authority Act 1999,
section 41 (Annual report) applies to a report by the Kingston Foreshore
Development Authority mentioned in subsection (2).
(5) A repealed authority must prepare a financial statement under the
Financial Management Act 1996, section 59 (Annual financial
statements)—
(a) in relation to its operations for each financial year during which the
authority operated; if
(b) a financial statement under that section had not been prepared before
the repeal of the repealed Act establishing the authority.
(6) In this section:
reporting period––see the Annual Reports
(Government Agencies) Act 1995, section 4.
84 Continuation of repealed authorities CEOs for
certain purposes
(1) The position of chief executive officer for the Gungahlin Development
Authority established under the repealed Act continues in existence but only for
this part.
(2) The position of chief executive officer of the Kingston Foreshore
Development Authority established under the repealed Act continues in existence
but only for this part.
Part 6.4 Other
provisions
85 Transitional regulations
(1) The regulations may prescribe transitional matters necessary or
convenient to be prescribed because of the enactment of this Act or the
Planning and Land (Consequential Amendments) Act 2002.
(2) The regulations may modify the operation of this Act to make provision
in relation to any matter that, in the Executive’s opinion, is not, or not
adequately, dealt with in this Act or the Planning and Land (Consequential
Amendments) Act 2002.
86 Expiry of ch 6
This chapter expires 1 year after the day it commences.
Part
3 Repeals and further
amendments
The following Acts are repealed:
• Gungahlin Development Authority Act 1996 No 38
• Kingston Foreshore Development Authority Act 1999 No
89.
The following instruments are repealed:
• Gungahlin Development Authority Appointment 2002 (No 1)
DI2002-142
• Gungahlin Development Authority Appointment 2002 (No 2)
DI2002-143
• Gungahlin Development Authority Appointment 2002 (No 3)
DI2002-165
• Gungahlin Development Authority - Australian Capital Territory
(Gungahlin Development Authority Act 1996) 2002 NI2002-17.
7 Acts
and regulations amended—sch 1
Schedule 1 amends the Acts and regulations mentioned in it.
Schedule
1 Further
amendments
(see s 7)
Part
1.1 Land (Planning and Environment)
Act 1991
[1.1] Section
229 (4) (ac)
omit
[1.2] Section
246 (1) (b) (i)
omit
(other than an application
substitute
(1) The Executive may, in writing, authorise anybody to act on its behalf
in the exercise of a function under part 2 (Planning) or part 5 (Land
administration), other than a function under the following sections:
• section 163 (4) (Leases to community organisations)
• section 164 (3) (Special leases)
• section 167 (1) (Eligibility for certain classes of
leases)
• section 178 (3) (Refund of amount paid for grant of
lease).
omit
insert
293 Proceedings and evidence
(1) This section applies if—
(a) a provision of this Act, as in force immediately before the
commencement of this section, expressly authorised or required the commissioner
to do something; and
(b) after the commencement of this section, the thing may be done by
another entity (the substituted entity).
(2) For a proceeding begun in relation to the thing before the
commencement of this section and to which the commissioner is a party, the
substituted entity is substituted as a party.
(3) A proceeding for a cause of action in relation to the thing may be
brought against the substituted entity if, before the commencement of this
section —
(a) the cause of action had accrued against the commissioner;
and
(b) a proceeding had not begun in relation to the cause of action;
and
(c) the limitation period for the cause of action had not ended.
(4) The Limitation Act 1985, part 3 (Postponement of bar) applies
to the beginning of a proceeding that may be brought by or against the
substituted entity under this section as if the cause of action had been accrued
by, or had accrued against, the entity.
(5) The court or other entity in which, or before which, a proceeding may
be or has been begun or continued under this section may give directions about
the proceeding.
(6) Any evidence that, apart from the abolition of the position of
commissioner, would have been admissible for or against the commissioner is
admissible for or against the substituted entity.
(7) An order made in a proceeding by or against the commissioner before
the commencement of this section may, after the commencement, be enforced by or
against the substituted entity.
(8) In this section:
commissioner means the commissioner under this Act as in
force immediately before the commencement of this section.
proceeding means a civil or administrative proceeding, and
includes a proceeding by way of appeal or review (including review under the
Ombudsman Act 1989).
(9) This section expires 1 year after the day it commences.
[1.6] Dictionary,
definition of Gungahlin central area
omit
Part
1.2 Planning and Land Act
2002
[1.7] Section
48 (4) (a) and (b)
omit
authority
insert
land agency
omit
subsection (3)
substitute
subsection (4)
[1.9] Section
75 (3), definition of official, paragraph (c)
substitute
(c) the land agency chief executive officer; or
(d) a land agency board member.
Part
1.3 Public Sector Management
Act 1994
[1.10] Section
5 (i) and (j)
substitute
(i) the University of Canberra.
Part
1.4 Taxation (Government Business
Enterprises) Regulations 2003
omit
• Gungahlin Development Authority
• Kingston Foreshore Development Authority
substitute
• land development agency
Endnote
Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2003
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