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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, Building and Environment Legislation Amendment Bill 2013 (No 2)
A Bill for
An Act to amend legislation about planning, building and the environment
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Planning, Building and Environment Legislation Amendment Act 2013 (No 2).
This Act commences on a day fixed by the Minister by written notice.
Note 1 The naming and commencement provisions automatically commence on the notification day (see Legislation Act
, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act
, s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on
the notification day, it automatically commences on the first day after that
period (see
, s 79).
This Act amends the following legislation:
•
•
•
•
•
•
•
.
Part 2 Environment Protection Act 1997
substitute
13 Delegation by authority
The authority may delegate the authority’s functions under this Act or another territory law to—
(a) a public servant; or
(b) an officer or employee of a State or Commonwealth agency, if the functions of the State or Commonwealth agency relate, directly or indirectly, to the protection of the environment in the State or Commonwealth.
Note 1 State includes the Northern Territory (see Legislation Act
, dict, pt 1).
Note 2 For the making of delegations and the exercise of delegated
functions, see the
, pt 19.4.
Note 3 In exercising the delegation, the delegate is subject to any
conditions, limitations or directions in the instrument making or evidencing the
delegation (see
, s 239).
insert
• Commonwealth
Part 3 Environment Protection Regulation 2005
omit
a compliance point, the stated point is the compliance point
substitute
1 or more compliance points, each stated point is a compliance
point
omit
8 Dictionary, definition of foreshores
substitute
foreshores, in relation to a lake—
(a) means the area of land bounded by the level of the lake and an imaginary line drawn at a distance of 100m from the high water level of the lake; but
(b) does not include land held under lease from the Commonwealth or occupied with the authority of the Territory or the Commonwealth or under a law in force in the ACT.
9 Dictionary, definition of lake
omit
, Lake Ginninderra
10 Dictionary, definition of Lake Ginninderra
omit
Part 5 Planning and Development Act 2007
11 What is an estate development
plan?
Section 94 (3) (g) and examples and note
substitute
(g) a provision, which is consistent with the territory plan
, that is proposed to apply to the ongoing development of a block in the estate (an ongoing provision) that—
(i) relates to the subject matter addressed by an existing mandatory rule or criteria applying to the block; and
(ii) does not permit the development of the block in a way that would not be permitted by the existing mandatory rule or criteria.
Example—par (c)
An area zoned for community purposes may be stated in an estate development plan to be proposed for a primary school.
Examples—par (g)
1 a building requirement in relation to potential bushfire attack
2 building envelopes
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).
(4) In this section:
mandatory rule, in relation to a code, means a rule that is described in the code as being mandatory.
12 When development approval takes
effect—reconsideration and review right
Section 183 (2)
substitute
(2) The approval of the development application takes effect on the latest of the following days:
(a) the day the approval would take effect under this division if—
(i) the substituted decision were the original decision; and
(ii) there were no application for reconsideration;
(b) the day after the day the substituted decision is made;
(c) if an application for review has been made in relation to the substituted decision—
(i) the day that the decision by the ACAT in relation to the substituted decision takes effect under the ACT Civil and Administrative Tribunal Act 2008
, section 69 (Effect of orders for administrative review); or
Note The
, s 69 provides that an order of the ACAT made under s 68 (3) is taken to be a decision of the decision-maker and takes effect from the day the order is made unless the ACAT orders otherwise.
(ii) the day after the day the application for review is withdrawn, dismissed or struck out.
13 ACAT review—people who made
representations etc
New section 409 (2) (c)
insert
(c) for a decision to which section 195 (Notice of decisions on reconsideration) applies—the day final notice of the decision has been given.
substitute
(4) In this section:
final notice—
(a) of a decision to which section 177 applies—see section 177 (3); and
(b) of a decision to which section 195 applies—means the day when
every person who made a representation on the reconsideration application has
been given notice of the decision.
Part 6 Planning and Development Regulation 2008
15 Permitted variations to approved and
exempt developments
Schedule 1A, part 1A.2, section 1A.10 (4)
omit
section 1.100A (1) (e)
substitute
section 1.100A (1) (b)
16 Schedule 1A, part 1A.2, section 1A.11 (4)
omit
section 1.100A (1) (e)
substitute
section 1.100A (1) (b)
Part 7 Public Place Names Act 1989
17 Minister to determine
names
New section 3 (2A)
insert
(2A) If the Minister is making a determination about the naming of a public place, the Minister must consider any guideline made under—
(a) section 4A (Guidelines about naming of public places); and
(b) the
, section 14 (Guidelines about allocation of street addresses).
insert
4A Guidelines about naming of public places
(1) The Minister may make guidelines about the naming of public places.
(2) A guideline may make provision about a matter by applying, adopting or incorporating an Australian Standard, or a provision of an Australian Standard, as in force from time to time.
(3) The
, section 47 (5) or (6) does not apply to an Australian Standard, or a provision of an Australian Standard, applied, adopted or incorporated in a guideline.
Note An Australian Standard does not need to be notified under the Legislation Act
because s 47 (5) and (6) do not apply (see Legislation Act
, s 47 (7)). The standard may be purchased at www.standards.org.au
.
(4) A guideline is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
19 Dictionary, definition of customer contract, new paragraph (c)
insert
(c) a customer connection contract under the National Energy Retail Law (ACT)
.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 19 September 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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