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This is a Bill, not an Act. For current law, see the Acts databases.
2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Planning)
Contents
Page
2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Planning)
Planning, Building and Environment Legislation Amendment Bill 2014 (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 2014 (No 2)
.
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 following legislation:
•
•
•
•
.
after section 25A, insert
25AA Meaning of site work notice—div 3.3
In this division:
site work notice means a notice issued by a certifier under section 28 (1A)—
(a) stating—
(i) that the plans for the building work to which the application for building approval relates show all the information necessary to establish that site work to which the building work relates is exempt development under the Planning and Development Act 2007
, section 133; and
(ii) that the site work is exempt development; and
(iii) the certifier’s reasons for assessing that the site work is exempt development; and
(b) including any document or information prescribed by regulation.
5 Issue of building
approvals
New section 28 (1A)
insert
(1A) As soon as practicable after receiving the application for building approval, the certifier must issue a site work notice—
(a) if an exemption assessment D notice stating that the site work is exempt development has not been issued for the site work; and
(b) if the planning and land authority has not made an exemption declaration
under the
, schedule 1, section 1.100A (1) (b) or section 1.100AB (1) (b); and
(c) if a development approval has not been issued in relation to the site work; and
(d) if satisfied on reasonable grounds that—
(i) the plans show all the information necessary to establish that the site work to which the building work relates is exempt development under the Planning and Development Act 2007
, section 133; and
(ii) the site work is exempt development.
6 Marking building
approval
New section 28A (4) (a) (iia)
insert
(iia) if the certifier issues a site work notice in relation to the site work to which the building work relates—the site work notice; and
7 New section 28A (4) (b) (iiia)
insert
(iiia) if the certifier issues a site work notice in relation to the site work to which the building work relates—a copy of the site work notice; and
8 Approval
requirements
Section 29 (1) (g), except example and notes
substitute
(g) if the plans show site work that, if carried out in accordance with the plans, might be exempt under the Planning and Development Act 2007
from requiring development approval—
(i) a copy of an exemption assessment D notice for the site work stating that the site work is exempt development is attached; or
Note Applying for an exemption assessment is not a requirement of the development approval or building approval process. If a person believes that a development is an exempt development, the person need not apply for an exemption assessment from a works assessor or building surveyor (see Planning and Development Act 2007
, div 7.3.1A).
(ii) a site work notice for the site work, stating that the site work is exempt development, has been issued under section 28 (1A); or
Note If site work is an exempt development, it does not require
development approval (see
, s 133).
(iii) development approval for the site work is attached; or
(iv) a copy of an exemption declaration under the Planning and Development Regulation 2008
, schedule 1, section 1.100A (1) (b) or section 1.100AB (1) (b) is attached.
9 Dictionary, new definition of site work notice
insert
site work notice, for division 3.3 (Building
approvals)—see section 25AA.
Part 3 Building (General) Regulation 2008
insert
9A Site work notice—Act, s 25AA
The following information is prescribed:
(a) in relation to the parcel of land on which the site work is carried out—
(i) the block and section number and division; and
(ii) the street name and number;
(b) the identity of any of the following relied on by the certifier to assess the site work as exempt development:
(i) a provision of the
;
(ii) if a provision mentioned in subparagraph (i) incorporates a Territory Plan Code—the code;
(c) the certifier’s name, licence number and signature;
(d) the date the notice is signed by the certifier.
Part 4 Planning and Development Act 2007
11 Public
consultation—notification
Section 63 (2), except note
substitute
(2) The planning and land authority may, by notice extend or further extend the consultation period (an extension notice).
12 Impact track
applicability
Section 123 (b), note
omit
s 138A (2)
substitute
s 138AA (2)
13 Deciding environmental significance
opinion applications
Section 138AB (5)
substitute
(5) The relevant agency must notify the planning and land authority in writing if it rejects the application.
(5A) If the planning and land authority receives notice under subsection (5), the planning and land authority must notify the applicant in writing of the rejection.
in division 7.3.11, insert
195A Meaning of decision-maker—div 7.3.11
In this division:
decision-maker, for a development approval means—
(a) if the planning and land authority has approved a development application under section 162 (Deciding development applications)—the planning and land authority; or
(b) if the Minister has approved a development application under section 162—the Minister.
15 Applications to amend development
approvals
Section 197 (1) and (2)
omit
planning and land authority
substitute
decision-maker
16 Deciding applications to amend
development approvals
Section 198 (1)
omit
planning and land authority
substitute
decision-maker
substitute
Note 1 A decision of the planning and land authority to amend a development approval subject to a condition, or refuse to amend a development approval, may be reconsidered under pt 7.3.10 (see s 191 (1) (a)). The approval holder may apply for review of a decision under s 193 (1) (b) (ii) to confirm the original decision (see sch 1, item 13).
omit
planning and land authority
substitute
decision-maker
insert
Note 4 The Minister may delegate the decision to the planning and land
authority (see
, s 254A).
20 New section 198 (2A) and (2B)
insert
(2A) If the decision-maker is the Minister, the Minister may ask the planning and land authority to prepare a report for the Minister in relation to the application on anything the Minister considers relevant.
(2B) The Minister may, in deciding to amend or to refuse to amend a development approval, consider the report prepared by the planning and land authority.
omit
planning and land authority
substitute
decision-maker
22 Exception to referral requirement
under s 198 (1) (b)
Section 198A (1) (c) and (2)
omit
planning and land authority
substitute
decision-maker
23 Waiver of notification requirement
under s 198 (1) (b)
Section 198B
omit
planning and land authority
substitute
decision-maker
24 When development approvals do not
require amendment
Section 198C (1)
omit
planning and land authority
substitute
decision-maker
25 Development applications for
developments undertaken without approval
Section 205 (4)
omit
section 139 (2) (i)
substitute
section 139 (2) (j)
26 Notice of direct
sale
Section 242 (1)
omit
5 working days
substitute
10 working days
27 Meaning of s 276E chargeable
variation and s 277 chargeable
variation—div 9.6.3
Section 276A (1), definition of
s 276E chargeable variation, paragraph (c) (i) and (ii)
substitute
(i) increases or limits the number of dwellings permitted on the land under the lease; or
(ii) increases, or has the effect of increasing, the maximum gross floor area of any building or structure permitted for non-residential use on the land under the lease;
28 Chargeable variation of nominal rent
lease—lease variation charge
Section 276B (1)
omit
section 278A
substitute
section 278
29 Information
requirements
Section 395 (1) (a)
omit
knowledge of
30 Dictionary, definition of decision-maker
substitute
decision-maker—
(a) for a development approval, for division 7.3.11 (Correction and amendment of development approvals)—see section 195A; and
(b) for chapter 13 (Review of decisions)—see section 407.
Part 5 Planning and Development Regulation 2008
substitute
24 Exemption assessment D notice—attached documents—Act, s 138D (2) (b) (ii)
substitute
(2) If the works assessor or building surveyor assesses that the development is exempt—
(a) the works assessor or building surveyor must—
(i) identify any of the following relied on to assess the development as exempt development:
(A) a provision of the
;
(B) if a provision mentioned in subsubparagraph (A) incorporated a Territory Plan code—the code; and
(ii) state in the exemption assessment D notice that the provisions mentioned in subparagraph (i) were satisfied; and
(iii) initial, date and mark the works assessor or building surveyor’s licence number on each page of the plans; and
(b) the exemption must be marked on, or attached to, or partly marked on or partly attached to, each page of the plans used by the works assessor or building surveyor in the assessment.
omit
exemption assessment B notice
substitute
exemption assessment D notice
34 Compliant single dwellings—old
residential land
Schedule 1, section 1.100 (1) (c) (ii)
omit
(other than rule 33 and rule 66)
35 Compliant single dwellings—new
residential land
Schedule 1, section 1.100AA (1) (d) (ii)
omit
(other than rule 33 and rule 66)
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 25 September 2014.
2 Notification
Notified under the
on 2014.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2014
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