PLANNING, BUILDING AND ENVIRONMENT LEGISLATION AMENDMENT BILL 2014

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Planning, Building and Environment Legislation Amendment Act 2014

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act

4 Notification by certifier of contraventions of building and development approvals—building work

Section 50 (1), except note

(a) a contravention of part 3 (Building work) or part 4 (Stop and demolition notices) or conduct that the certifier reasonably believes may be an offence under section 76 (Occupation and use of buildings), section 77 (Use of buildings restricted) or section 78 (Occupation and use of ex-government buildings), comes to the notice of the certifier; and

(b) the certifier does not tell the construction occupations registrar about the contravention or conduct—

(i) for a contravention in relation to building work that is fundamentally noncompliant—not later than the next working day after the day the contravention comes to the certifier’s attention; or

(ii) in any other case—within 21 days after the day the contravention or conduct comes to the certifier’s attention.

6 Exempt buildings and building works

Schedule 1, part 1.1, section 1.1, definition of large building

12 Transfer of land subject to building and development provision

Section 298 (4)

(4) The planning and land authority may also, in writing, consent to a transfer of a lease containing a building and development provision, or an interest in the lease, if the proposed transfer is the first sale of a lease of undeveloped land by the person who provided the infrastructure on the lease.

(a) for a decision of an entity that is required, as a condition of a development approval, to be satisfied in relation to the carrying out of the development or a stated stage of the development, under section 165 (3) (a)—the entity whose satisfaction is required; or

(b) for a decision under section 277E (1) (b) (i) or section 277E (1) (b) (ii)—the commissioner for revenue; or

eligible entity, for a reviewable decision, means an entity mentioned in schedule 1, column 3 for the decision.

interested entity, for a reviewable decision, means an entity mentioned in schedule 1, column 4 for the decision.

(a) means a decision mentioned in schedule 1, column 2, made by a decision-maker; but

(b) does not include a decision of the planning and land authority to refuse a development application under section 162 because the Minister decides under section 261 that considering the application is not in the public interest.

If a decision-maker makes a reviewable decision, the decision-maker must give a reviewable decision notice only to—

Note The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008

An eligible entity for a reviewable decision may apply to the ACAT for review of the decision.

Chapter 18 Transitional—Planning, Building and Environment Legislation Amendment Act 2014

473 Status of lease under Canberra College of Advanced Education (Leases) Act 1977 (repealed)

(2) The lease is taken, on and after the commencement of this section, to have been granted under this Act.

(3) By force of this section any continuing effect of section 457 (2) and (3) (Transitional—continued application of certain repealed Acts and provisions) because of the application of the Legislation Act

column 1 item	column 2 reviewable decision	column 3 eligible entities	column 4 interested entities
1	decision under s 141 (4) to refuse to extend the period within which further information must be provided	applicant for extension of time	entity that made representation under s 156 in relation to the application
2	decision under s 162 to approve a development application in the code track subject to conditions	applicant for development approval
3	decision under s 162 to approve a development application in the merit track subject to a condition or to refuse to approve the application, to the extent that the development proposal— (a) is subject to a rule and does not comply with the rule; or (b) is not subject to a rule	applicant for development approval	entity that made representation under s 156 in relation to the application
4	decision under s 162 to approve a development application in the merit track, whether subject to a condition or otherwise, if— (a) the application was required to be notified under s 153 and s 155, whether or not it was also required to be notified under s 154; and (b) the application is not exempted by regulation. Note A decision under s 162 is reviewable only to the extent that the development proposal— (a) is subject to a rule and does not comply with the rule; or (b) is not subject to a rule. (see s 121 (2)).	an entity if— (a) the entity made a representation under s 156 about the development proposal or had a reasonable excuse for not making a representation; and (b) the approval of the development application may cause the entity to suffer material detriment	the approval-holder
5	decision under s 162 to approve a development application in the impact track subject to a condition, or to refuse to approve the application	applicant for development approval	entity that made a representation under s 156 in relation to the application
6	decision under s 162 to approve a development application in the impact track, whether subject to a condition or otherwise, unless the application is exempted by regulation	an entity if— (a) the entity made a representation under s 156 about the development proposal or had a reasonable excuse for not making a representation; and (b) the approval of the development application may cause the entity to suffer material detriment	the approval-holder
7	decision of entity required, under condition on development approval, to be satisfied in relation to carrying out of development or stage of development (see s 165 (3) (a))	approval-holder	planning and land authority
8	decision under s 165 (5) to refuse to approve an amendment of a plan, drawing or other document approved in accordance with a condition of a development approval	approval-holder	entity that made representation under s 156 in relation to the application for development approval
9	decision under s 184 (3) to refuse to extend the prescribed period for finishing development or stage of development	approval-holder	entity that made representation under s 156 in relation to the application for the development approval
10	decision under s 189 to revoke development approval	approval-holder of approval revoked	entity that made representation under s 156 in relation to the application for the development approval
11	decision under s 193 (1) (b) (i) on reconsideration to approve application subject to condition	applicant for reconsideration	entity that made representation under s 156 in relation to the application the approval of which was reconsidered
12	decision under s 193 (1) (b) (i) on reconsideration, unless the development application to which the reconsideration relates is exempted by regulation	an entity if— (a) the entity made a representation under s 156 about the development proposal or had a reasonable excuse for not making a representation; and (b) the approval of the development application may cause the entity to suffer material detriment	applicant for reconsideration
13	decision under s 193 (1) (b) (ii) to confirm original decision on reconsideration	applicant for reconsideration	entity that made representation under s 156 in relation to the application the approval of which was reconsidered
14	decision under s 198 to refuse to amend development approval	approval-holder	entity that made representation under s 156 in relation to the application for development approval
15	decision under s 238 to refuse to grant a lease to a person by direct sale	applicant for grant of lease
16	decision under s 250 (2) to end person’s right to be granted a lease	person whose right is ended
17	decision under s 252 to refuse to consent to a dealing with a lease	lessee
18	decision under s 254 to refuse to grant a further lease	applicant for grant of further lease
19	decision under s 257 or s 258 that lease is a concessional lease	lessee
20	decision under s 258B or s 258C that lease is a concessional lease	lessee
21	decision under s 263 about the payout amount for a concessional lease	lessee
22	decision under s 266 to refuse to consent to a dealing with a lease	lessee
23	decision under s 268 to confirm variation of rent after review	lessee
24	decision under s 268 to set aside variation and substitute another variation of rent after review	lessee
25	decision under s 271 adjusting rent after reappraisal	lessee
26	decision under s 272B (2) (d) about amount payable for variation to reduce rent payable under lease to a nominal rent	lessee
27	decision under s 277E (1) (b) (i) on reconsideration about amount of lease variation charge for variation of lease	applicant for the reconsideration
28	decision under s 277E (1) (b) (ii) to confirm original decision on reconsideration about amount of lease variation charge for variation of lease	applicant for the reconsideration
29	decision under s 295 (2) about market value of improvements on land	lessee
30	decision under s 296 (1) to refuse to issue a certificate of compliance	lessee
31	decision under s 296 (2) to issue certificate of compliance stating that building and development provision has been partly complied with	lessee
32	decision under s 296 (2) to issue a certificate of compliance subject to condition that lessee provide security	lessee
33	decision under s 296 (2) to refuse to issue a certificate of compliance	lessee
34	decision under s 298 to refuse to consent to the assignment or transfer of a lease or interest in a lease	lessee
35	decision under s 298B to approve an extension of a stated time for a shorter period than that sought	lessee
36	decision under s 298B to refuse an extension of a stated time	lessee
37	decision under s 299 (2) to refuse to accept the surrender of a lease, or part of land comprised in lease	person surrendering lease or part of land comprised in lease
38	decision under s 299 (2) to accept the surrender of a lease, or part of land comprised in lease, subject to a condition	person surrendering lease or part of land comprised in lease
39	decision under s 300 to refuse to authorise payment of prescribed amount for surrendered or terminated lease	person surrendering lease or whose lease is terminated
40	decision under s 351 to make a controlled activity order other than the order applied for	applicant for controlled activity order
41	decision under s 351 to refuse to make a controlled activity order	applicant for controlled activity order
42	decision under s 351 to make a controlled activity order	person against whom order directed lessee of land to which order relates occupier of land to which order relates
43	decision under s 355 to make a controlled activity order	person against whom order directed lessee of land to which order relates occupier of land to which order relates
44	decision under s 363 (4) to refuse to revoke a controlled activity order	applicant for revocation lessee of land to which order relates occupier of land to which order relates
45	decision under s 377 (3) to give a prohibition notice	person against whom notice directed lessee of land to which notice relates occupier of land to which notice relates
46	decision under s 380 (3) to refuse to revoke a prohibition notice	applicant for revocation lessee of land to which notice relates occupier of land to which notice relates
47	decision under s 382 to terminate a lease	person whose lease is terminated
48	decision under s 383 to terminate a licence	person whose licence is terminated
49	decision under s 417 to refuse to grant a right to extract minerals	person applying for grant of right

17 When survey certificate not required for development applications—Act, s 139 (2) (i)

Section 25 (3)

18 When development approvals do not require amendment—Act, s 198C (3)

Section 35 (2) to (4) and note

19 Exemptions from requirement for development approval

Schedule 1, section 1.4 (1), examples

27 Limited public notification of certain merit track development applications

Schedule 2, new items 7 and 8

, this Act applies, until 31 March 2015, to a utility service mentioned in those provisions.

(2) However, subsection (1) does not apply to a utility service that is the sale of energy to a person for premises within the meaning of the National Energy Retail Law (ACT)

Australian Capital Territory Bills

PLANNING, BUILDING AND ENVIRONMENT LEGISLATION AMENDMENT BILL 2014