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This is a Bill, not an Act. For current law, see the Acts databases.
2016
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Planning and Land Management)
Contents
Page
2016
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Planning and Land Management)
Planning, Building and Environment Legislation Amendment Bill 2016 (No 2)
A Bill for
An Act to amend legislation about planning, building and the environment, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Planning, Building and Environment Legislation Amendment Act 2016 (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:
•
•
•
•
•
•
•
.
Part 2 Climate Change and Greenhouse Gas Reduction Act 2010
4 Energy efficiency
targets
Section 10
omit
Part 3 Environment Protection Act 1997
5 Authority’s
functions
Section 12 (2)
omit
section 2
substitute
section 3C
Part 4 Nature Conservation Act 2014
6 Draft nature conservation
strategy—public consultation
Section 51 (5)
omit
plan
substitute
strategy
7 Minister to decide if action plan
needed
Section 100A (4) (a)
omit
and
substitute
or
Part 5 Nature Conservation Regulation 2015
8 Reserves
Schedule 1, part
1.1, item 16
substitute
|
16
|
map 16—Woodstock West Special Purpose Reserve
|
• Stromlo
|
substitute
Division 1.2.16 Woodstock West Special Purpose Reserve
Part 6 Planning and Development Act 2007
10 Effect of approval of estate
development plan
Section 96 (2) (c) (ii)
omit
11 When development approvals take
effect—ACAT review
Section 178 (1) (b)
substitute
(b) application is made to the ACAT for review of the decision to approve the application; and
(ba) either—
(i) the ACAT confirms or varies the decision, or makes a substitute decision; or
(ii) the application is withdrawn, dismissed or struck out; and
after
development application,
insert
or the approval
after the note, insert
(c) the day after the day the application for review is withdrawn, dismissed or struck out.
14 When development approval takes
effect—activity not allowed by lease
Section 179 (2)
before
the approval as confirmed
insert
the approval, or
15 When development approval takes
effect—condition to be met
Section 180 (2)
before
the approval as confirmed
insert
the approval, or
16 Authority may ask for information
about leases from commissioner for revenue
Section 395B (3)
(a)
substitute
(a) once every month; or
Part 7 Planning and Development Regulation 2008
17 Prescribed development proposal for
community consultation—Act, s 138AE
New section 20A (1)
(ba)
insert
(ba) if the development proposal is for more than 1 building—the buildings have a total gross floor area of more than 7 000m²;
substitute
25 When survey certificate not required for development applications—Act, s 139 (2) (l)
insert
(c) is attached to the existing building or structure.
20 Exemptions from requirement for development approval Schedule 1, section 1.41 (1), definition of relevant cross-section area
omit
largest cross-section
substitute
largest vertical cross-section
21 Schedule 1, section 1.41 (1), definition of relevant cross-section area, new examples
insert
Examples—relevant cross-section area
1 A rectangular shed encroaches on the boundary clearance area of a block and is parallel to the boundary. The wall facing the boundary is 2m high and 3m wide. The roof does not increase the profile of the structure. The relevant cross-section area of the shed is 6m2.
2 A shed with a triangular footprint encroaches on the boundary clearance area of a block and the base is 1m from, and parallel to, the boundary. The apex is not in the boundary clearance area. The vertical wall facing the boundary is 2m high and 4m wide. The roof does not increase the profile of the structure. The wall is the largest cross-section area within the boundary clearance area. The relevant cross-section area of the shed is 8m2.
3 A pergola has no walls, encroaches on the boundary clearance area of a block, and is parallel to the boundary. The side facing the boundary is 2m high and 3m wide. However, the uprights have a total area facing the boundary of 0.6m2 and the crossbeam has a total area facing the boundary of 0.9m2. The relevant cross-section area of the pergola is 1.5m2.
Note An example is part of the regulation, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see
, s 126 and s 132).
22 Schedule 1, section 1.41 (2), note 3
omit
23 Schedule 1, section 1.100A (1) (b), new notes
insert
Note 1 An exemption declaration must not be granted in relation to non-compliance with a mandatory rule (see Act
, s 119 (1) (a)).
Note 2 Mandatory rule—see the Act
, s 94 (4).
24 Schedule 1, section 1.100AB (1) (b), new notes
insert
Note 1 An exemption declaration must not be granted in relation to non-compliance with a mandatory rule (see Act
, s 119 (1) (a)).
Note 2 Mandatory rule—see the Act
, s 94 (4).
Part 8 Utilities (Technical Regulation) Act 2014
25 Meaning of regulated utility
service
Section 9 (2), definition of small or medium scale
generation
substitute
small or medium scale generation means the capacity to generate an amount of power that—
(a) is not less than the lower limit, but less than the upper limit prescribed by regulation; and
(b) is connected to an electricity network.
26 Offence—reporting of
notifiable incidents by regulated utility
Section 29
omit
by telephone
substitute
by telephone or email
27 Meaning of utility infrastructure
work—div 9.5
Section 95 (g)
substitute
(g) an installation that has the capacity to generate at least the prescribed amount of electricity;
insert
113 Utilities (Technical Regulation) Regulation 2016—sch 2
(1) The provisions set out in schedule 2 are taken, on the commencement of this section, to be a regulation made under section 112.
(2) To remove any doubt and without limiting subsection (1), the regulation may be amended or repealed as if it had been made by the Executive under section 112.
(3) Also to remove any doubt, the regulation is taken—
(a) to have been notified under the Legislation Act
on the day the Planning, Building and Environment Legislation Amendment Act 2016 (No 2) is notified; and
(b) to have commenced on the commencement of the Planning, Building and Environment Legislation Amendment Act 2016 (No 2); and
(c) not to be required to be presented to the Legislative Assembly under the
, section 64 (1).
(4) Subsections (1) to (3) are laws to which the Legislation Act
, section 88 (Repeal does not end effect of transitional laws etc) applies.
(5) This section and schedule 2 expire on the day they commence.
insert
Schedule 2 New Utilities (Technical Regulation) Regulation 2016
(see s 113)
Australian Capital Territory
Utilities (Technical Regulation) Regulation 2016
Subordinate Law SL2016–
made under the
1 Name of regulation
This regulation is the Utilities (Technical Regulation) Regulation 2016.
2 Meaning of small or medium scale generation—Act, s 9 (2)
The following limits are prescribed:
(a) lower limit—200kW;
(b) upper limit—30MW.
3 Meaning of utility infrastructure work—Act, s 95 (g)
An amount of 200kW is prescribed.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 15 December 2016.
2 Notification
Notified under the
on 2016.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2016
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