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This is a Bill, not an Act. For current law, see the Acts databases.
2017
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for the Environment and Heritage)
Contents
Page
2017
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for the Environment and Heritage)
Planning, Building and Environment Legislation Amendment Bill 2017
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 2017
.
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:
•
•
•
•
•
•
•
•
•
•
•
.
The
(SL2001-36) is repealed.
Part 2 Climate Change and Greenhouse Gas Reduction Act 2010
5 Annual report by
council
Section 19 (4)
substitute
(4) However, if—
(a) there are no sitting days during the 21-day period—
(i) the Minister must give the report and the statement, and a copy of each for each member of the Legislative Assembly, to the Speaker; and
(ii) the report and the statement are taken for all purposes to have been presented to the Legislative Assembly on the day the Minister gives it to the Speaker (the report day); and
(iii) the Speaker must arrange for a copy of the report and a copy of the statement to be given to each member of the Legislative Assembly on the report day; and
(iv) despite subparagraph (ii), the Speaker must present the report and the statement to the Legislative Assembly on the next sitting day; or
(b) the 21-day period coincides with all or part of the pre-election period for a general election of members of the Assembly—the Minister must table the report and the statement in the Legislative Assembly on the second sitting day after the election is held.
6 Section 19 (5), new definition of pre-election period
insert
pre-election period—see the Electoral Act 1992
, dictionary.
Part 3 Electricity Feed-in (Large-scale Renewable Energy Generation) Act 2011
insert
26 Electricity Feed-in (Large-scale Renewable Energy Generation) Regulation 2017—sch 1
(1) The provisions set out in schedule 1 are taken, on the commencement of this section, to be a regulation made under section 25.
(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 25.
(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 2017 is notified; and
(b) to have commenced on the commencement of the Planning, Building and Environment Legislation Amendment Act 2017; 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 1 expire on the day they commence.
insert
Schedule 1 Electricity Feed-in (Large-scale Renewable Energy Generation) Regulation 2017
(see s 26)
Australian Capital Territory
Electricity Feed-in (Large scale Renewable Energy Generation) Regulation 2017
Subordinate Law SL2017-
made under the
1 Name of regulation
This regulation is the Electricity Feed-in (Large-scale Renewable Energy Generation) Regulation 2017.
2 Prescribed areas—Act, dict, def Australian capital region, par (b)
(1) Areas for which the following councils have been constituted are prescribed:
(a) Bega Valley Shire Council;
(b) Eurobodalla Shire Council;
(d) Cootamundra-Gundagai Regional Council;
(c) Goulburn Mulwaree Council;
(e) Hilltops Council;
(f) Queanbeyan-Palerang Regional Council;
(g) Snowy Monaro Regional Council;
(h) Snowy Valleys Council;
(i) Upper Lachlan Council;
(j) Yass Valley Council.
(2) In this section:
area—see the Local Government Act 1993
(NSW), dictionary.
council—see the Local Government Act 1993
(NSW), dictionary.
9 Dictionary, definition of Australian capital region
substitute
Australian capital region means the region made up of—
(a) the ACT; and
(b) if a regulation prescribes an area that makes up the region—the
prescribed area.
Part 4 Electricity Feed-in (Renewable Energy Premium) Act 2008
10 Meaning of
compliant
Section 5E (5), definition of service and
installation rules
omit
substitute
substitute
Note Technical codes made under the Utilities (Technical Regulation) Act 2014
are accessible at www.legislation.act.gov.au
. The service and installation rules are accessible at www.actewagl.com.au
.
Part 5 Energy Efficiency (Cost of Living) Improvement Act 2012
12 Sharing
information—non-territory agencies
Section 28C (1) (b)
substitute
(b) the information relates to compliance with a law of another jurisdiction
that makes provision for energy efficiency or greenhouse gas abatement.
Part 6 Environment Protection Act 1997
13 Authority may require environmental
audit
Section 76 (4) and (5)
omit
subsection (1)
substitute
subsection (1) or (2)
14 Notice of decision about provisional
registration
Section 34 (5) (b) (iv) and (v)
substitute
(iv) the council’s reasons for its decision;
(v) if an assessment of the place or object has been made against the heritage significance criteria—the assessment;
(vi) the date the decision takes effect.
Part 8 Nature Conservation Act 2014
15 Ramsar wetland management
plan—monitoring and review
Section 203 (2)
omit
5 years
substitute
7 years
16 Offence—take plant or plant
reproductive material into reserve
New section 219 (4)
insert
(4) A person has the benefit of the chapter 9 exceptions for an offence against this section.
Note The chapter 9 exceptions are set out in s 252.
Part 9 Planning and Development Act 2007
17 Draft land management
plan—custodian to prepare
New section 321 (2) (c)
insert
(c) the environment protection authority.
Part 10 Public Place Names Act 1989
18 Regard given to certain
names
Section 4 (3)
substitute
(3) Before having regard to Aboriginal or Torres Strait Islander vocabulary
under subsection (2) (e), the Minister must take reasonable steps to consult an
appropriate cultural group.
Part 11 Water Resources Act 2007
19 Coordination
group—functions
Section 67B (2) (a)
after
capital
insert
water
substitute
(4) In this section:
Australian capital water catchment region means the catchment area of the Murrumbidgee River upstream of Burrinjuck Dam.
21 Annual report by coordination
group
New section 67D (4)
substitute
(4) However, if—
(a) there are no sitting days during the 21-day period—
(i) the Minister must give the report and the statement, and a copy of each for each member of the Legislative Assembly, to the Speaker; and
(ii) the report and the statement are taken for all purposes to have been presented to the Legislative Assembly on the day the Minister gives it to the Speaker (the report day); and
(iii) the Speaker must arrange for a copy of the report and a copy of the statement to be given to each member of the Legislative Assembly on the report day; and
(iv) despite subparagraph (ii), the Speaker must present the report and the statement to the Legislative Assembly on the next sitting day; or
(b) the 21-day period coincides with all or part of the pre-election period for a general election of members of the Assembly—the Minister must table the report and the statement in the Legislative Assembly on the second sitting day after the election is held.
22 Section 67D (5), new definition of pre-election period
insert
pre-election period—see the Electoral Act 1992
, dictionary.
23 Coordination
group—membership
Section 67E (1) (a)
substitute
(a) the head of service;
(aa) the director-general of the administrative unit responsible for the
legislation prescribed by regulation;
Part 12 Water Resources Regulation 2007
insert
10A Coordination group applicable legislation—Act, s 67E (1) (aa)
The following legislation is prescribed:
(a)
;
(b)
, part 14;
(c)
.
25 Membership of coordination
group—Act, s 67E (1) (g)
Section 11 (1)
substitute
(1) The following people are prescribed:
(a) if a council is constituted for an area which is wholly or partly in the Australian capital water catchment region—a representative nominated by the council;
(b) a representative of ICON Water Limited, who is nominated by ICON Water Limited;
(c) a representative of the South East Local Board of the Local Land Services, who is nominated by the board.
26 Section 11 (2), new definitions
insert
area—see the Local Government Act 1993
(NSW), dictionary.
Australian capital water catchment region means the catchment area of the Murrumbidgee River upstream of Burrinjuck Dam.
council—see the Local Government Act 1993
(NSW), dictionary.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 23 March 2017.
2 Notification
Notified under the
on 2017.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2017
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