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This is a Bill, not an Act. For current law, see the Acts databases.
2018
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for the Environment and Heritage)
Contents
Page
2018
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for the Environment and Heritage)
Planning, Building and Environment Legislation Amendment Bill 2018
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 2018
.
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 City Renewal Authority and Suburban Land Agency Act 2017
in division 2.2, insert
14A Delegation by authority
(1) The authority may delegate the authority’s functions to the authority CEO.
Note For the making of delegations and the exercise of delegated
functions, see the
, pt 19.4.
(2) The authority CEO may subdelegate to an authorised person a function delegated under subsection (1) if the subdelegation is authorised, in writing, by the authority.
(3) In this section:
authorised person means—
(a) a public employee; or
(b) a person prescribed by regulation.
5 Establishment of governing board for
authority
Section 15, new note
insert
Note An appointment of a governing board member is an appointment
under this section (see
, s 78 (7) (b)).
in division 3.1, insert
44A Delegation by agency
(1) The agency may delegate the agency’s functions to the agency CEO.
Note For the making of delegations and the exercise of delegated
functions, see the
, pt 19.4.
(2) The agency CEO may subdelegate to an authorised person a function delegated under subsection (1) if the subdelegation is authorised, in writing, by the agency.
(3) In this section:
authorised person means—
(a) a public employee; or
(b) a person prescribed by regulation.
7 Establishment of governing board for
agency
Section 45, new note
insert
Note 1 An appointment of a governing board member is an appointment under this section (see Financial Management Act 1996
, s 78 (7) (b)).
substitute
65 Affordable, community and public housing targets
(1) This section applies to the following kinds of developments:
(a) the building of dwellings on land leased by the Territory, or unleased territory land, in an urban renewal precinct;
(b) the building of dwellings on land leased by the Territory, or unleased territory land, in connection with urban renewal other than in an urban renewal precinct;
(c) the building of dwellings in a new suburb.
(2) The Minister must determine housing targets (a housing target determination) for a development for the minimum number of dwellings in the development for each of the following kinds of housing:
(a) affordable housing;
(b) community housing;
(c) public housing.
(3) The housing target determination for a development must state the maximum number of dwellings anticipated to be built in the development.
(4) A housing target for a development—
(a) applies when the target is first determined; and
(b) if a lease is granted to a person over land leased by the Territory, or unleased territory land, that is part of a development mentioned in subsection (1) (a) or (b) after the target in relation to the land is determined—applies when the lease is granted; and
(c) continues to apply until the completion of all dwellings in the development that meet the housing target.
Example—par (b)
The Minister determines a housing target for a development involving the building of dwellings on unleased territory land in an urban renewal precinct. If a lease over the land is granted to someone after the determination is made, the housing target for the development applies when the lease is granted.
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).
(5) A housing target determination may refer to a development mentioned in subsection (1)—
(a) by referring to the development’s block and section number; or
(b) by referring to a name by which the development is known; or
(c) in any other way the Minister considers appropriate.
(6) Before determining a housing target, the Minister must seek the views of the housing commissioner in relation to the proposed housing target.
(7) A housing target determination is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
(8) In this section:
dwelling—see the Planning and Development Regulation 2008
, section 5.
insert
• housing commissioner
• Minister (see s 162)
• notifiable instrument (see s 10)
• territory land
• the Territory
10 Decision about cancellation
proposal
Section 49 (2)
omit
this section
substitute
subsection (1) (a)
Part 4 Nature Conservation Act 2014
substitute
119 Draft native species conservation plan—consultation with lessee and custodian
(1) In preparing a draft native species conservation plan for stated land, the conservator must consult the relevant person for the stated land if the plan requires the person to do or not do something.
(2) However, the conservator need not consult the relevant person in relation to something the person may do under the plan even though, if done, the thing must be done in the way stated in the plan.
(3) In this section:
relevant person, for stated land, means—
(a) if the land is leased land—the lessee of the land; and
(b) if the land is unleased land or public land—the custodian of the land.
12 Draft controlled native species
management plan—consultation with lessee and custodian
Section
161 (1)
omit
or permits
insert
(1A) However, the conservator need not consult the relevant person in relation to something the person may do under the plan even though, if done, the thing must be done in the way stated in the plan.
14 Conservator’s
directions
Section 331 (3)
omit everything before paragraph (a), substitute
(3) A conservator’s direction must not be inconsistent with any of the
following that apply to the species, community or habitat:
Part 5 Planning and Development Regulation 2008
15 People to be notified—Act, s
63 (5) (b)
New section 7 (1) (aa)
insert
(aa) each lessee of each block (other than the block to which the draft plan variation applies) in the section to which the draft plan variation applies;
16 Certain direct sales not requiring
approval—Act, s 240 (1) (d)
Section 130 (1)
(f)
substitute
(f) a lease to a registered community housing provider;
17 Section 130 (2), new definitions
insert
Community Housing Providers National Law (ACT) means the provisions applying because of the Community Housing Providers National Law (ACT) Act 2013
, section 7.
registered community housing provider—see the Community Housing Providers National Law (ACT)
, section 4 (1).
18 Exemptions from restrictions on
dealings with certain leases—Act, s 251 (5)
Section
142 (a)
substitute
(a) a lease to a registered community housing provider;
insert
(2) In this section:
registered community housing provider—see section 130 (2).
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 12 April 2018.
2 Notification
Notified under the
on 2018.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2018
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