Australian Capital Territory Numbered Acts

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LAND (PLANNING AND ENVIRONMENT) (NO. 77 OF 1993) - SECT 21

Application for order

21. Section 256 of the Principal Act is amended—

    (a)     by omitting from subsection (1) “Minister” and substituting “Registrar”;

    (b)     by omitting subsections (3) and (4) and substituting the following subsections:

“(3) On receiving an application under subsection (1) the Registrar shall give notice in writing of the application to—

        (a)     the Minister; and

        (b)     each person against whom the order is sought.

“(4) A notice under subsection (3) shall—

        (a)     contain a statement to the effect that the person to whom it is given may, within 7 days after the day on which he or she receives the notice, make submissions to the Registrar in relation to the making of the order; and

        (b)     have attached to it a copy of the application to which the notice relates.

“(4A) Before deciding whether to make an order the Registrar shall consider any submissions made by—

        (a)     the Minister; or

        (b)     a person against whom the order is sought;

within 7 days after the day on which he or she received notice under subsection (3) of the application for the order.

“(4B) The Registrar shall determine an application under subsection (1) by—

        (a)     making the order; or

        (b)     refusing to make the order.

“(4C) The Registrar shall cause a copy of each order made under subsection (4B) to be given to the Minister as soon as practicable after the order is made.

“(4D) The Executive may, of its own motion, make an order under this section.

“(4E) An order under subsection (4D) shall be tabled in the Legislative Assembly within 3 sitting days after the date of the order.”; and

    (c)     by omitting subsection (6) and substituting the following subsection:

“(6) If the Registrar fails to make an order under subsection (4B) within the prescribed period, the Registrar is, for the purposes of that subsection, to be taken to have refused to make an order.”.



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