Australian Capital Territory Numbered Acts

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LAND (PLANNING AND ENVIRONMENT) (NO. 87 OF 1999) - SECT 3

Determination of applications

    Section 229A of the Land (Planning and Environment) Act 1991 is amended by omitting subsections (6) and (7) and substituting the following subsections:

“(6)     If the Minister considers that an application that has been referred to the Commissioner for determination under subsection (3) or (4)—

        (a)     raises a major issue of policy; or

        (b)     seeks approval for a development that may have a substantial effect on the achievement or development of objectives of the Territory Plan; or

        (c)     allows a decision that would give rise to a substantial public benefit;

the Minister may, at any time before the application is determined by the Commissioner, by written notice given to the Commissioner, revoke the reference.

“(7)     If the Minister revokes a reference of an application to the Commissioner, the Minister must—

        (a)     give to the applicants written notice of the revocation and the grounds on which the reference has been revoked; and

        (b)     cause to be laid before the Legislative Assembly, within 3 sitting days after the reference is revoked, a statement containing—

              (i)     a description of the development to which the application relates; and

              (ii)     particulars of the land on which the development would take place; and

              (iii)     the names of the applicants; and

              (iv)     particulars of the ground on which the reference was revoked; and

        (c)     cause a copy of the notice of revocation given to the Commissioner to be published in the Gazette within 21 days after the notice is given; and

(d)     determine the application.”.



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