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LAND (PLANNING AND ENVIRONMENT) (COMPLIANCE) AMENDMENT ACT 2003 (NO. 34 OF 2003) - SCHEDULE 2

Schedule 2     Technical amendments of Land (Planning and Environment) Act 1991

(see s 3)

[2.1]     New section 4

insert

4     Offences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1     Criminal Code

    The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1):

              •     s 258 (Contravening orders)

              •     s 259B (Contravening direction to carry out rectification work)

              •     s 259D (1) (Obstructing etc authorised people)

              •     s 260A (Contravening prohibition notices)

              •     s 264 (2) (Identity cards).

    The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg "conduct", "intention", recklessness and strict liability ).

Note 2     Penalty units

    The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Explanatory note

This amendment inserts a new standard provision consequent on the Criminal Code. The Code, chapter 2 applies to all offences created after its commencement.

[2.2]     Section 186E (2), new definitions

insert

"earlier index no"—see section 186B, definition of earlier index number .

"later index no"—see section 186B, definition of later index number .

Explanatory note

This amendment makes it clear that the abbreviated references to index numbers in section 186E (1) are to the terms as defined in section 186B.

[2.3]     Section 222, new definition of inspector

insert

"inspector" means a person appointed as an inspector under section 263 (1).

Explanatory note

This amendment inserts a definition of the term in accordance with current drafting practice.

[2.4]     Division 6.4 heading

substitute

Division 6.4     Inspection and seizure powers

Explanatory note

This amendment makes the division's heading more descriptive of its contents.

[2.5]     Section 263

substitute

263     Appointment of inspectors

    (1)     The planning and land authority may appoint a person as an inspector for this part.

Note 1     For the making of appointments (including acting appointments), see Legislation Act, div 19.3.

Note 2     In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

    (2)     An inspector has the functions that the planning and land authority directs.

Explanatory note

This amendment brings the appointment provisions for inspectors into line with current drafting practice.

[2.6]     Section 276 heading

substitute

276     Review of decisions—objectors and third parties to approvals

Explanatory note

This amendment makes the section's heading more descriptive of its contents.

[2.7]     Section 279 heading

substitute

279     Application for review by objectors—notification to applicants

Explanatory note

This amendment makes the section's heading more descriptive of its contents.

[2.8]     Schedule 5, item 12

substitute

12

parking a heavy vehicle on residential land in contravention of a code of practice under the Road Transport (Safety and Traffic Management) Regulations 2000 , division 3.1.3 about the parking of heavy vehicles

20 penalty units

Explanatory note

This amendment corrects an error in the citation of the regulations.

[2.9]     Dictionary, new definition of inspector

insert

"inspector", for part 6 (Approvals and orders), means a person appointed as an inspector under section 263 (1).

Explanatory note

This amendment is consequential on another amendment.



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