PLANNING AND DEVELOPMENT ACT 2007 (NO. 24 OF 2007 )

Australian Capital Territory Numbered Acts

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PLANNING AND DEVELOPMENT ACT 2007 (NO. 24 OF 2007 )

TABLE OF PROVISIONS

Long Title

CHAPTER 1--PRELIMINARY

1. Name of Act
2. Commencement
3. Dictionary
4. Notes
5. Offences against Act—application of Criminal Code etc

CHAPTER 2--OBJECT AND IMPORTANT CONCEPTS

6. Object of Act
7. Meaning of development
8. Meaning of use—Act
9. Meaning of sustainable development

CHAPTER 3--THE PLANNING AND LAND AUTHORITY AND CHIEF PLANNING EXECUTIVE

PART 3.1--THE PLANNING AND LAND AUTHORITY

10. Establishment of authority
11. Territory bound by actions of authority

PART 3.2--FUNCTIONS OF PLANNING AND LAND AUTHORITY

12. Authority functions
13. Authority to comply with directions

PART 3.3--OPERATIONS OF PLANNING AND LAND AUTHORITY

14. Ministerial directions to authority
15. Assembly may recommend directions to authority
16. Statement of planning intent
17. Provision of planning services to others—ministerial approval
18. Reports by authority to Minister
19. Authority's annual report
20. Delegations by authority

PART 3.4--THE CHIEF PLANNING EXECUTIVE

21. Appointment of chief planning executive
22. Chief planning executive's employment conditions
23. Functions of chief planning executive
24. Suspension or ending of chief planning executive's appointment

PART 3.5--AUTHORITY STAFF AND CONSULTANTS

25. Authority staff
26. Authority consultants

PART 3.6--PUBLIC REGISTER AND ASSOCIATED DOCUMENTS

27. Authority to keep public register
28. Contents of public register
29. Inspection etc of public register and associated documents
30. Meaning of associated document—pt 3.6

CHAPTER 4--THE LAND DEVELOPMENT AGENCY

PART 4.1--ESTABLISHMENT AND FUNCTIONS OF LAND AGENCY

31. Establishment of land agency
32. Functions of land agency
33. Exercise of land agency functions

PART 4.2--FINANCIAL AND GENERAL LAND AGENCY PROVISIONS

34. Proceeds of lease sales
35. Payment of funds to Territory
36. Liability for territory taxes
37. Ministerial directions to land agency
38. Territory to compensate land agency for cost of complying with
39. Land agency board committees
40. Land agency's annual report
41. Delegation by land agency

PART 4.3--LAND AGENCY BOARD

42. Establishment of land agency board
43. Land agency board members

PART 4.4--LAND AGENCY STAFF AND CONSULTANTS

44. Land agency staff
45. Land agency consultants

CHAPTER 5--TERRITORY PLAN

PART 5.1--THE TERRITORY PLAN, ITS OBJECT AND EFFECT

46. Territory plan
47. Public availability of territory plan
48. Object of territory plan
49. Giving effect to object of territory plan
50. Effect of territory plan

PART 5.2--CONTENTS OF TERRITORY PLAN

51. Contents of territory plan
52. Statement of strategic directions
53. Objectives for zones
54. Development tables
55. Codes in territory plan
56. Territory plan map

PART 5.3--VARIATIONS OF TERRITORY PLAN OTHER THAN TECHNICAL AMENDMENTS

Division 5.3.1--Overview, interpretation and application—pt 5.3

57. How territory plan is varied under pt 5.3
58. Definitions—pt 5.3
59. Pt 5.3 does not apply to technical amendments

Division 5.3.2--Consultation on draft plan variations

60. Preparation of draft plan variations
61. Consultation etc about draft plan variations being prepared
62. Ministerial requirements for draft plan variations being prepared
63. Public consultation—notification
64. Public consultation—notice of interim effect etc
65. Effect of draft plan variations publicly notified
66. Public consultation—availability of draft plan variations
67. Public inspection of comments on draft plan variations

Division 5.3.3--Action after consultation about draft plan variations

68. Revision and withdrawal of draft plan variations

Division 5.3.4--Draft plan variations given to Minister

69. Draft plan variations to be given to Minister etc
70. Public notice of documents given to Minister
71. Public availability notice—notice of interim effect etc
72. Effect of draft plan variations given to Minister

Division 5.3.5--Consideration of draft plan variations by Assembly committee

73. Consideration of draft plan variations by Legislative Assembly committee
74. Committee reports on draft plan variations
75. Committee fails to report promptly on draft plan variations

Division 5.3.6--Ministerial and Legislative Assembly action on draft plan variations

76. Minister's powers in relation to draft plan variations
77. Minister may revoke approval of draft plan variations before
78. Return of draft plan variations to authority
79. Presentation of plan variations to Legislative Assembly
80. Assembly may reject plan variations completely or partly
81. Effect of dissolution etc of Legislative Assembly
82. Consequences of rejection of plan variations by Legislative Assembly

Division 5.3.7--Commencement and publication of plan variations

83. Commencement and publication of plan variations
84. Partial rejection of plan variations by Legislative Assembly
85. Partial rejection of plan variations—publication etc

PART 5.4--PLAN VARIATIONS--TECHNICAL AMENDMENTS

86. Definitions—pt 5.4
87. What are technical amendments of territory plan?
88. Is consultation needed for technical amendments?
89. Making technical amendments
90. Limited consultation

PART 5.5--PLAN VARIATIONS--STRUCTURE PLANS AND REZONING IN FUTURE URBAN AREAS

91. Including structure plan by plan variation
92. What is a structure plan?
93. What is a concept plan?
94. What is an estate development plan?
95. Rezoning—future urban areas
96. When land ceases to be in future urban area

PART 5.6--PLANNING REPORTS AND STRATEGIC ENVIRONMENTAL ASSESSMENTS

97. What is a planning report?
98. Preparation of planning reports
99. What is a strategic environmental assessment?
100. Preparation of strategic environmental assessments
101. Regulation about strategic environmental assessments

PART 5.7--REVIEW OF TERRITORY PLAN

102. Consideration of whether review of territory plan necessary
103. Review of territory plan

PART 5.8--TERRITORY PLAN--MISCELLANEOUS

104. Limitations on challenge to validity of territory plan provisions

CHAPTER 6--PLANNING STRATEGY

105. Planning strategy
106. Public availability of planning strategy
107. Main object of planning strategy
108. Relationship with territory plan
109. Consideration of planning strategy
110. Consideration of whether review of planning strategy necessary
111. If review of planning strategy necessary

CHAPTER 7--DEVELOPMENT APPROVALS

PART 7.1--OUTLINE

112. Outline—ch 7

PART 7.2--ASSESSMENT TRACKS FOR DEVELOPMENT APPLICATIONS

Division 7.2.1--Operation of assessment tracks generally

113. Relationship between development proposals and development applications
114. Application of assessment tracks to development proposals
115. Application of inconsistent code requirements

Division 7.2.2--Code track

116. Code track—when development approval must be given
117. Code track—notification, right of review, governmental consultation and
118. Code track—time for decision on application

Division 7.2.3--Merit track

119. Merit track—when development approval must not be given
120. Merit track—considerations when deciding development
121. Merit track—notification and right of review
122. Merit track—time for decision on application

Division 7.2.4--Impact track

123. Impact track applicability
124. Minister may declare impact track applicable
125. Declaration by Public Health Act Minister affects assessment track
126. Declaration etc of impact track after application
127. Impact track—development applications
128. Impact track—when development approval must not be given
129. Impact track—considerations when deciding development
130. Impact track—notification and right of review
131. Impact track—time for decision on application

Division 7.2.5--Development proposals not in development table and not exempted

132. Impact track applicable to development proposals not otherwise provided

Division 7.2.6--Exempt development

133. What is an exempt development?
134. Exempt development—authorised use
135. Exempt development—no need for application or approval

Division 7.2.7--Prohibited development

136. Development proposals for prohibited development
137. Applications for development approval in relation to use for otherwise prohibited

PART 7.3--DEVELOPMENT APPLICATIONS

Division 7.3.1--Pre-application advice on development proposals

138. Consideration of development proposals

Division 7.3.2--Requirements for development applications

139. Form of development applications
140. Effect of approvals in development applications
141. Authority may require further information—development
142. Effect of failure to provide further information—development
143. Correcting development applications
144. Amending development applications
145. Referred development application amended
146. Notice of amended development applications
147. Withdrawal of development applications

Division 7.3.3--Referral of development applications

148. Some development applications to be referred
149. Requirement to give advice in relation to development applications
150. Effect of no response by referral entity
151. Effect of advice by referral entity

Division 7.3.4--Public notification of development applications and representations

152. What is publicly notifies for ch 7?
153. Public notice to adjoining premises
154. Public notice to registered interest-holders
155. Major public notification
156. Representations about development applications
157. Meaning of public consultation period for development

Division 7.3.5--Ministerial call-in power for development applications

158. Direction that development applications be referred to Minister
159. Minister may decide to consider development applications
160. Minister decides to consider referred development applications
161. After Minister decides referred development applications

Division 7.3.6--Deciding development applications

162. Deciding development applications
163. Power to approve etc development applications deemed refused
164. Refusal does not affect existing use
165. Conditional approvals

Division 7.3.7--Extensions of time for deciding development applications

166. Extension of time for further information—further information
167. Extension of time for further information—further information
168. Extension of time for further information—no further information
169. Extension of time—application amended

Division 7.3.8--Notice of decisions on development applications

170. Notice of approval of application
171. Notice of refusal of application
172. Notice of decision on referred development application
173. Notice if representation by 2 or more people
174. Notice of decision to referral entities

Division 7.3.9--Effect and duration of development approvals

175. When development approvals take effect—no representations and no right of
176. When development approvals take effect—single representation with AAT review
177. When development approvals take effect—multiple representations with AAT review
178. When development approvals take effect—AAT review
179. When development approval takes effect—activity not allowed by
180. When development approval takes effect—condition to be met
181. When development approval takes effect—activity not allowed by lease and
182. When development approval takes effect—application for
183. When development approval takes effect—reconsideration and review
184. End of development approvals other than lease variations
185. End of development approvals for lease variations
186. End of development approvals for use under lease without lease variation, licence or
187. End of development approvals for use under licence or permit
188. Development approvals continue unless ended
189. Revocation of development approvals

Division 7.3.10--Reconsideration of decisions on development applications

190. Definitions—div 7.3.10
191. Applications for reconsideration
192. Notice to AAT of reconsideration application
193. Reconsideration
194. No action by authority within time
195. Notice of decisions on reconsideration

Division 7.3.11--Correction and amendment of development approvals

196. Correcting development approvals
197. Applications to amend development approvals
198. Deciding applications to amend development approvals

PART 7.4--DEVELOPMENTS WITHOUT APPROVAL

199. Offence to develop without approval
200. Offence to undertake prohibited development
201. Development authorised by approval before prohibition
202. Offence to develop other than in accordance with conditions
203. Development other than use lawful when begun
204. Use as development lawful when begun
205. Development applications for developments undertaken without approval

CHAPTER 8--ENVIRONMENTAL IMPACT STATEMENTS AND INQUIRIES

PART 8.1--INTERPRETATION--CH 8

206. Definitions—ch 8
207. Proponents

PART 8.2--ENVIRONMENTAL IMPACT STATEMENTS

208. What is an EIS?
209. When is an EIS completed?
210. When is a completed EIS required?
211. EIS not required if development application exempted
212. Scoping of EIS
213. Contents of scoping document
214. Time to provide scoping document
215. Term of scoping document
216. Preparing draft EIS
217. Public notification of draft EIS
218. Meaning of public consultation period for draft
219. Representations about draft EIS
220. Publication of representations about draft EIS
221. Revising draft EIS
222. Authority consideration of EIS
223. EIS given to authority out of time
224. Chance to address unaddressed matters
225. Giving EIS to Minister
226. Notice of no action on EIS given to Minister
227. Minister may present EIS to Legislative Assembly

PART 8.3--INQUIRY PANELS

228. Establishment of inquiry panels
229. How does the Minister establish an inquiry panel?
230. Time for reporting by inquiry panels
231. Inquiry panel findings and report to be independent
232. Protection of people on inquiry panels from liability
233. Recovery of inquiry panel costs

CHAPTER 9--LEASES AND LICENCES

PART 9.1--DEFINITIONS AND APPLICATION--CH 9

234. Definitions—ch 9
235. Meaning of concessional lease and lease—Act

PART 9.2--GRANTS OF LEASES GENERALLY

236. Effect subject to pt 9.7
237. Authority may grant leases
238. Granting leases
239. Eligibility for grant of lease by auction, tender or ballot
240. Restriction on direct sale by authority
241. Direct sale if single person in restricted class
242. Notice of direct sale
243. Direct sale leases subject to agreed provisions
244. Authority need not grant lease
245. Planning report before granting leases
246. Payment for leases
247. Use of land for leased purpose
248. Access to leased land from roads and road related areas
249. No right to use, flow and control of water
250. Failure to accept and execute lease
251. Restrictions on dealings with certain leases
252. Consent to s 251 dealings
253. Leases held by Territory not to be transferred or assigned

PART 9.3--GRANTS OF FURTHER LEASES

254. Grant of further leases
255. Grant of further lease includes authorised use

PART 9.4--CONCESSIONAL LEASES

Division 9.4.1--Deciding whether leases concessional

256. Application for decision about whether lease concessional
257. Decision about whether lease concessional
258. Authority may decide whether lease concessional on own initiative
259. Decision that lease is concessional

Division 9.4.2--Varying concessional leases to remove concessional status

260. Application—div 9.4.2
261. No decision on application unless consideration in public
262. Development approval of application about concessional lease subject to
263. Working out amount payable to discharge concessional leases
264. Uses under leases varied by surrender and regrant to remove concessional

Division 9.4.3--Restrictions on dealings with concessional leases

265. Restrictions on dealings with concessional leases
266. Consent to s 265 dealings

PART 9.5--RENT VARIATIONS AND RELIEF FROM PROVISIONS OF LEASES

267. Variations of rent
268. Review of variations of rent
269. Reduction of rent and relief from provisions of lease

PART 9.6--LEASE VARIATIONS

Division 9.6.1--Lease variations—general

270. Effect subject to pt 9.7

Division 9.6.2--Variation of rental leases

271. Variation of rental leases
272. Advice of rent payable on variation of lease
273. Variation of lease to pay out rent
274. No variations to extend term
275. No variation of certain leases for 5 years

Division 9.6.3--Variation of nominal rent leases

276. Variation of nominal rent lease—change of use charge
277. Working out change of use charge
278. When authority must remit change of use charge
279. When authority must increase change of use charge

PART 9.7--RURAL LEASES

Division 9.7.1--Further rural leases

280. Determination of amount payable for further leases—rural land
281. Fixing period for further leases—rural land

Division 9.7.2--Exceptions for rural leases

282. Definitions—div 9.7.2
283. Land management agreements
284. Dealings with rural leases
285. Exceptions to s 283 and s 284
286. Delayed requirement to enter into land management agreement
287. No subdivision or consolidation of rural leases

PART 9.8--LEASES--IMPROVEMENTS

288. Definitions—pt 9.8
289. Application of pt 9.8 to improvements
290. Renewing lessee not liable to pay for improvements
291. Authority to pay for certain improvements
292. Land declared available for further lease
293. Lease surrendered or terminated
294. Withdrawal of lease or part before end
295. Deciding value of improvements

PART 9.9--LEASES--CERTIFICATES OF COMPLIANCE AND BUILDING AND DEVELOPMENT PROVISIONS

296. Certificates of compliance
297. Certificates of compliance relating to Unit Titles Act leases
298. Transfer of land subject to building and development provision

PART 9.10--SURRENDERING AND TERMINATION OF LEASES

299. Refund on lease surrender or termination
300. Lessee may surrender lease or part of lease

PART 9.11--LICENCES FOR UNLEASED LAND

301. Criteria for granting licences for unleased land
302. Applications for licences for unleased land
303. Decision on licence applications for unleased land
304. Licences—form etc
305. Licences—when not needed

PART 9.12--LEASES AND LICENCES--MISCELLANEOUS

306. Land leased to be held as undivided parcel
307. Power of lessee to sublet part of building
308. Power of lessee to sublet part of land
309. Subletting for siting of mobile homes
310. Reservation of minerals
311. Access to lease documents and development agreements
312. How land may be recovered if former lessee or licensee in

CHAPTER 10--MANAGEMENT OF PUBLIC LAND

PART 10.1--INTERPRETATION--CH 10

313. Definitions—ch 10

PART 10.2--PROVIDING FOR PUBLIC LAND

314. Recommendations to authority

PART 10.3--MANAGEMENT OF PUBLIC LAND

315. Reserved areas—public land
316. Management of public land
317. Management objectives for areas of public land

PART 10.4--PLANS OF MANAGEMENT FOR PUBLIC LAND

318. Definitions—pt 10.4
319. Content of plans of management
320. Preparation of plans of management
321. Variations of plans of management other than technical variations
322. Planning reports and SEAs—draft plans of management
323. Public consultation about draft plans of management
324. Revision of draft plans of management
325. Giving draft plans of management to Minister
326. Consideration of draft plans of management by Legislative Assembly
327. Minister's powers on receiving draft plans of management
328. Referral of draft plans of management to proponent
329. Notice of revival of deferred draft plans of management
330. Plans of management—notification, presentation, disallowance and date of
331. Technical variations
332. Review of plans of management

PART 10.5--CUSTODIANSHIP MAP

333. What is a custodian?
334. Custodianship map

PART 10.6--LEASES FOR PUBLIC LAND

335. Definitions—pt 10.6
336. Leases of public land—generally
337. Grant of leases of public land

PART 10.7--PUBLIC LAND--MISCELLANEOUS

338. Miners' rights in relation to public land

CHAPTER 11--CONTROLLED ACTIVITIES

PART 11.1--INTERPRETATION--CH 11

339. Definitions

PART 11.2--COMPLAINTS ABOUT CONTROLLED ACTIVITIES

340. Who may complain?
341. Form of complaints
342. Withdrawal of complaints
343. Further information about complaints etc
344. Investigation of complaints
345. Action after investigating complaints
346. When authority satisfied no further action on complaint
347. Referral of complaints under s 345 (1) (b)
348. Use of information received and discovered

PART 11.3--CONTROLLED ACTIVITY ORDERS

Division 11.3.1--Controlled activity orders on application

349. Meaning of show cause notice—div 11.3.1
350. Applications to authority for controlled activity orders
351. Decision on application for controlled activity order

Division 11.3.2--Controlled activity orders on authority's initiative

352. Meaning of show cause notice—div 11.3.2
353. Controlled activity orders on authority's own initiative
354. Inaction after show cause notice
355. Decision on proposed controlled activity order on authority's own

Division 11.3.3--Ongoing controlled activity orders

356. What is an ongoing controlled activity order?
357. When can an ongoing controlled activity order be made?

Division 11.3.4--Provisions applying to all controlled activity orders

358. Content of controlled activity orders
359. Notice of making of controlled activity orders
360. Who is bound by a controlled activity order?
361. Contravening controlled activity orders
362. Notice of appeal against controlled activity orders
363. Ending controlled activity orders
364. Notice ending controlled activity orders

PART 11.4--RECTIFICATION WORK

365. Definitions—pt 11.4
366. Direction to carry out rectification work
367. Contravening direction to carry out rectification work
368. Authorisation to carry out rectification work
369. Obligation and powers of authorised people
370. Rectification work by authorised people—entry with consent
371. Liability for cost of rectification work
372. Criteria for deferral of rectification work costs
373. Application for deferral of rectification work costs
374. Deferral of rectification work costs
375. Security for deferred rectification work costs
376. Payment of deferred rectification work costs

PART 11.5--PROHIBITION NOTICES

377. Giving prohibition notices
378. Contravening prohibition notices
379. Ending prohibition notices
380. Application for revocation of prohibition notices

PART 11.6--INJUNCTIONS, TERMINATIONS AND ENDING LEASES AND LICENCES

381. Injunctions to restrain contravention of controlled activity orders and prohibition
382. Termination of leases
383. Termination of licences
384. Notice of termination

PART 11.7--CONTROLLED ACTIVITIES--MISCELLANEOUS

385. Victimisation etc

CHAPTER 12--ENFORCEMENT

PART 12.1--GENERAL

386. Definitions—ch 12

PART 12.2--INSPECTORS

387. Appointment of inspectors
388. Identity cards

PART 12.3--POWERS OF INSPECTORS

389. Power to enter premises
390. Production of identity card
391. Consent to entry
392. General powers on entry to premises
393. Power to require name and address
394. Power to seize things

PART 12.4--INFORMATION REQUIREMENTS

395. Information requirements
396. Treatment of documents provided under information requirement
397. Contravention of information requirements

PART 12.5--SEARCH WARRANTS

398. Warrants generally
399. Warrants—application made other than in person
400. Search warrants—announcement before entry
401. Details of search warrant to be given to occupier etc
402. Occupier entitled to be present during search etc

PART 12.6--RETURN AND FORFEITURE OF THINGS SEIZED

403. Receipt for things seized
404. Moving things to another place for examination or processing under search
405. Access to things seized
406. Return of things seized

CHAPTER 13--REVIEW OF DECISIONS

407. Definitions—ch 13
408. AAT review—general
409. AAT review—people who made representations etc
410. Challenge to validity of Ministerial decisions on development

CHAPTER 14--MISCELLANEOUS

411. Restrictions on public availability—comments, applications, representations and
412. Restrictions on public availability—security
413. Damage etc to be minimised
414. Compensation for exercise of enforcement powers
415. Enforcement actions unaffected by other approvals etc
416. Evidence of ending of lease
417. Rights to extract minerals
418. Secrecy
419. Meaning of material detriment—Act
420. Ministerial guidelines
421. Expiry of notifiable instruments
422. Declaration of authority website
423. Construction of outdated references
424. Determination of fees
425. Approved forms
426. Regulation-making power

CHAPTER 15--TRANSITIONAL

PART 15.1--TRANSITIONAL--GENERAL

427. Definitions—ch 15
428. Repeals
429. Transitional regulations
430. Transitional effect—Legislation Act, s 88
431. Expiry—ch 15

PART 15.2--TRANSITIONAL--TERRITORY PLAN

432. Transitional—territory plan
433. Transitional—public consultation on territory plan
434. Transitional—consultation with national capital authority
435. Variations begun but not notified under repealed Act
436. Draft plan variations publicly notified under repealed Act
437. Draft plan variation revised etc under repealed Act
438. Transitional—draft plan variation submitted to Minister under repealed Act
439. Transitional—draft plan variation referred to Legislative Assembly committee under repealed

PART 15.3--TRANSITIONAL--PLANNING STRATEGY

440. Transitional—planning strategy

PART 15.4--DEVELOPMENT AND DEVELOPMENT APPLICATIONS

441. Transitional—meaning of development—Act
442. Transitional—applications lodged before commencement day
443. Transitional—applications for review not finally decided
444. Transitional—approvals in force before commencement
445. Transitional—approvals in force with uncommenced extension
446. Transitional—application for development approval if lease and development condition under repealed
447. Extended meaning of development approval—s 199

PART 15.5--TRANSITIONAL--EXISTING RIGHTS TO USE LAND, BUILDINGS AND STRUCTURES

448. Existing rights to use land etc not affected

PART 15.6--TRANSITIONAL--LEASES AND LICENCES

449. Transitional—community leases
450. Transitional—special leases—s 251
451. Transitional—Leases Act 1918 leases—s 251
452. Transitional—extended application of s 254
453. Transitional—extended application of s 275
454. Transitional—extended application of s 284
455. Transitional—effect of s 249
456. Transitional—status of leases and licences
457. Transitional—continued application of certain repealed Acts and provisions
458. Transitional—applications for certain grants decided promptly
459. Transitional—applications for certain grants decided after 6 months
460. Transitional—applications for licences decided promptly
461. Transitional—applications for licence decided after 6 months

PART 15.7--TRANSITIONAL--CONTROLLED ACTIVITIES

462. Transitional—meaning of construction occupations licensee in s 345 (4)
463. Transitional—certain controlled activities

PART 15.8--TRANSITIONAL--ADMINISTRATIVE

464. Transitional—chief planning executive
465. Transitional—land agency board members
466. Transitional—inspectors
467. Plans of management
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
DICTIONARY
ENDNOTES

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