Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(see s 5)
Part 1.1 Animal Diseases Act 2005
substitute
(f) the artificial breeding of stock;
Explanatory note
Existing section 90 (f) provides for the making of regulations in relation to the use of semen in artificial insemination of stock. This amendment ensures that the regulation-making power covers all artificial breeding procedures for stock and all equipment used in those procedures (compare Stock Diseases Amendment (Artificial Breeding) Act 2004 (NSW)).
omit
stock
Explanatory note
This amendment updates the provision consequent on the amendment of the definition of tag by the next amendment. The provision presently provides for the making of regulations in relation to the requirements of stock tags. The next amendment clarifies the meaning of tag to mean a tag etc ‘designed to be attached or placed on tagable stock to identify stock for this Act'. The reference to ‘stock' in this provision, therefore, becomes redundant.
[1.3] Dictionary, definition of tag
substitute
"tag "means a tag, label, mark or electronic device designed to be attached to or placed on tagable stock to identify stock for this Act.
Explanatory note
This amendment clarifies the meaning of the definition of tag and links it more clearly to the Act.
Part 1.2 Land (Planning and Environment) Act 1991
substitute
(b) if an objection is made to the relevant application under section 237, but an application is not made to the AAT for review of the decision within 4 weeks after the day the person was notified of the decision—on the day after the end of the 4-week period; or
Explanatory note
Under the Land (Planning and Environment) Act 1991 , section 276 (3) an objector or third-party may apply to the administrative appeals tribunal (the AAT ) for review of certain decisions within 4 weeks after the day the person is notified of the decision. By contrast, section 249 (2) (b) presently provides that, if an objection was made to an application for approval to undertake a development (see s 222), but an application to the AAT for the review of that decision is not made ‘within 4 weeks after the day of the decision', the approval takes effect ‘on the day after the end of the period of 4 weeks'.
Consequently, as the provisions presently stand, an approval can take effect before the end of the period for making an application to the AAT for review of the decision to give the approval. This is because the period after which the approval becomes effective, and the application period for AAT review, can begin on different days. This will be the case if the objector or third-party is not notified of the decision on the day it is made.
This anomaly is removed by bringing the operation of section 249 (2) (b) into line with the time limit in section 276 (3) for applying for AAT review. The amendment gives effect to the suggestion of the AAT in Tonks and ACT Planning and Land Authority , [2005] ACTAAT 8, paragraph 12, that the Act should be amended to ensure consistency between the 2 provisions.
Part 1.3 Road Transport (Safety and Traffic Management) Act 1999
substitute
(2) In a proceeding for an offence against this part, it is sufficient to prove a vehicle was loaded unsafely if the prosecution proves the load on the vehicle was not placed, secured or restrained in a way that met the standards prescribed by regulation.
Explanatory note
This amendment omits a reference to an out-of-date publication presently mentioned in the subsection and provides for the applicable standards to be prescribed by regulation.
Part 1.4 Road Transport (Safety and Traffic Management) Regulation 2000
insert
115 Standards for safe carriage of loads—Act, s 14 (2)
The prescribed standards are the performance standards in the Load Restraint Guide—Guidelines and Performance Standards for the Safe Carriage of Loads on Road Vehicles , 2nd ed (2004) published by the National Transport Commission.
Explanatory note
This amendment is consequential on the amendment of the Road Transport (Safety and Traffic Management) Act 1999 and prescribes the current standards for the safe loading of vehicles.
Part 1.5 Waste Minimisation Act 2001
substitute
10 Chief executive to give public notice of proposed IWRP
Explanatory note
This amendment changes a reference to ‘EPA' (the Environment Protection Authority) to ‘chief executive' and brings the heading more closely into line with the scope of the section.
References within the Act to ‘EPA' are being changed to ‘chief executive' to enable administrative responsibility for the Act to be set in the usual way by administrative arrangements under the Self-Government Act and the Public Sector Management Act 1994 . Under the Legislation Act, section 163, a reference in a provision of an Act or statutory instrument to the chief executive is a reference to the chief executive of the administrative unit responsible for the provision (unless different administrative units are responsible for the provision in relation to different matters).
substitute
11 Industry members may be required to give background information
Explanatory note
This amendment brings the heading more closely into line with the wording of the section and omits a reference to ‘EPA' consequent on another amendment.
omit 1st mention of
EPA
substitute
The chief executive
Explanatory note
This amendment changes a reference to ‘EPA' to ‘chief executive'.
omit
EPA
substitute
The chief executive
Explanatory note
This amendment changes a reference to ‘EPA' to ‘chief executive'.
14 Preparation of IWRP by chief executive without negotiation
Explanatory note
This amendment changes a reference to ‘EPA' to ‘chief executive'.
substitute
(2) A draft IWRP prepared under this section may be prepared without complying with the following sections:
• section 10 (Chief executive to give public notice of proposed IWRP)
• section 12 (Report on how IWRP is to be prepared)
• section 13 (Preparation of IWRP—process of negotiation).
Explanatory note
This amendment changes a reference to ‘EPA' to ‘chief executive'.
omit
submit
substitute
refer
Explanatory note
This amendment brings the language of section 15 (3) into line with the language of section 15 (2).
omit
given
substitute
referred
Explanatory note
This amendment brings the language of section 17 (1) into line with the language of section 14 (8) and section 15 (4).
substitute
(5) The chief executive must also—
(a) give a copy of the IWRP to any industry member or other person who made a submission, or who provided information under section 11 (Industry members may be required to give background information), or who was otherwise involved in the negotiation of the plan, under this division; and
(b) make copies of the IWRP available for inspection or purchase by anyone.
Explanatory note
This amendment changes references to ‘EPA' to ‘chief executive' and corrects a provision reference.
substitute
19 Contravention of IWRP—annual report
A report prepared for a financial year under the Annual Reports (Government Agencies) Act 2004 by the administrative unit responsible for the administration of this Act must include details of each contravention during the year of a requirement of a notice under section 18.
Note Financial year has an extended meaning in the Annual Reports (Government Agencies) Act 2004 .
Explanatory note
This amendment is consequential on the changing of references to ‘EPA' to ‘chief executive'.
omit
Explanatory note
This amendment is consequential on the changing of references to ‘EPA' to ‘chief executive'. Because the EPA responsibilities are being transferred to the chief executive, delegation formerly provided by this section is no longer needed . The Public Sector Management Act 1994 provides for the making of a delegation by a chief executive.
[1.18] Dictionary, definition of EPA
omit
Explanatory note
This amendment omits the definition of ‘EPA' from the dictionary because it is no longer needed.
[1.19] Further amendments, mentions of EPA
omit
EPA
substitute
the chief executive
in
• section 7 (b) (i)
• section 8 (2) (h)
• section 9 (2) (b)
• section 10 (1) and (2)
• section 11 (1) (other than 1st mention)
• section 11 (3)
• section 12 (2) and (3)
• section 13 (1) (a) and (2)
• section 14 (1), (2), (3), (4) and (5)
• section 15 (1) and (3)
• section 17 (3) and (4)
• section 18 (1) and (4)
• section 20 (2) (d)
• section 44.
Explanatory note
This amendment changes references to ‘EPA' to
‘the chief executive'.