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PLANNING AND LAND REGULATIONS 2003 (NO 16 OF 2003)
2003
LEGISLATIVE ASSEMBLY FOR THE
AUSTRALIAN CAPITAL
TERRITORY
PLANNING AND LAND REGULATIONS 2003
Subordinate Law No
SL2003-16
EXPLANATORY STATEMENT
Circulated by authority of the
Minister for Planning
PLANNING AND LAND REGULATIONS 2003
The Planning and Land Act 2002 provides for planning and the
development of land, and for other purposes. It provides for the establishment
of:
• the Planning and Land Authority;
• the Planning and Land
Council;
• the office of Chief Planning Executive;
• the Land
Development Agency;
• the Land Agency Board; and
• the office
of Chief Executive Officer of the Land Development Agency.
Section 11(1)
of the Act provides that the Planning and Land Authority must ask for, and
consider, the advice of the Planning and Land Council:
a) before exercising a
function prescribed under regulations; or
b) before exercising a function in
circumstances prescribed under regulations.
These regulations prescribe
circumstances, for paragraph 11(1)(b), in which the Authority must refer matters
to the Council.
Section 45(1) of the Act requires the Land Development
Agency to prepare a business plan for each financial year. Paragraph
45(2)(d)(ii) requires the business plan to contain any information or material
that is prescribed under regulations. These regulations prescribe a range of
information to be included in business plans.
Section 46(1) of the Act
provides that the regulations may prescribe how, and when, a business plan is
developed, varied or accepted by the Minister. These regulations prescribe
requirements for referral of a draft business plan to the Minister, for the
Minister’s response to that draft, and for the variation of a business
plan.
Nil.
Clauses 1 and 2 – Name of regulations and commencement
– are machinery provisions that specify the name of the regulations and
provide for the commencement of their provisions.
Clause 3 –
Notes – a note is explanatory and not part of the
regulations.
Clause 4 – When Council’s advice must be
asked – Act, s11(1)(b) – provides, at subclause (1), that the
planning and land authority must refer to the council any matter, involving the
exercise of its functions, which it considers involves significant policy,
planning or community issues. Subclause (2) lists matters that are taken to
always involve such issues. They are:
a) Preparing draft variations to
the territory plan, excluding the following:
• draft variations that
relate only to defined land;
• draft variations that do not affect
adversely anybody’s rights; and
• draft variations that are only
to correct a formal error in the plan.
b) Preparing or reviewing a section master plan.
c) Preparing or reviewing the ‘Land Release Program’.
d) Advising on the broad spatial planning framework for the
ACT.
e) Dealing with an application, or the grant of a lease, if the
Minister has directed that an environmental impact assessment be made, or a
panel of inquiry established under the Land (Planning and Environment) Act
1991 or another Act in relation to the application or the
grant.
f) Deciding a development application that relates
to:
• residential buildings intended to be higher than 3 storeys and
more than 50 units; or
• buildings intended to have a total floor
space of more than 7000 square metres; or
• buildings or structures
intended to be higher than 25 metres.
g) Deciding applications to change
concessional leases into leases that are not concessional – sometimes
referred to as ‘paying out’ the concessional status of a
lease.
Subclause (3) states that the authority is not required to seek
the advice of the council if:
a) the council has already given the authority advice about the matter, and the matter has not changed substantially; or
b) the council has already given the authority advice about another matter that is substantially the same as the current significant matter; or
c) the authority is satisfied that exercising its function in relation to the
matter is in accordance with a policy about which the council has already
advised the authority.
Subclause (4) defines the following terms for
these regulations:
• application
• concessional
leases
• defined land
• draft plan
variation
• section master plan
a) A statement of expected financial performance for the current year and the following 3 financial years;
b) A statement of the expected financial position for the current year and the following 3 financial years;
c) An explanation of any significant variation from information previously given by the land development agency in a business plan;
d) A statement of the main challenges and opportunities that the land agency
expects to face in the current year and the following 3 financial
years.
Subclause (2) defines relevant information and,
consequently, statement of intent for this provision.
Clause 6
- Land agency draft business plan to Minister – requires the land
agency to give the Minister a draft business plan within 1 month of the
beginning of the financial year to which it relates. The Minister may fix
another period, but must, under subclause (3), tell the land agency about that
period, and must include reasons why that period was fixed.
Clause 7 -
Minister’s response to draft business plan – as soon as
practicable after receiving a draft business plan from the land agency, the
Minister must give the land agency comments about the draft or advise the land
agency that the minister has accepted it.
If the Minister comments on a
draft business plan, subclause (2) requires the land agency to:
a) consider the comments;
b) consult with the Minister on any comments that are not agreed; and
c) revise the draft so that, as far as practicable, it gives effect to the
comments and anything agreed between the Minister and the land agency, and then
give to the Minister a copy of the revised business plan.
Subclause (3)
defines the term draft business plan for this regulation.
Clause 8 - Variation of business plan – provides that the land
agency may apply to the Minister to vary its business plan. Subclause (2)
requires the Minister to comment, as soon as practicable, on the application or
advise the land agency that the variation is accepted.
If the Minister
comments on an application, subclause (2) requires the land agency to:
a) consider the comments;
b) consult with the Minister on any comments that are not agreed; and
c) revise the application so that, as far as practicable, it gives effect to the comments and anything agreed between the Minister and the land agency, and then give to the Minister a copy of the revised application.
Subclause (4) states that application includes an application as
revised.