Australian Capital Territory Repealed Acts

This legislation has been repealed.

INTERIM PLANNING ACT 1990

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      This Act may be cited as the Interim Planning Act 1990.  
   2.      (1) Section 1 and this section commence on the day on which this Act is notified in the Gazette.  
   3.      This Act binds the Crown.  
   4.      In this Act, unless the contrary intention appears—“Authority” means the Australian Capital Territory Planning Authority established by this Act; “background papers”, in relation to a draft Plan, means—  
   5.      (1) In this Act, unless the contrary intention appears, a reference to the Plan is to be read as including a reference to a stage or part of the Plan.  

   PART II--TERRITORY PLAN--OBJECT AND EFFECT

   6.      (1) The Authority shall prepare the Plan and variations to the Plan.  
   7.      (1) The object of the Plan is to ensure, in a manner not inconsistent with the National Capital Plan, that the planning and development of the Territory provides the people of the Territory with an attractive, safe and efficient environment in which to live, work and have their recreation.  
   8.      The Territory, the Executive, a Minister or a Territory authority shall not do any act, or approve the doing of any act, that is inconsistent with the Plan.  
   9.      (1) During—  

   PART III--TERRITORY PLAN--ESTABLISHMENT

   10.     (1) This Part applies to a variation to the Plan in the same manner as it applies to the Plan.  
   11.     This Division does not apply in relation to a variation of the Plan under Division 4.  
   12.     In preparing a draft Plan, the Authority shall consider any recommendation submitted by the Conservator.  
   13.     (1) Before submitting a draft Plan to the Executive, the Authority shall cause to be published in the Gazette, and in a daily newspaper published and circulating in the Territory, a notice—  
   14.     Before submitting a draft Plan to the Executive, the Authority shall consult with the National Authority about the draft.  
   15.     (1) Before submitting a draft Plan to the Executive, the Authority shall cause to be published in a daily newspaper published and circulating in the Territory a notice stating that copies of any written comments—  
   16.     (1) After the expiration of the period specified in the notice under subsection 13 (1) the Authority may—  
   17.     This Division does not apply in relation to a Plan variation under Division 4.  
   18.     After the expiration of the period specified in the notice under subsection 13 (1), the Authority shall submit a draft Plan to the Executive for approval, together with—  
   19.     (1) On receipt of a draft Plan submitted or re-submitted for approval, the Executive shall—  
   20.     If the Executive returns a draft Plan to the Authority under paragraph 19 (1) (b), the Authority shall—  
   21.     Where the Authority, in compliance with an Executive direction under subparagraph 19 (1) (b) (v), defers a draft Plan, on the date specified in the notice of deferral, or within a reasonable time after the occurrence of the event specified in that notice, as the case requires, the Authority shall—  
   22.     (1) A Plan shall be laid before the Legislative Assembly within 6 sitting days of its approval by the Executive, together with—  
   23.     The Plan, or a provision of the Plan, comes into effect on the date specified in the notice under subsection 22 (2) or paragraph 22 (4) (a).  
   24.     In this Division—“defined land” means land identified in the Plan pursuant to paragraph 7 (3) (c).  
   25.     (1) Upon approval of the subdivision of a parcel of defined land, the Authority shall, by notice or notices published in the Gazette, vary the Plan to specify the purposes for which that land may be used.  

   PART IV--AUSTRALIAN CAPITAL TERRITORY PLANNING AUTHORITY

   26.     The Australian Capital Territory Planning Authority is established by this Act.  
   27.     The Authority is constituted by the Chief Planner.  
   28.     The Authority is an agent of the Crown.  
   29.     (1) The functions of the Authority are—  
   30.     (1) The Executive may give the Authority general directions in writing about the policies and objectives it should pursue in the performance of its functions.  
   31.     (1) The Authority has power to do all things necessary or convenient to be done in connection with the performance of its functions.  
   32.     The Authority shall, after each 30 June, prepare and furnish to the Minister a report of the operations of the Authority during the year ending on that date.  
   33.     The Authority may, by instrument, delegate all or any of the Authority's powers to a public servant or to the holder of an office established by or under an Act.  
   34.     The Authority is to be assisted in the performance of its functions by public servants.  
   35.     Anything done by or in relation to the Authority is not invalid because—  
   36.     (1) The Minister shall, by instrument, appoint a person to be Chief Planner for the Australian Capital Territory.  
   37.     (1) The Minister may, by instrument, appoint a public servant to act as Chief Planner—  
   38.     (1) The Chief Planner shall be paid such remuneration and allowances as are prescribed.  
   39.     The Minister may, by writing, grant leave of absence to the Chief Planner on specified terms and conditions as to remuneration or otherwise.  
   40.     (1) The Chief Planner shall, upon his or her appointment and on each subsequent 30 June, give written notice to the Minister of all his or her direct or indirect pecuniary interests.  
   41.     (1) Except with the written permission of the Minister, the Chief Planner shall not—  
   42.     The Chief Planner may resign office by writing signed by him or her and delivered to the Minister.  
   43.     (1) The Minister may terminate the appointment of the Chief Planner for misbehaviour or physical or mental incapacity.  

   PART V--MISCELLANEOUS

   44.     The Executive may, by instrument, delegate any or all of its powers or functions under this Act, except the power to make regulations, to any specified Minister or Ministers.  
   45.     The Executive may make regulations, not inconsistent with this Act, prescribing matters—  

   PART VI--REPEAL AND TRANSITIONAL

   46.     In this Part—“commencement date” means the date of commencement of this Act; “interim authority” means the Interim Territory Planning Authority established by the Interim Territory Planning Act 1988 as in existence immediately before the commencement date.  
   47.     Sections 3 to 17 (inclusive) of the Interim Territory Planning Act 1988 are repealed.  
   48.     (1) Where, before the commencement date, a cause of action by or against the interim authority had arisen but proceedings in respect of that cause of action had not been instituted before that date, proceedings in respect of that cause of action may be instituted by or against the Authority.  
   49.     The rights, privileges, obligations and liabilities of the interim authority immediately before the commencement date are, on and after that date, the rights, privileges, obligations and liabilities of the Authority.  
   50.     A contract or agreement entered into by the interim authority and in force immediately before the commencement date continues in force and has effect, on and after that date, as if—  
   51.     (1) This section applies in relation to an area of land where—