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This is a Bill, not an Act. For current law, see the Acts databases.
GUNGAHLIN DRIVE EXTENSION AUTHORISATION AMENDMENT BILL 2004
2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Urban Services)
Gungahlin Drive
Extension Authorisation Amendment Bill 2004
A Bill for
An Act to amend the
Gungahlin Drive Extension
Authorisation Act 2004
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
1 Name of Act
This Act is the Gungahlin Drive Extension Authorisation Amendment Act
2004.
2 Commencement
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
3 Legislation amended
This Act amends the Gungahlin Drive Extension Authorisation
Act 2004.
4 New section 6A
insert
6A Declaration that land not reserved land
etc
(1) This section applies to land if—
(a) the Minister considers that the land is land where—
(i) the GDE, or part of the GDE, is being, is to be or may be constructed;
or
(ii) works that, under section 6, are part of the construction of the GDE
or related to the construction of the GDE are being, are to be or may be carried
out; and
(b) the land is or may be, apart from this section, reserved
land.
(2) The Minister may, in writing, declare that the land
is—
(a) not reserved land; or
(b) not reserved land for a stated period.
(3) If the Minister makes a declaration under subsection (2) (a) in
relation to land that is reserved land, the land ceases to be reserved
land.
(4) If the Minister makes a declaration under subsection (2) (b) in
relation to land that is reserved land, the land is taken not to be reserved
land for the period stated in the declaration.
(5) If the Minister makes a declaration under subsection (2) in relation
to land—
(a) the Minister may, in writing—
(i) state the purposes for which the land may be used, or may be used for
a stated period, under the Territory plan; and
(ii) make any variation of the Territory plan that the Minister considers
necessary or desirable to be made to give effect to, or as a consequence of, the
making of an instrument under subsection (2) or subparagraph (i); and
Note A single instrument may exercise several powers (see
Legislation Act, s 49).
(b) Territory laws apply to the land with the modifications (if any)
prescribed under the regulations.
(6) To remove any doubt—
(a) the Minister may make, or refuse to make, an instrument under this
section in the Minister’s absolute discretion; and
(b) if the Minister makes a declaration under subsection (2) (a) in
relation to land that is a reserved area under the Nature Conservation Act
1980, the land ceases to be a reserved area under that Act; and
(c) if the Minister makes a declaration under subsection (2) (b) in
relation to land that is a reserved area under the Nature Conservation Act
1980, the land is taken not to be a reserved area under that Act for the
period stated in the declaration; and
(d) an instrument under this section may be made despite any other
Territory law.
Examples for par (b)
1 A declaration under subsection (2) may be made despite the Land
(Planning and Environment) Act 1991, section 8.
2 A variation under subsection (5) (a) (ii) may be made despite the Land
(Planning and Environment) Act 1991, part 2.
3 An instrument under this section may be made despite any provision of the
Nature Conservation Act 1980.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(7) An instrument under this section is a disallowable
instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
(8) Land to which an instrument under this section applies may be
identified, described or otherwise prescribed in any way the Minister considers
sufficient.
Example
Provision may be made by reference to a particular map or plan.
(9) The Legislation Act, section 47 (5) does not apply to an instrument
under this section.
(10) In this section:
reserved land—
(a) means an area of public land reserved under the Territory plan for the
purpose of a nature reserve or for another purpose prescribed under the
regulations; and
(b) includes part of an area mentioned in paragraph (a).
5 Future authorisations relating to the
GDE
Section 9 (4)
omit
the relevant law
substitute
a relevant law
6 Standing to bring proceeding in relation to
authorisations
New section 10
(8)
insert
(8) To remove any doubt, a right under subsection (2) means any right or
interest, whether public or private.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2004.
2 Notification
Notified under the Legislation Act on 2004.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2004
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