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This is a Bill, not an Act. For current law, see the Acts databases.
LAND (PLANNING AND ENVIRONMENT) AMENDMENT BILL 2004
2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Ms Kerrie Tucker)
Land
(Planning and Environment) Amendment Bill 2004
Contents
Page
2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Ms Kerrie Tucker)
Land (Planning and
Environment) Amendment Bill 2004
A Bill for
An Act to amend the
Land (Planning and
Environment) Act 1991
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Land (Planning and Environment) Amendment Act
2004.
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)).
This Act amends the Land (Planning and Environment) Act
1991.
4 Definitions
for pt 6Section 222, definition of
relevant authority
omit
5 Register
of applications, approvals, orders and lease and development
conditionsSection 227 (1)
(g)
substitute
(g) any comments of the planning and land authority or the planning and
land council given to the Minister for the consideration of an application under
section 229B (Minister may decide some applications) as in force before the
commencement of the Land (Planning and Environment) Amendment Act 2004;
and
omit
7 ApprovalsSection
230 (1)
omit
relevant authority
substitute
planning and land authority
8 Section
230 (2) and (3)
substitute
(2) The planning and land authority is taken to have refused to approve an
application if it fails to make a decision about the application within the
prescribed period.
(3) However, the planning and land authority may approve an application
(the development application) at any time before the earliest of
the following dates:
(a) the date when the administrative appeals tribunal has finally dealt
with an application under section 275 to review a deemed refusal of the
development application under subsection (2);
(b) the date 6 months after the date of the development application,
unless paragraph (c) applies;
(c) if an assessment or a variation to the plan is needed for the
development application—the date 12 months after the date of the
application.
omit
relevant authority
substitute
planning and land authority
10 Matters
to be consideredSection 231 (1) (a)
(v)
omit
11 Conditional
approvalsSection 245 (2) and (3)
(i)
omit
relevant authority
substitute
planning and land authority
12 Revocation
of approvalSection 253
omit
A relevant authority may revoke an approval given by the
authority—
substitute
The planning and land authority may revoke an approval—
13 Approvals
subject to entity’s
satisfactionSection 275A (1),
note
omit
a relevant authority
substitute
the planning and land authority
14 Review
of decisions—objectors and third parties to
approvalsSection 276
(1)
omit
relevant authority
substitute
planning and land authority
substitute
278 Notification of objectors
(1) This section applies if application is made to the administrative
appeals tribunal for review of a decision mentioned in schedule 4, part
4.1.
(2) The planning and land authority must, as soon as practicable after the
application to the administrative appeals tribunal is made, give written notice
of the application to each person who, under section 237, objected to the
application for approval to undertake a development for which the decision was
made.
(3) The notice must include a statement to the effect that the person to
whom it is given is entitled, on application to the administrative appeals
tribunal, to be made a party to the proceeding for the review.
16 Challenge
to validity of certain decisionsSection
279A
omit
17 New
sections 294 and 295
insert
294 Certain applications taken to be referred to
planning and land authority
(1) This section applies to an application under section 226 for approval
to undertake a development if—
(a) the planning and land authority referred the application to the
Minister for decision in accordance with a direction under section 229A (1);
and
(b) the application had not been decided by the Minister, or referred back
to the planning and land authority, under section 229B before the
commencement day.
(2) The application is taken to have been referred back to the planning
and land authority for decision under section 229B immediately before the
commencement day.
(3) In this section:
commencement day means the day the Land (Planning and
Environment) Amendment Act 2004 commenced.
(4) This section expires 1 year after the day it commences.
295 Saving of operation of certain
provisions
(1) Despite the amendments of this Act made by the Land (Planning and
Environment) Amendment Act 2004 (the amending Act), this Act
as in force immediately before the commencement of the amending Act continues to
apply in relation to—
(a) a decision of the Minister under section 229B to consider an
application to undertake a development if the Minister decided the application
before the commencement of the amending Act; and
(b) a decision made by the Minister under section 229B on an application
to undertake a development.
(2) Subsection (1) is a law to which the Legislation Act, section 88
(Repeal does not end effect of transitional laws etc) applies.
(3) This section expires 1 year after the day it commences.
18 Schedule
4, part 4.1, items 2, 4 and 10
omit
relevant authority
substitute
planning and land authority
19 Dictionary,
definition of relevant authority
omit
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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