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This is a Bill, not an Act. For current law, see the Acts databases.
2023
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Planning and Land Management)
Contents
Page
2023
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Planning and Land Management)
Planning (Consequential Amendments) Bill 2023
A Bill for
An Act to amend legislation because of the enactment of the Planning Act 2023
, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Planning (Consequential Amendments) Act 2023
.
(1) This Act (other than schedule 1, part 1.51) commences on the
commencement of the
, section 523.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
(2) Schedule 1, part 1.51 commences on the commencement of the Professional Engineers Act 2023
, section 74.
This Act amends the legislation mentioned in schedule 1.
Schedule 1 Consequential amendments
(see s 3)
Part 1.1 ACT Civil and Administrative Tribunal Act 2008
omit
• Planning and Development Act 2007
substitute
•
substitute
Note Any procedure under an authorising law for dealing with an application prevails over the procedures set out in the rules for dealing with the application (see s 27). For example, the Planning Act 2023
, s 507 (4) provides, in relation to applications for review by third parties, that the period for making an application for review of a decision under that Act cannot be extended. That provision prevails over any rule to extend the time for making an application under that Act.
substitute
Example—s (6)
Under the
, s 506 only an entity mentioned in relation to a decision in that Act may apply for review of a decision.
[1.4] Further amendments, mentions of Planning and Development Act 2007
omit
Planning and Development Act 2007
substitute
in
• section 32
• section 48
• sections 77 to 79
• section 86
Part 1.2 Administrative Decisions (Judicial Review) Act 1989
omit
Planning and Development Act 2007
substitute
substitute
|
1
|
|
|
|
• a decision under chapter 6 (Significant development), chapter 7 (Development assessment and approvals) or chapter 10 (Leases and licences) in relation to a development proposal that is related to light rail, other than a development proposal involving a protected matter
omit
Planning and Development Act 2007, s 138C
substitute
, s 150
[1.8] Section 25AA, definition of site work notice, paragraph (a) (i)
omit
Planning and Development Act 2007, section 133
substitute
, section 145
omit
Planning and Development Regulation 2008, schedule 1, section 1.19
substitute
Planning (Exempt Development) Regulation 2023, schedule 1, section 1.18
[1.10] Section 26 (2) (h), example
omit
s 1.19 under the Planning and Development Act 2007, s 425
substitute
the Planning (Exempt Development) Regulation 2023, sch 1, s 1.18
omit
substitute
(b) if the
ning authority has not made an exemption declaration under the Planning (Exempt Development) Regulation 2023, schedule 1, section 1.131 (1) (d); and
[1.13] Section 28 (1A) (d) (i)
omit
Planning and Development Act 2007, section 133
substitute
, section 145
[1.14] Section 28 (2) (a), note
omit
requires development approval under the Planning and Development Act 2007
substitute
is exempt from requiring development approval under the Planning Act 2023
omit
Planning and Development Act 2007
substitute
[1.16] Section 29 (1) (g) (i), note
omit
Planning and Development Act 2007, div 7.3.1A
substitute
, s 150
[1.17] Section 29 (1) (g) (ii), note
omit
Planning and Development Act 2007, s 133
substitute
, s 145
[1.18] Section 29 (1) (g) (iv)
omit
Planning and Development Regulation 2008, schedule 1, section 1.100A (1) (b) or section 1.100AB (1) (b)
substitute
Planning (Exempt Development) Regulation 2023, schedule 1, section 1.131 (1) (d)
omit
Planning and Development Act 2007
substitute
[1.20] Section 30 (1), example
omit
Planning and Development Act 2007, s 247
substitute
, s 276
[1.21] Section 30 (1), example
omit
Planning and Development Act 2007
substitute
omit
Planning and Development Act 2007, s 340
substitute
, s 413
omit
Planning and Development Act 2007, s 138D
substitute
, s 152 (2) (b) (i)
[1.24] Section 52, definition of custodian
substitute
custodian—see the Planning Act 2023
, dictionary.
omit
• planning and land authority
substitute
• territory planning authority
[1.26] Dictionary, definition of development etc
substitute
development, in relation to land—see the Planning Act 2023
, section 14 (1).
development approval—see the Planning Act 2023
, dictionary.
exemption assessment D notice—see the Planning Act 2023
, section 152 (2) (b).
[1.27] Dictionary, definition of land, paragraph (c)
substitute
(c) land, a building or other structure on land, the use of which is authorised by a licence under the Planning Act 2023
, part 10.13 (Licences for unleased land).
[1.28] Dictionary, definitions of land sublease and lease
substitute
land sublease—see the Planning Act 2023
, dictionary.
lease—see the Planning Act 2023
, section 257.
[1.29] Dictionary, definition of owner, paragraph (e)
substitute
(e) if the land is subject to a licence under the Planning Act 2023
, part 10.13 (Licences for unleased land)—the licensee; or
[1.30] Further amendments, mentions of planning and land authority
omit
planning and land authority
substitute
territory planning authority
in
• section 17A
• section 50A
• section 58
• section 62
• sections 96 to 98
• sections 101 and 102
• sections 105 to 113
• section 115
• sections 117 and 118
• sections 121 to 125
Part 1.4 Building (General) Regulation 2008
omit
Planning and Development Regulation 2008, schedule 1, section 1.19
substitute
Planning (Exempt Development) Regulation 2023, schedule 1, section 1.18
[1.32] Section 7B (2), example
omit
s 1.19 under the Planning and Development Act 2007, s 425
substitute
the Planning (Exempt Development) Regulation 2023, sch 1, s 1.18
substitute
(b) a reference to any provision of the Planning (Exempt Development) Regulation 2023 or Planning (General) Regulation 2023 relied on by the certifier to assess the site work as exempt development;
omit
Planning and Development Act 2007
substitute
omit
Planning and Development Regulation 2008, schedule 1, section 1.45
substitute
Planning (Exempt Development) Regulation 2023, schedule 1, section 1.42
omit
Planning and Development Regulation 2008, schedule 1, section 1.100, 1.100AA, 1.100A or 1.100AB
substitute
Planning (Exempt Development) Regulation 2023, schedule 1, section 1.130 or 1.131
omit
Planning and Development Regulation 2008, schedule 1, section 1.100B
substitute
Planning (Exempt Development) Regulation 2023, schedule 1, section 1.132
omit
chief planning executive
substitute
chief planner
omit
under the Planning and Development Act 2007, section 279AC
insert
(2) In this section:
deferral arrangement, for a lease variation charge—see
the
, section 343 (1) (c).
lease variation charge, for a variation of a nominal rent
lease—see the
, dictionary.
[1.41] Section 44 (2), definition of non-urban land, paragraph (a) (iii)
omit
areas
[1.42] Section 49 (1) (d) (i) and (ii)
substitute
(i) a relevant provision in any relevant district policy; and
(ii) if it is not displaced by a relevant provision in a relevant district policy—a relevant residential zones—single dwelling housing development control.
omit
substitute
(8) In this section:
district policy—see the Planning Act 2023
, dictionary.
dwelling—see the Planning (Exempt Development) Regulation 2023, section 6 (1).
residential zones—single dwelling housing development control—see the Planning (Exempt Development) Regulation 2023, section 14 (1) (a).
[1.45] Schedule 2, section 2.1, definitions of easement etc
substitute
easement—see the Planning (Exempt Development) Regulation 2023, schedule 1, section 1.11 (4).
proposed easement—see the Planning (Exempt Development) Regulation 2023, schedule 1, section 1.11 (4).
utility infrastructure access or protection space—see the Planning (Exempt Development) Regulation 2023, schedule 1, section 1.11 (4).
insert
• chief planner
Part 1.5 Casino Control Act 2006
substitute
(2) Subsection (1) has effect despite the following provisions of the Planning Act 2023
:
(a) section 52 (Effect of territory plan);
(b) section 64 (Public consultation—notice of interim effect etc);
(c) section 69 (Public availability notice—notice of interim effect etc).
[1.48] Sections 136B (2) (b) (ii) and 136C (1) (b)
omit
planning and land authority
substitute
territory planning authority
omit
• planning and land authority
substitute
• territory planning authority
Part 1.6 Casino (Electronic Gaming) Act 2017
omit
planning and land authority
substitute
territory planning authority
omit
proposal
substitute
application
omit
planning and land authority
substitute
territory planning authority
omit
proposal
substitute
application
substitute
23 Status of restricted authorisations if development approval ends under Planning Act 2023, s 211 or because no approval given
[1.55] Sections 23 (1) (b) (i) and 24 (1) (b) (i)
omit
Planning and Development Act 2007, section 184 (End of development approvals other than lease variations)
substitute
, section 211 (End of development approvals generally)
omit
Planning and Development Act 2007, s 184
substitute
Planning Act 2023, s 211
omit
• planning and land authority
substitute
• territory planning authority
Part 1.7 City Renewal Authority and Suburban Land Agency Act 2017
omit
Planning and Development Act 2007, s 50
substitute
, s 52
[1.59] Section 36 (b) (iii) and (iv)
substitute
(iii) the planning strategy; and
(iv) any relevant district strategy; and
(v) the statement of planning priorities; and
(vi) any other strategic planning strategy developed by government to guide land planning for the Territory; and
omit
Planning and Development Act 2007
substitute
insert
(2) In this section:
district strategy—see the Planning Act 2023
, section 38 (1).
planning strategy—see the Planning Act 2023
, section 36 (1).
statement of planning priorities—see the Planning Act 2023
, section 42 (1).
omit
Planning and Development Act 2007, s 50
substitute
, s 52
[1.63] Section 64 (4), definition of information holder, paragraph (e)
substitute
(e) the chief planner; or
insert
• chief planner
[1.65] Dictionary, definition of statement of planning intent
omit
Part 1.8 Civil Law (Property) Act 2006
[1.66] Section 259A (4), definition of excluded change, paragraph (a)
omit
planning and land authority
substitute
territory planning authority
[1.67] Section 260 (1) (m) (i)
omit
Planning and Development Act 2007
substitute
insert
• territory planning authority
Part 1.9 Civil Law (Property) Regulation 2020
[1.69] Section 2 (b) (ii) and (c)
substitute
(ii) include an undertaking to notify the buyer if a development application is made for the building;
(c) if a development application for a building in the units plan has been made but not decided—identify the application;
insert
(2) In this section:
development application—see the Planning Act 2023
, section 166 (1).
development approval—see the Planning Act 2023
, dictionary.
Part 1.10 Civil Law (Sale of Residential Property) Act 2003
[1.71] Section 7, definition of sublease
substitute
sublease—see the Planning Act 2023
, section 256.
[1.72] Section 7, definition of unapproved structure, paragraph (b) (i)
omit
Planning and Development Act 2007
substitute
[1.73] Section 19A (2), definition of certificate of compliance
substitute
certificate of compliance—see the Planning Act 2023
, dictionary.
[1.74] Section 20, definition of premises, paragraph (h)
substitute
(h) premises in relation to which approval has been given under the Planning Act 2023
, chapter 7 for a development involving the demolition of the premises;
(ha) premises in relation to which demolition is exempt from requiring development approval under the Planning (Exempt Development) Regulation 2023, schedule 1, section 1.132;
[1.75] Section 20, definition of premises, new paragraph (ja)
insert
(ja) premises in relation to which a demolition order has been issued under
the
, section 63A;
[1.76] Section 20, definition of premises, paragraph (i)
omit
Planning and Development Act 2007, part 11.3
substitute
, part 12.3
[1.77] Dictionary, definition of sublease
substitute
sublease, for part 2 (Sale of residential property)—see
the
, section 256.
Part 1.11 Civil Law (Sale of Residential Property) Regulation 2004
omit
Planning and Development Act 2007, chapter 7 (Development approvals)
substitute
, chapter 7
omit
planning and land authority
substitute
territory planning authority
omit
Planning and Development Act 2007
substitute
omit
• planning and land authority
substitute
• territory planning authority
Part 1.12 Climate Change and Greenhouse Gas Reduction Act 2010
omit
chief planning executive
substitute
chief planner
omit
• chief planning executive
substitute
• chief planner
Part 1.13 Commissioner for Sustainability and the Environment Act 1993
omit
Planning and Development Act 2007, chapter 8 (Environmental impact statements and inquiries)
substitute
, division 6.3.9 (EIS inquiry panels)
Part 1.14 Common Boundaries Act 1981
[1.85] Sections 23 to 26 and 28
omit
planning and land authority
substitute
territory planning authority
insert
• territory planning authority
[1.87] Dictionary, definition of land sublease
substitute
land sublease—see the Planning Act 2023
, dictionary.
Part 1.15 Community Title Act 2001
omit
Planning and Development Act 2007
substitute
omit
Planning and Development Act 2007, chapter 7
substitute
, chapter 7
[1.90] Section 28 (2), definition of interested person, paragraph (f)
substitute
(f) the territory planning authority.
substitute
(c) the territory planning authority.
omit
• planning and land authority
substitute
• territory planning authority
[1.93] Dictionary, definitions of declared land sublease and land sublease
substitute
declared land sublease—see the Planning Act 2023
, section 365 (1).
land sublease—see the Planning Act 2023
, dictionary.
[1.94] Further amendments, mentions of planning and land authority
omit
planning and land authority
substitute
territory planning authority
in
• sections 8 to 16
• sections 21 to 24
• sections 64 and 65
• section 81
• section 94
• section 97
Part 1.16 Construction Occupations (Licensing) Act 2004
omit
• Planning and Development Act 2007
substitute
•
omit
planning and land authority
substitute
territory planning authority
omit
Planning and Development Act 2007
substitute
omit
planning and land authority
substitute
territory planning authority
[1.99] Section 36 (3) (a) (ii)
omit
Planning and Development Act 2007
substitute
omit
planning and land authority
substitute
territory planning authority
insert
• territory planning authority
[1.102] Dictionary, definition of works assessment work, paragraph (a)
omit
Planning and Development Act 2007
substitute
Part 1.17 Construction Occupations (Licensing) Regulation 2004
[1.103] Schedule 1, part 1.9, items 1 and 2
substitute
|
2
|
Class A works assessor—planning and development
|
undertaking an exemption assessment under the Planning
Act 2023
|
|
|
2
Class B works assessor—planning and development
undertaking an exemption assessment under the Planning Act 2023
|
, in relation to the following:
(a) site work under the Building Act
2004
|
|
for a class 1 building or class 10 building or other structure;
(b) development in relation to a class 1 building or class 10 building or
other structure, mentioned in the Planning (Exempt Development) Regulation
2023, schedule 1, other than the following:
(i) division 1.4.7;
(ii) section 1.134;
(iii) section 1.136;
(iv) section 1.139;
(v) section 1.141 to section 1.145
|
[1.104] Schedule 2, parts 2.2 and 2.7A
omit
planning and land authority
substitute
territory planning authority
insert
• territory planning authority
omit
planning and land authority
substitute
territory planning authority
insert
• territory planning authority
Part 1.19 Domestic Animals Act 2000
[1.108] Section 143 (4), definition of residential lease
substitute
residential lease—see the Planning Act 2023
, section 256.
omit
Planning and Development Act 2007, section 300 (Refund on lease surrender or termination)
substitute
, section 364 (Refund on lease surrender or termination)
[1.110] Section 52 (3) and (6)
omit
Planning and Development Act 2007, section 300
substitute
, section 364
[1.111] Section 90C (4), definition of accredited valuer
substitute
accredited valuer—see the Planning Act 2023
, dictionary.
[1.112] Dictionary, definition of declared land sublease
substitute
declared land sublease—see the Planning Act 2023
, section 365 (1).
substitute
(b) the territory planning authority; and
[1.114] Section 222B, definition of decided
substitute
decided—a relevant planning application is decided if—
(a) for an application to amend the territory plan—
(i) for a minor plan amendment—the plan amendment is notified under
the
, section 85; and
(ii) for a proponent-initiated amendment—the territory planning authority has prepared a draft major plan amendment under the Planning Act 2023
, section 59 (2); and
(iii) in any other case—the territory planning authority has prepared a draft major plan amendment under the Planning Act 2023
, section 60; and
(b) for any other case—it is decided in accordance with the Planning Act 2023
.
[1.115] Section 222B, definition of make
omit
make the application
substitute
make, the application
insert
(2) In this section:
draft major plan amendment—see the Planning Act 2023
, section 55.
minor plan amendment—see the Planning Act 2023
, section 84.
proponent-initiated amendment—see the Planning Act 2023
, section 57 (1).
substitute
(2) In this section:
development, in relation to land—see the Planning Act 2023
, section 14 (1).
substitute
(1) In this division:
relevant planning application means any of the following:
(a) a request, in any form, to a Minister or the territory planning
authority to make a major plan amendment or minor plan amendment of the
territory plan under the
;
(b) a development application under the Planning Act 2023
;
(c) a request under the Planning Act 2023
, division 7.5.1 (Pre-application matters);
(d) an application for an environmental significance opinion under the Planning Act 2023
, division 6.3.10 (Environmental significance opinions);
(e) any other application, request or other action under the Planning Act 2023
prescribed by regulation.
substitute
(3) For subsection (1), a reference to an application, request or other
action under the
includes a reference to the corresponding application, request or
other action under the
(repealed).
(4) For subsection (2), if the applicant is a property developer, a reference to the applicant includes a close associate of the property developer.
(5) Subsection (3) and this subsection expire 8 years after the day the Planning Act 2023
, section 3 commences.
(6) In this section:
development application—see the Planning Act 2023
, section 166 (1).
environmental significance opinion—see the Planning Act 2023
, section 102 (2).
major plan amendment—see the Planning Act 2023
, section 55.
minor plan amendment—see section 222B (2).
[1.120] Section 299 (4), definition of lessee
substitute
lessee—see the Planning Act 2023
, section 256.
omit
• planning and land authority
substitute
• territory planning authority
Part 1.22 Emergencies Act 2004
substitute
Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘land management agreement—see the Planning Act 2023
, section 350 (2) (a).’ means that the term ‘land management agreement’ is defined in that section and the definition applies to this Act.
omit
planning and land authority
substitute
territory planning authority
omit
Planning and Development Act 2007, section 318 (What is a public land management plan for an area of public land?)
substitute
, section 388 (1)
omit
• planning and land authority
substitute
• territory planning authority
[1.126] Dictionary, definition of land management agreement
substitute
land management agreement—see the Planning Act 2023
, section 350 (2) (a).
Part 1.23 Energy Efficiency (Cost of Living) Improvement Act 2012
[1.127] Section 28A, definition of regulatory agency, paragraph (b)
substitute
(b) the territory planning authority;
insert
• territory planning authority
Part 1.24 Environment Protection Act 1997
substitute
Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘land sublease—see the Planning Act 2023
, dictionary.’ means that the term ‘land sublease’ is defined in that dictionary and the definition applies to this Act.
substitute
(a) the territory planning authority; and
omit
completed
substitute
finalised
substitute
(8) In this section:
finalised, for an EIS (other than a public health EIS), means the day the EIS is finalised under the Planning Act 2023
, section 128 as applied by this Act, section 94A.
public health EIS—see the Planning Act 2023
, dictionary.
substitute
92B Definitions—pt 10
In this part:
environmental impact statement (or EIS)—see
the
, section 94 (c).
inquiry—see the Planning Act 2023
, dictionary.
omit
Planning and Development Act 2007
substitute
substitute
94A Application of Planning Act 2023, pt 6.3
omit
Planning and Development Act 2007, part 8.2
substitute
, part 6.3
omit
planning and land authority
substitute
territory planning authority
omit
Planning and Development Act 2007, part 8.3
substitute
, division 6.3.9
omit
planning and land authority
substitute
territory planning authority
omit
Planning and Development Act 2007, chapter 7
substitute
, chapter 7
omit
planning and land authority
substitute
territory planning authority
[1.142] Schedule 1, table 1.2, item 7, column 2, paragraph (a)
substitute
(a) an area identified in the territory plan as land in any of the following
zones:
Broadacre; Rural; Hills, Ridges and Buffer; River Corridor; Mountains
and Bushland; or
[1.143] Schedule 1, table 1.2, item 7, column 2, paragraph (b)
omit
on a precinct map
insert
• territory planning authority
[1.145] Dictionary, definition of assessment
omit
[1.146] Dictionary, definition of EIS etc
substitute
EIS, for part 10 (Functions of the Minister)—see environmental impact statement.
environmental impact statement (or EIS), for part 10 (Functions of the Minister)—see the Planning Act 2023
, section 94 (c).
inquiry, for part 10 (Functions of the Minister)—see the
, dictionary.
land sublease—see the Planning Act 2023
, dictionary.
Part 1.25 Environment Protection Regulation 2005
omit
the territory plan, Water Use and Catchment Code
substitute
an instrument made under the Water Resources Act 2007
, section 15A (Environmental values for waterways)
omit
substitute
(b) Crown Land Management Act 2016
(NSW);
[1.150] Schedule 2, section 2.1, definitions of city centre etc
substitute
city centre means the area identified as the city centre in the territory plan.
commercial CZ4 zone means an area designated as a commercial CZ4 (Local Centre Zone) zone in the territory plan.
corridor site means an area identified as a corridor site in the territory plan.
group centre means an area identified as a group centre in the territory plan.
office site means an area identified as an office site in the territory plan.
town centre means an area identified as a town centre in the territory plan.
[1.151] Schedule 2, section 2.2 (1), definition of major road, note
substitute
Note The territory plan is available at www.legislation.act.gov.au
.
[1.152] Dictionary, definition of public land and note
substitute
public land—see the Planning Act 2023
, dictionary.
[1.153] Dictionary, definition of residential land, note
substitute
Note The territory plan is available at www.legislation.act.gov.au
.
Part 1.26 First Home Owner Grant Act 2000
substitute
(6) In this section:
land sublease—see the Planning Act 2023
, dictionary.
[1.155] Dictionary, definition of custodian
omit
[1.156] Dictionary, definition of lease
substitute
lease—see the Planning Act 2023
, section 257.
Part 1.28 Gambling and Racing Control Act 1999
[1.157] Section 50 (5), definition of forfeited, paragraph (b) (ii)
omit
Planning and Development Act 2007, s 184
substitute
Planning Act 2023, s 211
Part 1.29 Gaming Machine Act 2004
[1.158] Section 10H (4), definition of offset amount, paragraph (b) (v)
substitute
(v)
;
Part 1.30 Gaming Machine (Offset Amounts) Regulation 2018
substitute
(b) a fee determined for a matter under the Planning Act 2023
, section 522 in relation to any of the following provisions of that Act
:
(i) part 5.2 (Territory plan—major plan amendments);
(ii) part 6.3 (Environmental impact assessment), including division 6.3.9 (EIS inquiry panels);
(iii) division 7.2.3 (Exemption assessments);
(iv) part 7.5 (Assessable development);
(v) part 7.6 (Development approval);
(vi) part 10.2 (Grants of leases generally);
(vii) part 10.3 (Grants of further leases);
(viii) part 10.5 (Concessional leases);
(ix) part 10.7 (Lease variations);
(x) part 10.12 (Leases—building and development provisions);
(xi) part 10.13 (Licences for unleased land);
(c) an amount payable to vary a concessional lease to remove its concessional status worked out under the Planning Act 2023
, section 311;
(d) a lease variation charge for a chargeable variation of a nominal rent
lease under the
, division 10.7.3;
(e) a fee, charge or other amount payable for a matter under the Planning and Development Act 2007
(repealed) substantially corresponding to a matter under a provision of the
mentioned in paragraphs (b) to (d).
insert
(2) Subsection (1) (e) and this subsection expire 2 years after the day the
, section 3 commences.
Part 1.31 Government Agencies (Land Acquisition Reporting) Act 2018
[1.161] Section 7 (1), definition of land acquisition, paragraphs (b) (ii) to (iv)
substitute
(ii) a surrender of a lease, or part of the land described in a lease, under
the
, section 363, whether or not the acquiring government agency agreed to accept the surrender; or
(iii) the withdrawal of land from a lease under the terms of the lease; or
(iv) a termination of a lease under the Planning Act 2023
, section 457; or
[1.162] Section 7 (3), definition of declared land sublease
substitute
declared land sublease—see the Planning Act 2023
, section 365 (1).
[1.163] Section 7 (3), definition of land, paragraph (c) (i)
omit
Crown
[1.164] Section 7 (3), new definition of lease
after the note, insert
lease—see the Planning Act 2023
, section 257.
Part 1.32 Government Procurement Act 2001
omit
Planning and Development Act 2007
substitute
[1.166] Section 13 (1), definition of interested person, paragraph (a)
omit
planning and land authority
substitute
territory planning authority
substitute
(b) the chief planner;
omit
and development
substitute
Examples—other council functions
1 making recommendations and submissions to the territory planning authority about draft major plan amendments (see Planning Act 2023
, s 62 (d))
2 giving advice to the territory planning authority about development
applications (see
, div 7.5.3, s 186 (h), s 189 and s 190)
omit
chief planning executive
substitute
chief planner
omit
planning and land authority
substitute
territory planning authority
[1.172] Section 58, definition of development
omit
Planning and Development Act 2007, chapter 7
substitute
, chapter 7
substitute
59 Simplified outline
The following notes provide a simplified outline of this part and the Planning Act 2023
, chapter 7 (Development assessment and approvals):
Note 1 Certain development applications to be referred to council
The territory planning authority may be required to refer a development application to the council (see Planning Act 2023
, s 170 and s 171).
Note 2 Council to give advice about development application
The council gives advice to the territory planning authority, within the
prescribed number of days, about the effect of a development on the heritage
significance of a place or object if the development application is referred to
the council (see
, s 172). The council may also give the authority advice about the effect of development on heritage significance under this Act, s 60 or make a representation about a development application under the Planning Act 2023
, s 180.
Note 3 Council’s advice to be considered
The council’s advice must be considered by the decision-maker in deciding a development application referred to the council (see Planning Act 2023
, s 186 (h), s 189 and s 190).
Note 4 Council may apply for review of decision to approve application
The council may apply to the ACAT for review of the territory planning authority’s decision to approve a development application if the council—
(a) made a representation about the development application under the Planning Act 2023
, s 180; and
(b) is an eligible entity under that Act, ch 15 (Notification and review of
decisions) (see
, s 504 and s 506 and sch 5, pt 5.2, item 2, item 6 and item 8).
[1.174] Section 60 (2) and notes
substitute
(2) The council may give the territory planning authority written advice in accordance with section 61 about its decision.
Note 1 If the territory planning authority refers a development application to the council under the Planning Act 2023
, s 170 or s 171, the council must, within the number of days prescribed by regulation after the day the authority refers the application, give the authority its advice in relation to the development application (see Planning Act 2023
, s 172).
Note 2 The council may apply to the ACAT for review of the territory planning authority’s decision to approve a development application if the council—
(a) made a representation about the development application under the Planning Act 2023
, s 180; and
(b) is an eligible entity under that Act, ch 15 (Notification and review of
decisions) (see
, s 504 and s 506 and sch 5, pt 5.2, item 2, item 6 and item 8).
omit
Planning and Development Act 2007, section 149
substitute
, section 172
[1.176] Sections 67A (1) (c) (v) and 76 (2) (a) (vi)
omit
Planning and Development Act 2007, chapter 7
substitute
, chapter 7
substitute
(5) In this section:
lease—see the Planning Act 2023
, section 257.
lessee—see the Planning Act 2023
, section 256.
omit
• chief planning executive
• planning and land authority
substitute
• chief planner
• territory planning authority
[1.179] Dictionary, definition of owner, paragraph (a)
omit
Planning and Development Act 2007
substitute
Part 1.34 Heritage Regulation 2006
omit
chief planning executive
substitute
chief planner
substitute
Note 1 The
contains definitions relevant to this regulation. For example:
• chief planner.
[1.182] Dictionary, definition of voting member, paragraph (b)
substitute
(b) the chief planner; or
Part 1.35 Housing Assistance Act 2007
omit
planning and land authority
substitute
territory planning authority
[1.184] Section 32 (5), definition of unleased territory land
omit
Planning and Development Act 2007
substitute
[1.185] Section 33 (2) (f), note 2
substitute
Note 2 See also the Planning Act 2023
, s 382 for the recovery of land from a former lessee.
omit
planning and land authority
substitute
territory planning authority
omit
• planning and land authority
substitute
• territory planning authority
[1.188] Sections 27 (2), note and 28 (1), note
omit
Planning and Development Act 2007
substitute
substitute
5 Application of Act
This Act applies to a single dwelling house lease granted by the territory planning authority (other than to the Territory or a territory authority).
Note The territory planning authority is authorised to grant, on
behalf of the Executive, leases that the Executive may grant on behalf of the
Commonwealth (see
, s 262).
substitute
(1) This section applies if the territory planning authority invites applications from eligible applicants for the ballot or direct sale of a single dwelling house lease that may be subject to the condition that the lessee pays land rent for the lease.
(2) An eligible applicant for the grant of the lease may apply to the territory planning authority to pay land rent for the lease.
Note The territory planning authority may grant a lease under the Planning Act 2023
, s 263.
[1.191] Section 7 (3), notes 1 to 3
substitute
Note 1 The territory planning authority need not grant a lease to an
eligible applicant, even if applications for the lease have been invited
(see
, s 270 (1)).
Note 2 If applications for a lease have been invited subject to
conditions, the territory planning authority may, without granting a lease,
invite fresh applications for the lease subject to the same or other conditions
(see
, s 270 (2)).
[1.192] Section 7A (1) and (2) and note
substitute
(1) This section applies if the territory planning authority offers a lease of a parcel of land by direct sale to an eligible former owner of the parcel of land.
Note The territory planning authority may grant a lease under the Planning Act 2023
, s 263.
(2) The eligible former owner may apply to the territory planning authority to pay land rent for the lease.
[1.193] Section 7A (3), notes 1 to 3
substitute
Note 1 The territory planning authority need not grant a lease to an
eligible former owner, even if applications for the lease have been invited
(see
, s 270 (1)).
Note 2 If applications for a lease have been invited subject to
conditions, the territory planning authority may, without granting a lease,
invite fresh applications for the lease subject to the same or other conditions
(see
, s 270 (2)).
[1.194] Section 7A (4), definition of eligible former owner
omit
planning and land authority
substitute
territory planning authority
[1.195] Section 16AA (3), note
omit
Planning and Development Act 2007, s 272A (Application for rent payout lease variation)
substitute
, s 320 (Application for rent payout lease variation)
substitute
Note A lessee may apply to the territory planning authority for a
variation of the lease to reduce the land rent payable to a nominal rent
(see
, s 320 (Application for rent payout lease variation)).
[1.197] Section 17 (2), notes 1 and 2
substitute
Note A transferee may apply to the territory planning authority for a
variation of the lease to reduce the land rent payable to a nominal rent
(see
, s 320 (Application for rent payout lease variation)).
omit
• planning and land authority
substitute
• territory planning authority
omit
• territory plan
[1.200] Dictionary, definition of single dwelling house
omit
[1.201] Dictionary, definition of single dwelling house lease
substitute
single dwelling house lease—see the Planning Act 2023
, section 256.
Part 1.38 Lands Acquisition Act 1994
omit
planning and land authority
substitute
territory planning authority
omit
Planning and Development Act 2007, section 254
substitute
, section 289
substitute
(2) In this section:
rural lease—see the Planning Act 2023
, section 256.
[1.205] Sections 103 (4) and 113
omit
planning and land authority
substitute
territory planning authority
insert
• territory planning authority
[1.207] Dictionary, definition of land sublease
substitute
land sublease—see the Planning Act 2023
, dictionary.
Part 1.40 Land Titles Act 1925
[1.208] Section 69A, definition of administrative interest, examples
substitute
Examples—administrative interests
1 a development approval under the Planning Act 2023
for the use of land
2 if notice of a development approval for the use of land was given to the registrar-general under the Planning Act 2023
—the ending, by surrender, of the development approval
3 the effect of the
, s 307 (1) (a) (ii) on the assignment, transfer, subletting etc of a community lease
substitute
(1) If the territory planning authority has executed a variation of a Crown
lease under the
, the authority must lodge a copy of the variation with the registrar-general.
substitute
72AB Registration etc of orders under Planning Act 2023
substitute
(1) This section applies if the registrar-general receives a notice under either of the following provisions of the Planning Act 2023
about an order under that Act that appears to affect a Crown lease:
(a) section 430 (Notice of making of controlled activity orders);
(b) section 435 (Notice ending controlled activity orders).
omit
Planning and Development Act 2007, section 296 (1) (Certificates of compliance)
substitute
, section 368 (1)
[1.213] Section 72C (1) (c) and (3)
omit
Planning and Development Act 2007, section 296
substitute
, section 368
substitute
(4) In this section:
building and development provision, in relation to a
lease—see the
, section 256.
substitute
72D Memorial of application of certain provisions etc under Planning Act 2023
substitute
(1) If the territory planning authority tells the registrar-general that any of the following provisions or things under the Planning Act 2023
apply to a lease, the registrar-general must enter in the register a memorial to that effect:
(a) section 280 (Restriction on transfer, assignment and parting with possession);
(b) section 282 (Restriction on transfer, assignment and parting with possession—certain University of NSW leases);
(c) a declaration under section 366 (Declared leases).
omit
Planning and Development Act 2007, section 312C
substitute
, section 365 (1)
[1.218] Section 88 (1), note 1
substitute
Note 1 A sublease of land must be approved by the territory planning
authority (see
, s 284 and this Act, s 88B).
substitute
Note Land sublease does not include a building sublease (see Planning Act 2023
, dictionary).
substitute
88B Land subleases—registration
The registrar-general must not register a sublease of land unless the
sublease has been approved, in writing, by the territory planning authority
under the
, section 284 (Restriction on subletting of land).
Note This section does not apply to a building sublease (see Planning Act 2023
, dict, def land sublease).
omit
Note This section does not apply to a building sublease (see Planning and Development Act 2007, dict, def land sublease).
substitute
Note This section does not apply to a building sublease (see Planning Act 2023
, dict, def land sublease).
[1.222] Section 88H (2) (a) and (b)
omit
Planning and Development Act 2007, section 295
substitute
, section 362
omit
Planning and Development Act 2007
substitute
[1.224] Section 178B (5), definition of declared land sublease
substitute
declared land sublease—see the Planning Act 2023
, section 365 (1).
substitute
178C Expiry of provisions
This section and section 72D (1) (b) expire on the day the Planning Act 2023
, section 282 (Restriction on transfer, assignment and parting with possession—certain University of NSW leases) expires.
Note See the
, s 521 (Expiry of University of NSW lease provisions).
insert
• territory planning authority
[1.227] Dictionary, definition of building sublease etc
substitute
building sublease means a sublease mentioned in the Planning Act 2023
, section 285 (Subletting part of building).
declared land sublease—see the Planning Act 2023
, section 365 (1).
land sublease—see the Planning Act 2023
, dictionary.
[1.228] Further amendments, mentions of planning and land authority
omit
planning and land authority
substitute
territory planning authority
in
• section 72C
• section 88D
• section 88H
• section 123D
• section 123I
Part 1.41 Land Titles (Unit Titles) Act 1970
omit
planning and land authority
substitute
territory planning authority
[1.230] Section 7 (1) (d) (iv)
substitute
(iv) no lease variation charges payable under the Planning Act 2023
, division 10.7.3 (Variation of nominal rent leases) or deferred under a deferral arrangement are outstanding at the time the units plan is to be registered;
[1.231] Section 7 (1) (d), note 2
omit
Planning and Development Act 2007, s 279AE
substitute
, s 346
substitute
(3) In this section:
deferral arrangement, for a lease variation charge—see
the
, section 343 (1) (c).
lease variation charge, for a variation of a nominal rent
lease—see the
, dictionary.
omit
planning and land authority
substitute
territory planning authority
substitute
(a) the territory planning authority grants further leases under the Planning Act 2023
, section 289 of the units and the common property forming part of the registered units plan; or
omit
• planning and land authority
substitute
• territory planning authority
Part 1.42 Leases (Commercial and Retail) Act 2001
[1.236] Section 12 (7), definition of land sublease
substitute
land sublease—see the Planning Act 2023
, dictionary.
Part 1.43 Leases (Commercial and Retail) Regulation 2002
substitute
(2) In this section:
City West precinct—see the Planning and Development Regulation 2008
(repealed), section 102 as in force on 5 April 2020.
Part 1.44 Legislation Act 2001
[1.238] Dictionary, part 1, new definition of chief planner
insert
chief planner means the Chief Planner under the Planning Act 2023
.
[1.239] Dictionary, part 1, definitions of chief planning executive and planning and land authority
omit
[1.240] Dictionary, part 1, definition of territory lease and territory plan
substitute
territory lease—
(a) means—
(i) a lease granted under the Planning Act 2023
; or
(ii) a lease that is, under the Unit Titles Act 2001
, taken to be granted by the Territory under the Planning Act 2023
; but
(b) does not include—
(i) a sublease of land approved under the Planning Act 2023
, section 284; or
(ii) any other sublease.
territory plan means the territory plan under the Planning Act 2023
.
[1.241] Dictionary, part 1, new definition of territory planning authority
insert
territory planning authority means the Territory Planning Authority established under the Planning Act 2023
.
omit
Planning and Development Act 2007
substitute
omit
• planning and land authority
substitute
• territory planning authority
insert
• territory plan
[1.245] Dictionary, definition of lease
substitute
lease—see the Planning Act 2023
, section 257.
[1.246] Further amendments, mentions of planning and land authority
omit
planning and land authority
substitute
territory planning authority
in
• section 25
• section 39
• section 50
• section 79
Part 1.46 Liquor Regulation 2010
insert
• territory planning authority
[1.248] Dictionary, definition of unleased land licence and note
substitute
unleased land licence, for an outdoor dining area, means a
licence under the
, section 378 (Decision on licence applications for unleased land) authorising a licensee to occupy or use the area for outdoor dining.
Part 1.47 Nature Conservation Act 2014
[1.249] Section 27 (3) (b), note
substitute
Note Custodian, in relation to land—see the Planning Act 2023
, dictionary.
[1.250] Sections 140 and 142 to 146
omit
Planning and Development Act 2007, chapter 7 (Development approvals)
substitute
, chapter 7
[1.251] Section 153 (2) (b) (iii)
substitute
(iii) a licence under the Planning Act 2023
, section 378 (Decision on licence applications for unleased land); or
[1.252] Section 169 (1), definition of reserve, paragraph (b) (i)
substitute
(i) reserved in the territory plan under the Planning Act 2023
, section 385 (Reserved areas of public land); and
[1.253] Section 169 (2), definition of catchment area
omit
Planning and Development Act 2007, section 315 (g)
substitute
, section 385 (g)
[1.254] Section 169 (2), definition of national park
omit
Planning and Development Act 2007, section 315 (b)
substitute
, section 385 (b)
[1.255] Section 169 (2), definition of nature reserve
omit
Planning and Development Act 2007, section 315 (c)
substitute
, section 385 (c)
[1.256] Section 170, definition of wilderness area
omit
Planning and Development Act 2007, section 315 (a)
substitute
, section 385 (a)
omit
Planning and Development Act 2007, s 316
substitute
, s 386
[1.258] Part 8.3 heading, note
substitute
Note Under the
, s 386 (b), each area of public land identified in the territory plan must be managed in accordance with the public land management plan for the area. If the area is a reserve, the public land management plan is a reserve management plan for the area under this part (see Planning Act 2023
, s 388 (1), def public land management plan, par (a)).
[1.259] Sections 177 (2) (b) and 180 (3) (b)
omit
planning and land authority
substitute
territory planning authority
[1.260] Section 252 (2) (a) (iv), note
substitute
Note Minor public works—see the Planning (General) Regulation 2023, sch 1, s 1.1.
Minor public works code—see s 318A.
[1.261] Section 252 (2) (b) (iii)
substitute
(iii) a development approval under the Planning Act 2023
, chapter 7; or
[1.262] Section 252 (2) (b) (v)
substitute
(v) a licence under the Planning Act 2023
, section 378 (Decision on licence applications for unleased land); or
omit
Planning and Development Act 2007, section 315 (Reserved areas—public land)
substitute
, section 385 (Reserved areas of public land)
[1.264] Section 261 (2) (a) (ii) and (iii)
substitute
(ii) a licence under the Planning Act 2023
, section 378 (Decision on licence applications for unleased land); or
(iii) a development approval under the Planning Act 2023
, chapter 7; or
[1.265] Section 308 (3), definition of development
substitute
development, in relation to land—see the Planning Act 2023
, section 14 (1).
[1.266] Section 310, definition of management agreement, paragraph (c)
omit
Planning and Development Act 2007, chapter 7
substitute
, chapter 7
substitute
(2) In this section:
development application—see the Planning Act 2023
, section 166 (1).
substitute
316 Simplified outline
The following notes provide a simplified outline of this chapter and the Planning Act 2023
, chapter 7 (Development assessment and approvals):
Note 1 Certain development applications to be referred to conservator
The territory planning authority is required to refer a development application to the conservator if the application is likely to have a significant adverse environmental impact on a protected matter (see Planning Act 2023
, s 170 (1) (c)). The territory planning authority may also be required to refer other development applications to the conservator (see Planning Act 2023
, s 170 and s 171).
Note 2 Conservator to give advice about development application
The conservator gives advice to the territory planning authority, within the
prescribed number of days, about adverse environmental impacts of the proposed
development (see
, s 172). The conservator may also give the authority advice about adverse environmental impacts under this Act, s 317.
Note 3 Conservator’s advice to be considered
The conservator’s advice must be considered by the decision-maker in deciding a development application referred to the conservator (see Planning Act 2023
, s 186 (h), s 189 and s 190).
Note 4 Approvals inconsistent with conservator’s advice
A development approval that is inconsistent with the conservator’s advice may be given by the decision-maker in certain circumstances (see Planning Act 2023
, s 190 (1) (a) (i)).
A development approval that is inconsistent with the conservator’s advice for a significant development that is likely to have a significant adverse environmental impact on a declared protected matter may only be given by the chief planner or Minister in certain circumstances (see Planning Act 2023
, s 190 (2)).
[1.269] Section 317 (2) and note
substitute
(2) The conservator may give the territory planning authority written advice in accordance with section 318 about the development.
Note If the territory planning authority refers a development application to the conservator under the Planning Act 2023
, s 170 and s 171, the conservator must, not later than the number of days prescribed by regulation after the day of the referral, give the territory planning authority the conservator’s advice (see Planning Act 2023
, s 172).
substitute
(b) under the
, section 172 (Entity advice on development applications) about a development application.
[1.271] Section 318 (2), notes 1 and 2
substitute
Note If the proposed development is likely to have a significant adverse environmental impact, the Minister may declare that an EIS must be undertaken for the proposal and may require an offset (see Planning Act 2023
, s 106 and s 223, def offset).
[1.272] Section 318 (3) (a) (i), note
substitute
Note The policy statement is available at www.dcceew.gov.au
.
substitute
(4) In this section:
offset, for a development that is likely to have a significant adverse environmental impact on a protected matter—see the Planning Act 2023
, section 223.
offsets policy—see the Planning Act 2023
, section 224.
protected matter—see the Planning Act 2023
, section 221 (1).
significant adverse environmental impact—see the Planning Act 2023
, section 104.
substitute
(6) In this section:
minor public works—see the Planning (General) Regulation 2023, schedule 1, section 1.1.
insert
• territory plan
• territory planning authority
[1.276] Dictionary, definition of custodian etc
substitute
custodian, in relation to land—see the Planning Act 2023
, dictionary.
Note Custodian applies only to land that is unleased land, public land or both.
lease—see the Planning Act 2023
, section 257.
planning and development management objectives, for an area of
public land reserved for a particular purpose, means the management objectives
under the
, section 387.
Note The management objectives are stated in the following:
• the
, sch 3
• determinations made by the conservator under the Planning Act 2023
, s 387 (2).
public land—see the Planning Act 2023
, dictionary.
Part 1.48 Nature Conservation Regulation 2015
[1.277] Section 5 (2), definition of special purpose reserve
omit
Planning and Development Act 2007, section 315 (d)
substitute
, section 385 (d)
substitute
(a) must include a detailed plan for the proposal that is consistent with the territory plan; and
[1.279] Section 43 (1) (b) (ii)
omit
designated
substitute
identified
[1.280] Section 48 (4), new note
insert
Note The instrument does not need to be notified under the Legislation Act
because s 47 (6) does not apply (see Legislation Act
, s 47 (7)).
omit
designated as a future urban area under the territory plan
substitute
a future urban area
omit
condition on
substitute
condition included in
omit
submitted
substitute
made
[1.284] Section 171 (1) (b) (ii)
before
authority
insert
territory planning
substitute
(a) the territory plan;
omit
condition on
substitute
condition of
[1.287] Section 205 (3) (b) (ii)
omit
custodian for the land
substitute
custodian of the land
substitute
(2) The decision-maker must refuse to amend the development approval if satisfied that—
(a) the changed development proposal would be in breach of a condition included in the approval under section 187 (1) (d); or
Note If a conditional environmental significance opinion has been given for a development, the development approval must include a condition that the development comply with the condition in the environmental significance opinion (see s 187 (1) (d)).
(b) an offset condition for the approval as amended would not provide an offset at least equivalent to an offset provided by the original approval.
[1.289] New section 211 (2) (d)
insert
(d) the approval-holder surrenders the approval to the territory planning authority.
[1.290] New section 212 (2) (a) (iiia)
insert
(iiia) the approval-holder surrenders the approval to the territory planning authority; or
[1.291] New section 212 (2) (a) (iva)
insert
(iva) the lease is surrendered, other than for a lease variation or renewal; or
omit
structure on the land
substitute
structure on land
in
• section 213
• section 276 (1)
• section 290 (3)
[1.293] Section 292, definition of community lease provisions, paragraphs (d) to (f)
substitute
(d) if the community lease use for which the land described in the lease must be used involves a non-continuous service being provided on the land—a provision stating the minimum requirements for how frequently, and for how long, the service must be provided;
(e) a provision requiring the lessee to give the territory planning authority prescribed information about the use of the land described in the lease;
(f) a provision requiring the lessee to give the territory planning authority reports about the use of the land described in the lease;
before
land
insert
leased
after
land
insert
described in the lease
[1.296] Section 343 (1), note 2
substitute
Note 2 A decision in relation to an application, the conditions of a deferral arrangement under s 344 or the variation of a deferral arrangement under s 345 are reviewable decisions (see Taxation Administration Act 1999
, sch 1).
after
land
insert
described in the lease
[1.298] Section 401 (4), definition of future public land
substitute
future public land means land designated, in a draft major plan amendment publicly notified under section 63, to become public land.
substitute
(a) notice of a suspicion of noncompliant site work given under the Building Act 2004
, section 50A;
omit
additional
substitute
no further
omit
structure on the land
substitute
structure on land
[1.302] Section 523 (3), new note
insert
Note The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act
, s 47 (5) or (6) is not disapplied (see s 47 (7)).
[1.303] Section 523 (4), new note
insert
Note The instrument does not need to be notified under the Legislation Act
because s 47 (6) does not apply (see Legislation Act
, s 47 (7)).
[1.304] Dictionary, definition of building and development provision
substitute
building and development provision, in relation to a lease, for chapter 10 (Leases and licences)—see section 256.
[1.305] Dictionary, new definition of deciding
insert
deciding, a development application, means approving (with or without a condition) or refusing the application.
[1.306] Dictionary, definition of deciding a development application
omit
[1.307] Dictionary, new definition of district policy
insert
district policy means a district policy in the territory plan.
[1.308] Dictionary, definitions of public land and significant
substitute
public land means land identified in the territory plan as public land.
significant adverse environmental impact—see section 104.
Part 1.50 Prohibited Weapons Regulation 1997
omit
under the territory plan for a purpose mentioned in the Planning and Development Act 2007, section 315 (Reserved areas—public land)
substitute
in the territory plan for a purpose mentioned in the Planning Act 2023
, section 385 (Reserved areas of public land)
[1.310] Section 12A (3), definition of rural lease
substitute
rural lease—see the Planning Act 2023
, section 256.
Part 1.51 Professional Engineers Act 2023
[1.311] Section 74 (2), definition of operational Act, paragraph (f)
substitute
(f)
;
Part 1.52 Public Health Act 1997
[1.312] Section 66X (3) and note
substitute
(3) In this section:
supermarket—see the territory plan, dictionary.
omit
statement or inquiry under the Planning and Development Act 2007, chapter 8 (Environmental impact statements and inquiries)
substitute
assessment or inquiry under the Planning Act 2023
, part 6.3 (Environmental impact assessment)
substitute
134 Declarations for the Planning Act 2023
(1) The Minister may make a declaration (a public health EIS declaration) for the Planning Act 2023
, section 105 (1) (d) (When EIS is required) in relation to a development application for a development proposal under that Act.
Note If the Minister makes a declaration in accordance with this Act
and the
, an EIS under that Act will be required for the development proposal.
(2) However, the Minister must not make a public health EIS declaration unless the Minister considers that the proposed development would be likely to have a significant effect on public health.
Note The
, s 105 (1) (d) (ii) provides that a declaration under this section must be made during the public notification period for the development application to which the declaration relates.
(3) If the territory planning authority gives the Minister an EIS under the
, section 125 (3) (b) for a development proposal in relation to which a public health EIS declaration has been made, the Minister may—
(a) decide that a panel to conduct an inquiry about the EIS must be
established under the
, section 132 (When to establish inquiry panel); or
(b) give the territory planning authority written notice that the Minister has decided to take no action in relation to the EIS.
(4) The Minister may only make a decision under subsection (3) (a) about an EIS if—
(a) the decision is made not later than 15 working days after the territory planning authority gives the Minister the EIS; and
(b) the Minister administering the Planning Act 2023
, section 132 has not made a decision under that section to establish a panel to conduct an inquiry about the EIS.
(5) If the Minister makes a decision under subsection (3) (a) about an EIS, the Minister must give the Minister administering the Planning Act 2023
, section 132 written notice that an inquiry about the EIS must inquire into the effect on public health of the development proposal to which the EIS relates.
insert
• territory plan
• territory planning authority
[1.316] Dictionary, definition of EIS
substitute
EIS—see the Planning Act 2023
, section 94 (c).
[1.317] Dictionary, definition of environmental impact statement
omit
Part 1.53 Public Roads Act 1902
[1.318] Sections 19 (2) (b) and 20 (2) (b)
substitute
(b) the closure of the road is only to give effect to a variation of a lease
under the
, chapter 7 (Development assessment and approvals); and
Part 1.54 Public Unleased Land Act 2013
[1.319] Section 43 (4) (a) (i)
substitute
(i)
, section 378 (Decision on licence applications for unleased land), to occupy or use the public unleased land; or
[1.320] Section 47, definition of suitability information, paragraph (c), example
omit
Planning and Development Act 2007, s 303
substitute
, s 378
insert
• territory land
[1.322] Dictionary, definition of land sublease
substitute
land sublease—see the Planning Act 2023
, dictionary.
omit
planning and land authority
substitute
territory planning authority
substitute
(4) In this section:
chargeable variation, of a nominal rent lease—see the Planning Act 2023
, section 327.
substitute
(4) In this section:
development approval—see the Planning Act 2023
, dictionary.
omit
• planning and land authority
substitute
• territory planning authority
[1.327] Dictionary, definition of declared land sublease
substitute
declared land sublease—see the Planning Act 2023
, section 365 (1).
Part 1.56 Retirement Villages Act 2012
substitute
Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘development approval—see the Planning Act 2023
, dictionary.’ means that the term ‘development approval’ is defined in that dictionary and the definition applies to this Act.
omit
Planning and Development Act 2007, ch 7
substitute
, ch 7
omit
Planning and Development Act 2007
substitute
[1.331] Section 65 (1) (b) and (2)
substitute
(b) to carry out development in contravention of the Planning Act 2023.
(2) In this section:
development—see the Planning Act 2023
, section 14 (1).
omit
Planning and Development Act 2007
substitute
[1.333] Dictionary, definition of development approval
substitute
development approval—see the Planning Act 2023
, dictionary.
Part 1.57 Retirement Villages Regulation 2013
omit
Planning and Development Act 2007
substitute
Part 1.58 Road Transport (Safety and Traffic Management) Regulation 2017
substitute
(3) In this section:
setback—see the territory plan, dictionary.
substitute
(5) In this section:
dwelling—see the Planning (Exempt Development) Regulation 2023, section 6 (1).
Part 1.59 Sale of Motor Vehicles Act 1977
[1.337] Dictionary, definition of ACTPLA certificate
omit
Part 1.60 Smoke-Free Public Places Regulation 2005
[1.338] Section 13 (2), note 2, 2nd dot point
omit
Planning and Development Act 2007, s 134
substitute
, s 148
Part 1.61 Taxation Administration Act 1999
substitute
(i) the
, division 10.7.3 (Variation of nominal rent leases);
substitute
(c) the
, division 10.7.3 (Variation of nominal rent leases);
Note An unpaid amount of tax may arise under the Planning Act 2023
, div 10.7.3 if an amount is deferred under a deferral arrangement or due to a reconsideration, reassessment or review.
[1.341] Section 56G (2), definition of declared land sublease
substitute
declared land sublease—see the Planning Act 2023
, section 365 (1).
[1.342] Section 56H (8) (a) (v)
substitute
(v) for tax payable under the Planning Act 2023
, division 10.7.3 (Variation of nominal rent leases)—the Planning Act 2023
, section 346 (Certificate of lease variation charge and other amounts) in relation to the parcel before the purchase; and
[1.343] Section 56M (6) (a) (v)
substitute
(v) for tax payable under the Planning Act 2023
, division 10.7.3 (Variation of nominal rent leases)—the Planning Act 2023
, section 346 (Certificate of lease variation charge and other amounts) in relation to the parcel before the purchase; and
substitute
(iii) the
;
substitute
(c) the
;
[1.346] Schedule 1, section 1.2, paragraphs (l) to (n)
substitute
(l) under the
, section 343 (1) in relation to an application to defer payment of a lease variation charge; or
(m) under the
, section 344 (2) and this Act, section 52 in relation to the conditions of a deferral arrangement; or
(n) under the
, section 345 (3) and this Act, section 52 in relation to the variation of a deferral arrangement.
Part 1.62 Taxation Administration Regulation 2004
substitute
(5) The chief planner is prescribed for information about rates imposed
under the
for the purpose of working out the noncompliance fee under the Planning (General) Regulation 2023, section 97.
Note Chief planner—see the Legislation Act
, dictionary, pt 1.
Part 1.63 Tree Protection Act 2005
[1.348] Section 19 (2), definition of development approval
omit
[1.349] Sections 24A (2) (b) and 34A (2) (b)
omit
given to the council under the Planning and Development Act 2007, section 148
substitute
referred to the council under the Planning Act 2023
, section 170 or section 171
[1.350] Section 80, definition of development
omit
Planning and Development Act 2007, chapter 7
substitute
, chapter 7
substitute
81 Simplified outline
The following notes provide a simplified outline of this part and the Planning Act 2023
, chapter 7 (Development assessment and approvals):
Note 1 Certain development applications to be referred to conservator
The territory planning authority may be required to refer a development application to the conservator (see Planning Act 2023
, s 170 and s 171).
Note 2 Conservator to give advice about development application
The conservator gives advice to the territory planning authority, within the
prescribed number of days, in relation to tree protection and the development
(see
, s 172). The conservator may also give the authority advice about tree protection on land subject to development under this Act, s 82.
Note 3 Conservator’s advice to be considered
The conservator’s advice must be considered by the decision-maker in deciding a development application referred to the conservator (see Planning Act 2023
, s 186 (h), s 189 and s 190).
Note 4 Approvals inconsistent with conservator’s advice
A development approval that is inconsistent with the conservator’s advice in relation to a regulated tree may be given by the decision-maker in certain circumstances (see Planning Act 2023
, s 190 (1) (a) (i)).
A development approval that is inconsistent with the conservator’s
advice in relation to a registered tree or declared site may only be given by
the Minister in certain circumstances for a territory priority project
(see
, s 190 (1) (a) (ii)).
substitute
Note If the territory planning authority refers a development application to the conservator under the Planning Act 2023
, s 170 and s 171, the conservator must, within the number of days prescribed
by regulation after the day the authority refers the application, give the
territory planning authority advice in relation to the development application
(see
, s 172).
substitute
(b) under the
, section 172 in relation to a development application.
omit
• planning and land authority
substitute
• territory planning authority
[1.355] Dictionary, definition of development approval
substitute
development approval—see the Planning Act 2023
, dictionary.
[1.356] Dictionary, definition of tree management plan, paragraph (b)
substitute
(b) in parts 2 to 4—includes a tree management plan approved under the
, section 185 (5) (b).
[1.357] Further amendments, mentions of planning and land authority
omit
planning and land authority
substitute
territory planning authority
in
• section 26
• section 28
• section 61
• section 82
Part 1.64 Unit Titles Act 2001
[1.358] Section 17 (4), note, paragraph (a)
substitute
(a) the development has development approval under the Planning Act 2023
(see s 20 (3) and that Act
, ch 7); and
[1.359] Section 20 (1) (c) (ii)
omit
Planning and Development Act 2007, chapter 7
substitute
, chapter 7
[1.360] Section 20 (1) (c) (ii), notes 1 and 2
substitute
Note 1 If a development approval relates to the use of land, or of a building or other structure on land, a condition of the approval may be that the use may take place only in stated circumstances or at stated times (see Planning Act 2023
, s 187 (2) (i)).
Note 2 The territory planning authority must not do any act that is inconsistent with the territory plan (see Planning Act 2023
, s 52).
omit
Planning and Development Act 2007, chapter 7
substitute
, chapter 7
[1.362] Sections 21 (2) and (3) and 24 (1) (b)
omit
planning and land authority’s
substitute
territory planning authority’s
omit
Planning and Development Act 2007, chapter 7 (Development approvals)
substitute
, chapter 7 (Development assessment and approvals)
omit
Planning and Development Act 2007, chapter 9
substitute
, chapter 10
omit
Planning and Development Act 2007, chapter 7 (Development approvals)
substitute
, chapter 7 (Development assessment and approvals)
omit
Planning and Development Act 2007, chapter 7
substitute
, chapter 7
omit
Planning and Development Act 2007, chapter 7 (Development approvals)
substitute
, chapter 7 (Development assessment and approvals)
omit
Planning and Development Act 2007, chapter 9
substitute
, chapter 10
substitute
(2) The
, chapter 12 applies to the owners corporation as if the corporation were the lessee of the parcel of land.
Note A development approval for the subdivision of a units plan must include a condition that the units plan is cancelled (see Planning Act 2023
, s 187 (1) (c)).
substitute
166 Development applications to vary lease under Planning Act 2023
omit
Planning and Development Act 2007, chapter 7 (Development approvals)
substitute
, chapter 7
omit
Planning and Development Act 2007, chapter 7
substitute
, chapter 7
omit
planning and land authority’s
substitute
territory planning authority’s
substitute
(a) the
, section 289; or
omit
Planning and Development Act 2007, section 295
substitute
, section 362
omit
Planning and Development Act 2007, s 254
substitute
, s 289
[1.377] Sections 171 and 172, notes
substitute
Note This section does not apply to a further lease, or a further lease under a units plan that subdivides land under a declared land sublease, granted after a lease has been surrendered under the Planning Act 2023
, s 289 or this Act, s 167AA (see dict, def termination).
omit
• planning and land authority
substitute
• territory planning authority
[1.379] Dictionary, definitions of building and development provision and declared land sublease
substitute
building and development provision, in relation to a
lease—see the
, section 256.
declared land sublease—see the Planning Act 2023
, section 365 (1).
[1.380] Dictionary, definition of lease, paragraph (a) (iv)
substitute
(iv) the
, section 289 (Grant of further leases); or
[1.381] Dictionary, definition of lease, paragraph (b) (iii)
substitute
(iii) the
, section 289 (Grant of further leases); or
[1.382] Dictionary, definition of termination, paragraph (a)
substitute
(a) the
, section 289 (Grant of further leases); or
[1.383] Further amendments, mentions of Planning and Development Act 2007
omit
Planning and Development Act 2007
substitute
in
• section 20
• section 27
• section 165B
• sections 171 and 172
• dictionary, definition of lease, paragraph (c) (i) (A)
[1.384] Further amendments, mentions of planning and land authority
omit
planning and land authority
substitute
territory planning authority
in
• section 17
• sections 17A and 17B
• sections 20 to 22
• section 22B
• section 22F
• sections 23 and 24
• sections 27 to 30
• section 146
• section 149
• sections 154 and 155
• section 160
• section 163
• sections 166 and 167
• section 168
• sections 170 and 171
• sections 173A to 175
• section 180
• dictionary, definition of schedules of rent and lease provisions
Part 1.65 Unit Titles (Management) Act 2011
[1.385] Section 26 (2) and note
substitute
(2) If the lease of a unit or the common property is subject to a building
and development provision, section 24 (1) does not apply to the owners
corporation until the territory planning authority issues a certificate under
the
, section 368 (Certificates of compliance)—
(a) for the building and development provision; and
(b) for any building and development provision to which any of the other leases are subject.
[1.386] Schedule 2, section 2.1 (1) (e)
omit
planning and land authority
substitute
territory planning authority
omit
• planning and land authority
substitute
• territory planning authority
[1.388] Dictionary, definitions of building and development provision and declared land sublease
substitute
building and development provision, in relation to a
lease—see the
, section 256.
declared land sublease—see the Planning Act 2023
, section 365 (1).
[1.389] Dictionary, definition of eligible person, paragraph (d)
omit
planning and land authority
substitute
territory planning authority
Part 1.66 Unit Titles Regulation 2001
[1.390] Section 2, definition of planning documents, paragraph (b)
substitute
(b) for a development under the Planning Act 2023
—a notice of decision given under that Act
, division 7.6.2; and
[1.391] Section 2, definition of planning documents, paragraph (c)
omit
Planning and Development Act 2007
substitute
omit
planning and land authority
substitute
territory planning authority
omit
Planning and Development Act 2007, chapter 7
substitute
, chapter 7
omit
planning and land authority
substitute
territory planning authority
substitute
(g) IZ2 Business Zone.
omit
planning and land authority
substitute
territory planning authority
substitute
(3) In this section:
balcony—see the territory plan, dictionary.
gross floor area—see the territory plan, dictionary.
omit
• planning and land authority
substitute
• territory planning authority
substitute
(i) the
;
[1.400] Dictionary, definition of land sublease
substitute
land sublease—see the Planning Act 2023
, dictionary.
Part 1.68 Utilities (Technical Regulation) Act 2014
substitute
(k) the
;
[1.402] Section 41A, definition of rural lease
substitute
rural lease—see the Planning Act 2023
, section 256.
[1.403] Section 57, definition of proposed dam
omit
Planning and Development Act 2007
substitute
[1.404] Dictionary, definition of rural lease
substitute
rural lease, for part 5A (Vegetation and electrical infrastructure management)—see the Planning Act 2023
, section 256.
Part 1.69 Utilities (Telecommunications Installations) Act 2001
[1.405] Section 6 (2), definition of authorised network plan, paragraph (a)
omit
Planning and Development Act 2007
substitute
[1.406] Section 6 (2), definition of authorised network plan, paragraph (b)
after
Planning and Development Act 2007
insert
(repealed)
[1.407] Section 6 (2), definition of reticulated service
substitute
reticulated service means—
(a) electricity, water, drainage, gas, communications or similar services the provision of which allows for direct access to and use of the services by the occupiers of individual parcels of land; or
(b) mobile telecommunications services.
Part 1.70 Waste Management and Resource Recovery Regulation 2017
[1.408] Sections 6, 24G and 24K
omit
Planning and Development Act 2007
substitute
substitute
(iii) whether the collection point complies with any requirements in the territory plan that relate to access or mobility for people with disability;
[1.410] Sections 24P (h) and 24T
omit
Planning and Development Act 2007
substitute
Part 1.71 Water and Sewerage Act 2000
[1.411] Dictionary, definition of land sublease
substitute
land sublease—see the Planning Act 2023
, dictionary.
Part 1.72 Water Resources Act 2007
insert
Part 3A Environmental values
15A Environmental values for waterways
(1) The Minister must determine environmental values for waterways in the ACT.
(2) A determination is a notifiable instrument.
[1.413] Sections 28 (2) (b) (i) and 30 (2) (g)
omit
Planning and Development Act 2007, chapter 7 (Development approvals)
substitute
, chapter 7 (Development assessment and approvals)
substitute
46 Planning Act 2023 not affected
This division does not affect the operation of the Planning Act 2023
.
insert
• territory plan
[1.416] Dictionary, definition of land sublease
substitute
land sublease—see the Planning Act 2023
, dictionary.
insert
Part 22 Transitional—Planning (Consequential Amendments) Act 2023
212 References to Planning Act 2023
(1) A reference in this Act to the Planning Act 2023
includes a reference to the Planning and Development Act 2007
(as in force at any time before its repeal).
(2) A reference in this Act to the Planning Act 2023
, chapter 7 (Development assessment and approvals) includes a reference to
the
, chapter 7 (Development approvals) (as in force at any time before its repeal).
213 Expiry—pt 22
This part expires 12 months after the day it commences.
Note A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act
, s 88).
Part 1.73 Work Health and Safety Regulation 2011
[1.418] Schedule 18, subsection 18.2.2
omit
planning and land authority
substitute
territory planning authority
[1.419] Schedule 18, subsection 18.2.2, note
omit
omit
• planning and land authority
substitute
• territory planning authority
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 29 June 2023.
2 Notification
Notified under the
on 2023.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2023
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