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This is a Bill, not an Act. For current law, see the Acts databases.
PLANNING AND LAND BILL 2002
2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Planning)
Planning and
Land Bill 2002
Contents
Page
2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Planning)
Planning and Land
Bill 2002
A Bill for
An Act to provide for planning and the development of land, and for other
purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Planning and Land Act 2002.
This Act commences on a day fixed by the Minister by written
notice.
Note 1 The naming and commencement provisions automatically commence
on the notification day (see Legislation Act 2001, s 75).
Note 2 A single day or time may be fixed, or different days or times
may be fixed, for the commencement of different provisions (see Legislation
Act 2001, s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on
the notification day, it automatically commences on the first day after that
period (see Legislation Act 2001, s 79).
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain words
and expressions used in this Act, and includes references (signpost
definitions) to other words and expressions defined elsewhere in this
Act or in other legislation.
For example, the signpost definition
‘development—see the Land (Planning and Land
Management) Act 1991, section 222 (Definitions for pt 6).’ means that
development is defined in that section and the definition applies to this
Act.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act 2001, s 155 and
s 156 (1)).
A note included in this Act is explanatory and is not part of this
Act.
Note See Legislation Act 2001, s 127 (1), (4) and (5)
for the legal status of notes.
The object of this Act is to provide a planning and land system that
contributes to the orderly and sustainable development of the
ACT—
(a) consistently with the social, environmental and economic aspirations
of the people of the ACT; and
(b) in accordance with sound financial principles.
Chapter
2 The authority and chief planning
executive
6 Establishment
of authority
(1) The Planning and Land Authority is established.
(2) The authority—
(a) is a body corporate; and
(b) must have a seal.
(3) The chief planning executive is the authority.
7 Territory
bound by actions of authority
Anything done in the name of, or for, the authority by the chief planning
executive in exercising a function of the authority is taken to have been done
for, and binds, the Territory.
Part
2.2 Functions of
authority
(1) The authority has the following functions:
(a) to administer the Territory plan;
(b) to continually assess the Territory plan and propose amendments as
necessary;
(c) to plan and regulate the development of land;
(d) to advise on planning and land policy, including the broad spatial
planning framework for the ACT;
(e) to maintain the digital cadastral database;
(f) to make available land information;
(g) to grant, administer, vary and end leases on behalf of the
Executive;
(h) to grant licences over unleased Territory land;
(i) to decide applications for approval to undertake
development;
(j) to regulate the building industry;
(k) to make orders under the Land (Planning and Environment) Act
1991, part 6 (Approvals and orders);
(l) to provide planning services, including services to entities outside
the ACT;
Note The provision of planning services to somebody other than the
Territory is subject to s 14 (Provision of planning services to
others—ministerial approval).
(m) to review its own decisions;
(n) to provide administrative support and facilities for the
council.
(2) The authority may exercise any other function given to the authority
under this Act, another Territory law or a Commonwealth law.
Note A provision of a law that gives an entity (including a
person) a function also gives the entity powers necessary and convenient to
exercise the function (see Legislation Act 2001, s 196 and dict, pt 1,
def of entity).
(3) The authority must exercise its functions in a way that has regard to
sustainable development.
Note For the meaning of sustainable development, see s
73.
(4) In this section:
digital cadastral database—see the Districts Act
2002, section 17.
9 Authority
to comply with directions
The authority must comply with—
(a) any directions given to the authority under this Act or another
Territory law; and
(b) the statement of planning intent.
Note The authority may be given directions by the Minister under s
11. The statement of planning intent is dealt with in s 13.
10 Asking
council’s advice
(1) The authority must ask for, and consider, the council’s
advice—
(a) before exercising a function prescribed under the regulations;
or
(b) before exercising a function in circumstances prescribed under the
regulations.
(2) The authority may ask for the council’s advice in relation to
the exercise of any other function.
Part
2.3 Operations of
authority
11 Ministerial
directions to authority
(1) The Minister may give a written direction to the
authority—
(a) about the general policies the authority must follow; or
(b) requiring the authority to revise the Territory plan, or a provision
of the plan.
(2) Before giving a direction, the Minister must—
(a) tell the authority about the proposed direction; and
(b) give the authority reasonable opportunity to comment on the proposed
direction; and
(c) consider any comment made by the authority.
(3) A copy of a direction must be presented to the Legislative Assembly
within 6 sitting days after the day it is given to the authority.
(4) If subsection (3) is not complied with, the direction is taken to have
been revoked at the end of those 6 sitting days.
12 Assembly
may recommend directions to authority
(1) The Legislative Assembly may, by resolution, recommend that the
Minister give the authority a stated direction under section 11.
(2) The Minister must consider the recommended direction and must
either—
(a) direct the authority under section 11; or
(b) tell the Legislative Assembly that the Minister does not propose to
direct the authority as recommended.
(3) A direction mentioned in subsection (2) (a) may be in accordance with
the Legislative Assembly’s resolution or as changed by the
Minister.
13 Statement
of planning intent
(1) The Minister may give the authority a written statement that sets out
the main principles that are to govern planning and land development in the ACT
(the statement of planning intent).
(2) The Minister must present a copy of a statement of planning intent to
the Legislative Assembly within 6 sitting days after the day the statement is
given to the authority.
14 Provision
of planning services to others—ministerial approval
The authority may provide planning services to somebody other than the
Territory only with the Minister’s written approval.
15 Reports
by authority to Minister
(1) The authority must give the Minister a report, or information about
its operations, required by the Minister.
(2) A report under this section must be prepared in the form (if any)
that the Minister requires.
(3) This section is in addition to any other provision about the giving of
reports or information by the authority.
16 Authority’s
annual report
The report presented, or information given, by the authority under the
Annual Reports (Government Agencies) Act 1995, section 8 (Annual
reports of public authorities) must include, for the reporting period to which
the report or information relates—
(a) a copy of any direction given under section 11 (Ministerial directions
to authority); and
(b) a statement by the authority about action taken during the period to
give effect to any direction given (whether before or during the
period).
17 Delegations
by authority
(1) The authority may delegate the authority’s functions under this
Act or another Territory law to a public servant who is an authority staff
member.
(2) The authority may also delegate the function of granting leases on
behalf of the Executive to the land agency.
Note For the making of delegations and the exercise of delegated
functions, see Legislation Act 2001, pt 19.4.
Part
2.4 The chief planning
executive
18 Appointment
of chief planning executive
(1) The Executive must, after consulting with the council, appoint a
person to be the Chief Planning Executive (the chief planning
executive).
Note 1 For the making of appointments generally, see Legislation
Act 2001, div 19.3.
Note 2 A power to appoint a person to a position includes power to
appoint a person to act in the position (see Legislation Act 2001,
s 209).
(2) An appointment must be for a term of not longer than 5
years.
Note A person may be reappointed to a position if the
person is eligible to be appointed to the position (see Legislation Act
2001, s 208 (1) (c)).
(3) An appointment is a notifiable instrument.
Note A notifiable instrument must be notified under the
Legislation Act 2001.
19 Chief
planning executive’s employment conditions
The chief planning executive’s conditions of appointment are the
conditions agreed between the Executive and the chief planning executive,
subject to any determination under the Remuneration Tribunal Act
1995.
20 Functions
of chief planning executive
The chief planning executive may exercise the functions given to the chief
planning executive under this Act or another Territory law.
21 Suspension
or ending of chief planning executive’s appointment
(1) The Executive may suspend the chief planning executive from
duty—
(a) for misbehaviour; or
(b) for physical or mental incapacity, if the incapacity affects the
exercise of the chief planning executive’s functions; or
(c) if the chief planning executive is convicted, in Australia or
elsewhere, of an offence punishable by imprisonment for at least 1
year.
(2) The Minister must present to the Legislative Assembly a statement of
the reasons for the suspension on the first sitting day after the day the chief
planning executive is suspended.
(3) If, within 7 sitting days after the day the statement is presented,
the Legislative Assembly resolves to require the Executive to end the chief
planning executive’s appointment, the Executive must end the chief
planning executive’s appointment.
(4) The chief planning executive’s suspension ends—
(a) if the Minister does not comply with subsection (2)—at the end
of the day the Minister should have presented to the Legislative Assembly the
statement mentioned in that subsection; or
(b) if the Assembly does not pass a resolution mentioned in subsection (3)
within the 7 sitting days—at the end of the 7th sitting
day.
(5) The chief planning executive is entitled to be paid salary and
allowances while suspended.
Note An appointment also ends if the appointee resigns (see
Legislation Act 2001, s 210).
Part
2.5 Authority staff and
consultants
The staff of the authority are to be employed under the Public Sector
Management Act 1994.
Note The Public Sector Management Act 1994, s 24 provides
that the chief executive officer of an instrumentality has all the powers of a
chief executive under the Act in relation to staff members who are public
servants. Under that Act, s 3, def of chief executive officer,
the chief executive officer of an instrumentality is the person who has
responsibility for managing its affairs.
(1) The authority may engage consultants.
(2) However, the authority must not enter into a contract of employment
under this section.
Part
3.1 Establishment, constitution and
functions
24 Establishment
of council
The Planning and Land Council is established.
25 Constitution
of council
(1) The council consists of—
(a) a chairperson; and
(b) a deputy chairperson; and
(c) at least 3, and not more than 5, other members.
(2) The following must not be appointed under subsection (1):
(a) the chief planning executive;
(b) a member of the authority staff;
(c) the chief executive officer.
(3) The council deputy chairperson acts in the position of council
chairperson—
(a) during all vacancies in the position; and
(b) during all periods when the council chairperson cannot for any reason
exercise the functions of the position.
Note The Legislation Act 2001, div 19.3.2, deals with acting
appointments
(1) The council must give advice on matters arising under this Act if
asked by the Minister or the authority.
(2) The council may exercise any other function given to the council under
this Act or another Territory law.
Note A provision of a law that gives an entity (including a
person) a function also gives the entity powers necessary and convenient to
exercise the function (see Legislation Act 2001, s 196 and dict, pt 1,
def of entity).
Part
3.2 Council
membership
(1) The Minister may appoint the council members.
Note 1 For the making of appointments generally, see Legislation
Act 2001, div 19.3.
Note 2 Certain statutory appointments made by a Minister require
consultation with a Legislative Assembly committee and are disallowable (see
Legislation Act 2001, div 19.3.3).
Note 3 A power to appoint a person to a position includes power to
appoint a person to act in the position (see Legislation Act 2001,
s 209).
(2) The Minister must try to ensure that the following disciplines and
areas of expertise are represented among the members appointed:
(a) urban economics;
(b) community and social planning;
(c) urban and regional planning;
(d) environmental management;
(e) land development;
(f) public policy or public law;
(g) urban design;
(h) transport planning;
(i) public administration.
(3) An appointment must be for a term of not longer than 4
years.
Note A person may be reappointed to a position if the person is
eligible to be appointed to the position (see Legislation Act 2001,
s 208 and dict , pt 1, def of appoint).
28 Ending
of council members’ appointments
The Minister may end the appointment of a council member—
(a) for misbehaviour; or
(b) physical or mental incapacity, if the incapacity affects the exercise
of the member’s functions; or
(c) if the member—
(i) becomes bankrupt, applies to take the benefit of a law for the relief
of bankrupt or insolvent debtors, compounds with his or her creditors or makes
an assignment of remuneration for their benefit; or
(ii) is absent, other than on leave approved by the Minister, from 3
consecutive meetings of the council; or
(iii) contravenes section 35 (Disclosure of interests by council members)
without reasonable excuse; or
(iv) commits, in Australia or elsewhere, an offence punishable by
imprisonment for at least 1 year; or
(d) if the Minister is satisfied that the member’s ability to
function as a council member is affected by an interest disclosed under section
35.
Note The appointment of a member also ends if the member resigns
(see Legislation Act 2001, s 210).
29 Calling
council meetings
(1) The council is to meet at the times and places the council chairperson
decides.
(2) The council chairperson must ensure that council members have
reasonable notice of meetings.
(3) The council chairperson must ensure that, as far as practicable, the
council meets at least monthly.
(1) The council chairperson presides at meetings of the council.
(2) The council may decide its own procedure in relation to anything for
which a procedure is not provided under this Act.
(3) If all the council members agree, a meeting may be held by means of a
method of communication, or a combination of methods of communication, that
allows the members taking part to hear what each other member says without being
in each other’s presence.
(4) A council member who takes part in a meeting conducted under
subsection (3) is taken, for all purposes, to be present at the
meeting.
A resolution is a valid resolution of the council, even if it was not
passed at a meeting of the council, if—
(a) notice of the resolution is given under procedures decided by the
council; and
(b) all council members agree, in writing, to the proposed
resolution.
32 Minimum
number for council meetings
Business may be carried on at a council meeting only if at least
4 council members are present.
33 Voting
at council meetings
(1) Questions arising at a council meeting may be decided by a majority of
the votes of the council members present and voting.
(2) If the votes of council members on a question are equally divided, the
decision of the council chairperson is the decision of the council on the
question.
34 Minutes
of council proceedings
(1) The council must keep minutes of its proceedings.
(2) At a council meeting the council chairperson must ensure that the
council considers the minutes of its last meeting.
35 Disclosure
of interests by council members
(1) A council member who has a relevant interest in an issue being
considered, or about to be considered, by the council must, as soon as
practicable after the relevant facts have come to the council member’s
knowledge, disclose the nature of the interest at a meeting of the
council.
(2) The disclosure must be recorded in the council’s minutes and,
unless the council otherwise decides, the council member must
not—
(a) be present when the council considers the issue; or
(b) take part in a decision of the council on the issue.
(3) Any other council member who also has a relevant interest in the issue
must not—
(a) be present when the council is considering its decision under
subsection (2); or
(b) take part in the decision.
(4) In this section:
relevant interest, in an issue, means—
(a) a direct or indirect financial interest in the issue; or
(b) a direct or indirect interest of any other kind if the interest could
conflict with the proper exercise of the council member’s functions in
relation to the council’s consideration of the issue.
36 Reporting
of disclosed interests to Minister
(1) Within 10 days after the disclosure of an interest under
section 35 (1), the council chairperson must report to the Minister in
writing about—
(a) the disclosure; and
(b) the nature of the interest disclosed; and
(c) any decision by the council under section 35 (2).
(2) The council chairperson must give to the Minister, by 31 July in each
year, a statement that sets out the information given to the Minister in reports
under subsection (1) that relate to disclosures made during the previous
financial year.
(3) The Minister must give a copy of the statement to the relevant
committee of the Legislative Assembly within 14 days after the day the Minister
receives the statement.
(4) In this section:
relevant committee means—
(a) a standing committee of the Legislative Assembly nominated by the
Speaker for subsection (3); or
(b) if no nomination under paragraph (a) is in effect—the standing
committee of the Legislative Assembly responsible for public
accounts.
Chapter
4 The land
agency
Part
4.1 Establishment and functions of
land agency
37 Establishment
of land agency
(1) The Land Development Agency (the land agency) is
established.
(2) The land agency—
(a) is a corporation; and
(b) must have a seal.
38 Functions
of land agency
(1) The land agency has the following functions:
(a) to develop land;
(b) to carry out works for the development and enhancement of
land;
(c) to carry out strategic or complex urban development
projects.
(2) The land agency may exercise any other function given to the land
agency under this Act or another Territory law.
(3) The land agency may exercise its functions—
(a) alone; or
(b) through subsidiaries, joint ventures or trusts; or
(c) by holding shares in, or other securities of, corporations.
(4) The land agency must exercise its functions—
(a) in accordance with the urban management objectives set out in the
Territory plan; and
(b) in accordance with sound business practice; and
(c) if a business plan has been accepted by the Minister—so as to
give effect to the latest plan accepted by the Minister.
Note 1 For business plans, see div 4.2.2 (Land agency business
plans).
Note 2 A provision of a law that gives an entity (including a
person) a function also gives the entity powers necessary and convenient to
exercise the function (see Legislation Act 2001, s 196 and dict, pt 1,
def of entity).
39 Land
agency functions to be exercised in accordance with
directions
The land agency must comply with directions given to the land agency under
this Act or another Territory law.
Note The land agency may be given directions under s 51.
40 Limitations
on land agency’s formation of corporations
(1) The land agency must not do any of the following without the
Executive’s prior written approval:
(a) subscribing for, or purchasing shares in, or debentures or other
securities of, a corporation;
(b) forming, or taking part in the formation of, a corporation.
(2) An approval under subsection (1)—
(a) must relate only to a particular corporation or proposed corporation;
and
(b) may be given subject to the conditions or restrictions stated in the
approval.
(3) If the land agency does something mentioned in subsection (1), the
land agency must promptly tell the Minister about it.
(4) The Minister must—
(a) prepare a written statement setting out details of, and reasons for,
the land agency’s action; and
(b) present the statement to the Legislative Assembly within
6 sitting days after the day the Minister is told of the act.
(5) A statement need not include any material that is commercially
sensitive.
(6) However, if commercially sensitive information is not included in the
statement, the Minister must, when presenting the statement, also present to the
Legislative Assembly a further statement setting out the general nature of the
information and the reason for its non-inclusion in the statement.
41 Limitations
on land agency’s participation in joint ventures and
trusts
(1) The land agency must not take part in a joint venture or trust without
the Executive’s prior written approval.
(2) An approval under subsection (1)—
(a) may apply generally or may relate to a particular proposed joint
venture or trust; and
(b) may be given subject to the conditions or restrictions stated in the
approval.
(3) If the land agency enters into an agreement for a joint venture or
trust, the land agency must promptly tell the Minister about the
agreement.
(4) The Minister must—
(a) prepare a written statement setting out details of, and reasons for,
the agreement; and
(b) present the statement to the Legislative Assembly within
6 sitting days after the day the Minister is told about the agreement under
subsection (3).
(5) A statement need not include any material that is commercially
sensitive.
(6) However, if commercially sensitive information is not included in the
statement, the Minister must, when presenting the statement, also present to the
Legislative Assembly a further statement setting out the general nature of the
information and the reason for its non-inclusion in the statement.
42 Corporations,
joint ventures and trusts in which land agency has an
interest
(1) If the land agency has a controlling interest in a corporation, joint
venture or trust, the agency must ensure that—
(a) the auditor-general is appointed auditor for the corporation, joint
venture or trust; and
(b) the corporation or joint venture, or a trustee for the trust, does not
do anything that the agency itself may not do.
(2) If the land agency has an interest, other than a controlling interest,
in a corporation, joint venture or trust, the land agency must try to ensure
that the auditor-general is appointed auditor for the corporation, joint venture
or trust.
Note The Auditor-General Act 1996, s 14 (Power to obtain
information) enables the auditor-general to direct a person, in connection with
the auditor-general’s functions, to give to the auditor-general
information and documents.
(3) In this section—
controlling interest—see the Auditor-General Act
1996, section 5.
Part
4.2 Management of land
agency
Division
4.2.1 Introductory
concepts
43 Meaning
of business plan for pt 4.2
For this part, a business plan is a document that complies
with section 44.
Division
4.2.2 Land agency business
plans
44 Contents
of land agency business plans
(1) A land agency business plan for a financial year must
contain—
(a) a copy of the statement of intent; and
(b) a description of the major undertakings that the land agency is likely
to be involved in during the financial year and the next 2 financial years;
and
(c) a description of the land agency’s business strategies, and
proposed business strategies, for the financial year and the next 2 financial
years; and
(d) any other information or material that—
(i) the Minister has asked the land agency, in writing, to include in the
business plan; or
(ii) is prescribed under the regulations.
(2) For this section:
statement of intent, for a financial year, means the
statement of intent for the year provided under the Financial Management Act
1996, section 58 (Statements of intent).
45 Preparation,
acceptance and presentation of business plans
(1) The regulations may prescribe how, and when, a business
plan—
(a) is developed or varied; and
(b) is accepted by the Minister.
(2) A business plan accepted by the Minister must be presented to the
Legislative Assembly within 5 sitting days after the day of
acceptance.
Division
4.2.3 Land agency financial
provisions
46 Proceeds
of lease sale
Consideration received by the land agency for the sale of a lease of land
is income of the land agency.
47 Payment
of funds to Territory
(1) The Treasurer may, in writing, direct the land agency to pay to the
Territory—
(a) the amount stated in the direction; or
(b) an amount calculated in the way stated in the direction.
(2) The Treasurer may also direct the land agency, in a direction under
subsection (1) or another instrument, about—
(a) how payment is to be made; and
(b) when payment is to be made; and
(c) the conditions relating to payment.
(3) In giving a direction under subsection (1), the Treasurer must have
regard to—
(a) the land agency’s assets and liabilities; and
(b) the land agency’s income and expenditure; and
(c) the land agency’s ability to exercise its functions;
and
(d) the requirement that the Territory obtain a reasonable return from the
development and disposal of land.
48 Liability
for Territory taxes
This Act does not exempt the land agency from liability for a tax under any
other Territory law.
49 Guarantees
by land agency
(1) The land agency must not give a guarantee for the payment of money or
the performance of an obligation without the Treasurer’s prior written
approval.
(2) The Treasurer’s approval may be subject to conditions stated in
the approval.
50 Land
agency to give information to Ministers
(1) The land agency must give the Minister or the Treasurer the
information about its operations required by the Minister or the
Treasurer.
(2) The land agency must tell the Minister promptly about any development
that, in the land agency’s view, may significantly affect—
(a) an objective set out in a statement of intent that is part of the
latest business plan accepted by the Minister; or
Note For the acceptance of a business plan by the Minister, see s 45
(Preparation, acceptance and presentation of business plans).
(b) the financial viability or operating ability of the land agency or a
corporation, joint venture or trust in which the land agency has an
interest.
(3) For this section:
statement of intent—see section 44 (Contents of land
agency business plans).
51 Ministerial
directions to land agency
(1) The Minister may give written directions to the land
agency—
(a) about the general policies the land agency should follow; or
(b) the principles that are to govern the exercise of its
functions.
(2) Before giving a direction, the Minister must—
(a) tell the land agency about the proposed direction; and
(b) give the land agency reasonable opportunity to comment on the proposed
direction; and
(c) consider any comments made by the land agency.
(3) A direction is a notifiable instrument.
Note A notifiable instrument must be notified under the
Legislation Act 2001.
(4) A direction must be notified under the Legislation Act 2001
within 14 days after the day it is made.
(5) If subsection (4) is not complied with, the direction is taken to have
been revoked at the end of the 14 days.
52 Territory
to compensate land agency for cost of complying with
directions
(1) The Territory must pay to the land agency the reasonable net cost of
complying with a direction under section 51.
(2) The amount payable under subsection (1) is the amount agreed between
the land agency and the Treasurer or, failing agreement, the amount decided by
the Chief Minister.
(1) The land agency board—
(a) must establish an audit committee; and
(b) may establish any other committee; and
(c) may appoint land agency board members and other people to
committees.
(2) However, the chief executive officer must not be appointed a member of
the audit committee.
(3) Also, the chairperson of the audit committee must be a land agency
board member.
(4) The procedures of a committee are decided by the land agency board or,
if there is no relevant decision of the board, by the committee.
54 Land
agency’s annual report
The report presented, or information given, by the land agency under the
Annual Reports (Government Agencies) Act 1995, section 8 must
include, for the reporting period to which the report or information
relates—
(a) a copy of any direction given under section 51 (Ministerial directions
to land agency) during the period; and
(b) a statement by the land agency about action taken during the period to
give effect to any direction given (whether before or during the period) under
that section.
55 Delegation
by land agency
The land agency may delegate its functions, including functions delegated
to it by the authority, to the chief executive officer.
Note For the making of delegations and the exercise of delegated
functions, see Legislation Act 2001, pt 19.4.
Part
4.3 Membership of land agency and its
board
56 Constitution
of land agency
The land agency consists of the land agency board.
(1) The land agency board consists of—
(a) a chairperson; and
(b) a deputy chairperson; and
(c) at least 3, and not more than 5, other members.
(2) The following must not be appointed under subsection (1):
(a) the chief planning executive;
(b) a member of the authority staff;
(c) the chief executive officer.
(3) The land agency deputy chairperson acts in the position of land agency
chairperson—
(a) during all vacancies in the position; and
(b) during all periods when the land agency chairperson cannot for any
reason exercise the functions of the position.
Note The Legislation Act 2001, div 19.3.2, deals with acting
appointments.
58 Appointment
of land agency board members
(1) The Minister may appoint the land agency board members.
Note 1 For the making of appointments generally, see Legislation
Act 2001, div 19.3.
Note 2 Certain statutory appointments made by a Minister require
consultation with a Legislative Assembly committee and are disallowable (see
Legislation Act 2001, div 19.3.3).
Note 3 A power to appoint a person to a position includes power to
appoint a person to act in the position (see Legislation Act 2001,
s 209).
Note 4 A power to appoint a person for an Act includes a power to
appoint a person for a particular provision of the Act (see Legislation
Act 2001, s 7).
(2) The Minister must try to ensure that the following disciplines and
areas of expertise are represented among the members appointed:
(a) land development;
(b) economics;
(c) public law;
(d) finance or accounting;
(e) public administration.
(3) An appointment must be for a term of not longer than 4
years.
Note A person may be reappointed to a position if the person is
eligible to be appointed to the position (see Legislation Act 2001,
s 208 and dict , pt 1, def of appoint).
59 Honesty,
care and diligence of land agency board members
In exercising the functions of land agency board member, a land agency
board member must exercise the degree of honesty, care and diligence required to
be exercised by a director of a corporation in relation to the affairs of the
corporation.
60 Ending
of land agency board members’ appointments
The Minister may end the appointment of a land agency board
member—
(a) for misbehaviour; or
(b) physical or mental incapacity, if the incapacity affects the exercise
of the member’s functions; or
(c) if the member—
(i) becomes bankrupt, applies to take the benefit of a law for the relief
of bankrupt or insolvent debtors, compounds with his or her creditors or makes
an assignment of remuneration for their benefit; or
(ii) is absent, other than on leave approved by the Minister, from 3
consecutive meetings of the land agency board; or
(iii) contravenes section 59 or section 67 (Disclosure of interests by
land agency board members); or
(iv) is convicted, in Australia or elsewhere, of an offence punishable by
imprisonment for at least 1 year; or
(d) if the Minister is satisfied that the member’s ability to
exercise functions as a land agency board member is affected by an interest
disclosed under section 67.
Note An appointment also ends if the appointee resigns (see
Legislation Act 2001, s 210).
Part
4.4 Meetings of land agency
board
61 Calling
land agency board meetings
(1) The land agency board is to meet at the times and places the land
agency chairperson decides.
(2) The land agency chairperson must ensure that land agency board members
have reasonable notice of meetings.
(3) The land agency chairperson must ensure that, as far as practicable,
the land agency board meets at least monthly.
62 Procedure
at land agency board meetings
(1) The land agency chairperson presides at meetings of the land agency
board at which the chairperson is present.
(2) The land agency board may decide its own procedure in relation to
anything for which a procedure is not provided under this Act.
(3) If all the land agency board members agree, a meeting may be held by
means of a method of communication, or a combination of methods of
communication, that allows the members taking part to hear what each other
member says without being in each other’s presence.
(4) A land agency board member who takes part in a meeting conducted under
subsection (3) is taken, for all purposes, to be present at the
meeting.
63 Land
agency board resolutions
A resolution is a valid resolution of the land agency board, even if it was
not passed at a meeting of the board, if—
(a) notice of the resolution is given under procedures decided by the
board; and
(b) all board members agree, in writing, to the proposed
resolution.
64 Minimum
number for land agency board meetings
Business may be carried on at a land agency board meeting only if at least
4 land agency board members are present.
65 Voting
at land agency board meetings
(1) Questions arising at a land agency board meeting may be decided by a
majority of the votes of the land agency board members present and
voting.
(2) If the votes of land agency board members on a question are equally
divided, the decision of the chairperson is the decision of the land agency
board on the question.
66 Minutes
of land agency board proceedings
(1) The land agency must keep minutes of its proceedings.
(2) At a land agency board meeting the land agency chairperson must ensure
that the land agency board considers the minutes of its last meeting.
67 Disclosure
of interests by land agency board members
(1) A land agency board member who has a relevant interest in an issue
being considered, or about to be considered, by the land agency must, as soon as
practicable after the relevant facts have come to the member’s knowledge,
disclose the nature of the interest at a meeting of the land agency.
(2) The disclosure must be recorded in the land agency board’s
minutes and, unless the land agency board otherwise decides, the land agency
board member must not—
(a) be present when the land agency considers the issue; or
(b) take part in a decision of the land agency on the issue.
(3) Any other land agency board member who also has a relevant interest in
the issue must not—
(a) be present when the land agency board is considering its decision
under subsection (2); or
(b) take part in the decision.
(4) For this section:
relevant interest, in an issue, means—
(a) a direct or indirect financial interest in the issue; or
(b) a direct or indirect interest of any other kind if the interest could
conflict with the proper exercise of the member’s functions in relation to
the land agency’s consideration of the issue.
68 Reporting
of disclosed interests to Minister
(1) Within 10 days after the disclosure of an interest under
section 67 (1), the land agency chairperson must report to the
Minister in writing about—
(a) the disclosure; and
(b) the nature of the interest disclosed; and
(c) any decision by the land agency board under section 67 (2).
(2) The land agency chairperson must give to the Minister, by 31 July in
each year, a statement that sets out the information given to the Minister in
reports under subsection (1) that relate to disclosures made during the previous
financial year.
(3) The Minister must give a copy of the statement to the relevant
committee of the Legislative Assembly within 14 days after the day the Minister
receives the statement.
(4) In this section:
relevant committee means—
(a) a standing committee of the Legislative Assembly nominated by the
Speaker for subsection (3); or
(b) if no nomination under paragraph (a) is in effect—the standing
committee of the Legislative Assembly responsible for public
accounts.
Part
4.5 Land agency chief executive
officer, staff and consultants
Division
4.5.1 Land agency chief executive
officer
69 Appointment
of chief executive officer
(1) The land agency must appoint a person to be the chief executive
officer.
Note For the making of appointments (including acting
appointments), see Legislation Act 2001, div 18.3.
(2) The chief executive officer’s conditions of appointment are the
conditions agreed between the land agency and the chief executive officer,
subject to any determination under the Remuneration Tribunal Act
1995.
(3) The land agency may enter into an agreement mentioned in subsection
(2) only after consulting the Minister.
(4) The land agency may end the chief executive’s appointment only
after consulting the Minister.
70 Functions
of chief executive officer
(1) The chief executive officer must manage the land agency’s
affairs on behalf of the land agency.
(2) The chief executive officer also has any other function given to chief
executive officer by the land agency board.
(3) The chief executive officer must exercise the chief executive
officer’s functions in accordance with any direction given by the land
agency board.
Division
4.5.2 Land agency staff and
consultants
The staff of the land agency are employed under the Public Sector
Management Act 1994.
Note The Public Sector Management Act 1994, s 24 provides
that the chief executive officer of an instrumentality has all the powers of a
chief executive under the Act in relation to staff members who are public
servants. Under that Act, s 3, def of chief executive officer,
the chief executive officer of an instrumentality is the person who has
responsibility for managing its affairs.
72 Land
agency consultants
(1) The land agency may engage consultants.
(2) However, the land agency must not enter into a contract of employment
under this section.
73 Meaning
of sustainable development
For this Act:
sustainable development means the effective integration of
social, economic and environmental considerations in decision-making processes,
achievable through implementation of the following principles:
(a) the precautionary principle;
(b) the inter-generational equity principle;
(c) conservation of biological diversity and ecological
integrity;
(d) appropriate valuation and pricing of environmental
resources.
the inter-generational equity principle means that the
present generation should ensure that the health, diversity and productivity of
the environment is maintained or enhanced for the benefit of future
generations.
the precautionary principle means that, if there is a threat
of serious or irreversible environmental damage, a lack of full scientific
certainty should not be used as a reason for postponing measures to prevent
environmental degradation.
(1) An official must not, dishonestly and with improper
intention—
(a) exercise a function or an influence that the official has because of
the official’s position; or
(b) fail to exercise a function that the official has because of the
official’s position; or
(c) use information gained because of the official’s
position.
Maximum penalty: imprisonment for 5 years.
(2) For subsection (1), an official has an improper intention if the
official intends—
(a) to obtain a benefit for the official or somebody else; or
(b) to cause a detriment to somebody else.
(3) In this section:
official means—
(a) the chief planning executive; or
(b) a council member; or
(c) a land agency board member.
position, in relation to an official, means the position held
by the official under this Act.
(1) The Minister must review the operation and effectiveness of this Act
as soon as practicable after 31 December 2007.
(2) The Minister must ensure that, during the review, regard is had
to—
(a) the effectiveness of the operations of the entities established by
this Act; and
(b) the need for the continuation of the existence of each entity;
and
(c) the need for the continuation of this Act.
(3) The Minister must also consider anything else that seems to the
Minister to be relevant to the operation and effectiveness of this
Act.
(4) The Minister must prepare a report based on the review and must, as
soon as practicable, present a copy to the Legislative Assembly.
(5) This section expires on 31 December 2008.
76 Regulation-making
power
The Executive may make regulations for this Act.
Note Regulations must be notified, and presented to the Legislative
Assembly, under the Legislation Act 2001.
(see s 3)
Note 1 The Legislation Act 2001 contains definitions and
other provisions relevant to this Act.
Note 2 In particular, the Legislation Act 2001, dict, pt 1,
defines the following terms:
• commissioner for revenue
• corporation
• function
• person
• Territory plan.
authority means the Planning and Land Authority established
under section 6 (1).
business plan, for part 4.2 (Management of land
agency)—see section 43 (Meaning of business plan for pt
4.2).
chief executive officer, for the land agency, means the
person appointed under section 69.
chief planning executive—see section 18 (Appointment of
chief planning executive).
council means the Planning and Land Council established under
section 24 (Establishment of council).
council chairperson means the council member mentioned in
section 25 (1) (a).
council deputy chairperson means the council member mentioned
in section 25 (1) (b).
council member means a person mentioned in section 25 (1)
(Constitution of council).
development—see the Land (Planning and Environment)
Act 1991, section 222 (Interpretation for pt 6).
joint venture includes partnership and arrangement for
sharing profit.
land agency—see section 37 (1).
land agency board means the board mentioned in section
57.
land agency board member means a person mentioned in
section 57 (1).
land agency chairperson means the person mentioned in
section 57 (1) (a).
land agency deputy chairperson means the person mentioned in
section 57 (1) (b).
statement of planning intent—see section 13 (Statement
of planning intent).
sustainable development—see section 73 (Meaning
of sustainable development).
tax includes duty, fee or charge.
© Australian Capital Territory
2002
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