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This is a Bill, not an Act. For current law, see the Acts databases.
2016
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Planning and Land Management)
Contents
Page
2016
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Planning and Land Management)
Planning, Building and Environment Legislation Amendment Bill 2016
A Bill for
An Act to amend legislation about planning, building and the environment, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Planning, Building and Environment Legislation Amendment Act 2016
.
(1) This Act (other than sections 20 and 21) commence on the day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
(2) Sections 20 and 21 commence on 1 September 2019.
This Act amends the following legislation:
•
•
•
•
•
•
•
•
•
•
•
•
.
(1) This Act repeals the Utilities (Electricity Transmission) Regulation 2006
(SL2006-7).
(2) All other legislative instruments under the Utilities (Electricity Transmission) Regulation 2006
are repealed.
in division 7.1, insert
69A Delegation by board
The board may delegate to the registrar the function to renew the registration of an architect in the following circumstances:
(a) in the 12 months before the architect applies for the renewal—
(i) no relevant circumstance under section 9 (4) relates to the architect; and
(ii) the board has not received a complaint against the architect; and
(iii) no disciplinary action has been taken, or is pending, against the architect;
(b) the architect’s registration is not subject to a condition.
Note For the making of delegations and the exercise of delegated
functions, see the
, pt 19.4.
Part 3 Building and Construction Industry (Security of Payment) Act 2009
insert
33A Suspension, cancellation or withdrawal of authorisation
(1) The Minister may suspend for up to 12 months, or cancel, a nominating authority’s authorisation if the Minister is satisfied on reasonable grounds—
(a) the nominating authority has contravened this Act; or
Note 1 A reference to an Act includes a reference to statutory instruments made or in force under the Act, including a regulation and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act
, s 104).
Note 2 A reference to an entity includes a reference to a person exercising a function of the entity (see Legislation Act
, s 184A and dict, pt 1, def entity).
(b) the nominating authority is no longer suitable for authorisation, having regard to the matters listed in section 32 (1) (Nominating authority—suitability).
(2) If the nominating authority has contravened this Act, before deciding to suspend or cancel a nominating authority’s authorisation, the Minister must have regard to—
(a) the extent to which the nominating authority, or a person engaged or employed by the nominating authority, is responsible for the contravention; and
(b) the impact of the contravention on 1 or more of the following:
(i) the rights or entitlements of a person under this Act;
(ii) the integrity of the adjudication process under this Act;
(iii) any adjudication process undertaken by the nominating authority.
(3) If the Minister is satisfied the nominating authority’s authorisation should be suspended or cancelled, the Minister must, in writing—
(a) tell the nominating authority that the Minister intends to suspend or cancel the authorisation; and
(b) give the nominating authority reasons for the suspension or cancellation; and
(c) give the nominating authority at least 14 days after the notice is given to the nominating authority to make representations to the Minister about the matter.
(4) The Minister must consider any representations made by the nominating authority within the time set out in the notice before making a decision to suspend or cancel the nominating authority’s authorisation.
(5) The Minister may withdraw authorisation if the Minister is satisfied on reasonable grounds that information given to the Minister by the nominating authority in relation to the nominating authority’s suitability for authorisation was false or misleading.
7 Reviewable
decisions
Schedule 1, new items 2 and 3
insert
1
|
33A (1)
|
suspension or cancellation of authorisation
|
nominating authority
|
2
|
33A (5)
|
withdrawal of authorisation
|
nominating authority
|
Part 4 Electricity Safety Act 1971
8 Testing and reporting of electrical
work
Section 6 (1) (b)
substitute
(b) within 14 days after the day the test is carried out, the person does not give a report of the test to—
(i) the construction occupations registrar; and
(ii) the owner of the installation for which the work was done.
Note If a form is approved under s 65 for this provision, the form
must be used.
Part 5 Environment Protection Act 1997
9 Definitions for sch
2
Schedule 2, section 2.1, new definition of AS/NZS
4012
insert
AS/NZS 4012 means AS/NZS 4012 (Domestic solid fuel burning appliances—Method for determination of power output and efficiency) as in force from time to time.
Note AS/NZS 4012 may be purchased at www.standards.org.au
.
10 Schedule 2, section 2.1, definition of solid fuel-burning equipment
omit
AS/NZS 4013 applies
substitute
AS/NZS 4012 or AS/NZS 4013 apply
11 Schedule 2, new section 2.1 (2)
insert
(2) The
, section 47 (6) does not apply to the following:
(a) AS/NZS 4012;
(b) AS/NZS 4013.
Note The text of an applied, adopted or incorporated 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)).
12 Sale of solid fuel-burning
equipment
Schedule 2, section 2.4 (1) (a) and (b)
substitute
(a) a certificate of compliance under subsection (3) has been issued in relation to equipment of the same type by an entity authorised by the authority, in writing, for this paragraph; and
(b) the equipment—
(i) complies with AS/NZS 4012, other than the required overall efficiency for the equipment; and
(ii) in accordance with the test procedure set out in AS/NZS 4012, has an overall efficiency of not less than the prescribed amount; and
(c) the equipment—
(i) complies with AS/NZS 4013, other than the required appliance particulate emission factor; and
(ii) in accordance with the test procedure set out in AS/NZS 4013, has an appliance particulate emission factor of not more than the prescribed amount.
13 Schedule 2, section 2.4 (3)
substitute
(3) For subsection (1) (a), a certificate of compliance, in relation to solid fuel-burning equipment of a particular type, must state that—
(a) in accordance with the test procedure set out in AS/NZS 4012, the equipment has an overall efficiency of not less than the prescribed amount; and
(b) in accordance with the test procedure set out in AS/NZS 4013, the equipment has an appliance particulate emission factor of not more than the prescribed amount.
14 Schedule 2, section 2.4 (4)
omit
subsection (1) (b)
substitute
subsection (1) (a)
15 Interference with solid fuel-burning
equipment or attached plates
Schedule 2, section 2.5 (1)
omit
in accordance with AS/NZS 4013, section 10
substitute
in accordance with—
(a) AS/NZS 4012, section 8; or
(b) AS/NZS 4013, section 10
16 Schedule 2, new section 2.5 (1A)
insert
(1A) A person must not mark on solid fuel burning equipment that the equipment complies with 1 or both of the following standards if the equipment does not comply with the standard:
(a) AS/NZS 4012 (other than the required overall efficiency for the equipment);
(b) AS/NZS 4013 (other than the required appliance particulate emission factor).
17 Schedule 2, section 2.5 (4)
omit
subsection (1) or
substitute
subsection (1), (1A) or
18 Dictionary, new definition of AS/NZS 4012
insert
AS/NZS 4012, for schedule 2 (Specific offences)—see
schedule 2, section 2.1.
Part 6 Environment Protection Regulation 2005
insert
Division 2.4A Solid fuel-burning equipment
14B Minimum overall efficiency—Act, sch 2, s 2.4 (1)
The prescribed minimum overall efficiency is 55%.
14C Maximum appliance particulate emission factor—Act, sch 2, s 2.4 (1)
The prescribed maximum appliance particulate emission factor is—
(a) for a heater without a catalytic combustor—2.5g/kg; and
(b) for a heater with a catalytic combustor—1.4g/kg.
20 Minimum overall
efficiency—Act, s 2.4
Section 14B
omit
55%
substitute
60%
21 Maximum appliance particulate
emission factor—Act, s 2.4
Section 14C, paragraphs (a) and
(b)
substitute
(a) for a heater without a catalytic combustor—1.5g/kg; and
(b) for a heater with a catalytic combustor—0.8g/kg.
22 Storage and use of certain agvet
chemical products
New section 55 (2A)
insert
(2A) Subsection (2) (b) does not apply to a person if the person is a veterinary surgeon, or another person following instructions issued by a veterinary surgeon, acting in the course of treating an animal under the veterinary surgeon’s care.
Note Veterinary surgeon—see the Legislation Act
, dictionary, pt 1.
insert
• veterinary surgeon
24 Meaning of heritage
significance
Section 10 (c)
before
information
insert
important
25 Public consultation about heritage
guidelines
Section 26 (2)
omit
insert
(4A) The council may give public notice to extend the consultation period (an extension notice).
Note 1 Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act
, dict, pt 1).
Note 2 The council may extend the consultation period after it has
ended (see
, s 151C).
insert
(7) The following are notifiable instruments:
(a) the consultation notice;
(b) any extension notice.
Note A notifiable instrument must be notified under the Legislation Act
.
28 Request for urgent provisional
registration
New section 30 (2) (d)
before the examples, insert
(d) must explain the circumstances that require an urgent decision to be made.
insert
(c) the council is satisfied an urgent decision must be made because—
(i) if the heritage council believes on reasonable grounds that the place or object is likely to have heritage significance—1 or more of the following is reasonably likely to occur if the decision is not made:
(A) the likely heritage significance of the place or object will be diminished or damaged;
(B) if a development application applies to the place or object—approval of the development proposal will authorise action that will diminish or damage the place or object; or
(ii) the heritage council believes on reasonable grounds that the application is reasonable in the circumstances.
omit
as if the place or object was a nominated place or object
31 Notice of decision about provisional
registration
Section 34 (5)
substitute
(5) The notice must include—
(a) for a decision to provisionally register the place or object—the following:
(i) the registration details of the place or object;
(ii) the council’s reasons for its decision;
(iii) the date of provisional registration;
(iv) an indication of the council’s intention to decide whether to register the place or object under division 6.2; and
(b) for a decision not to provisionally register the place or object—the following:
(i) the name of the place or object;
(ii) the location or address of the place or object;
(iii) a description of the place or object, including (if relevant) its extent or boundary;
(iv) the council’s reasons for its decision, including an assessment of the place or object against the heritage significance criteria;
(v) the date the decision takes effect.
32 Public consultation about
registration of place or object
New section 37 (1A) and (1B)
insert
(1A) The council may give public notice (an extension notice) to extend the public consultation period.
Note 1 Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act
, dict, pt 1).
Note 2 The council may extend the public consultation period after it
has ended (see
, s 151C).
(1B) An extension notice is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
33 Public consultation about
cancellation proposal
New section 46 (1A) and (1B)
insert
(1A) The council may give public notice to extend the consultation period (an extension notice).
Note 1 Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act
, dict, pt 1).
Note 2 The council may extend the consultation period after it has
ended (see
, s 151C).
(1B) An extension notice is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
substitute
57 Limited access to restricted information
(1) This section applies if a person applies to access restricted information.
(2) The council must give the applicant the restricted information—
(a) if land is offered for sale; and
(b) the applicant is an interested person for the land, or someone considering buying an interest in the land; and
(c) the restricted information is relevant to the conservation and use of the land.
(3) The council may give the applicant the restricted information if—
(a) the council is satisfied on reasonable grounds that the release of the information will not diminish the heritage significance of a place or object, or damage an Aboriginal place or object; and
(b) the applicant satisfies the council that the applicant will use the information for 1 or more of the following:
(i) academic research in connection with a recognised tertiary institution;
(ii) as a consultant or researcher engaged by an interested person in connection with planning, land management, or a development proposal;
(iii) to assess heritage significance;
(iv) to assess whether proposed conduct will diminish the heritage significance of a place or object, or damage an Aboriginal place or object.
Note 1 If a form is approved under s 119 for an application, the form must be used.
Note 2 A fee may be determined under s 120 for this provision.
Note 3 Interested person—see s 13.
(4) If the council gives a person restricted information the council must, at the same time, give the person a written explanation about the operation of this part.
35 Application to excavate
Section 61E (1)
omit
excavation work
substitute
archaeological excavation work
insert
(3) In this section:
archaeological excavation work means excavation undertaken—
(a) in a systematic way; and
(b) using archaeological methods; and
(c) to investigate the heritage significance of a place or object.
37 Permit to excavate
Section 61F (1)
omit
excavation work
substitute
archaeological excavation work
substitute
61J Application for approval of conservation management plan
(1) A person or entity responsible for a place or object with heritage significance, or an Aboriginal place or Aboriginal object, (a heritage site) may make an application to the council for approval of a conservation management plan for the heritage site.
(2) An application must—
(a) be in writing; and
(b) be given to the council; and
(c) include the following information:
(i) the applicant’s name and address;
(ii) the location or address of the heritage site;
(iii) any other matter prescribed by regulation; and
(d) attach the applicant’s conservation management plan.
Note 1 If a form is approved under s 119 for a conservation management plan, the form must be used.
Note 2 A fee may be determined under s 120 for this provision.
Note 3 Section 117 deals with giving documents to the council.
39 Heritage direction by council
Section 62 (2) (b)
after
owner
insert
or custodian
40 Conservation management plan
Section 110 (4) (c)
before
completion date
insert
new
insert
118B Council may ask for information about leases from commissioner for revenue
(1) The council may, in writing, ask the commissioner for revenue for the following information in relation to a lease:
(a) the lessee’s name;
(b) the lessee’s home address or other contact address.
Note 1 The Territory privacy principles apply to the council (see Information Privacy Act 2014
, sch 1).
Note 2 The council may ask the commissioner for information in
relation to more than 1 lease at a time. Words in the singular include the
plural (see
, s 145 (b)).
(2) The commissioner for revenue must disclose the information required in a request made in accordance with subsection (1).
Note See also the
, s 97 (c) for power to disclose the information.
(3) The council must not—
(a) make a request under subsection (1) in relation to a lease more often than—
(i) once every 3 months; or
(ii) if a regulation prescribes a longer period—once each period; and
(b) use the information provided by the commissioner for revenue about a lessee other than—
(i) for giving notice to the lessee under this Act; or
(ii) to take action under this Act which affects the lessee.
(4) Nothing in this section prevents the council from asking for information under section 118A.
(5) In this section:
lease—see the Planning and Development Act 2007
, section 235.
lessee—see the Planning and Development Act 2007
, section 234.
42 Reviewable
decisions
Schedule 1, item 2, column 2
omit
47
substitute
49
43 Dictionary, definition of conservation management plan
substitute
conservation management plan means a plan that—
(a) sets out the conservation measures that must be adopted for, and conditions on future use of, a place or object or Aboriginal place or object to conserve its heritage significance; and
(b) identifies any threat, or potential threat, to the heritage significance of the place or object or Aboriginal place or object, and sets out a plan for management of the threats; and
(c) includes the following information:
(i) a description of the place or object or Aboriginal place or object;
(ii) the history of the place or object or Aboriginal place or object;
(iii) details about the heritage significance of the place or object or Aboriginal place or object;
(iv) any other matter prescribed by regulation.
44 Further amendments, mentions of section 47
omit
section 47
substitute
section 49
in
• section 13 (1) (h)
• section 13 (2) (b)
• section 43 (3) (b)
• section 114A (1) (a)
• section 202 (c)
• dictionary, definition of heritage decision, paragraph (c).
45 Further amendments, mentions of comments
after
comments
insert
, in writing,
in
• section 13 (1) (g) and (h)
• section 26 (4) (c)
• section 37 (1)
• section 46 (1)
46 Further amendments, mentions of comments
before
comments
insert
written
in
• section 26 (6)
• section 26B (c) and (e)
• section 37 (2)
• section 38 (c) and (e)
• section 46 (2)
• section 47 (c) and (e)
Part 8 Nature Conservation Act 2014
47 Conservator—functions
Section 21 (4) (d), example and note
omit
48 Section 21 (4) (e), new example and note
insert
Example
kangaroo management plan
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
49 What is a controlled native
species?—ch 7
Section 157 (2) and example
substitute
(2) The Minister may declare a native species to be a controlled native species if satisfied that the species is having, or is likely to have, an unacceptable environmental, social or economic impact.
Example—unacceptable social impact
a threatened native species poses a serious threat to human health
substitute
161 Draft controlled native species management plan—consultation with lessee and custodian
(1) In preparing a draft controlled native species management plan for a controlled native species on stated land, the conservator must consult the relevant person for the stated land if the plan requires or permits the relevant person to do or not do something.
(2) In this section:
relevant person, for stated land, means—
(a) if the land is leased land—the lessee of the land; and
(b) if the land is unleased land or public land—the custodian of the
land.
Part 9 Planning and Development Act 2007
51 Controlled
activities
Schedule 2, item 7, column 3
insert
60 penalty units
Part 10 Planning and Development Regulation 2008
52 Disapplication of Legislation Act, s
47 (5) and (6)—regulation
Section 400 (2) (e) and (f)
omit
53 Section 400 (3), definition of utility rule
omit
54 Criterion 1—easement and other
access clearances
Schedule 1, section 1.11 (4), definition of
utility infrastructure access or protection space, examples 1 and
2
omit
substitute
55 Schedule 1, section 1.11 (4), definition of utility rule and note
substitute
utility rule means a rule, as in force from time to time, made under a technical code, as in force from time to time, made under the Utilities (Technical Regulation) Act 2014
.
Note Technical codes made under the Utilities (Technical Regulation) Act 2014
are accessible at www.legislation.act.gov.au
. Rules for the service and installation of water and sewerage are accessible
at
. Rules for the service and installation of electricity are accessible at www.actewagl.com.au
.
substitute
7 Electricity networks
before subsection (1), insert
(1A) For this Act, an electricity transmission network consists of infrastructure used, or for use, in relation to the transmission of electricity by a person to an electricity distribution network.
omit
electricity network
substitute
electricity distribution network
59 Dictionary, new definition of electricity distribution network
insert
electricity distribution network—see section 7 (1).
60 Dictionary, definition of electricity network
substitute
electricity network—see section 7.
61 Dictionary, new definition of electricity transmission network
insert
electricity transmission network—see section 7
(1A).
Part 12 Utilities (Technical Regulation) Act 2014
62 Operating
certificate—application
New section 43 (2)
insert
(2) An application must include information about the utility’s—
(a) capacity to ensure the safe, reliable and efficient delivery of regulated utility services; and
(b) promotion of the long-term serviceability of regulated utility networks and regulated utility services; and
(c) promotion of design integrity and functionality of regulated utility networks; and
(d) capacity to ensure the safe and reliable operation and maintenance of regulated utility networks and regulated utility services to protect the following:
(i) the public;
(ii) people working on regulated utility networks and regulated utility services;
(iii) property near regulated utility networks and regulated utility services;
(iv) the environment.
63 Operating certificate—grant
Section 46 (1) (a)
omit
in accordance with this Act; or
substitute
in accordance with the following criteria:
(i) provision in accordance with this Act;
(ii) delivery in a safe, reliable and efficient manner;
(iii) sufficient consideration of long-term serviceability;
(iv) sufficient consideration of design integrity and functionality;
(v) safe and reliable operation and maintenance in a manner that protects the following:
(A) the public;
(B) people working on the regulated utility service;
(C) property near the regulated utility service;
(D) the environment; or
omit
this Act
substitute
the criteria in subsection (1) (a)
65 Meaning of utility infrastructure
work—div 9.5
Section 95 (a)
substitute
(a) an electricity distribution network;
66 Dictionary, new definitions
insert
electricity distribution network—see the Utilities Act 2000
, section 7.
electricity transmission network—see the Utilities Act 2000
, section 7.
Part 13 Work Health and Safety Regulation 2011
67 Duty of person conducting a business
or undertaking
Section 166
omit
and the
substitute
, the
and the
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 7 April 2016.
2 Notification
Notified under the
on 2016.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2016
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