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This is a Bill, not an Act. For current law, see the Acts databases.
PROJECTS OF TERRITORIAL SIGNIFICANCE BILL 2004
2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mrs Vicki Dunne)
Projects of
Territorial Significance Bill 2004
Contents
Page
2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mrs Vicki Dunne)
Projects of
Territorial Significance Bill 2004
A Bill for
An Act to streamline approval procedures for projects of territorial
significance, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Projects of Territorial Significance Act
2004.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
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 terms
used in this Act, and includes references (signpost definitions)
to other terms defined elsewhere.
For example, the signpost definition
‘development—see the Land Act, section 222’
means that the term ‘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, 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, s 127 (1), (4) and (5) for the legal
status of notes.
5 Chief
Minister responsible
The Chief Minister is responsible for the administration of this
Act.
Part
2 Projects of territorial
significance
6 Meaning
of project of territorial significance
In this Act:
project of territorial significance means a development
prescribed under regulations made for section 7, and includes any works
undertaken, or to be undertaken, in relation to such a development.
7 Prescription
of projects of territorial significance
The regulations may prescribe a development as a project of territorial
significance if, in the opinion of the Chief Minister, the
development—
(a) is in accordance with a major policy initiative of the Territory
government; or
(b) would make a substantial contribution to the development of the ACT;
or
(c) would provide a substantial public benefit.
8 Exclusion
of AAT review—application by third parties
(1) Despite anything in the Land Act or any other Territory law, an
application may not be made to the Administrative Appeals Tribunal for the
review of any of the following decisions by anyone other than the person who
applied for the relevant approval or associated approval:
(a) a decision of the relevant authority under the Land Act,
part 6 (Approvals and orders) about the approval of a project of
territorial significance;
(b) a decision about an associated approval.
Example
The construction of a major new dam is prescribed under the regulations as
a project of territorial significance. In association with an
application under the Land Act, pt 6 for approval for the development of the new
dam, various environmental authorisations (associated approvals
for s (1) (b)) are applied for, and granted, under the Environment Protection
Act 1997, s 49.
That Act, s 135 provides for application to be made to the AAT for the
review of a decision to grant an environmental authorisation by anyone whose
interests are affected by the decision. However, because of this Act, s 8 (2),
no-one except the applicant for the environmental authorisations may apply to
the AAT for review of the authorisations.
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).
(2) In this section:
associated approval means an approval, however described,
under a Territory law (other than the Land Act) sought in association with a
decision about the approval, under the Land Act, part 6, of a project of
territorial significance.
Examples of forms of associated
approval
1 an authorisation
2 a consent
3 a licence
4 a permit
relevant authority—see the Land Act, section
222.
9 Exclusion
of Land Act, pt 6—developments in designated areas
(1) The Land Act, part 6 does not apply in relation to any aspect of a
project of territorial significance that is, or that is to be, carried out in a
designated area.
Examples
1 works in a designated area related to a project of territorial
significance
2 a development in a designated area related to a project of territorial
significance, if the development requires approval under the Commonwealth Act,
section 12 (Works in Designated Areas to be subject to Plan and approval by the
Authority)
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).
(2) In this section:
Commonwealth Act means the Australian Capital Territory
(Planning and Land Management) Act 1988 (Cwlth).
designated area—see the Commonwealth Act, section 4,
definition of Designated Area.
works—see the Commonwealth Act, section
4.
10 Regulation-making
power
(1) The Executive may make regulations for this Act.
Note Regulations must be notified, and presented to the Legislative
Assembly, under the Legislation Act.
(2) Regulations made for subsection (1) may incorporate a law or
instrument, or a provision of a law or instrument, as in force from time to
time.
11 Projects
of Territorial Significance Regulations 2004
(1) The provisions set out in schedule 1 are taken, on the day this
part commences (the commencement day), to be regulations made
under this Act, section 10.
(2) To remove any doubt and without limiting subsection (1), the
provisions set out in schedule 1 may be amended or repealed as if they had been
made as regulations by the Executive under this Act, section 10.
(3) To remove any doubt, the regulations mentioned in subsection (1) are
taken—
(a) to have been notified under the Legislation Act on the day this Act is
notified; and
(b) to have commenced on the commencement day; and
(c) not to be required to be presented to the Legislative Assembly under
the Legislation Act, section 64 (1).
(4) This part and schedule 1 are laws to which the Legislation Act,
section 88 (Repeal does not end effect of transitional laws etc)
applies.
(5) This part and schedule 1 expire on the commencement day.
12 Application
of Act to Gungahlin Drive extension
(1) This Act applies in relation to any of the following decisions whether
the decision was made before, on or after the day this part commences (the
commencement day):
(a) a decision (a GDE decision) under the Land Act, part 6
of the relevant authority about the approval of the Gungahlin Drive
extension;
(b) a decision (a GDE associated decision) about any
associated approval in relation to the Gungahlin Drive extension.
(2) Despite the Legislation Act, section 84 (Saving of operation of
repealed and amended laws), if a GDE decision or a GDE associated decision was
made before the commencement of this Act, the Administrative Appeals Tribunal
may not hear, or continue to hear, any of the following applications, if the
application is made by a person other than the applicant for the relevant
approval or associated approval:
(a) an application for the review of the GDE decision;
(b) an application for the review of the GDE associated
decision.
Note The Legislation Act, s 84 provides, among other things, that
the amendment of a law (including its modification—see that Act, s 82,
def amend) does not affect the previous operation of the law
amended or affect an existing right accrued under the law.
(3) Section 9 (Exclusion of Land Act, pt 6—developments in
designated areas) applies to any aspect of the Gungahlin Drive extension,
whether carried out, or proposed to be carried out, before, on or after the
commencement day.
(4) However, this section does not apply to the extent that its
application would result in the acquisition of property otherwise than on just
terms.
Note The Australian Capital Territory (Self-Government) Act 1988
(Cwlth), s 23 (1) (a) provides that the Legislative Assembly has no
power to make a law with respect to the acquisition of property otherwise than
on just terms.
(5) This part is a law to which the Legislation Act, section 88 (Repeal
does not end effect of transitional laws etc) applies.
(6) This part expires 5 years after the commencement day.
(7) In this section:
associated approval—see section 8 (3).
Gungahlin Drive extension has the meaning given by the
Projects of Territorial Significance Regulations 2004, regulation 3, and
includes any works undertaken, or to be undertaken, in relation to the
development described in that regulation.
relevant authority—see the Land Act, section
222.
Schedule
1 New
regulations
(see s 11)
Australian Capital
Territory
Projects of Territorial Significance
Regulations 2004
Subordinate Law SL2004-
made under the
Projects of Territorial Significance Act
2004
Part 1 Preliminary
1 Name of regulations
These regulations are the Projects of Territorial Significance
Regulations 2004.
2 Notes
A note included in these regulations is explanatory and is not part of
these regulations.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal
status of notes.
Part 2 Gungahlin Drive
extension
3 Gungahlin Drive extension—Act, s
7
(1) The Gungahlin Drive extension is prescribed as a project of
territorial significance.
(2) In this regulation:
Gungahlin Drive extension means the development that is the
construction of a road between the Barton Highway and the Glenloch Interchange,
as shown in the following plans in reports published in February 2004 by the
administrative unit responsible for road services, as the reports and plans are
in force from time to time:
(a) Gungahlin Drive Extension Document Readiness Report, Package A,
Project Number US 01176C-01, plan numbers 32416A-PP-061, 062, 063, 064, 065 and
066;
(b) Gungahlin Drive Extension Document Readiness Report, Package B,
Project Number US 01176C-02, plan numbers 32416B-PP-061 and 062.
Note 1 The plans and reports may be inspected at:
• Roads ACT, level 7, Macarthur House, 12 Wattle Street, Lyneham ACT
2602
• http://www.gde.act.gov.au/download/alignment_details.htm
Note 2 The plans and reports, and any amendments (or the plans and
reports as amended, if they are republished), are taken to be notifiable
instruments (see Legislation Act, s 47 (6)). To be enforceable for the Act and
these regulations, they must be notified in the legislation register (see
Legislation Act, s 62).
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the
following terms:
• ACT
• administrative unit
• Executive
• in relation to
• land
• law (of the Territory)
• Legislation Act
• Legislative Assembly
• provision (see s 16)
• Territory plan.
development—see the Land Act, section 222.
Land Act means the Land (Planning and Environment) Act
1991.
project of territorial significance—see section
6.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2004.
2 Notification
Notified under the Legislation Act on 2004.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2004
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