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This is a Bill, not an Act. For current law, see the Acts databases.
DISTRICTS BILL 2002
2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Planning)
Districts
Bill 2002
Contents
Page
Part 1.1 Building Act 1972 13
Part 1.2 Common Boundaries Act
1981 13
Part 1.3 Electoral Act 1992 13
Part 1.4 Land (Planning and Environment) Act
1991 14
Part 1.5 Land Titles Act 1925 14
Part 1.6 Rates and Land Tax Act
1926 14
Part 1.7 Surveyors Act 2001 15
2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Planning)
A Bill for
An Act to provide for the division and description of land, and for other
purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Districts Act 2002.
This Act commences on the day after its notification day.
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 ‘digital cadastral
database—see section 17.’ means that the expression
‘digital cadastral database’ is defined in that section.
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.
(1) The Minister must, by deposited plan, divide the land in the ACT into
districts.
(2) The boundaries of each district are the boundaries shown on the
deposited plan by which the district is created.
(3) The Minister must, in writing, determine a distinguishing name for
each district.
(4) A determination is a notifiable instrument.
Note A notifiable instrument must be notified under the
Legislation Act 2001.
6 Divisions,
sections and blocks
(1) The Minister may, by deposited plan, do any of the
following:
(a) divide a district, or part of a district, into divisions or
blocks;
(b) divide a division, or part of a division, into sections;
(c) divide a section into blocks.
(2) The boundaries of each division, section or block are the boundaries
shown on the deposited plan by which the division, section or block is
created.
(3) The Minister must determine a distinguishing name for each division
under the Public Place Names Act 1989, section
3 (1) (a).
Note A determination under the Public Place Names Act 1989 is
a disallowable instrument (see s 3 (2)).
(4) The Minister must give each section and block a distinguishing
number.
(1) A deposited plan is a plan prepared by a registered
surveyor and registered by the registrar-general under this section.
(2) The plan must—
(a) set out the boundaries of, and the distinguishing name or number for,
each district, division, section or block to be created by the plan;
and
(b) be lodged with the registrar-general in registrable form.
Note A fee may be determined under the Land Titles Act 1925,
s 139 for lodging plans with the registrar-general.
(3) The registrar-general may register the plan only if the commissioner
for surveys has certified that—
(a) the land divided by the plan is correctly described; and
(b) the plan complies with this Act.
(4) For subsection (3) (a), the commissioner for surveys may certify
that land divided by the plan is correctly described only if the boundaries of
the land have been established by a registered surveyor—
(a) by survey; or
(b) for land that the plan divides into districts or divisions or that the
commissioner is satisfied is to be the subject of a holding lease—by
reference to information in the digital cadastral database.
(5) If this section is complied with, the registrar-general must register
the plan by entering particulars of the plan, including a number for the plan,
in the register kept by the registrar-general under the Land Titles Act
1925, section 43.
(6) If the plan amends another deposited plan, the registrar-general must
also enter a reference to the amendment on the other deposited plan.
(7) In this section:
holding lease means a lease issued to allow for urban
development and subdivision.
registrable form—a plan is in registrable form
if—
(a) it does not require a material correction, alteration or addition;
and
(b) it is in a printed or electronic form that the registrar-general is
satisfied is suitable for registration; and
(c) it is otherwise in accordance with this Act.
A deposited plan is evidence of the measurements and boundaries of the
areas of land shown on it unless the contrary is proved.
9 Description
of parcel of land for dealings
The description of a parcel of land by reference to the name or number of
the district, division, section or block by which the parcel of land is
described in the deposited plan on which the parcel of land is shown is
sufficient description of the parcel of land for dealings with the parcel of
land.
10 Change
of district or division names
(1) This section applies if—
(a) a name (the earlier name) has been determined for a
district or division as mentioned in section 5 (Districts) or section 6
(Divisions, sections and blocks); and
(b) another name (the later name) is later determined for
the district or division.
(2) A reference in a deposited plan or any other instrument to the earlier
name is, from the time the later determination has effect, taken to be a
reference to the later name.
11 Correction
etc of instruments
(1) If an instrument relating to a parcel of land shown in a deposited
plan is presented to the registrar-general, the registrar-general must make the
entries, cancellations and corrections (if any) to the instrument the
registrar-general considers necessary so that the parcel of land is described by
reference to the name or number of the district, division, section or block by
which it is described in the deposited plan.
(2) In this section:
instrument means the original of an instrument in the
register kept under the Land Titles Act 1925, section 43.
(1) The registrar-general must make plans lodged under this Act available
for inspection at the registrar-general’s office.
(2) The registrar-general may also make plans available for inspection in
other ways (for example, by emailing copies to people on request).
(3) Plans may be made available for inspection in printed or electronic
form.
Note A fee may be determined under the Land Titles Act 1925,
s 139 for inspection of plans.
13 Allocation
of street addresses
(1) The Minister may allocate a street address to a block or
unit.
(2) The allocation must be in accordance with the guidelines (if any) made
by the Minister under section 14.
(3) If the Minister allocates a street address to a block or unit, the
Minister must—
(a) record details of the street address in—
(i) a register kept for this section by the Minister; and
(ii) the digital cadastral database; and
(b) make details of the street address publicly available (for example,
through ACT government shopfronts and public libraries).
14 Guidelines
about allocation of street addresses
(1) The Minister may make written guidelines about the allocation of
street addresses to blocks and units.
(2) The guidelines may make provision about a matter by applying, adopting
or incorporating an Australian Standard, or a provision of an Australian
Standard, as in force from time to time.
Note 1 The text of an applied, adopted or incorporated law or
instrument, whether applied as in force from time to time or as at a particular
time, is taken to be a notifiable instrument if the operation of the
Legislation Act 2001, s 47 (5) or (6) is not disapplied (see s 47
(7)).
Note 2 A notifiable instrument must be notified under the
Legislation Act 2001.
(3) The guidelines are a notifiable instrument.
Note A notifiable instrument must be notified under the
Legislation Act 2001.
15 Requirement
to display allocated address etc
(1) This section applies if—
(a) details of the allocated address for a block or unit have been
recorded and made available under section 13; and
(b) either—
(i) the allocated address is not displayed at the frontage of the block or
unit; or
(ii) a street address other than the allocated address is displayed at the
frontage of the block or unit; and
(c) the owner of the block or unit has been given written notice of the
allocated address.
(2) The Minister may, in writing, require the owner of the block or
unit—
(a) to display the allocated address at the frontage of the block or unit;
or
(b) if a street address other than the allocated address is displayed at
the frontage of the block or unit—
(i) to remove the street address; and
(ii) to display the allocated address at the frontage of the block or
unit.
Note For how documents may be served, see Legislation Act
2001, pt 19.5.
(3) The requirement must state the time within which the action must be
taken.
(4) The time stated must not be less than 21 days after the day the
requirement is made.
16 Action
if requirement not complied with
(1) This section applies if the owner of a block or unit does not comply
with a requirement under section 15 in relation to the block or unit.
(2) The Minister may arrange for the taking of reasonable action to
ensure—
(a) the allocated address is displayed at the frontage of the block or
unit; or
(b) the street address other than the allocated address is removed from,
and the allocated address displayed at, the frontage of the block or
unit.
(3) The reasonable cost of work carried out under this section is a debt
owing to the Territory by the owner of the block or unit.
Part
4 Digital cadastral
database
17 Digital
cadastral database
(1) The commissioner for surveys must establish and maintain an electronic
database of information about land in the ACT (the digital cadastral
database).
(2) The digital cadastral database must include the following
information:
(a) the boundaries of, and the distinguishing name or number for, each
district, division, section and block created under section 5 (Districts)
or section 6 (Divisions, sections and blocks of districts);
(b) each allocated address.
(3) The digital cadastral database may include any other information the
commissioner for surveys considers appropriate.
18 Delegation
by Minister
(1) The Minister must not delegate the Minister’s functions under
this Act to someone other than the commissioner for surveys.
Note For the making of delegations and the exercise of delegated
functions, see Legislation Act 2001, pt 19.4.
(2) Subsection (1) has effect despite the Legislation Act 2001,
section 254A (Delegation by Minister).
19 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.
Part
6 Transitional and consequential
provisions
20 Districts
and deposited plans under repealed Act
(1) The districts set out in the Districts Act 1966 (repealed),
schedule (District boundaries) are taken to be districts created under
section 5.
(2) A deposited plan registered under the Districts Act 1966
(repealed) is taken to be a deposited plan registered under section 7.
21 Repeal
of Districts Act 1966
The Districts Act 1966 No 5 is repealed.
Schedule 1 amends the Acts mentioned in it.
This part expires 1 year after it commences.
Schedule
1 Amendments of other
Acts
(see s 22)
Part
1.1 Building Act
1972
[1.1] Sections
33A (3) (b) (ii) and 42S (b)
omit
Districts Act 1966
substitute
Districts Act 2002
Part
1.2 Common Boundaries Act
1981
omit
Districts Act 1966
substitute
Districts Act 2002
Part
1.3 Electoral Act
1992
omit
Districts Act 1966
substitute
Districts Act 2002
Part
1.4 Land (Planning and Environment)
Act 1991
[1.4] Section
216A (1) (b)
omit
Districts Act 1966, section 6
substitute
Districts Act 2002
Part
1.5 Land Titles Act
1925
after
Community Title Act 2001
insert
, the Districts Act 2002
Part
1.6 Rates and Land Tax Act
1926
omit
Districts Act 1966
substitute
Districts Act 2002
Part
1.7 Surveyors Act
2001
omit
Districts Act 1966, s 7
substitute
Districts Act 2002, s 7 and s 17
omit
Districts Act 1966
substitute
Districts Act 2002
[1.9] Section
44 (1), note
omit
Districts Act 1966, s 7
substitute
Districts Act 2002, s 7 and s 17
(see s 3)
Note 1 The Legislation Act 2001 contains definitions and
other provisions relevant to this Act.
Note 2 In particular, the following terms that are defined in the
Legislation Act 2001, dict, pt 1, are particularly relevant to this
Act:
• commissioner for surveys
• function
• registered surveyor
• registrar-general.
allocated address, for a block or unit, means the street
address allocated to the block or unit under section 13.
block means a block under section 6.
deposited plan—see section 7.
digital cadastral database—see section 17.
district means a district under section 5.
division, in relation to land, means a division under section
6.
section, in relation to land, means a section under section
6.
unit—see the Unit Titles Act 2001, section
9.
Endnote
Republications of amended laws
For the latest republications of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2002
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