2004

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Ms Kerrie Tucker)

2004

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Ms Kerrie Tucker)

An Act to amend the Land (Planning and Environment) Act 1991

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Land (Planning and Environment) Amendment 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)).

This Act amends the Land (Planning and Environment) Act 1991.

(g) any comments of the planning and land authority or the planning and land council given to the Minister for the consideration of an application under section 229B (Minister may decide some applications) as in force before the commencement of the Land (Planning and Environment) Amendment Act 2004; and

relevant authority

planning and land authority

(2) The planning and land authority is taken to have refused to approve an application if it fails to make a decision about the application within the prescribed period.

(3) However, the planning and land authority may approve an application (the development application) at any time before the earliest of the following dates:

(a) the date when the administrative appeals tribunal has finally dealt with an application under section 275 to review a deemed refusal of the development application under subsection (2);

(b) the date 6 months after the date of the development application, unless paragraph (c) applies;

(c) if an assessment or a variation to the plan is needed for the development application—the date 12 months after the date of the application.

relevant authority

planning and land authority

relevant authority

planning and land authority

A relevant authority may revoke an approval given by the authority—

The planning and land authority may revoke an approval—

a relevant authority

the planning and land authority

relevant authority

planning and land authority

(1) This section applies if application is made to the administrative appeals tribunal for review of a decision mentioned in schedule 4, part 4.1.

(2) The planning and land authority must, as soon as practicable after the application to the administrative appeals tribunal is made, give written notice of the application to each person who, under section 237, objected to the application for approval to undertake a development for which the decision was made.

(3) The notice must include a statement to the effect that the person to whom it is given is entitled, on application to the administrative appeals tribunal, to be made a party to the proceeding for the review.

(1) This section applies to an application under section 226 for approval to undertake a development if—

(a) the planning and land authority referred the application to the Minister for decision in accordance with a direction under section 229A (1); and

(b) the application had not been decided by the Minister, or referred back to the planning and land authority, under section 229B before the commencement day.

(2) The application is taken to have been referred back to the planning and land authority for decision under section 229B immediately before the commencement day.

(3) In this section:

commencement day means the day the Land (Planning and Environment) Amendment Act 2004 commenced.

(4) This section expires 1 year after the day it commences.

(1) Despite the amendments of this Act made by the Land (Planning and Environment) Amendment Act 2004 (the amending Act), this Act as in force immediately before the commencement of the amending Act continues to apply in relation to—

(a) a decision of the Minister under section 229B to consider an application to undertake a development if the Minister decided the application before the commencement of the amending Act; and

(b) a decision made by the Minister under section 229B on an application to undertake a development.

(2) Subsection (1) is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

(3) This section expires 1 year after the day it commences.

relevant authority

planning and land authority

Presentation speech made in the Legislative Assembly on 2004.

Notified under the Legislation Act on 2004.

For the latest republication of amended laws, see www.legislation.act.gov.au.