Australian Capital Territory Current Acts

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PUBLIC UNLEASED LAND ACT 2013


TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Name of Act  
   3.      Dictionary  
   4.      Notes  
   5.      Offences against Act—application of Criminal Code etc  
   6.      Object of Act  
   7.      Application of Act to Territory  
   8.      Meaning of public unleased land  
   9.      Meaning of public road  
   9A.     Meaning of carries on business as a hawker  

   PART 2--MANAGING AND PROTECTING PUBLIC UNLEASED LAND

           Division 2.1--Public roads

   10.     Director-general may fix or change public road levels  
   11.     Director-general may temporarily close public roads  
   12.     Approval to use closed road  
   13.     Offence—use closed road without approval  
   14.     Director-general may make temporary public roads  

           Division 2.2--Drainage affecting public unleased land

   15.     Directions to construct surface water drains  
   16.     Offence—fail to comply with drainage direction  
   17.     Construction of drains by Territory  

           Division 2.3--Work on public unleased land

   18.     Meaning of work on public unleased land  
   19.     Approval to carry out work on public unleased land  
   20.     Offence—carry out work on public unleased land without approval  

           Division 2.4--Damage to public unleased land

   21.     Directions to repair damage to public unleased land  
   22.     Offence—fail to comply with repair damage direction  
   23.     Repair of damage by Territory  

           Division 2.5--Signs on public unleased land

   24.     Meaning of sign on public unleased land  
   25.     Approval to place sign on public unleased land  
   26.     Offence—place fixed sign on public unleased land without approval  
   27.     Movable signs code of practice  
   28.     Offence—fail to comply with code of practice  
   29.     Territory indemnified regarding movable signs  

           Division 2.6--Trees and other plants affecting public unleased land

   30.     Definitions—div 2.6  
   31.     Direction to prune tree etc overhanging public unleased land  
   32.     Offence—fail to comply with plant pruning direction  
   33.     Pruning of tree etc by Territory  
   34.     Direction to remove tree etc endangering public on public unleased  
   35.     Offence—fail to comply with plant removal direction  
   36.     Removal of tree etc by Territory  

           Division 2.7--Graffiti visible from public unleased land

   37.     Meaning of occupier of leased territory land—div 2.7  
   38.     Graffiti removal from property on leased territory land  
   39.     Graffiti removal—liability of the Territory  

   PART 3--PUBLIC UNLEASED LAND PERMITS

           Division 3.1--Important concepts

   40.     What is a public unleased land permit?  
   41.     When does a person use public unleased land?—pt 3  
   42.     Who is an influential person for a corporation?—pt  

           Division 3.2--Public unleased land permits—offences

   43.     Offence—use public unleased land without permit  
   44.     Offence—fail to comply with condition of permit  

           Division 3.3--Public unleased land permits—application

   45.     Public unleased land permit—application  

           Division 3.4--Public unleased land permits—suitability of people

   46.     Who is a suitable person to hold a public unleased land  
   47.     What is suitability information about a person?  
   48.     Suitability of people—further information about people  

           Division 3.5--Public unleased land permits—suitability of activities

   49.     What is a suitable activity for a public unleased land  
   50.     What is suitability information about an activity?  
   51.     Suitability of activities—further information about activity  
   52.     Suitability of activities—other approvals  
   52A.    Suitability of activities—consultation with conservator  
   53.     Suitability of activities—public consultation  
   54.     Suitability of activities—public consultation submissions  
   55.     Suitability of activities—risk management plan  
   56.     Suitability of activities—inspection of object  

           Division 3.6--Public unleased land permits—decision

   57.     Public unleased land permit—decision on application  
   58.     Public unleased land permit—form  
   59.     Public unleased land permit—term  

           Division 3.7--Public unleased land permits—financial assurance conditions

   60.     Meaning of financial assurance condition  
   61.     Financial assurance condition—imposition  
   62.     Financial assurance condition—show cause  
   63.     Financial assurance condition—permit cancellation  
   64.     Financial assurance condition—claim or realisation  
   65.     Financial assurance condition—notice before claim or  
   66.     Financial assurance condition—recovery of extra costs  
   67.     Financial assurance condition—money held by Territory  

           Division 3.8--Public unleased land permits—amendment, transfer, renewal, etc

   68.     Public unleased land permit—amendment initiated by  
   69.     Public unleased land permit—application to amend permit  
   70.     Public unleased land permit—decision on application to amend  
   71.     Public unleased land permit—application to transfer permit  
   72.     Public unleased land permit—decision on application to transfer  
   73.     Public unleased land permit—application for renewal of  
   74.     Public unleased land permit—decision on application for renewal of  
   75.     Public unleased land permit—replacing when lost, stolen or  
   76.     Public unleased land permit—surrender  
   77.     Offence—fail to notify change of name or address  
   78.     Public unleased land permit—director-general to change name and  

           Division 3.9--Public unleased land permits—regulatory action

   79.     Public unleased land permit—grounds for regulatory action  
   80.     Public unleased land permit—regulatory action  
   81.     Public unleased land permit—taking regulatory action  
   82.     Public unleased land permit—immediate suspension  
   83.     Public unleased land permit—effect of suspension  
   84.     Offence—fail to return amended, suspended or cancelled permits  
   85.     Action by director-general in relation to amended or suspended  

           Division 3.10--Public unleased land permit register

   86.     Public unleased land permit register  
   87.     Correction and keeping up-to-date register  

   PART 4--ENFORCEMENT

           Division 4.1--General

   88.     Definitions—pt 4  

           Division 4.2--Authorised people

   89.     Authorised people  
   90.     Identity cards  
   91.     Power not to be exercised before identity card shown  

           Division 4.3--Directions etc

              Subdivision 4.3.1--General directions

   92.     Direction to give name and address  
   93.     Offence—fail to comply with direction to give name and address  
   94.     Direction to produce approval, permit or insurance policy  
   95.     Offence—fail to comply with direction to produce approval, permit or insurance  
   96.     Direction to leave permitted public unleased land  
   97.     Offence—fail to comply with direction to leave permitted public unleased  
   98.     Direction to remove objects from public unleased land  
   99.     Offence—fail to comply with removal direction  
   99A.    Offence—hawkers obstructing or endangering public  

              Subdivision 4.3.2--Urgent action

   100.    Director-general's directions  
   101.    Offence—fail to comply with director-general's direction  
   102.    Emergency closure of permitted place  
   103.    Emergency closure notice  
   104.    Offence—fail to comply with emergency closure order  

           Division 4.4--Removal and disposal of objects on public unleased land by Territory

   105.    Removal of objects by Territory  
   106.    Disposal of objects by Territory  

           Division 4.5--Powers of authorised people

   107.    Power to enter premises  
   108.    Production of identity card  
   109.    Consent to entry  
   110.    General powers on entry to premises  
   111.    Power to seize things  

           Division 4.6--Search warrants

   112.    Warrants generally  
   113.    Warrants—application made other than in person  
   114.    Search warrants—announcement before entry  
   115.    Details of search warrant to be given to occupier etc  
   116.    Occupier entitled to be present during search etc  

           Division 4.7--Return and forfeiture of things seized

   117.    Receipt for things seized  
   118.    Moving things to another place for examination or processing under search  
   119.    Access to things seized  
   120.    Return of things seized  
   121.    Forfeiture of seized things  
   122.    Power to destroy unsafe things  
   123.    Application for order disallowing seizure  
   124.    Order for return of seized thing  

           Division 4.8--Enforcement—miscellaneous

   125.    Damage etc to be minimised  
   126.    Compensation for exercise of enforcement powers  

   PART 5--NOTIFICATION AND REVIEW OF DECISIONS

   127.    What is a reviewable decision?—pt 5  
   128.    Reviewable decision notices  
   129.    Applications for review  

   PART 6--MISCELLANEOUS

   130.    Determination of fees etc  
   131.    Approved forms  
   132.    Regulation-making power  
           SCHEDULE 1
           DICTIONARY
           ENDNOTES


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