Australian Capital Territory Current Acts

PUBLIC UNLEASED LAND ACT 2013 - SECT 57

    (1)     This section applies if the director-general receives an application for a public unleased land permit.

    (2)     The director-general may issue the public unleased land permit to the applicant only if reasonably satisfied that—

        (a)     the applicant is a suitable person to hold the public unleased land permit; and

        (b)     if the applicant is a corporation—each influential person for the applicant is a suitable person to hold the public unleased land permit; and

        (c)     the activity is a suitable activity for the public unleased land permit.

Note     Suitable person , to hold a public unleased land permit—see s 46.
"Suitable activity", for a public unleased land permit—see s 49.

    (3)     However, the director-general must not issue a public unleased land permit to carry on any of the following activities in a wilderness area:

        (a)     erect a building, booth, stall, post, sign or other structure;

        (b)     supply goods or services.

    (4)     A public unleased land permit may be subject to any condition that the director-general reasonably believes is necessary to meet the objectives of this Act.

Examples—conditions

1     that the permit-holder must hold a stated kind of insurance

2     that the permit-holder must fence the permitted public unleased land

3     a financial assurance condition (see  s 60)

4     that stated measures be put in place to avoid damage to a protected tree on the land

Note     Under the Urban Forest Act 2023

, s 92 an applicant for a public unleased land permit may be required to enter into a tree bond agreement if a protected tree is at risk of damage because of an activity to be carried out for the permit.

    (5)     The director-general must, not later than the required time—

        (a)     decide the application; and

        (b)     tell the applicant about the decision on the application.

    (6)     In this section:

"required time" means the latest of the following:

        (a)     if the director-general gives the applicant a personal information notice under section 48— 28 days after the director-general receives the stated information;

        (b)     if the director-general gives the applicant an activity information notice under section 51— 28 days after the director-general receives the information;

        (c)     if the director-general gives the applicant an additional approval notice under section 52— 28 days after the director-general receives the approval, licence, permit or other authority;

        (d)     if the director-general gives the applicant a public consultation notice under section 53 and receives a submission during the public consultation period—28 days after the director-general receives the submission;

        (e)     if the director-general gives the applicant a public consultation submission notice under section 54 and receives a submission during the show cause period—28 days after the director-general receives the submission;

        (f)     if the director-general gives the applicant a risk management plan notice under section 55— 28 days after the director-general receives the risk management plan;

        (g)     if the director-general gives the applicant an inspection notice under section 56— 28 days after the director-general inspects the object;

        (h)     28 days after the day the director-general receives the application.

Note     Failure to issue a public unleased land permit within the required time is taken to be a decision not to issue the public unleased land permit (see ACT Civil and Administrative Tribunal Act 2008

, s 12).