LAND (PLANNING AND ENVIRONMENT) LEGISLATION AMENDMENT BILL 2007

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

Land (Planning and Environment) Legislation Amendment Bill 2007

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

Land (Planning and Environment) Legislation Amendment Bill 2007

An Act to amend the Land (Planning and Environment) Act 1991, and for other purposes

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

This Act is the Land (Planning and Environment) Legislation Amendment Act 2007.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

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

(1A) However, only the applicant for an approval may apply to the AAT for review of a decision giving the approval subject to a condition under either of the following sections:

(2) The heritage council may also apply to the AAT for review of a decision mentioned in subsection (1) or (1A).

(3) A person who makes a decision mentioned in subsection (1) must give written notice of the decision to—

(a) for a decision mentioned in subsection (1A)—the applicant for the approval; and

(b) for any other decision—the people whose interests the person believes are affected by the decision; and

(c) for a decision on an application relating to a place registered, or nominated for provisional registration, under the Heritage Act 2004—the heritage council.

(a) applies in relation to a decision mentioned in subsection (1A) made on or after the day this subsection commences; and

(b) as in force on the day this subsection commences, is taken to apply, and always to have applied, in relation to a decision mentioned in subsection (1A) made before the day this subsection commences.

(6) Subsection (5) is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

(7) Subsections (5) and (6) and this subsection expire 1 year after the day this subsection commences.

(e) exempting development from the application of this part or a provision of this part; and

1 exempting a development or class of development, including by reference to stated circumstances or conditions

2 exempting development by reference to any matter, including, for example, location, land use, or policy for land use under the territory plan

Note 1 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).

Note 2 Power given under an Act to make a statutory instrument includes power to make different provision in relation to different matters or different classes of matters, or to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

(f) exempting controlled activity from the application of this part or a provision of this part; and

(a) applies in relation to a regulation made under subsection (1) (e) or (f) on or after the day this subsection commences; and

(b) as in force on the day this subsection commences, is taken to apply, and always to have applied, in relation to a regulation made, or purportedly made, under subsection (1) (e) or (f) before the day this subsection commences.

(6) Subsection (5) is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

(7) Subsections (5) and (6) and this subsection expire 1 year after the day this subsection commences.

288A Regulations amending Land (Planning and Environment) Regulation

(1) This section applies in relation to the following regulations:

(a) the Land (Planning and Environment) Amendment Regulation 2006 (No 2) SL2006-13;

(b) any other regulation made, or purportedly made, under section 282 (1) (e) or (f) before the day section 282 (5) commences.

(2) The regulation is taken, for all purposes, always to have been validly made under this Act.

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

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

288B Amendments of Land (Planning and Environment) Regulation by Land (Planning and Environment) Legislation Amendment Act

(1) This section applies in relation to the amendments of the Land (Planning and Environment) Regulation 1992 by the Land (Planning and Environment) Legislation Amendment Act 2007.

(a) have effect on and after the day this section commences; and

(b) are taken, for all purposes, to have effect, and always to have had effect, before the day this section commences.

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

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

Part 3 Land (Planning and Environment) Regulation 1992

This part amends the Land (Planning and Environment) Regulation 1992.

(1) The Act, section 275 does not apply if the decision relates to development listed in schedule 6.

11 Exclusion of appeals by objectors and third parties—Act, section 276

Section 43 (1)

(1) The Act, section 276 does not apply if the decision relates to development listed in schedule 7.

12 Schedule 6—Exclusion of appeals, general—Act, s 275

Items 1 and 4

13 Schedule 7—Exclusion of appeals by objectors and third parties—Act, s 276

Item 1

Presentation speech made in the Legislative Assembly on 2007.

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

Australian Capital Territory Bills

LAND (PLANNING AND ENVIRONMENT) LEGISLATION AMENDMENT BILL 2007