2006

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Planning)

Part 4.1 Interpretation—sch 4 358

Part 4.2 Development proposals requiring EIS—activities 360

Part 4.3 Development proposals requiring EIS—areas and processes 364

2006

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Planning)

An Act about planning and development in the ACT

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

This Act is the Planning and Development Act 2006.

This Act commences on a day fixed by the Minister by written notice.

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

Note 2 A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

Note 3 If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

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 terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘conservation requirement—see the Heritage Act 2004, dictionary.’ means that the term ‘conservation requirement’ is defined in that dictionary and the definition applies to this Act.

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, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

The object of this Act is to provide a planning and land system that contributes to the orderly and sustainable development of the ACT—

(a) consistent with the social, environmental and economic aspirations of the people of the ACT; and

(b) in accordance with sound financial principles.

Note This Act, like all Territory Acts, has no effect to the extent that it is inconsistent with the national capital plan, but is taken to be consistent with the national capital plan to the extent that it can operate concurrently with it (see Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth), s 11 (1)).

In this Act:

development, in relation to land, means the following:

(a) building, altering or demolishing a building or structure on the land;

(b) carrying out earthworks or other construction work on or under the land;

(c) carrying out work that would affect the landscape of the land;

(d) using the land, or a building or structure on the land;

(e) beginning a new use of the land, or a building or structure on the land;

(f) changing a use of the land, or a building or structure on the land, whether by adding a use or stopping a use and substituting another use;

(g) subdividing or consolidating land (whether by lease variation or otherwise);

(h) varying a lease relating to the land (including varying by surrender of the lease and grant of a new lease in different terms);

(i) varying a lease granted as a concessional lease by surrender and regrant of the lease as a market value lease;

(j) putting up, attaching or displaying a sign or advertising material otherwise than in accordance with a licence issued under this Act or permit under the Roads and Public Places Act 1937.

For this Act:

sustainable development means the effective integration of social, economic and environmental considerations in decision-making processes, achievable through implementation of the following principles:

(a) the precautionary principle;

(b) the inter-generational equity principle;

(c) conservation of biological diversity and ecological integrity;

(d) appropriate valuation and pricing of environmental resources.

the inter-generational equity principle means that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations.

the precautionary principle means that, if there is a threat of serious or irreversible environmental damage, a lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.

(1) The Planning and Land Authority is established.

(2) The planning and land authority—

(a) is a body corporate; and

(b) must have a seal.

(3) The chief planning executive is the planning and land authority.

Anything done in the name of, or for, the planning and land authority by the chief planning executive in exercising a function of the authority is taken to have been done for, and binds, the Territory.

(1) The planning and land authority has the following functions:

(a) to prepare and administer the territory plan;

(b) to continually review the territory plan and propose amendments as necessary;

(c) to plan and regulate the development of land;

(d) to advise on planning and land policy, including the broad spatial planning framework for the ACT;

(e) to maintain the digital cadastral database under the Districts Act 2002;

(f) to make available land information;

(g) to grant, administer, vary and end leases on behalf of the Executive;

(h) to grant licences over unleased territory land;

(i) to decide applications for approval to undertake development;

(j) to regulate the building industry;

(k) to make controlled activity orders under part 11.3 (Controlled activity orders) and take other compliance and enforcement action under this Act and other territory laws;

(l) to provide planning services, including services to entities outside the ACT;

(m) to review its own decisions;

(n) to provide opportunities for community consultation about, and participation in, planning decisions;

(o) to promote public education and understanding of the planning process, including by providing easily accessible public information and documentation on planning and land use.

(2) The planning and land authority may exercise any other function given to the authority under this Act, another territory law or a Commonwealth law.

Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

(3) The planning and land authority must exercise its functions—

(a) in a way that, as far as practicable, gives effect to sustainable development; and

(b) taking into consideration the statement of planning intent.

Note 1 For the meaning of sustainable development, see s 8. The statement of planning intent is dealt with in s 15.

Note 2 The planning and land authority must not do anything inconsistent with the territory plan (see s 49) or the national capital plan (see Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth), s 11).

The planning and land authority must comply with any directions given to the authority under this Act or another territory law.

Note The Minister may give the planning and land authority directions under s 13, s 61, s 75, s 97, s 99, s 154, s 238 (2) and s 316.

(1) The Minister may give a written direction to the planning and land authority—

(a) about the general policies the authority must follow; or

(b) requiring the authority to revise the territory plan, or a provision of the plan, or review the plan.

(2) Before giving a direction the Minister must—

(a) tell the planning and land authority about the proposed direction; and

(b) give the authority a reasonable opportunity to comment on the proposed direction; and

(c) consider any comment made by the authority.

(3) The Minister must—

(a) present a copy of a direction to the Legislative Assembly not later than 6 sitting days after the day it is given to the planning and land authority; and

(b) if the copy would not be presented to the Legislative Assembly before the end of the period of 10 working days after the day the direction is given to the authority—give a copy to the members of the Assembly before the end of the 10-day period.

(4) If subsection (3) is not complied with, the direction is taken to have been revoked at the end of the period when the copy of the direction should have been presented or, if the copy should also have been given to members of the Legislative Assembly, when the copy of the direction should have been given to the members.

(5) A direction is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

(1) The Legislative Assembly may, by resolution, recommend that the Minister give the planning and land authority a stated direction under section 13.

(2) The Minister must consider the recommended direction and must either—

(a) direct the planning and land authority under section 13; or

(b) tell the Legislative Assembly that the Minister does not propose to direct the authority as recommended and explain why.

(3) A direction mentioned in subsection (2) (a) may be in accordance with the Legislative Assembly’s resolution or as changed by the Minister.

(1) The Minister may give the planning and land authority a written statement (the statement of planning intent) that sets out the main principles that are to govern planning and land development in the ACT.

(2) The Minister must—

(a) present a copy of the statement of planning intent to the Legislative Assembly not later than 6 sitting days after the day it is given to the planning and land authority; and

(b) if the copy would not be presented to the Legislative Assembly before the end of the period of 10 working days after the day the statement is given to the authority—give a copy to the members of the Assembly before the end of the 10-day period.

(3) To remove any doubt, the statement of planning intent does not authorise a person to whom section 49 (Effect of territory plan) applies to do anything inconsistent with the territory plan.

The statement of planning intent may include policy material inconsistent with the territory plan, but the plan would have to be amended before the policy could be implemented.

Note 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).

The planning and land authority may provide planning services to somebody other than the Territory only with the Minister’s written approval.

(1) The planning and land authority must give the Minister a report, or information about its operations, required by the Minister.

(2) A report under this section must be prepared in the form (if any) that the Minister requires.

(3) This section is in addition to any other provision about the giving of reports or information by the planning and land authority.

A report prepared by the planning and land authority under the Annual Reports (Government Agencies) Act 2004 for a financial year must include—

(a) a copy of any direction given to the authority under this Act or another territory law during the year; and

(b) a statement by the authority about action taken during the year to give effect to any direction given (whether before or during the year).

Note Financial year has an extended meaning in the Annual Reports (Government Agencies) Act 2004, s 6.

(1) The planning and land authority may delegate—

(a) the authority’s functions under this Act or another territory law to a public servant who is an authority staff member; and

(b) the authority’s functions under part 9.11 (Licences for unleased land) in relation to an area of land to the custodian of the land.

(2) The planning and land authority may also delegate the function of granting leases on behalf of the Executive to the land agency.

Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

(1) The Executive must appoint a person to be the Chief Planning Executive.

Note 1 For the making of appointments generally, see the Legislation Act, div 19.3.

Note 2 A power to appoint a person to a position includes power to appoint a person to act in the position (see Legislation Act, s 209).

(2) However, the Executive must not appoint a person under subsection (1) unless satisfied that the person has the management and planning experience or expertise to exercise the functions of the chief planning executive.

(3) An appointment must be for a term of not longer than 5 years.

Note  A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 (1) (c)).

(4) An appointment is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

The chief planning executive’s conditions of appointment are the conditions agreed between the Executive and the chief planning executive, subject to any determination under the Remuneration Tribunal Act 1995.

The chief planning executive may exercise the functions given to the chief planning executive under this Act or another territory law.

(1) The Executive may suspend the chief planning executive from duty—

(a) for misbehaviour; or

(b) for physical or mental incapacity, if the incapacity affects the exercise of the chief planning executive’s functions; or

(c) if the chief planning executive is convicted, or found guilty, in Australia of an offence punishable by imprisonment for at least 1 year; or

(d) if the chief planning executive is convicted, or found guilty, outside Australia of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year.

(2) The Minister must present to the Legislative Assembly a statement of the reasons for the suspension not later than the first sitting day after the day the chief planning executive is suspended.

(3) If, not later than 6 sitting days after the day the statement is presented, the Legislative Assembly resolves to require the Executive to end the chief planning executive’s appointment, the Executive must end the chief planning executive’s appointment.

(4) The chief planning executive’s suspension ends—

(a) if the Minister does not comply with subsection (2)—at the end of the day the Minister should have presented to the Legislative Assembly the statement mentioned in that subsection; or

(b) if the Assembly does not pass a resolution mentioned in subsection (3) before the end of the 6 sitting days—at the end of the 6th sitting day.

(5) The chief planning executive is entitled to be paid salary and allowances while suspended.

Note An appointment also ends if the appointee resigns (see Legislation Act, s 210).

The planning and land authority’s staff must be employed under the Public Sector Management Act 1994.

(1) The planning and land authority may engage consultants.

(2) However, the planning and land authority must not enter into a contract of employment under this section.

(1) The planning and land authority must keep a register (the public register).

(2) The planning and land authority may keep the public register in any form the authority considers appropriate.

(1) The public register must contain the following:

(a) for each development application (unless withdrawn)—

(i) the date the application was lodged; and

(ii) the applicant’s name; and

(iii) the location of the proposed development; and

(iv) a summary by the planning and land authority of the proposed development; and

(v) if the application has been, or is being, publicly notified under division 7.3.4; and

(vi) whether the application has been amended under section 141; and

(vii) if representations under section 153 (other than representations that have been withdrawn) have been received on the application; and

(viii) whether the application has been amended under section 191; and

(ix) if the Minister has decided under section 221 to establish a panel to conduct an inquiry about an EIS for the development proposal to which the application relates;

(b) if a development application has been decided under section 158—

(i) the date the application was decided; and

(ii) whether the application has been approved, approved subject to a condition or refused; and

(iii) whether the decision was made by the Minister after calling in the application under division 7.3.5; and

(iv) whether the decision on the application has been reconsidered under division 7.3.10; and

(v) whether the approval has been amended under section 191;

(c) for each controlled activity order while the order is in force—

(i) the place to which the order relates; and

(ii) the directions in the order (see s 351 (3)); and

(iii) the person to whom the order is directed;

(d) for each direction under section 359 to carry out rectification work while the direction is in force—

(i) the place where the work is to be carried out; and

(ii) the person directed to carry out the work;

(e) for each prohibition notice given under section 370 while the notice is in force—

(i) the place to which the notice relates; and

(ii) the person to whom the notice is given.

(2) The public register may contain any other information that the planning and land authority considers appropriate.

(3) However, the public register must not contain—

(a) associated documents for development applications, development approvals or leases; or

(b) the name of the applicant for a controlled activity order.

(4) To remove any doubt—

(a) if the planning and land authority approves an exclusion application under section 404 in relation to part of a document required to be included on the register, the part of the document must not be included in the register; and

(b) if a document required to be included on the register contains information (concerning information) that must not be made available to the public under section 405, the information must not be included in the register.

(1) The planning and land authority must ensure that, during business hours, the public register and associated documents are available for public inspection.

(2) The planning and land authority must allow people inspecting the public register and associated documents to make copies of, or take extracts from, the register and associated documents.

(1) For this part, each of the following is an associated document for a development application (other than an application that has been withdrawn):

(a) information required under section 136 (2) (c), (d) (i) or (e) (i) to accompany an application;

(b) an assessment required under section 136 (2) (d) (ii) or (g) to accompany the application;

(c) a completed EIS required under section 136 (2) (e) (ii) to accompany the application;

(d) a survey certificate required under section 136 (2) (i) to accompany the application;

(e) if the planning and land authority has asked for further information under section 138—information provided in accordance with the request;

(f) if the planning and land authority corrects the application under section 140—the notice of the correction (see s 140 (2));

(g) if the applicant has asked the authority to amend the development application under section 141—any document provided by the applicant to support the request;

(h) an agreement by an entity to the development proposed in the application (see s 145 (2) (b));

(i) if the application is referred to an entity under division 7.3.3—the advice of the entity in relation to the development application (see s 146 (2));

(j) if 1 or more representations have been made under section 153 about the application—each representation (other than a representation that has been withdrawn);

(k) if the Minister decides the application—the statement by the Minister in relation to the application presented to the Legislative Assembly under section 157 (2);

(l) the notice of the decision on the application given under division 7.3.8;

(m) if the applicant for the development application applies under section 185 for reconsideration of a decision to refuse to approve the development—any information included in the application;

(n) if the planning and land authority reconsiders a decision to refuse to approve the development—the notice of the decision on reconsideration under section 189;

(o) a plan, drawing or specification of a proposed building, structure or earthworks if the plan, drawing or specification—

(i) is part of the application (whether as originally made or as amended); or

(ii) is approved as part of the approval of the application under section 158; or

(iii) is required to be prepared by the applicant under a condition of an approval before the development, or a stated part it, starts;

(p) if a panel conducts an inquiry about an EIS for the development proposal to which the application relates—the report the panel gives the Minister under section 223 on the results of the inquiry.

Note Subsection (3) contains an exception to this subsection.

(2) For this part, each of the following is an associated document for a development approval:

(a) if the approval holder applies under section 185 for reconsideration of the decision to approve the development subject to conditions—any information included in the application;

(b) if the planning and land authority reconsiders the decision to approve the development subject to conditions—the notice of the decision on reconsideration under section 189;

(c) if the planning and land authority corrects the approval under section 190—the notice about the correction (see s 190 (2));

(d) if the approval holder has applied to amend the approval under section 191—any information included in the application;

(e) a plan, drawing or specification of a proposed building, structure or earthworks if the plan, drawing or specification is required to be prepared by the applicant under a condition of an approval before the development, or a stated part of it, starts.

(3) However, for this part, an associated document does not include—

(a) the plans, drawings or specifications of any residential part of a building or proposed building, other than plans, drawings or specifications that only show the height and external configuration of the building or proposed building; or

(b) information in relation to which an exclusion application has been approved under section 404; or

(c) information that must not be made available to the public under section 405.

The governance of territory authorities, including the land agency, is regulated by the Financial Management Act 1996 (the FMA), pt 9 as well as the Act that establishes them.

The FMA, pt 9 deals, for example, with the corporate status of territory authorities and their powers, the make-up of governing boards, the responsibilities of the governing board and board members, how governing board positions can be ended, meetings of governing boards and conflicts of interest.

The Land Development Agency (the land agency) is established.

(1) The land agency has the following functions:

(a) to develop land;

(b) to carry out works for the development and enhancement of land;

(c) to carry out strategic or complex urban development projects.

(2) The land agency may exercise any other function given to the land agency under this Act or another territory law.

(3) The land agency may exercise its functions—

(a) alone; or

(b) through subsidiaries, joint ventures or trusts; or

(c) by holding shares in, or other securities of, corporations.

(4) The land agency must exercise its functions—

(a) in accordance with the object of the territory plan; and

(b) in accordance with the latest statement of intent for the land agency.

Note 1 The land agency is required to prepare a statement of intent under the Financial Management Act 1996.

Note 2 For the object of the territory plan, see s 47.

Note 3 A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

The land agency must comply with directions given to the land agency under this Act or another territory law.

Note The Minister may give the land agency directions under s 36.

The land agency must not give a guarantee without the Treasurer’s written approval (see Financial Management Act 1996, s 60).

Consideration received by the land agency for the sale of a lease of land is income of the land agency.

(1) The Treasurer may, in writing, direct the land agency to pay to the Territory—

(a) the amount stated in the direction; or

(b) an amount calculated in the way stated in the direction.

(2) The Treasurer may also direct the land agency, in a direction under subsection (1) or another instrument, about—

(a) how to make the payment; and

(b) when to make the payment; and

(c) the conditions relating to payment.

(3) In giving a direction under subsection (1), the Treasurer must have regard to—

(a) the land agency’s assets and liabilities; and

(b) the land agency’s income and expenditure; and

(c) the land agency’s ability to exercise its functions; and

(d) the requirement that the Territory obtain a reasonable return from the development and disposal of land.

(4) The Treasurer must—

(a) present a copy of a direction under subsection (1) to the Legislative Assembly not later than 6 sitting days after the day it is given to the land agency; and

(b) if the copy would not be presented to the Legislative Assembly before the end of the period of 10 working days after the day the copy is given to the land agency—give a copy to the members of the Legislative Assembly before the end of the 10-day period.

(5) If subsection (4) is not complied with, the direction is taken to have been revoked at the end of the period when the copy of the direction should have been presented or given to members.

This Act does not exempt the land agency from liability for a tax under any other territory law.

(1) The Minister may give written directions to the land agency about the principles that are to govern the exercise of its functions.

(2) Before giving a direction, the Minister must—

(a) tell the land agency about the proposed direction; and

(b) give the land agency a reasonable opportunity to comment on the proposed direction; and

(c) consider any comments made by the land agency.

(3) A direction is a notifiable instrument.

Note  A notifiable instrument must be notified under the Legislation Act.

(4) A direction must be notified under the Legislation Act not later than 10 working days after the day it is made.

(5) If subsection (4) is not complied with, the direction is taken to have been revoked at the end of the 10 working days.

(1) The Territory must pay to the land agency the reasonable net cost of complying with a direction under section 36.

(2) The amount payable under subsection (1) is the amount agreed between the land agency and the Treasurer or, failing agreement, the amount decided by the Chief Minister.

(1) The land agency board—

(a) must establish an audit committee; and

(b) may establish any other committee; and

(c) may appoint land agency board members and other people to committees.

(2) However, the chief executive officer must not be appointed a member of the audit committee.

(3) Also, the chair of the audit committee must be a land agency board member.

(4) The procedures of a committee are decided by the land agency board or, if there is no relevant decision of the board, by the committee.

A report prepared by the land agency under the Annual Reports (Government Agencies) Act 2004 for a financial year must include—

(a) a copy of any direction given under section 36 (Ministerial directions to land agency) during the year; and

(b) a statement by the land agency about action taken during the year to give effect to any direction given (whether before or during the year) under that section.

Note Financial year has an extended meaning in the Annual Reports (Government Agencies) Act 2004, s 6.

The land agency may delegate its functions, including functions delegated to it by the authority, to the chief executive officer or a land agency staff member.

Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

The land agency has a governing board (the land agency board).

(1) The land agency board has at least 5, but not more than 8, members.

Note 1 A chair and deputy chair of the governing board must be appointed under the Financial Management Act 1996, s 79.

Note 2 The chief executive officer of the corporation is a member of the governing board (see Financial Management Act 1996, s 80 (4)).

(2) The Minister must try to ensure that the following disciplines and areas of expertise are represented among the members appointed:

(a) land development;

(b) landscape architecture;

(c) sustainable development;

(d) economics;

(e) public law;

(f) finance or accounting;

(g) public administration;

(h) engineering.

(3) The following people must not be appointed as members of the land agency board:

(a) the chief planning executive;

(b) a member of the planning and land authority staff.

(4) The appointment of a member, other than the chief executive officer, must be for a term of not longer than 4 years.

Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).

The land agency’s staff must be employed under the Public Sector Management Act 1994.

Note The Public Sector Management Act 1994, s 24 provides that the chief executive officer of a territory instrumentality has all the powers of a chief executive under the Act in relation to the instrumentality staff to be employed under that Act (including, for example, in relation to the appointment of people to, or the employment of people for, that staff). Under that Act, s 3, def chief executive officer, the chief executive officer of an instrumentality is the person who has responsibility for managing its affairs.

(1) The land agency may engage consultants.

(2) However, the land agency must not enter into a contract of employment under this section.

Fees may be determined under s 415 for provisions of this chapter.

If a form is approved under s 416 for a provision of this chapter, the form must be used.

Under this chapter, applications may be made, and notice may be given, electronically in certain circumstances (see the Electronic Transactions Act 2001).

There must be a territory plan that applies to the ACT.

Note The territory plan can be varied (see pt 5.3).

(1) The territory plan is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

(2) On application to the planning and land authority in writing, a person may obtain a certified copy of, or certified extract from, the territory plan.

Note Under the Evidence Act 1971, s 11 and s 12, a certified extract from a document admissible in a proceeding (for example, the territory plan) may be given in evidence to prove the contents of the document and a document purporting to be a certified copy of something is taken to be a certified copy of the thing unless it is proved not to be a certified copy of the thing.

The object of the territory plan is to ensure, in a manner not inconsistent with the national capital plan, the planning and development of the ACT provide the people of the ACT with an attractive, safe and efficient environment in which to live, work and have their recreation.

(1) The territory plan must give effect to its object in a way that gives effect to sustainability principles.

(2) The territory plan must set out the planning principles and policies, including policies that contribute to achieving a healthy environment in the ACT, for giving effect to its object.

The Territory, the Executive, a Minister or a territory authority must not do any act, or approve the doing of an act, that is inconsistent with the territory plan.

Note 1 The Territory, or a territory authority, is prevented from doing anything inconsistent with the national capital plan.

Note 2 The Territory, the Executive, a Minister or a territory authority are also prevented from doing anything inconsistent with some draft variations of the territory plan (see s 64 and s 70).

(1) The territory plan must include the following:

(a) a statement of strategic directions;

(b) objectives for each zone;

(c) development tables;

(d) codes;

(e) a map (the territory plan map).

Note For more about development tables, see s 53. For more about codes, see s 54. For more about a territory plan map, see s 55.

(2) The territory plan may, but need not—

(a) identify future urban areas and include the structure plans that apply to those areas; and

(b) identify areas of public land reserved in the plan (whether in a map or elsewhere in the plan) for a purpose mentioned in section 309 (Reserved areas—public land); and

(c) to give effect to the object of the plan—provide for other matters relevant to the exercise of the powers of the Territory, the Executive or a territory authority under a territory law; and

(d) include anything else relevant to the object of the territory plan.

(1) The statement of strategic directions in the territory plan may contain planning principles covering areas of national, regional and Territory interest, including principles for sustainable development.

(2) The function of the statement of strategic directions is to—

(a) contain broad strategic principles to guide long term planning for the ACT; and

(b) guide the preparation and making of variations to the territory plan; and

(c) guide environmental impact statements, planning reports and strategic environmental assessments.

(3) The statement of strategic directions in the territory plan should promote the planning strategy.

(1) The objectives for a zone set out the policy outcomes intended to be achieved by applying the applicable development table and code to the zone.

(2) Each objective for a zone must be consistent with the statement of strategic directions.

(1) A development table for a zone must set out—

(a) which assessment track applies to development proposals; and

(b) development that is exempt from requiring development approval; and

(c) development that is prohibited; and

(d) the code that development proposals must comply with.

(2) A development table may exempt a development proposal from requiring development approval subject to a condition.

A development proposal is exempt from requiring development approval if the building plans for the proposal comply with a code that applies to single residences in the development table that applies to the proposal.

Note 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).

(1) A code (other than a general code) in the territory plan must contain either or both of the following:

(a) the detailed rules (the code requirements) that apply to development proposals the code applies to;

(b) the criteria (the merit criteria) that apply to development proposals the code applies to, other than proposals in the code track.

(2) A code must be consistent with each objective for the zone to which the code relates.

(3) A code that sets out the requirements that apply to stated areas, or places, or states that it is a precinct code, is a precinct code.

Note A concept plan is a precinct code (see s 92 (b)).

(4) A code that sets out the requirements for types of development, or states that it is a development code, is a development code.

(5) A code that sets out rules applicable to the Territory, the Executive, a Minister or a territory authority, whether or not it also contains policies to be complied with, code requirements and merit criteria, is a general code.

The territory plan map must set out, in map-form, zones and precincts in the ACT.

The planning and land authority has obligations under the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth) in relation to the variation of the territory plan (see that Act, s 74 and s 75).

(1) A variation of the territory plan (other than a technical amendment) begins when—

(a) the planning and land authority prepares a draft plan variation (see s 59); or

(b) the Minister directs the authority to revise the territory plan or a provision of the plan (see s 13 (1) (b)).

Note For territory plan variations that are technical amendments, see pt 5.4 and pt 5.5.

(2) If the planning and land authority prepares a draft plan variation, the authority must prepare a consultation notice (see s 62) that invites comments on the draft plan variation and, when publicly notified, may give the draft plan variation interim effect (see s 63 and s 64).

(3) The planning and land authority—

(a) may revise or withdraw the draft plan variation after the end of public consultation (see s 67); and

(b) unless the variation is withdrawn, must—

(i) give the variation to the Minister for approval (see s 68); and

(ii) give notice that the variation and other documents are available for public inspection (see s 69).

(4) If notice is given of the draft plan variation’s availability for inspection, the draft plan variation notified may have interim effect (see s 70 and s 71).

(5) The Minister may, after receiving a committee report about the draft plan variation or in other circumstances, approve the plan variation, or take other action under section 75 (Minister’s powers in relation to draft plan variations).

(6) The Minister may revoke an approval of a draft plan variation before presenting the approved plan variation to the Legislative Assembly (see s 76), but otherwise must present the approved plan variation to the Legislative Assembly (see s 78).

(7) The Legislative Assembly may reject the plan variation (see s 79) but, if the plan variation, or a provision of the plan variation, is not rejected, the Minister must fix a day when the variation commences (see s 82).

(8) Different provisions apply to plan variations that are technical amendments (see s 86), including future urban areas (see pt 5.4 and pt 5.5, particularly s 94).

In this part:

background papers, in relation to a draft plan variation or plan variation—each of the following is a background paper in relation to the variation:

(a) an explanatory statement;

(b) a copy of—

(i) any relevant direction of the Minister; and

(ii) any comment during consultation under section 60 (b) on the proposed draft plan variation from which the draft plan variation or plan variation came; and

(iii) any relevant planning report or strategic environmental assessment;

(c) a statement, by the planning and land authority, of the reasons for any inconsistency between the draft plan and—

(i) a direction mentioned in paragraph (b) (i); or

(ii) a comment mentioned in paragraph (b) (ii); or

(iii) a recommendation in a relevant planning report or strategic environmental assessment;

(d) any other document—

(i) considered by the authority to be necessary or useful in explaining the variation; or

(ii) designated by the authority in writing as a background paper.

consultation comments, in relation to a draft plan variation—see section 62 (1) (b).

consultation notice, for a draft plan variation—see section 62 (1).

consultation period, for a draft plan variation—see section 62 (1) (a).

corresponding plan variation, for a draft plan variation, means the plan variation developed from the draft plan variation.

draft plan variation—see section 59.

plan variation means a draft plan variation approved by the Minister under section 75 (Minister’s powers in relation to draft plan variations).

public availability notice, for a draft plan variation—see section 69.

technical amendments—see section 86.

This part does not apply to technical amendments of the territory plan.

The planning and land authority may prepare a document (a draft plan variation) to vary the territory plan.

The planning and land authority must, in preparing a draft plan variation under section 59—

(a) tell the Minister in writing that the authority is preparing a draft plan variation; and

(b) consult with each of the following in relation to the proposed draft plan variation:

(i) the national capital authority;

(ii) the conservator of flora and fauna;

(iii) the environment protection authority;

(iv) the heritage council;

(v) if the draft plan variation would, if made, be likely to affect unleased land or leased public land—each custodian for the land likely to be affected; and

(c) consider any relevant planning report or strategic environmental assessment; and

Note The planning and land authority may prepare a planning report or strategic environmental assessment in relation to the proposed draft plan variation (see s 97 and s 99).

(d) if the draft plan variation would, if made, vary the statement of strategic directions—consider whether the draft plan variation, if made, would promote the planning strategy.

(1) This section applies if the authority tells the Minister under section 60 that the authority is preparing a draft plan variation.

(2) The Minister may direct the planning and land authority to do 1 or both of the following:

(a) to prepare a planning report or strategic environmental assessment in relation to the draft plan variation that the authority is preparing;

(b) to tell the Minister when the draft plan variation being prepared is ready to be notified under section 62.

(3) To remove any doubt, the validity of a corresponding plan variation for a draft plan variation is not affected by a failure to comply with subsection (2) (b) in relation to the draft plan variation.

(1) Before giving a draft plan variation to the Minister for approval under section 68, the planning and land authority must prepare a notice (a consultation notice)—

(a) stating that copies of the draft plan variation and the background papers are available for public inspection and purchase during a stated period of not less than 15 working days (the consultation period) at stated places; and

(b) inviting people to give written comments (consultation comments) about the draft plan variation to the authority at a stated address during the consultation period; and

(c) stating that copies of written comments about the draft plan variation, given in response to the invitation in paragraph (b) or otherwise, or received from the national capital authority, will be made available (unless exempted) for public inspection for a period of at least 15 working days starting on the day after the day the consultation period ends, at stated places; and

(d) that complies with section 63.

(2) The planning and land authority may (by an extension notice), extend or further extend the consultation period.

Note The planning and land authority may extend the consultation period after the end of the period being extended (see Legislation Act, s 151C (3)).

(3) The following are notifiable instruments:

(a) the consultation notice;

(b) any extension notice.

Note  A notifiable instrument must be notified under the Legislation Act.

(4) The planning and land authority must also publish the consultation notice and any extension notice in a daily newspaper.

Note The planning and land authority must make copies of the draft plan variation and background papers mentioned in the consultation notice available (see s 65).

(5) This section does not apply in relation to a draft plan variation that has been revised by the planning and land authority in accordance with a direction under section 75 (3) (b) (Minister’s powers in relation to draft plan variations).

(1) A consultation notice must state—

(a) whether or not section 64 applies in relation to the draft plan variation, or part of the draft variation; and

(b) where further information about the draft plan variation can be found.

(2) A consultation notice that states that section 64 applies—

(a) must also state the effect of section 64; and

(b) may also state, for section 64 (2), a period not longer than 1 year that is the maximum period during which the draft variation, or part, is to have interim effect.

(1) This section applies to a draft plan variation if a consultation notice states that it applies.

(2) The Territory, the Executive, a Minister or a territory authority must not, during the defined period or a period stated in the consultation notice, whichever is shorter, do or approve the doing of anything that would be inconsistent with the territory plan if it were varied in accordance with the draft plan variation.

Note The Territory, the Executive, a Minister or a territory authority must also not do anything that is inconsistent with the territory plan (see s 49).

(3) In this section:

defined period, for a draft plan variation, means the period—

(a) starting on the day (the notification day) when the consultation notice for the draft plan variation is notified under the Legislation Act (see s 62); and

(b) ending on the day the earliest of the following happens:

(i) the day the public availability notice under section 69 for the draft plan variation is notified in accordance with the Legislation Act;

(ii) the day the draft variation, or the corresponding plan variation, is withdrawn under section 67 (1) (b) or section 75 (3) (b) (v);

(iii) the period of 1 year after the notification day ends.

draft plan variation includes a provision of a draft plan variation.

(1) The planning and land authority must make copies of the draft plan variation and the background papers mentioned in a consultation notice available for public inspection and purchase during office hours during the consultation period and at the places stated in the consultation notice.

(2) If, in the planning and land authority’s opinion, it would not be in the public interest for part of the draft plan variation or of any background paper to be published, the authority must exclude that part from each copy of the document made available under subsection (1).

(3) If part of a draft plan variation or a background paper is excluded under subsection (2), each copy of the document made available for public inspection and purchase under subsection (1) must include a statement to the effect that an unmentioned part of the document has been excluded in the public interest.

The planning and land authority must make copies of any consultation comments made on a draft plan variation available for public inspection during office hours during the period, and at the places, mentioned in the consultation notice for the draft plan variation.

Note This section is subject to s 404 and s 405.

(1) After the end of the consultation period for a draft plan variation, the planning and land authority may—

(a) revise the draft plan variation; or

(b) withdraw the draft plan variation.

(2) The withdrawal of a draft plan variation must include a statement of the effect of section 64 (Effect of draft plan variations publicly notified) in relation to the withdrawal.

(3) The withdrawal of a draft plan variation is a notifiable instrument.

Note  A notifiable instrument must be notified under the Legislation Act.

(4) The planning and land authority must also publish the withdrawal of a draft plan variation in a daily newspaper on the same day, or as soon as practicable after, the authority prepares the withdrawal.

(5) In revising or withdrawing a draft plan variation under subsection (1), the planning and land authority must consider written comments (including consultation comments) about the draft variation received from any entity, including the national capital authority.

(6) In addition to its power under subsection (1), the planning and land authority may, at any time before a draft plan variation is given, or given again, to the Minister, revise the variation to correct a formal error.

(1) This section applies to a draft plan variation—

(a) if—

(i) the consultation period for the variation has ended; and

(ii) the planning and land authority has not withdrawn the variation under section 67; and

(b) if the draft plan variation has been varied under section 67—as varied under section 67.

(2) The planning and land authority must give the draft plan variation to the Minister for approval, together with—

(a) the background papers relating to the variation; and

(b) a written report setting out the issues raised in any written comments (including consultation comments) about the variation; and

(c) a written report about the authority’s consultation with—

(i) the public; and

(ii) the national capital authority; and

(iii) the conservator of flora and fauna; and

(iv) the environment protection authority; and

(v) the heritage council; and

(vi) if the draft plan variation would, if made, be likely to affect unleased land or leased public land—each custodian for the land likely to be affected; and

(d) a copy of any written document given to the Minister by the national capital authority in relation to the draft plan variation.

Note The Minister must give a copy of the documents given to the Minister under this section to a committee of the Legislative Assembly (see s 72).

(1) The planning and land authority must prepare a notice (a public availability notice) stating that the documents mentioned in section 68 (2) (including the draft plan variation) are available for public inspection.

(2) A public availability notice is a notifiable instrument.

Note  A notifiable instrument must be notified under the Legislation Act.

(3) The planning and land authority must also publish a public availability notice in a daily newspaper.

(4) The planning and land authority must make copies of the documents mentioned in section 68 (2) available for public inspection during office hours during the period, and at the places, stated in the public availability notice.

(1) A public availability notice must state—

(a) whether or not section 71 applies in relation to the draft plan variation, or part of the draft variation; and

(b) where further information about the draft plan variation can be found.

(2) A public availability notice that states that section 71 applies must also state the effect of section 71.

(1) This section applies to a draft plan variation if a public availability notice states that it applies.

(2) The Territory, the Executive, a Minister or a territory authority must not, during the defined period, do or approve the doing of anything that would be inconsistent with the territory plan if it were varied in accordance with the draft plan variation.

Note The Territory, the Executive, a Minister or a territory authority must also not do anything that is inconsistent with the territory plan (see s 49).

(3) In this section:

defined period, for a draft plan variation, means the period—

(a) starting on the day (the notification day) when the draft plan variation given to the Minister is notified under the Legislation Act (see s 69); and

(b) ending on the earliest of the following days:

(i) the day the corresponding plan variation, or part of it, commences;

(ii) the day the corresponding plan variation is rejected by the Legislative Assembly;

(iii) the day the corresponding plan variation is withdrawn in accordance with a requirement under section 75 (3) (b) (v) or section 83 (3) (b);

(iv) the period of 1 year after notification day ends.

draft plan variation includes a provision of a draft plan variation.

(1) This section applies if the Minister is given a draft plan variation under section 68.

(2) The Minister may, not later than 20 working days after the day the Minister receives the draft plan variation, refer the draft plan variation documents to an appropriate committee of the Legislative Assembly together with a request that the committee report on the draft plan variation to the Legislative Assembly.

(3) To remove any doubt, if the Minister does not refer a draft plan variation to an appropriate committee of the Legislative Assembly, the committee is not prevented from considering the draft plan variation documents if the draft plan variation is otherwise referred to the committee.

(4) In this section:

draft plan variation documents means—

(a) the draft plan variation; and

(b) the documents mentioned in section 68 (2) that relate to the draft plan variation.

(1) This section applies if the Minister has referred a draft plan variation to a committee of the Legislative Assembly under section 72.

(2) The Minister—

(a) unless section 74 applies, must not take action under section 75 in relation to the draft plan variation until the committee of the Legislative Assembly has reported on the variation; and

(b) after the committee reports on the variation—must take action under section 75 in relation to the variation.

(1) This section applies if—

(a) the Minister has referred a draft plan variation to a committee of the Legislative Assembly under section 72; and

(b) the committee has not reported on the variation by the end of the period of 6 months starting on the day after the day the variation is referred.

(2) The Minister may take action under section 75 in relation to the draft plan variation, even though the committee of the Legislative Assembly has not reported on the variation.

(1) This section applies if—

(a) the Minister is given a draft plan variation under section 68 or section 77 (3) or (4); or

(b) the Minister revokes the approval of a plan variation (see s 76).

(2) However, this section does not apply if—

(a) a draft plan variation has been referred to an appropriate committee of the Legislative Assembly (other than under section 72); and

(b) either—

(i) the committee has not reported on the draft plan variation; or

(ii) the committee has reported, but the Minister has not considered the report.

(3) The Minister must—

(a) approve the draft plan variation in the form given; or

(b) return the draft plan variation to the planning and land authority and direct the authority to do 1 or more of the following:

(i) conduct further stated consultation;

(ii) consider any relevant planning report or strategic environmental assessment;

(iii) consider any revision suggested by the Minister;

(iv) revise the draft plan variation in a stated way;

(v) withdraw the draft plan variation.

(4) Before taking action under subsection (3), the Minister must consider—

(a) any recommendation made by a committee of the Legislative Assembly in relation to the draft variation, or related documents, referred to the committee under section 72 or otherwise; and

(b) if the draft plan variation would, if made, vary the statement of strategic directions—whether the variation would promote the planning strategy.

(5) The following are notifiable instruments:

(a) a direction under subsection (3) (b);

(b) the withdrawal of a draft plan variation by the planning and land authority as directed under subsection (3) (b) (v).

Note  A notifiable instrument must be notified under the Legislation Act.

(6) The planning and land authority must also publish the withdrawal of a draft plan variation as directed under subsection (3) (b) (v) in a daily newspaper on the same day, or as soon as practicable after, the withdrawal is notified under the Legislation Act.

(1) This section applies if—

(a) the Minister has approved a draft plan variation under section 75 (3) (a); and

(b) the plan variation has not been presented to the Legislative Assembly.

(2) The Minister may revoke the approval and return the plan variation to the planning and land authority.

(3) A plan variation returned to the planning and land authority under this section must be treated by the Minister as a draft plan variation to which section 75 applies.

(1) This section applies if the Minister returns a draft plan variation to the planning and land authority with a direction under section 75 (3) (b).

(2) The planning and land authority must comply with each direction.

(3) If the direction is given under section 75 (3) (b) (i), (ii) or (iii), the planning and land authority may revise the draft variation and give it to the Minister for approval with a written report about—

(a) the authority’s compliance with the Minister’s direction; and

(b) any further revision of the draft variation under section 67 (6).

(4) If the direction is given under section 75 (3) (b) (iv), the planning and land authority must give the Minister the draft variation, as revised in accordance with the direction, together with a written report about any further revision of the draft variation under section 67 (6).

(1) The Minister must present to the Legislative Assembly, not later than 5 sitting days after the day the Minister approves a plan variation, copies of each the following:

(a) the plan variation;

(b) the background papers relating to the variation;

(c) any report mentioned in section 77 (3) or (4).

(2) Subsection (1) is subject to section 76 (Minister may revoke approval of draft plan variations before presentation).

(3) If a plan variation is not presented to the Legislative Assembly in accordance with subsection (1), the plan variation does not come into effect.

(1) The Legislative Assembly may by resolution reject a plan variation, or a provision of the plan variation, presented to the Assembly.

(2) Notice (a rejection notice) of a motion to reject the plan variation or a provision of the plan variation must be given not later than 5 sitting days after the day the plan variation is presented to the Legislative Assembly.

(3) The plan variation or provision stated in a rejection notice given in accordance with subsection (2) is taken to have been rejected by the Legislative Assembly if, at the end of 5 sitting days after the day the rejection notice has been given in the Legislative Assembly—

(a) the motion has not been called on; or

(b) the motion has been called on and moved and has not been withdrawn or otherwise disposed of.

(1) This section applies if, before the end of 5 sitting days after the day a rejection notice has been given in the Legislative Assembly in accordance with section 79 (2)—

(a) the Legislative Assembly is dissolved or expires; and

(b) at the time of dissolution or expiry—

(i) the notice has not been withdrawn and the motion has not been called on; or

(ii) the motion has been called on and moved and has not been withdrawn or otherwise disposed of.

(2) If this section applies, the plan variation is taken, for section 79 (2) and (3), to have been presented to the Legislative Assembly on the first sitting day of the Legislative Assembly after the next general election of members of the Assembly.

(1) This section applies if a plan variation is completely rejected under section 79 (1), or taken to be completely rejected under section 79 (3).

(2) The plan variation does not come into force if this section applies.

Note The interim effect of the draft plan variation also ends (see s 71 (3), def defined period, par (b) (ii)).

(3) The planning and land authority must prepare a notice stating that the plan variation has been rejected.

(4) The notice is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

(5) The planning and land authority must also publish the notice in a daily newspaper on the same day, or as soon as practicable after, the rejection is notified under the Legislation Act.

(1) This section applies if—

(a) at the end of 5 sitting days after the day a plan variation is presented to the Legislative Assembly, the Assembly has not passed a resolution rejecting the variation or any provision of it; and

(b) the plan variation, or a provision of the plan variation, is not taken to have been rejected under section 79 (3).

(2) The Minister must fix a day when the plan variation is to commence.

Note 1 An instrument under this subsection is a commencement notice (see Legislation Act, s 11). A commencement notice must be notified under the Legislation Act. The plan variation commences in accordance with the commencement notice.

Note 2 On commencement, a plan variation varies the territory plan according to its terms.

(3) The planning and land authority must publish in a daily newspaper details of—

(a) the commencement notice under subsection (2); and

(b) where copies of the plan variation may be inspected or purchased.

(4) The planning and land authority must make copies of the plan variation available for inspection or purchase during office hours at the places, and during the period, published in the newspaper under subsection (3) (b).

(1) This section applies if a plan variation is partly rejected under section 79 (1) (Assembly may reject plan variations completely or partly), or taken to be partly rejected under section 79 (3).

(2) A provision of a plan variation does not come into force if—

(a) it is rejected, or taken to be rejected, by the Legislative Assembly under section 79 (1) or (3); or

(b) it is withdrawn under subsection (3) (b).

(3) The Minister must, in relation to each provision of the plan variation that is not rejected—

(a) fix a day when the provision (an approved provision) is to commence; or

(b) withdraw the provision.

Note 1 An instrument under par (a) is a commencement notice (see Legislation Act, s 11). A commencement notice must be notified under the Legislation Act.

Note 2 On commencement, a provision of a plan variation varies the territory plan according to its terms.

(4) A withdrawal under subsection (3) (b) is a notifiable instrument.

Note  A notifiable instrument must be notified under the Legislation Act.

(1) The planning and land authority must publish in a daily newspaper details of—

(a) a commencement notice under section 83 (3) (a) for a provision (an approved provision); or

(b) a withdrawal notice under section 83 (3) (b).

(2) The details of a commencement notice published under subsection (1) (a) for an approved provision must include details of where, and for what period, copies of the provision may be inspected or purchased.

(3) The planning and land authority must make copies of each approved provision available for inspection or purchase during office hours at the place or places, and during the period, published in the newspaper under subsection (2).

In this part:

code variation—see section 86 (b).

error variation—see section 86 (a).

limited consultation means consultation under section 89.

technical amendment—see section 86.

Each of the following territory plan variations is a technical amendment:

(a) a variation (an error variation) that—

(i) would not adversely affect anyone’s rights if approved; and

(ii) has as its only object the correction of a formal error in the plan;

(b) a variation (a code variation) that—

(i) would only change a code; and

(ii) is consistent with the policy purpose and policy framework of the code; and

(iii) is not an error variation;

(c) a variation in relation to a future urban area under section 94 (Rezoning—future urban areas) or section 95 (When land ceases to be in future urban area);

(d) a variation required to bring the territory plan into line with the national capital plan after a change to the national capital plan.

(1) Only limited consultation is needed for the following technical amendments:

(a) a code variation;

(b) a variation in relation to a future urban area under section 94 (Rezoning—future urban areas).

(2) A technical amendment, other than a technical amendment for which limited consultation is needed, does not need any consultation before it is made under section 88.

(1) This section applies if—

(a) the planning and land authority is satisfied that a plan variation would, if made, be a technical amendment; and

(b) for a technical amendment for which limited consultation is needed—the limited consultation has taken place.

(2) The planning and land authority may put the plan variation in writing.

(3) The plan variation is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

(4) The planning and land authority must fix a day when the plan variation is to commence.

Note 1 An instrument under this subsection is a commencement notice (see Legislation Act, s 11). A commencement notice must be notified under the Legislation Act. The plan variation commences in accordance with the commencement notice.

Note 2 On commencement, a plan variation varies the territory plan according to its terms.

(5) Not later than 5 working days after the day the plan variation is notified under the Legislation Act, the planning and land authority must publish a notice in a daily newspaper that—

(a) describes the variation; and

(b) states the date of effect of the variation; and

(c) if the authority considers it necessary or helpful—states where the plan variation and information about the plan variation is available for inspection.

(1) The planning and land authority undertakes limited consultation for a proposed technical amendment if the authority complies with this section in relation to the amendment.

(2) The planning and land authority must publish a notice in a daily newspaper that—

(a) describes the proposed technical amendment; and

(b) states where a copy of the proposed plan variation and information about the amendment is available for inspection; and

(c) states how and when representations may be made on the amendment.

(3) The period stated under subsection (2) (c) for making representations must be at least 15 working days.

(4) The planning and land authority must tell the national capital authority about the proposed technical amendment.

(5) The planning and land authority must consider—

(a) any representation made in accordance with the notice under subsection (2); and

(b) any views of the national capital authority.

The territory plan may be varied under part 5.3 to include a structure plan.

A structure plan sets out principles and policies for development of the future urban areas.

Note 1 Future urban areas may be identified in the territory plan (see s 50 (2) (a)).

Note 2 Certain development may be prohibited in future urban areas (see s 133).

A concept plan—

(a) applies the principles and policies in the structure plan to future urban areas; and

(b) is a precinct code in the territory plan (see s 54 (3)) that guides—

(i) the preparation and assessment of development in future urban areas to which the concept plan relates; and

(ii) assessment of development when the areas cease to be future urban areas.

(1) An estate development plan, for an estate, sets out the proposed development of the estate in a way that is consistent with—

(a) the concept plan for the area where the estate is; and

(b) any other code that applies to the estate.

(2) An estate development plan must contain—

(a) the block boundaries for individual blocks proposed for inside the estate and the boundaries proposed for the whole estate; and

(b) the zones proposed for the estate, and any existing zones that are to continue to apply.

(3) An estate development plan may include the following for the estate:

(a) design and construction requirements for roads;

(b) design and construction requirements for infrastructure works and landscaping;

(c) particular areas for particular detailed purposes;

(d) building envelopes;

(e) a tree management plan;

(f) design and construction requirements for reticulated services;

(g) design and construction requirements for works on proposed public land.

An area zoned for community purposes may be stated in an estate development plan to be proposed for a primary school.

Note 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).

(1) The planning and land authority may vary the territory plan under section 88 (Making technical amendments) to rezone land in a future urban area unless the rezoning is inconsistent with the principles and policies in the structure plan for the area.

(2) The planning and land authority may vary the territory plan under section 88 to change the boundary of a future urban area if the change is—

(a) consistent with the structure plan for the area; and

(b) necessary to prevent the boundary intruding on leased land other than as intended.

(1) This section applies to an area of land dealt with by an estate development plan if the plan is approved under a development application.

(2) The planning and land authority must, within a reasonable time after the approval of the estate development plan, vary the territory plan under section 88 (Making technical amendments) to—

(a) identify the zones that will apply to the land, consistent with the estate development plan; and

(b) incorporate any other element of the estate development plan that the estate development plan indicates should be ongoing.

(3) A variation of the territory plan under subsection (2) has the effect that the land dealt with by the estate development plan ceases to be in a future urban area.

(1) A planning report is a report prepared to inform a decision to be made under this Act, for example, whether to grant a lease or prepare a variation (other than a major variation) to the territory plan.

Note 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).

(2) A regulation may prescribe what must be included in a planning report.

(3) In this section:

major variation, of the territory plan, means a variation that would, because of its scope or significance to the ACT, be more appropriately assessed by a strategic environmental assessment.

(1) The planning and land authority must prepare a planning report if the Minister directs the authority to prepare a planning report in accordance with this Act.

Note The Minister may direct the planning and land authority to prepare a planning report under s 61 and s 238 (2).

(2) The planning and land authority may prepare a planning report if satisfied that it is necessary or convenient to do so in relation to a matter relevant to the object of this Act.

A strategic environmental assessment is a comprehensive environmental assessment, suited to proposals in relation to major policy matters rather than individual development proposals.

1 major land use policy initiative

2 major plan variation

Note 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).

(1) The planning and land authority must prepare a strategic environmental assessment if the Minister directs the authority to prepare the assessment in relation to a matter relevant to the object of this Act or this Act otherwise requires the authority to prepare an assessment.

Note The Minister may direct the planning and land authority to prepare a strategic environmental assessment under s 61 (2) (a). The authority is required to prepare an assessment under s 102 (2).

(2) The planning and land authority may prepare a strategic environmental assessment if satisfied that it is necessary or convenient to do so in relation to a matter relevant to the object of this Act.

A regulation may prescribe—

(a) how a strategic environmental assessment must or may be developed; and

(b) what a strategic environmental assessment must or may contain; and

(c) how recommendations made in a strategic environmental assessment are to be weighed in making any decision in relation to the matter assessed.

(1) The planning and land authority must, at least once every 5 years, consider whether the territory plan should be reviewed.

Note The planning and land authority must review the territory plan if directed to do so by the Minister (see s 13 (1) (b) and s 12) or if the authority decides the plan should be reviewed (see s 102).

(2) In deciding whether the territory plan should be reviewed, the planning and land authority must consider whether the territory plan—

(a) is consistent with the object of this Act; and

(b) is consistent with its object; and

(c) gives effect to its object in a way that is not inconsistent with the national capital plan; and

(d) gives effect to its object in a way that gives effect to sustainability principles; and

(e) promotes the planning strategy; and

(f) meets current community and building industry expectations.

(3) After the planning and land authority considers whether the territory plan should be reviewed, the authority must prepare a notice stating—

(a) that the authority has considered whether the plan should be reviewed; and

(b) the authority’s decision on whether the plan should be reviewed; and

(c) the date of the authority’s decision.

(4) A notice under subsection (3) is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

(5) To remove any doubt—

(a) the planning and land authority need not undertake a review of the territory plan unless—

(i) the authority decides a review is necessary; or

(ii) the Minister directs the authority to review the plan (see s 13 (1) (b)); and

(b) a decision under this section not to review the territory plan does not affect the authority’s function of continually reviewing the territory plan.

(1) This section applies if the planning and land authority decides under section 101 that the territory plan should be reviewed.

(2) The planning and land authority must review the territory plan and, for that purpose, must prepare a strategic environmental assessment in relation to the review.

Note Requirements for strategic environmental assessments are dealt with in pt 5.6.

(3) After reviewing the territory plan, the planning and land authority must prepare a notice stating—

(a) that the authority has reviewed the plan; and

(b) the authority’s findings on the review.

(4) The planning and land authority must give the notice under subsection (3) to the Minister.

(5) A notice under subsection (3) is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

(1) The validity of a provision of the territory plan must not be questioned in any legal proceeding other than a proceeding begun not later than 3 months after the day the provision, or a variation of the provision, commenced.

(2) The validity of a provision of the territory plan must not be questioned in any legal proceeding only because—

(a) the territory plan variation that inserted or varied the provision was inconsistent with the planning strategy; or

(b) a draft plan variation that became the territory plan variation that inserted or varied the provision was inconsistent with the planning strategy; or

(c) the provision, or part of it, is or was inconsistent with the planning strategy.

The Executive must make a planning strategy for the ACT that sets out long term planning policy and goals to promote the orderly and sustainable development of the ACT, consistent with the social, environmental and economic aspirations of the people of the ACT.

The planning strategy is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

The main object of the planning strategy is to promote the orderly and sustainable development of the ACT, consistent with the social, environmental and economic aspirations of the people of the ACT in accordance with sound financial principles.

(1) The planning strategy may be used to develop the statement of strategic directions in the territory plan.

(2) The planning strategy is not part of, and does not affect, the territory plan.

(1) The planning strategy must be considered by—

(a) the planning and land authority under section 60 and section 101 (2) (e); and

(b) the Minister under section 75; and

(c) the Executive under section 109.

(2) The planning strategy is not a relevant consideration by the planning and land authority, the Minister or another entity, except as provided by subsection (1).

(3) Without limiting subsection (2), the planning strategy is not a relevant consideration for a decision under the following provisions:

(a) chapter 7 (Development approvals);

(b) chapter 8 (Environmental impact statements and inquiries);

(c) chapter 9 (Leases and licences);

(d) chapter 10 (Management of public land);

(e) chapter 11 (Controlled activities).

(4) The planning strategy must not be considered by—

(a) the planning and land authority, the Minister or any other entity, in the exercise of a function under this Act, except as provided under subsection (1); or

(b) a court in a proceeding on a decision made by the Minister, the authority or any other entity.

(5) In this section:

court includes a tribunal, authority or person with power to require the production of documents or the answering of questions.

(1) The Executive must, at least once every 5 years, consider whether the planning strategy should be reviewed.

(2) In deciding whether the planning strategy should be reviewed, the Executive must consider whether the planning strategy is consistent with its main object.

Note For the main object of the planning strategy, see s 106.

(3) After the Executive considers whether the planning strategy should be reviewed, the Executive must prepare a notice stating—

(a) that the Executive has considered whether the planning strategy should be reviewed; and

(b) the Executive’s decision on whether the planning strategy should be reviewed; and

(c) the date of the Executive’s decision.

(4) A notice under subsection (3) is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

(5) To remove any doubt, the Executive is not required to undertake a review of the planning strategy.

If the Executive decides under section 109 that the planning strategy should be reviewed, the Executive must arrange for the planning strategy to be reviewed.

Fees may be determined under s 415 for provisions of this chapter.

If a form is approved under s 416 for a provision of this chapter, the form must be used.

Under this chapter, applications may be made, and notice may be given, electronically in certain circumstances (see the Electronic Transactions Act 2001).

(1) This chapter describes the assessment tracks that are to be followed for assessment of different kinds of development proposals.

(2) The assessment tracks are as follows:

(a) code track (for development proposals that can be assessed using code requirements in the code that applies to the proposals);

1 large pergola

2 below ground swimming pool

3 dual occupancy proposal

4 house extension

(b) merit track (for development proposals that can be assessed using the code requirements and merit criteria in the code that applies to the proposals);

1 childcare centre in residential area

2 gymnasium in commercial area

3 apartment in commercial area

(c) impact track (for development proposals that can be assessed using the code requirements and merit criteria in the code that applies to the proposals, relevant environmental impact statements and the statement of strategic directions).

1 constructing a major dam

2 constructing a major road, light rail line or other linear transport corridor

3 clearing a significant area of native vegetation

(3) This chapter also sets out—

(a) when a development (an exempt development) may be undertaken without development approval; and

(b) when a development (a prohibited development) must not be undertaken.

1 single residence in new housing area

2 small shed

1 a paint factory in a residential area

2 commercial office accommodation in a suburban area

(1) A person who has a development proposal may apply to the planning and land authority for approval to undertake the development proposed.

(2) If an assessment track applies to a development proposal, the proposal is in that assessment track and that track must be followed in assessing the development application for the proposal.

(1) The development table sets out the criteria to allow the assessment track for a development application for a development proposal to be worked out.

(2) If a development proposal is in an assessment track, the proposal must be assessed in that assessment track unless—

(a) the Minister makes a declaration under section 123 (Minister may declare impact track applicable) in relation to the proposal; or

(b) section 124 (Declaration by Public Health Act Minister affects assessment track) applies the impact track to the development.

(1) This section applies in relation to an application for development approval for a development proposal if—

(a) 2 or more codes apply to the proposal; and

(b) the relevant code requirements for the proposal are inconsistent.

(2) If the relevant code requirements of a precinct code and either a development code or a general code are inconsistent, the relevant code requirements of the precinct code apply to the development proposal and not the relevant code requirements of the development code or general code, to the extent of the inconsistency.

(3) If the relevant code requirements of a development code and a general code are inconsistent, the relevant code requirements of the development code apply to the development proposal and not the relevant code requirements of the general code, to the extent of the inconsistency.

(4) If the relevant code requirements of 2 or more precinct codes, development codes or general codes are inconsistent, the relevant code requirements of the more recent code apply to the development approval and not the relevant code requirements of the earlier code, to the extent of the inconsistency.

(5) To remove any doubt, a relevant code requirement is not inconsistent with the code requirements of another code only because one code deals with a matter and the other does not.

Development approval must be given for a development proposal on application if—

(a) the proposal is in the code track; and

(b) the proposal complies with the relevant code requirements.

Note 1 Code requirements—see s 54.

Note 2 Relevant code requirements—see the dictionary.

To remove any doubt—

(a) there is no requirement to publicly notify a development proposal in the code track; and

(b) there is only a right of review under chapter 13 for a decision in relation to a development proposal in the code track by the applicant if the development application for the proposal is approved subject to a condition; and

(c) there is no referral under division 7.3.3 (Referral of development applications) of a development application for a development proposal in the code track; and

(d) a decision to refuse a development application for a development proposal in the code track may not be reconsidered under division 7.3.10.

A development application for a development proposal in the code track must be decided under section 158 (Deciding development applications) not later than 20 working days after the day the application is made to the planning and land authority.

(1) Development approval must not be given for a development proposal in the merit track unless the proposal is consistent with—

(a) the relevant code; and

(b) if the proposed development relates to land comprised in a rural lease—any land management agreement for the land; and

(c) if the proposed development will affect a registered tree or declared site—the advice of the conservator of flora and fauna in relation to the proposal.

Note 1 An application cannot be approved if it is inconsistent with the territory plan (see s 49) or the National Capital Plan (see Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth), s 11).

Note 2 Relevant code—see the dictionary.

(2) Also, development approval must not be given for a development proposal in the merit track if approval would be inconsistent with any advice given by an entity to which the application was referred under division 7.3.3 unless the person deciding the application is satisfied that—

(a) the following have been considered:

(i) any applicable guidelines;

(ii) any realistic alternative to the proposed development, or relevant aspects of it; and

(b) the decision is consistent with the objects of the territory plan.

(3) To remove any doubt, if a proposed development will affect a registered tree or declared site—

(a) the person deciding the development application for the proposed development must not approve the application unless the approval is consistent with the advice of the conservator of flora and fauna in relation to the proposal; and

(b) subsection (2) does not apply in relation to the conservator’s advice.

In deciding a development application for a development proposal in the merit track, the decision-maker must consider the following:

(a) the objectives for the zone in which the development is proposed to take place;

(b) the suitability of the land where the development is proposed to take place for a development of the kind proposed;

(c) each representation received by the authority in relation to the application that has not been withdrawn;

(d) if an entity gave advice on the application in accordance with section 146 (Requirement to give advice in relation to development applications)—the entity’s advice;

(e) if the proposed development relates to land that is public land—the plan of management for the land;

(f) the probable impact of the proposed development, including the nature, extent and significance of probable environmental impacts.

If a development proposal is in the merit track, the application for development approval for the proposal must be publicly notified under division 7.3.4 and there may be a right of review under chapter 13 in relation to a decision on the application.

A development application for a development proposal in the merit track must be decided under section 158 (Deciding development applications) not later than—

(a) if no representation is made in relation to the proposal—30 working days after the day the application is made to the planning and land authority; or

(b) in any other case—45 working days after the day the application is made to the authority.

The impact track applies to a development proposal if—

(a) the relevant development table states that the impact track applies; or

(b) the proposal is of a kind mentioned in schedule 4; or

(c) the Minister makes a declaration under section 123 in relation to the proposal; or

(d) section 124 (Declaration by Public Health Act Minister affects assessment track) or section 131 (Impact track applicable to development proposals not otherwise provided for) provides that the impact track applies to the proposal.

(1) The Minister may, in writing, declare that the impact track applies to a development proposal.

(2) However, the Minister must not make a declaration under subsection (1) in relation to a development proposal unless satisfied on reasonable grounds that there is a risk of significant adverse environmental impact from the development proposed.

(3) For subsection (2), it does not matter whether the adverse environmental impact from the development is likely to occur on the site of the development or elsewhere.

(4) For subsection (2)—

(a) an adverse environmental impact is significant if—

(i) the environmental function, system, value or entity that might be adversely impacted by the development proposed is significant; or

(ii) the cumulative or incremental effect of the development proposed might contribute to a substantial adverse impact on an environmental function, system, value or entity; and

(b) in deciding whether an adverse environmental impact is significant, the Minister must consider the following:

(i) the kind, size, frequency, intensity, scope and length of time of the impact;

(ii) the sensitivity, resilience and rarity of the environmental function, system, value or entity likely to be affected.

Note The Minister may publish guidelines about how the Minister will exercise power under this section (see s 412).

(1) This section applies if—

(a) the Minister responsible for the Public Health Act 1997, section 134 (Development approvals under Planning and Development Act, s 117) makes a declaration for this section in relation to a development application for a development proposal; and

(b) the application is publicly notified; and

(c) the declaration is made during the public consultation period for the application.

Note A development application in the code track will never be publicly notified.

(2) The impact track applies to the development proposal.

(1) This section applies to a development application if, after the application is made—

(a) either—

(i) the Minister makes a declaration under section 123 in relation to the proposal; or

(ii) section 124 applies in relation to the proposal; and

(b) the application does not satisfy the requirements for an application in the impact track.

(2) The development application is, by force of this section, taken to have been withdrawn.

(3) The planning and land authority must give the applicant notice of the effect of this section.

A development application for a development proposal in the impact track must include a completed EIS in relation to the proposal unless the application is exempted by the Minister under section 205.

Note 1 Requirements for development applications are dealt with in div 7.3.2.

Note 2 Requirements for an EIS are dealt with in pt 8.2.

Note 3 For when an EIS is completed, see s 203.

(1) Development approval must not be given for a development application for a development proposal in the impact track unless—

(a) either—

(i) an EIS for the proposal has been completed; or

(ii) the Minister has exempted the application under section 205; and

(b) the proposal is consistent with—

(i) the statement of strategic directions; and

(ii) if the proposed development relates to land comprised in a rural lease—any land management agreement for the land; and

(iii) if the proposed development will affect a registered tree or declared site—the advice of the conservator of flora and fauna in relation to the application.

Note 1 An application cannot be approved if it is inconsistent with the territory plan (see s 49) or the National Capital Plan (see Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth), s 11).

Note 2 Requirements for an EIS are dealt with in pt 8.2.

Note 3 For when an EIS is completed, see s 203.

Note 4 For the term of a scoping document for an EIS, see s 209.

(2) Also, development approval must not be given for a development proposal in the impact track if approval would be inconsistent with any advice given by an entity to which the application was referred under division 7.3.3 unless the person approving the application is satisfied that—

(a) the following have been considered:

(i) any applicable guidelines;

(ii) all reasonable development options and design solutions;

(iii) any realistic alternative to the proposed development, or relevant aspects of it; and

(b) the decision is consistent with the objects of the territory plan.

(3) To remove any doubt, if a proposed development will affect a registered tree or declared site—

(a) the person deciding the development application for the proposed development must not approve the application unless the approval is consistent with the advice of the conservator of flora and fauna in relation to the proposal; and

(b) subsection (2) does not apply in relation to the conservator’s advice.

In deciding a development application for a proposal in the impact track, the decision-maker must consider the following:

(a) the objectives for the zone in which the development is proposed to take place;

(b) the relevant code;

(c) the suitability of the land where the development is proposed to take place for a development of the kind proposed;

(d) each representation received by the authority in relation to the application that has not been withdrawn;

(e) if an entity gave advice on the application in accordance with section 146 (Requirement to give advice in relation to development applications)—the entity’s advice;

(f) if the proposed development relates to land that is public land—the plan of management for the land;

(g) the probable impact of the proposed development, including the nature, extent and significance of probable environmental impacts;

(h) any completed EIS for the proposed development;

(i) the conclusions of any inquiry about an EIS for the proposed development under chapter 8 (Environmental impact statements and inquiries).

If a development proposal is in the impact track, the application for development approval for the proposal must be publicly notified under division 7.3.4 and there may be right of review under chapter 13 by someone other than the applicant in relation to the decision on the application.

A development application in relation to a development proposal in the impact track must be decided under section 158 (Deciding development applications) not later than—

(a) if no representation is made in relation to the proposal—30 working days after the day the application is made to the planning and land authority; or

(b) in any other case—45 working days after the day the application is made to the authority.

(1) In this section:

development proposal means a development proposal if—

(a) the relevant development table for the proposal does not state—

(i) which assessment track applies to the proposal; or

(ii) that the proposal is exempt from requiring development approval or is prohibited; and

(b) the proposal is not exempt from requiring development approval under the relevant development table or by regulation.

(2) The impact track applies to the development proposal.

(1) If a development is exempt from requiring development approval, either under the relevant development table or under subsection (2)—

(a) the development may be undertaken without a development application and development approval; and

(b) a person cannot apply for approval of a development proposal for the development.

Note The development proposal may still need a building approval under the Building Act 2004.

(2) A development proposal is exempt from requiring development approval if the development proposed—

(a) is exempt under the relevant development table (see s 53); or

(b) is exempted by regulation.

(1) If a development is prohibited, either under the relevant development table or under subsection (2), a person cannot apply for approval of a development proposal for the development.

Note 1 A development is prohibited if any part of the development is prohibited (see dict, def prohibited).

Note 2 It is an offence to undertake prohibited development (see s 194).

Note 3 However, if development is authorised by a development approval and subsequently becomes prohibited, the development can continue (see s 195).

Note 4 Also, development that is lawful when it begins continues to be lawful (see s 197 and s 198).

(2) A development proposal by an entity other than the Territory or a territory authority in a future urban area is prohibited unless the structure plan for the area expressly states otherwise.

(1) This section applies to a development proposal in relation to beginning a use of land, or a building or structure on the land, if—

(a) the use is allowed under the lease; but

(b) beginning the use is a prohibited development.

(2) Despite section 133—

(a) a person may apply to the planning and land authority for development approval for the proposal; and

(b) the proposal is taken not to be prohibited development; and

(c) the impact track applies to the proposal.

(3) Section 194 (1) to (4) does not apply to a development in accordance with a development approval if the approval is of an application mentioned in subsection (2) (a).

(1) The planning and land authority may, but need not, consider a development proposal if asked by the proponent of the proposal.

the proposal does not contain enough information to sensibly consider the proposal under this section

Note 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).

(2) The planning and land authority must, after considering the development proposal, tell the person, in writing, the following in relation to the proposal:

(a) which assessment track is likely to apply to the proposal, or if the proposal is likely to be exempt or prohibited;

(b) whether the application will be referred under division 7.3.3 (Referral of development applications);

(c) whether public notification under division 7.3.4 will be required for the application;

(d) whether the development proposed is consistent with existing lease conditions applying to the land where the development is proposed to take place;

(e) generally, what further information may be required.

(3) The planning and land authority’s advice on a proposed development application after consideration is intended to guide and assist the applicant in making the development application.

(4) However, the planning and land authority may act inconsistently with advice under this section in relation to a development proposal if—

(a) the environmental circumstances surrounding the development proposal change; or

(b) the development proposal for which development approval is sought is different from the proposal in relation to which the advice was given; or

(c) when the proponent asked for advice, the request did not include relevant information; or

(d) the territory plan changes after the advice is given and before the authority acts; or

(e) the advice given was inconsistent with the territory plan because of an error.

(5) Advice given under this section expires 6 months after the day it is given.

(1) This section applies to an application for development approval.

(2) The application must—

(a) be in writing signed by the applicant; and

(b) if the application is made by someone other than the lessee of the land to which the application relates—also be signed by—

(i) if the land to which the application relates is subject to a lease—the lessee of the land; or

(ii) if the land to which the application relates is public land or unleased land—the custodian for the land; or

(iii) in any other case—the planning and land authority; and

(c) if the application is for approval of a development in the code track—be accompanied by information or documents addressing the relevant code requirements; and

(d) if the application is for approval of a development in the merit track—be accompanied by—

(i) information or documents addressing the relevant code requirements and relevant merit criteria; and

(ii) an assessment of the possible environmental effects of the development in detail that is sufficient taking into consideration the size and significance of the impact of the development on the environment; and

(e) if the application is for approval of a development in the impact track—be accompanied by—

(i) information or documents addressing the relevant code requirements and relevant merit criteria; and

(ii) the completed EIS for the proposal; and

(f) if the application is for approval of a variation of a lease—be accompanied by an assessment by an accredited valuer that sets out the amounts of the values represented by V₁ and V₂ in section 270;

(g) if the application is for approval of a development that is a lease variation to pay out land rent for land—state the greatest of the following amounts:

(i) the current site value of the land;

(ii) if the land was purchased at auction—the reserve price of the land at the auction;

(iii) if the land was granted by direct grant—the value of the land when originally granted; and

(h) if the application is for approval of a development prescribed by regulation for this paragraph—an assessment prepared using criteria provided by 1 or more of the entities to which the application is required to be referred under division 7.3.3; and

(i) if the application is for approval of a development that requires construction work to be carried out on land that has previously been developed and is not leased for rural purposes—be accompanied by a survey certificate for the land where the development is to be carried out (unless otherwise prescribed by regulation); and

(j) if the application is for development to which section 199 (Development applications for developments undertaken without approval) applies—be accompanied by a plan of the development prepared by a registered surveyor that sets out the dimensions of the development.

Note 1 A development application in the impact track must usually include an EIS (see s 127).

Note 2 A development application for a development proposal to which division 7.2.5 applies must include an EIS (see s 119 and div 7.2.4).

Note 3 For when an EIS is completed, see s 203.

(3) A person who signs an application under subsection (2) (b) (i) is taken to be an applicant in relation to the application.

(4) In this section:

current site value, of a lease, means the market value of the lease on the day proposed for pay out of the lease if—

(a) the lease were offered for sale subject to the existing conditions on the lease; and

(b) the lease had its full term; and

(c) the rent payable for the lease were nominal rent; and

(d) the value of the lease were not affected by a proposed variation of the lease.

market value, of a lease—see section 226.

relevant merit criteria, for a development proposal, means the merit criteria that apply to the development in each relevant code.

survey certificate, for land where development is to be carried out, means a certificate prepared by a registered surveyor that shows—

(a) the boundaries of the land; and

(b) the location of each building or structure on the land; and

(c) the existing contours of the land.

(1) This section applies if—

(a) a relevant code requirement for a development proposal is that an entity approves the development or certifies something in relation to the development; and

(b) the entity approves the development, or certifies something in relation to the development, in writing; and

(c) the development application is approved (by way of a development approval).

(2) The entity must not act inconsistently with the development approval unless—

(a) further information in relation to the development proposed in the application comes to the entity’s attention (other than information mentioned in subsection (3)); and

(b) the entity did not have the further information when the entity approved the development or certified the thing; and

(c) the further information is relevant to the approval of, or certification in relation to, the development; and

(d) the entity would not have approved the development or certified the thing considered if the entity had the further information before deciding the application.

(3) Subsection (2) (a) does not apply to further information in relation to a development proposed in an application if—

(a) the information was not required in the development application; and

(b) the information is required by the entity after the application is approved; and

(c) the information is consistent in all significant respects with information already provided by the applicant, except that it is more detailed.

(4) For this section, an entity acts inconsistently with a development approval if the entity—

(a) does not issue or give an approval or other thing required for the development; or

(b) issues or gives the approval or other thing in a way, or subject to a condition, that prevents the applicant undertaking the development approved.

the entity’s agreement to the digging up of a footpath to allow the development

Note 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).

(5) Also for this section, an entity acts inconsistently with a development approval if—

(a) the approval, or a certificate in writing by the entity in relation to the development, states that an activity to which the approval relates does not require a particular authorisation (however described); and

(b) the entity prosecutes someone, or takes other compliance action, in relation to the activity because the activity is carried out without the particular authorisation.

(1) The planning and land authority may, by written notice, ask an applicant for development approval to give the authority stated further information in relation to a development application.

(2) The request must—

(a) state the period within which the further information asked for must be provided; and

(b) state that the further information must be provided in writing.

Note A request for further information may affect the time for deciding a development application (see div 7.3.7).

(3) The period stated under subsection (2) (a) must be at least 20 working days or, if a shorter period is prescribed by regulation, the shorter period.

(4) The planning and land authority may, on application before the end of the period stated under subsection (2) (a), extend the period within which the further information must be provided once only, for a period not longer than 20 working days.

Note The planning and land authority may extend the period within which further information must be provided after the end of the period being extended (see Legislation Act, s 151C (3)).

(1) This section applies if—

(a) the planning and land authority has asked for further information under section 138 in relation to an application; and

(b) the applicant has not provided some or all of the information in accordance with the request.

(2) The planning and land authority may refuse the application under section 158.

(1) The planning and land authority may, on the authority’s own initiative or on application, correct a formal error in a development application.

(2) However, the planning and land authority must not make a correction if making the correction would adversely affect someone other than the applicant.

(3) If the planning and land authority does not tell the applicant that the authority refuses to amend a development application by not later than 5 working days after the day the applicant asks for the correction, the authority is taken to have made the correction.

(4) If the planning and land authority corrects a development application on the authority’s own initiative, the authority must give the applicant, or if there is more than 1, each applicant, written notice about the correction.

(1) The planning and land authority may, if asked by the applicant, amend a development application.

(2) However, the planning and land authority must not amend the development application unless satisfied that—

(a) the development applied for after the amendment will be substantially the same as the development applied for originally; and

(b) the assessment track for the application will not change if the application is amended.

(3) The planning and land authority must, not later than 5 working days after the day the applicant asks for the amendment—

(a) amend the development application; or

(b) refuse to amend the development application.

(4) If the planning and land authority does not tell the applicant that the authority refuses to amend the application within the time given under subsection (3), the authority is taken to have amended the application.

(1) This section applies if—

(a) a development application has been amended under section 141; and

(b) before it was amended, the application was referred to an entity under division 7.3.3.

(2) The planning and land authority must refer the development application to the entity.

Note Section 146 sets out what the entity to which the application is referred must do with the application.

(3) A referral under subsection (2) must include a brief description of how the application has been amended since the entity last saw it.

(4) However, if the planning and land authority is satisfied that the proposed amendment of the application does not affect any part of the application in relation to which the entity to which the application was referred made a comment, the authority need not refer the proposed amendment to the entity.

(1) This section applies if—

(a) the planning and land authority amends a development application; and

(b) the making of the application has been publicly notified.

(2) The planning and land authority must publicly notify the amended application under division 7.3.4 (Public notification of development applications and representations).

(3) However, the planning and land authority may waive the requirement to publicly notify the amended application for development approval if satisfied that—

(a) no-one other than the applicant will be adversely affected by the amendment; and

(b) the environmental impact caused by the approval of the amendment will do no more than minimally increase the environmental impact of the development.

An applicant may withdraw a development application at any time before the application is approved.

(1) The planning and land authority must refer a development application prescribed by regulation to an entity prescribed by regulation.

(2) However, the planning and land authority must not refer a development application to an entity under subsection (1) if—

(a) the authority is satisfied that the applicant has adequately consulted the entity in relation to the application not earlier than 6 months before the day the application is made; and

(b) the entity agrees in writing to the proposed development.

(3) A written agreement to a proposed development mentioned in subsection (2) (b) is taken to be advice received in accordance with section 146 in relation to an application for development approval for the development.

(4) To remove any doubt, if the planning and land authority is not required to refer a development application to an entity under subsection (1)—

(a) the authority need not refer the application to the entity before deciding the application; and

(b) the decision of the authority is not affected by the authority not referring the application to the entity.

(1) This section applies if a development application, including an amended application, is referred to an entity.

Note An amended application may be required to be referred to an entity under s 142.

(2) The entity must give the planning and land authority the entity’s advice in relation to the development application not later than 15 working days after the day the authority gives the application to the entity or, if a shorter period is prescribed by regulation, not later than the end of the shorter period.

Note 1 A written agreement to a development proposal under section 145 (2) (b) is taken to be advice given in accordance with this section in relation to a development application for the proposal (see s 145 (3)).

Note 2 For how documents may be given, see the Legislation Act, pt 19.5.

For this Act, if an entity fails to provide advice in accordance with section 146 in relation to a development application referred to the entity, the entity is taken to have given advice that the entity supports the application.

(1) This section applies if—

(a) a development application, including a development application amended under section 141, is referred to an entity; and

(b) the entity gives advice on the application in accordance with section 146; and

(c) the planning and land authority or Minister approves the application; and

(d) the approval is substantially consistent with the advice.

(2) The entity must not act inconsistently with the advice in relation to the development application unless—

(a) further information in relation to the development proposed in the application comes to the entity’s attention (other than information mentioned in subsection (3)); and

(b) the entity did not have the further information when the entity gave the advice; and

(c) the further information is relevant to the advice the entity gave; and

(d) the entity would have given different advice if the entity had the further information before giving the advice.

(3) Subsection (2) (a) does not apply to further information in relation to a development proposed in an application if the information—

(a) was not required in the development application; and

(b) is required by the entity after the application is approved; and

(c) is consistent in all significant respects with information already provided by the applicant, except that it is more detailed.

(4) For this section, an entity acts inconsistently with advice in relation to a development application if—

(a) the advice is that the entity will issue or give an approval or other thing in relation to the development; and

(b) the application is approved; and

(c) the entity—

(i) does not issue or give the approval or other thing consistent with the advice; or

(ii) issues or gives the approval or other thing in a way, or subject to a condition, that prevents the applicant undertaking the development approved.

that the entity will agree to the digging up of a footpath to allow the development

Note 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).

(5) Also for this section, an entity acts inconsistently with advice in relation to an application if—

(a) the advice is that an activity to which the application relates does not require a particular authorisation (however described); and

(b) the entity prosecutes someone, or takes other compliance action, in relation to the activity because the activity is carried out without the particular authorisation.

An Act prohibits activity A without an approval. The entity responsible for administering the Act gives advice under section 146 that the activity (activity B) in the application does not fall within the description of activity A. The application is approved consistent with the advice. The entity cannot prosecute a person for carrying out activity B in accordance with the approved application because activity B does fall within the description of activity A and the person did not have approval.

(6) For this section, an entity acts inconsistently with advice that the entity is taken under section 147 to have given in relation to a development application if the entity—

(a) refuses to do something required to be done by the entity to allow the applicant to undertake the development approved in the application; or

(b) does something in a way, or subject to a condition, that prevents the applicant from undertaking the development approved in the application.

For this chapter, the planning and land authority publicly notifies a development application if—

(a) for an application for a development proposal in the merit track other than a proposal to which paragraph (b) applies—the authority notifies the application under—

(i) section 150; and

(ii) if the development proposal is, or includes, a lease variation—section 151; or

(b) for an application for a development proposal in the impact track or an application for a development proposal in the merit track that is prescribed by regulation for this paragraph—the authority notifies the application under—

(i) section 150 and section 152; and

(ii) if the development proposal is, or includes, a lease variation—section 151; or

Note 1 Only developments to which the merit track and impact track applies are required to be publicly notified (see s 120 and s 129). Also, the planning and land authority must re-notify some amended development applications (see s 143).

Note 2 A person other than an applicant may apply for review of a decision to approve a development application in the merit track only if the application is required to be notified under section 152 (see sch 1, item 4).

(1) This section applies in relation to a development application if—

(a) the planning and land authority must notify the application under this section; and

(b) a place (the adjoining place) other than unleased land adjoins the place (the developing place) to which the application relates.

(2) If the adjoining place is occupied, the planning and land authority must give written notice of the making of the development application to the registered proprietor of the lease of the adjoining place at the adjoining place.

Note For how documents may be given, see the Legislation Act, pt 19.5.

(3) If the adjoining place is unoccupied, the planning and land authority must give written notice of the making of the development application to the lessee of the adjoining place at the lessee’s last-known address.

(4) However, the planning and land authority need not give public notice under subsection (2) or (3)—

(a) if, in the authority’s opinion, it would be impractical to give notice by post to the lessee of each adjoining place because of the number of adjoining places; or

(b) in relation to an adjoining place that is leased by the applicant or a person for whom the applicant has been appointed to act as agent.

Note This section is subject to s 404 and s 405.

(5) The validity of a development approval is not affected by a failure by the planning and land authority to comply with this section.

(6) In this section:

adjoins—a place adjoins another place if the place touches the other place, or is separated from the other place only by a road, reserve, river, watercourse or similar division.

registered proprietor—see section 226.

(1) This section applies in relation to a development application if—

(a) the planning and land authority must notify the application under this section because it is, or includes, a lease variation; and

(b) a person other than the applicant has a registered interest in the land comprised in the lease to be varied.

(2) The planning and land authority must give written notice of the making of the development application to each person, other than the applicant, with a registered interest in the land comprised in the lease.

(1) If the planning and land authority must notify a development application under this section, the authority must do each of the following:

(a) display a sign on the place to which the application relates that states the development proposed to be undertaken;

(b) publish notice of the making of the application in a daily newspaper.

Note This section is subject to s 404 and s 405.

(2) A person commits an offence if—

(a) a sign is displayed under subsection (1) (a); and

(b) the person moves, alters, damages, defaces, covers or prevents access to the sign while it is required to be displayed.

Maximum penalty: 5 penalty units.

(3) An offence against subsection (2) is a strict liability offence.

(4) Subsection (2) does not apply to a person if the person acts with the written approval of the chief planning executive.

(5) The validity of a development approval is not affected by a failure by the planning and land authority to comply with this section.

(1) Anyone may make a representation about a development application that has been publicly notified under this Act.

Note Only developments in the merit track and impact track are required to be publicly notified (see s 120 and s 129). Also, the planning and land authority must re-notify some amended development applications (see s 143).

(2) A representation about a development application must be made during the public consultation period for the application.

(3) The planning and land authority may, by notice published in a daily newspaper, extend the public consultation period.

Note The planning and land authority may extend the public consultation period after it has ended (see Legislation Act, s 151C).

(4) A person who makes a representation about a development application may, in writing, withdraw the representation at any time before the application is decided.

(5) To remove any doubt, a representation about a development application—

(a) may relate to how the development proposed in the application meets, or does not meet, any finding or recommendation of the EIS for the development; and

(b) must not relate to the adequacy of the EIS for the development.

Note Representations about a draft EIS may be made under s 212.

(6) In this section:

public consultation period means—

(a) the period prescribed by regulation for this section; or

(b) if the period prescribed is extended under subsection (3), the prescribed period as extended.

(1) The Minister may, in writing, direct the planning and land authority to refer to the Minister a development application that has not been decided by the authority.

Note 1 Section 12 provides that the planning and land authority must comply with directions given to it under this Act or a territory law.

Note 2 The power to make a statutory instrument (like the Minister’s direction) about a matter includes the power to make the instrument for a particular class of matters (see Legislation Act, s 48 (2)).

(2) The planning and land authority must give a copy of the Minister’s direction in relation to a development application to each entity to whom the application—

(a) is required to be referred, or has been referred, under section 145; and

(b) would be required to be referred under section 145 but for section 145 (2).

(3) If the Minister gives a direction under subsection (1) in relation to an application, the planning and land authority must take no further action that would lead to a decision by the authority on the application.

(4) When complying with the direction under subsection (1), the planning and land authority must also give the Minister—

(a) the information and documents received by the authority in relation to the application, including any advice given to the authority under division 7.3.3 (Referral of development applications); and

(b) any other relevant information and documents held by the authority.

(1) This section applies in relation to an application referred to the Minister under section 154.

(2) The Minister may decide to consider the application if, in the Minister’s opinion—

(a) the application raises a major policy issue; or

(b) the application seeks approval for a development that may have a substantial effect on the achievement or development of the object of the territory plan as set out in the statement of strategic directions and objectives for each zone to which the application relates; or

(c) the approval or refusal of the application would provide a substantial public benefit.

(3) If the Minister is satisfied that the Minister should not consider the application, the Minister must refer the application back to the planning and land authority for decision.

(1) This section applies if the Minister decides under section 155 to consider an application referred to the Minister.

(2) The Minister must—

(a) tell the planning and land authority about the decision to consider the application; and

(b) tell the applicant in writing about the decision and the grounds on which the decision was made; and

(c) ensure that the Minister has the comments of the authority on the application; and

(d) approve or refuse the application under section 158 (Deciding development applications).

(3) A notice under subsection (2) (a) is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

(4) A notice under subsection (2) (a) must be notified under the Legislation Act not later than 15 working days after the day it is given.

(1) This section applies if the Minister decides an application under section 158.

(2) Not later than 3 sitting days after the day the Minister decides the application, the Minister must present to the Legislative Assembly a statement containing—

(a) a description of the development to which the application relates; and

(b) details of the land where the development is proposed to take place; and

(c) the applicant’s name; and

(d) details of the Minister’s decision; and

(e) the grounds for the decision.

(1) The planning and land authority or, for a development application that the Minister decides to consider under division 7.3.5 (Ministerial call-in power for development applications), the Minister, must—

(a) approve a development application; or

(b) approve a development application subject to a condition; or

(c) refuse a development application.

Note 1 For provisions about conditions, see s 160. Also, a development application to vary a lease granted as a concessional lease by surrender and regrant of the lease as a market value lease is subject to a condition (see s 254).

Note 2 Notice of a decision under s (1) must be given under div 7.3.8.

Note 3 If a development application has been referred to an entity under division 7.3.3, the notice of the decision under this section must include information about any comment by the referral entity and whether the authority has followed the entity’s advice (see s 167).

Note 4 The criteria for a decision on an application to vary a lease granted as a concessional lease are in div 9.4.2.

Note 5 An applicant and, in some cases, other people may have a right to apply for review of a decision under s (1) (see ch 13 and sch 1). However, the right to apply for legal review of a decision by the Minister is time-limited (see s 403).

(2) The planning and land authority or Minister must take action under subsection (1) in relation to a development application not later than the end of the prescribed time period for the application.

(3) If the planning and land authority approves a development application that relates to a registered tree, the authority may, under this section—

(a) if a tree management plan is already in force for the tree—approve an amendment of, or replacement for, the tree management plan; or

(b) in any other case—approve a tree management plan for the tree.

(4) In this section:

prescribed time period, for a development application, means—

(a) the period set out in part 7.2 (Assessment tracks for development applications) for deciding an application for a development proposal in the assessment track that applies to the proposal; or

(b) if the period mentioned in paragraph (a) is extended under division 7.3.7—the period mentioned in paragraph (a) plus each extension that applies to the application under division 7.3.7.

Note The time for deciding a development application is 20 working days for a proposal in the code track (see s 117), 30 or 45 working days for a proposal in the merit track (see s 121) or different periods for a proposal in the impact track (see s 130).

(1) This section applies if—

(a) a development application has been made; and

(b) the time for deciding the application has ended; and

(c) neither the planning and land authority nor the Minister has decided the application under section 158.

(2) The planning and land or, if the Minister has decided to consider the application under division 7.3.5, the Minister, may approve the application, or approve the application subject to a condition, under section 158 despite the ending of the time for deciding the application.

(3) To remove any doubt, if neither the planning and land authority nor the Minister has decided an application under section 158, the authority is taken to have decided to refuse the application under the Administrative Appeals Tribunal Act 1989, section 24 (6).

Note A decision of the AAT on review is taken to have been a decision of the original decision-maker, so the planning and land authority or Minister will not be able to approve an application if the AAT has decided an application for review of the deemed refusal (see Administrative Appeals Tribunal Act 1989, s 44 (11)).

(1) This section applies in relation to the conditions subject to which the planning and land authority, or the Minister, may approve a development application under section 158 (1) (b).

(2) The approval under section 158 (1) (b)—

(a) must include any condition that is required to be included by the territory plan; and

(b) must not include a condition inconsistent with a condition required to be included by the territory plan.

(3) Following are examples of the conditions subject to which a development approval in relation to land may be approved, other than an approval for a code track proposal:

(a) that a development, or a stated stage of a development, is to be carried out to the satisfaction of a stated entity;

(b) requiring a development to be carried out in stages within the periods stated in or under the approval;

(c) stating a period in which a development or any stage of a development is to be carried out;

(d) that the approval does not take effect unless a stated approval is revoked, amended or given;

(e) that a lease relating to the land be varied and the variation registered under the Land Titles Act 1925;

(f) requiring an existing licence to be varied;

(g) that another approval relating to the land be surrendered;

(h) that stated things be done to prevent or minimise adverse environmental impacts;

(i) if the approval relates to a use of land, or a building or structure on the land—that the land, or buildings or structures on the land, may only be used for the use in stated circumstances;

(j) in relation to an approval to carry out a development for a stated period—

(i) that building works or other works carried out in or on a place the subject of the approval are to be removed at the end of the period; or

(ii) that the place where the development is to take place is to be restored to a particular state at the end of the period;

(k) that a bond be entered into securing performance against the conditions of the approval;

(l) if the approval is in relation to a place registered, or nominated for provisional registration, under the Heritage Act 2004—that the applicant enter into a heritage agreement under that Act for the conservation of the heritage significance of the place;

(m) that a development be carried out to a stated standard;

(n) that stated works, services or facilities that the relevant authority considers reasonable in the circumstances—

(i) be provided by the applicant on or to a place the subject of the approval, or on or to another place; or

(ii) be paid for completely or partly by the applicant; or

(iii) be provided on or to a place the subject of the approval by agreement between the applicant and the Minister responsible for the provision of the works, services or facilities;

(o) that plans, drawings, specifications or other documents be prepared by the applicant and lodged with the planning and land authority for approval before the development or a stated part of it starts;

(p) requiring changes to be made to any plan, drawing, specification or other document forming part of the application for approval.

Note 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).

(4) A code track proposal must not be approved subject to a condition unless the condition is prescribed by regulation for this subsection.

(5) The planning and land authority may approve an amendment to a plan, drawing or other document approved under subsection (3) (o) if the amendment—

(a) if made, would not make the approval inconsistent with section 174 (When development approval takes effect—activity not allowed by lease); and

(b) is not inconsistent with an approval under subsection (3) (o).

(1) This section applies to a development application if—

(a) the planning and land authority gives the applicant a notice (a request notice) under section 138 asking for further information in relation to the application; and

(b) the request notice is given to the applicant not later than 10 working days after the day the application is lodged; and

(c) the authority has not asked for further information by request notice in relation to the application before; and

(d) the applicant gives the authority the information required by the request notice before the end of the period stated in the notice, or any extension of the period under section 138 (4).

(2) The time for deciding the development application under section 158 is extended by a period—

(a) starting on the day after the day the planning and land authority gives the applicant the request notice; and

(b) ending on the day the applicant gives the authority the information required by the request notice.

(1) This section applies to a development application if—

(a) the planning and land authority gives the applicant a notice (a request notice) under section 138 asking for further information in relation to the application; and

(b) the request notice is given to the applicant not later than 10 working days after the day the application is lodged; and

(c) the authority has not asked for further information by request notice in relation to the application before; and

(d) the applicant gives the authority information relating to the request notice before the end of the period stated in the request notice, or any extension of the period under section 138 (4); and

(e) the authority decides that the information given in relation to the request notice is insufficient and gives the applicant written notice (the insufficiency notice) of the decision.

(2) The time for deciding the development application under section 158 is extended by a period—

(a) starting on the day after the day the planning and land authority gives the applicant the request notice; and

(b) ending 20 working days after the day the applicant receives the insufficiency notice.

(1) This section applies to a development application if—

(a) the planning and land authority gives the applicant a notice (a request notice) under section 138 asking for further information in relation to the application; and

(b) the request notice is given to the applicant not later than 10 working days after the day the application is lodged; and

(c) the authority has not asked for further information by request notice in relation to the application before; and

(d) the applicant does not give the authority the information asked for by the request notice before the end of the period stated in the request notice, or any extension of the period under section 138 (4).

(2) The time for deciding the development application under section 158 is extended by—

(a) a period of the same length as the period for giving further information stated in the request notice; or

(b) if the period for giving further information stated in the request notice has been extended under section 138 (4)—a period the same length as the period stated in the request notice as extended under section 138 (4).

(1) This section applies in relation to a development application if the application is amended under section 141.

(2) The time for deciding the development application under section 158 is extended by the period—

(a) starting on the day the application is made; and

(b) ending on the later of the following days:

(i) the day the application is amended under section 141;

(ii) if the amended application must be publicly notified under division 7.3.4 (see s 143 (1) (b))—the day after the public consultation period for the application ends.

(3) In this section:

public consultation period—see section 153 (5).

(1) If a development application is approved under section 158 (1) (a) or (b), the planning and land authority must give written notice—

(a) to the applicant; and

(b) if the application approved relates to a variation of a lease—to the registrar-general for notification under the Land Titles Act 1925; and

(c) if the application approved relates only to the use of land, or a building or structure on the land, including beginning a new use or changing a use—to the registrar-general for notification under the Land Titles Act 1925; and

(d) to each person who made a representation under section 153 about the application.

(2) A notice to an applicant must state the date the approval takes effect.

Note For date of effect of an approval, see div 7.3.9.

(3) A notice under subsection (1) in relation to an approval must—

(a) contain the following:

(i) a description of the place to which the approval relates;

(ii) a brief description of the development to which the approval relates; and

(b) state the assessment track that applied to the development proposal to which the approval relates; and

(c) set out the decision and the reasons for the approval; and

(d) if the approval is subject to conditions—set out the conditions the approval is subject to; and

(e) state the place where, and times when, a copy of the application and the approval may be inspected.

Note If the notice is given to a person who may apply to the AAT for review of the decision to which it relates, the notice must comply with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, s 25B (1) (see s 401 (3)).

(1) If a development application is refused under section 158 (1) (c) (Deciding development applications), the planning and land authority must give written notice of the refusal to—

(a) the applicant; and

(b) each person who made a representation under section 153 about the application.

(2) However, to remove any doubt, the planning and land authority need not give notice of a decision deemed under the Administrative Appeals Tribunal Act 1989, section 24 (6) to have been made to refuse a development application.

(3) A notice under subsection (1) must set out the reasons for the decision.

Note If the notice is given to a person who may apply to the AAT for review of the decision to which it relates, the notice must comply with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, s 25B (1) (see s 401 (3)).

(1) This section applies in relation to a development application if—

(a) the application is referred to an entity under section 145; and

(b) the entity gives the planning and land authority advice in relation to the application; and

(c) the authority decides the application under section 158 (Deciding development applications).

(2) Notice of the decision under section 165 or section 166 must include a statement about—

(a) whether the planning and land authority followed the advice of the entity when making the decision; and

(b) if the authority did not follow the advice of the entity—why the authority did not follow the advice of the entity.

(3) However, the planning and land authority need not comply with subsection (2) in relation to an entity’s advice on a development application if satisfied on reasonable grounds that the advice is not relevant to the application.

(1) This section applies if—

(a) a decision has been made under section 158 in relation to a development application; and

(b) a representation has been made under section 153 about the application; and

(c) 2 or more people made the representation.

(2) The planning and land authority is taken to have complied with section 165 (1) (d) or section 166 (1) (b) in relation to the representation if the authority gives notice—

(a) if 1 person has been nominated as the person to whom notice of the decision is to be given and the person’s address has been given to the authority—to the nominated person; or

(b) in any other case—to 1 of the people who made the representation.

(1) This section applies if—

(a) a decision has been made under section 158 in relation to a development application; and

(b) the application was referred to an entity under division 7.3.3.

(2) The planning and land authority must give a copy of the decision on the development application to each entity to which the application was referred.

(1) This section applies if—

(a) the planning and land authority or Minister approves a development application under section 158; and

(b) there are no representations about the application; and

(c) there is no right to apply to the AAT for review of the decision other than for the applicant or a person who made a representation; and

(d) the development does not include an activity not allowed under the lease for the land on which the development is proposed to take place; and

(e) the approval is not subject to a condition that something must happen before the approval takes effect; and

(f) no application has been made under division 7.3.10 for reconsideration of the approval.

(2) The approval of the development application takes effect on the day after the day the application is approved.

(1) This section applies if—

(a) the planning and land authority or Minister approves a development application under section 158; and

(b) a single representation about the application has been made; and

(c) no application is made to the AAT for review of the decision to approve the application by the end of the period of 20 working days after the day the person who made the representation was told about the decision; and

(d) the development does not include an activity not allowed under the lease for the land on which the development is proposed to take place; and

(e) the approval is not subject to a condition that something must happen before the approval takes effect; and

(f) no application has been made under division 7.3.10 for reconsideration of the approval.

(2) The approval of the development application takes effect 20 working days after the day notice of the decision to approve the application is given to the person who made the representation.

(1) This section applies if—

(a) the planning and land authority or Minister approves a development application under section 158; and

(b) 2 or more representations about the application have been made; and

(c) no application is made to the AAT for review of the decision to approve the application by the end of the period of 20 working days after the final notice of the decision is given; and

(d) the approval is not subject to a condition that something must happen before the approval takes effect; and

(e) no application has been made under division 7.3.10 for reconsideration of the approval.

(2) The approval of the development application takes effect 20 working days after the final notice of the decision to approve the application is given.

(3) In this section:

final notice, of a decision to approve a development application, means the day when every person who made a representation on the application has been given notice of the decision.

(1) This section applies if—

(a) the planning and land authority or Minister approves a development application under section 158; and

(b) application is made to the AAT for review of the decision to approve the application and the tribunal confirms the decision (whether completely or partly); and

(c) the development does not include an activity not allowed under the lease for the land on which the development is proposed to take place; and

(d) the approval is not subject to a condition that something must happen before the approval takes effect; and

(e) no application has been made under division 7.3.10 for reconsideration of the approval.

(2) The approval of the development application takes effect on the latest of the following days:

(a) the day the approval would take effect under this division if no application had been made to the AAT for review of the decision to approve the application;

(b) the day after the day the approval is confirmed by the AAT (whether completely or partly).

(1) This section applies if—

(a) the planning and land authority or Minister approves a development application under section 158; and

(b) the development includes an activity not allowed by a lease of the land where the activity is to be carried out; and

(c) the approval is not subject to a condition that something must happen before the approval takes effect; and

(d) no application has been made under division 7.3.10 for reconsideration of the approval.

(2) The approval of the development application takes effect on the latest of the following days:

(a) the day the approval would take effect under this division if the development did not include an activity not allowed by a lease of the land where the activity is to be carried out;

(b) the day the variation of the lease to allow the activity takes effect;

(c) if an application for review has been made in relation to the approval—the day after the day—

(i) the approval is confirmed by the AAT (whether completely or partly); or

(ii) the application for review is withdrawn.

Note A lease variation takes effect on registration (see Land Titles Act 1925, s 72A (3)).

(1) This section applies if—

(a) the planning and land authority or Minister approves a development application under section 158; and

(b) the development does not include an activity not allowed by a lease of the land where the activity is to be carried out; and

(c) the approval is subject to a condition that something must happen before the approval takes effect; and

(d) no application has been made under division 7.3.10 for reconsideration of the approval.

(2) The approval of the development application takes effect on the latest of the following days:

(a) the day the approval would take effect under this division if the approval were not subject to a condition that something must happen before the approval takes effect;

(b) the day the condition is complied with;

(c) if an application for review has been made in relation to the approval—the day after the day—

(i) the approval is confirmed by the AAT (whether completely or partly); or

(ii) the application for review is withdrawn.

(1) This section applies if—

(a) the planning and land authority or Minister approves a development application under section 158; and

(b) the development includes an activity not allowed by a lease of the land where the activity is to be carried out; and

(c) the approval is subject to a condition that something must happen before the approval takes effect; and

(d) no application has been made under division 7.3.10 for reconsideration of the approval.

(2) The approval of the development application takes effect on the latest of the following days:

(a) the day the approval would take effect under section 174 if the approval were not subject to a condition that something must happen before the approval takes effect;

(b) the day the approval would take effect under section 175 if the development did not include an activity not allowed by a lease of the land where the activity is to be carried out.

(1) This section applies if—

(a) the planning and land authority or Minister approves (the original decision) a development application under section 158; and

(b) application is made for reconsideration under section 185 of the decision to approve the development application; and

(c) no application is made to the AAT for review of the original decision within the time allowed; and

(d) the original decision is confirmed on reconsideration under division 7.3.10.

(2) The approval of the development application takes effect on the latest of the following days:

(a) the day the approval would take effect under this division if there were no application for reconsideration;

(b) the day after the day—

(i) the approval is confirmed under division 7.3.10; or

(ii) the application for reconsideration is withdrawn;

(c) if an application for review is made in relation to the decision to confirm the original decision—the day after the day—

(i) the approval is confirmed by the AAT (whether completely or partly); or

(ii) the application for review is withdrawn.

(1) This section applies if—

(a) the planning and land authority or Minister refuses a development application under section 158, or approves the application subject to a condition; and

(b) under division 7.3.10—

(i) the authority reconsiders the decision mentioned in paragraph (a) (the original decision); and

(ii) the authority makes a decision (the substituted decision) in substitution for the original decision, other than a decision to refuse the development application; and

(c) a person has, or may have, a right to apply to the AAT for review of the substituted decision.

(2) The approval of the development takes effect 20 working days after the day the substituted decision is made.

(1) This section applies to a development approval other than—

(a) a development approval that consists only of a variation of a lease; or

(b) a part of a development approval that consists of a variation of a lease; or

(c) a development approval, or part of a development approval, that relates only to the use of land, or a building or structure on the land, including beginning a new use or a change of use.

(2) A development approval to which this section applies ends if—

(a) the development or any stage of the development has not started by the end of the period stated in the approval; or

(b) the development or any stage of the development has not finished by the end of the period stated in the approval; or

(c) if no period is stated in the approval for starting the development or any stage of the development—the development or stage of development has not started 2 years after the day the approval takes effect; or

(d) the approval holder surrenders the approval to the planning and land authority; or

(e) if no time is stated in the approval for finishing the development—the development is not finished—

(i) 2 years after the day the development begins; or

(ii) if an extension of the 2-year period is granted under this section—at the end of the extended period; or

(f) if the development approval relates to land comprised in a lease that requires the development to be completed on a stated date—the date stated in the lease for completion of the development; or

(g) the approval is revoked under section 183.

(3) On application made before the end of a prescribed period, the planning and land authority may extend the prescribed period.

(4) In this section:

prescribed period, in relation to a development approval, means—

(a) the time stated in the approval for finishing the development or a stage of the development; or

(b) if no time is stated in the approval for finishing the development—the period ending 2 years after the development begins.

(1) This section applies to—

(a) a development approval that consists only of a variation of a lease; or

(b) a part of a development approval that consists of a variation of a lease.

(2) The development approval, or part of the approval, ends—

(a) if—

(i) the lease is varied in accordance with the approval; or

(ii) the lease is terminated; or

(iii) the approval is revoked under section 183; or

(iv) the approval holder surrenders the approval to the planning and land authority; or

(v) the lease expires and no application is made under section 246 for a further lease; or

Note A person may apply for the grant of a further lease not later than 6 months after the expiry of the affected lease.

(vi) the lease is surrendered; or

(b) at the end of the period of 2 years starting on the day after the day the approval is given.

(1) This section applies to a development approval, or part of a development approval, that—

(a) relates only to the use of land, or a building or structure on the land, under a lease (the affected lease), including beginning a new use or a change of use; and

(b) does not involve a lease variation.

(2) The development approval ends if—

(a) the affected lease expires and no application is made under section 246 for a further lease; or

(b) the approval is revoked under section 183; or

(c) if the approval states a period for the end of the approval—the period ends; or

(d) the approval is surrendered; or

(e) the affected lease is surrendered (other than under section 246) or terminated.

(3) If use in accordance with the development approval does not begin or happen before the end of the period of 2 years starting on the day after the day the approval is given, the development approval ends at the end of the 2-year period.

(4) To remove any doubt, a development approval relating to use does not end only because 1 or more of the following apply to the development or lease:

(a) the use is not continuous;

(b) someone deals with the affected lease;

(c) a further lease is granted for the affected lease on application under section 246, whether the grant happens immediately after the expiry of the affected lease or otherwise.

1 the use is interrupted

2 the use is intermittent

Note 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).

(5) The planning and land authority must tell the registrar-general about the ending of a development approval to which this section applies if—

(a) the authority gave the registrar-general notice of the approval; and

(b) the approval is surrendered to the authority.

(6) In this section:

deal with a lease—see section 226.

(1) This section applies to a development approval, or part of a development approval, that relates only to the use of land under a licence or permit.

(2) The development approval ends if—

(a) the approval is revoked under section 183; or

(b) if the approval states a period for the end of the approval—the period ends; or

(c) the approval is surrendered; or

(d) the licence or permit ends—

(i) whether on expiry or otherwise; and

(ii) even if renewed.

(3) If use in accordance with the development approval does not begin or happen before the end of the period of 2 years starting on the day after the day the approval is given, the development approval ends at the end of the 2-year period.

(4) To remove any doubt, a development approval relating to use does not end only because the use is not continuous.

1 the use is interrupted

2 the use is intermittent

Note 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).

(1) The planning and land authority may revoke a development approval—

(a) if satisfied that the approval was obtained by fraud or misrepresentation; or

(b) if the approval is in relation to a place registered, or nominated for provisional registration, under the Heritage Act 2004—if the applicant is convicted of an offence against this part or the Heritage Act 2004.

(2) The planning and land authority must tell the registrar-general about the revocation of the development approval if the authority gave the registrar-general notice of the approval.

In this division:

original application—see section 185 (1) (a).

original decision—see section 185 (1) (a).

reconsideration application—see section 185 (3).

(1) This section applies if—

(a) a development application, or an application for amendment of a development approval, (the original application) has been approved subject to a condition or refused (the original decision) by the planning and land authority; and

(b) an application has not previously been made under this section for reconsideration of the original decision; and

(c) the AAT has not decided an application for review of the original decision.

(2) However, this section does not apply in relation to the refusal of a development application, or an application for amendment of a development approval, in the code track.

(3) The applicant for the original application may apply (the reconsideration application) for reconsideration of the original decision.

(4) The reconsideration application must—

(a) be in writing signed by the applicant; and

(b) if the application is made by someone other than the lessee of the land to which the application relates and the land is not unleased—also be signed by the lessee of the land.

(5) The reconsideration application must be made not later than—

(a) 20 working days after the day the applicant is told about the original decision by the planning and land authority; or

(b) any longer period allowed by the planning and land authority.

Note The planning and land authority may extend the period after the end of the period being extended (see Legislation Act, s 151C (3)).

(6) The reconsideration application must set out the grounds on which reconsideration of the original decision is sought.

Note Making an application under this section stays the operation of the decision for which reconsideration is sought.

(1) This section applies if—

(a) a development application, or an application for amendment of a development approval, (the original application) has been approved subject to a condition or refused (the original decision) by the planning and land authority; and

(b) a person applies for reconsideration of the original decision; and

(c) the person also applies to the AAT for review of the original decision, whether before or after applying for reconsideration; and

(d) the AAT gives the planning and land authority notice of the application for review.

(2) The planning and land authority must tell the AAT in writing about the application for reconsideration.

(1) If the planning and land authority receives a reconsideration application, the authority must—

(a) reconsider the original decision; and

(b) not later than 20 working days after the day the authority receives the application—

(i) make any decision in substitution for the original decision that the authority could have made on the original application; or

(ii) confirm the original decision.

(2) However, the planning and land authority must not take action under subsection (1) (b) if the AAT has decided an application for review of the original decision.

(3) The 20 working days mentioned in subsection (1) may be extended for a stated period by agreement between the planning and land authority and the applicant.

(4) In reconsidering the original decision, the planning and land authority—

(a) need not publicly notify the reconsideration application under division 7.3.4; but

(b) must give written notice of the reconsideration application to anyone who made a representation under section 153 about the original application, allow the person reasonable time (that is not shorter than 2 weeks) to make a representation on the reconsideration application, and consider any representation made within the time allowed.

(5) Also, in reconsidering the original decision, the planning and land authority—

(a) must consider any information available to the authority when it made the original decision and information given in the reconsideration application; and

(b) may consider any other relevant information.

information from representations

Note 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).

(6) The planning and land authority must ensure that, if the original decision is made on the authority’s behalf by a person (the original decision-maker), the authority or someone other than the original decision-maker reconsiders the decision.

If the planning and land authority does not make a substitute decision, or confirm the original decision, by the end of the 20 working days, or the 20-working day period as extended by agreement, mentioned in section 187, the authority is taken to have confirmed the original decision.

As soon as practicable after reconsidering the original decision, the planning and land authority must give written notice of the decision on the reconsideration to—

(a) the applicant; and

(b) anyone who was given notice of the reconsideration application under section 187 (4) (b); and

(c) if the original decision was an approval subject to conditions and the authority gave the registrar-general notice of the approval—the registrar-general.

Note If the notice is given to a person who may apply to the AAT for review of the decision to which it relates, the notice must comply with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, s 25B (1) (see s 401 (3)).

(1) The planning and land authority may, on its own initiative or on application, correct a formal error in a development approval.

(2) If the planning and land authority corrects a development approval, the authority must give the approval holder, or if there is more than 1, each approval holder, written notice about the correction.

Note Approval holder—see dict.

(1) This section applies if—

(a) the planning and land authority has given development approval for a development proposal (the original development proposal); and

(b) the development proposal changes (the changed development proposal) so that it is not covered by the approval.

(2) An approval holder may apply to the planning and land authority to amend the development approval so that it approves the changed development proposal.

(3) An application under subsection (2) must—

(a) be in writing signed by the applicant; and

(b) if the application is made by someone other than the lessee of the land to which the application relates, be signed by—

(i) if the land to which the application relates is subject to a lease—the lessee of the land; or

(ii) if the land to which the application relates is public land or unleased land—the custodian for the land; or

(iii) in any other case—the planning and land authority.

(4) A person who signs an application under subsection (3) (b) (i) is taken to be an applicant in relation to the application.

(1) In deciding whether to amend a development approval in accordance with an application under section 191, the planning and land authority must consider the application, and take action in relation to the application, as if—

(a) the development originally approved had been completed; and

(b) the application for amendment were an application for approval of a development proposal (the proposed development) to change the completed development to give effect to the amendment.

Philip has development approval (the original approval) to build a house. Philip starts to build the house, but discovers that he needs an extra floor in the house. He applies to amend the original approval.

In considering whether to amend the original approval, the planning and land authority must treat the application to amend as if the house has been built in accordance with the original approval, and the application is for approval to add an extra floor. This means the authority must assess the application in the assessment track that would apply to an application to add an extra floor, and any requirement to notify agencies or publish the application would have to be followed.

Note 1 An application for amendment of a development application may be reconsidered under pt 7.3.10 (see s 185 (1) (a)) and the approval holder may apply for review of a decision to refuse to amend the approval (see sch 1, item 13).

Note 2 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).

(2) The planning and land authority must refuse to amend the development approval if satisfied that the changed development proposal and the original development proposal would be in different assessment tracks.

(3) Also, the planning and land authority must refuse to amend a development approval unless satisfied that, after the amendment, the development approved will be substantially the same as the development for which approval was originally given.

(4) To remove any doubt, if public notification of the proposed development is required under the assessment track that applies to the proposed development, only the application for the amendment need be publicly notified.

(1) A person commits an offence if—

(a) the person undertakes development without development approval; and

(b) the development requires development approval; and

(c) the person knows that the development requires development approval.

Maximum penalty:

(a) for an individual—2 000 penalty units; or

(b) for a corporation—2 500 penalty units.

(2) A person commits an offence if—

(a) the person undertakes development without development approval; and

(b) the development requires development approval; and

(c) the person is reckless about whether the development requires development approval.

Maximum penalty: 1 000 penalty units.

(3) A person commits an offence if—

(a) the person undertakes development without development approval; and

(b) the development requires development approval; and

(c) the person is negligent about whether the development requires development approval.

Maximum penalty: 500 penalty units.

(4) A person commits an offence if—

(a) the person undertakes development without development approval; and

(b) the development requires development approval.

Maximum penalty: 60 penalty units.

(5) An offence against subsection (4) is a strict liability offence.

(6) It is a defence to a prosecution for an offence against subsection (4) if the defendant proves that the defendant took all reasonable steps to find out whether the development required development approval before undertaking the development.

(7) To remove any doubt, this section does not apply to development that is lawful because of section 197 or section 198.

(1) A person commits an offence if—

(a) the person undertakes development; and

(b) the development is prohibited; and

(c) the person knows that the development is prohibited.

Maximum penalty:

(a) for an individual: 2 000 penalty units; or

(b) for a corporation: 2 500 penalty units.

(2) A person commits an offence if—

(a) the person undertakes development; and

(b) the development is prohibited; and

(c) the person is reckless about whether the development is prohibited.

Maximum penalty: 1 000 penalty units.

(3) A person commits an offence if—

(a) the person undertakes development; and

(b) the development is prohibited; and

(c) the person is negligent about whether the development is prohibited.

Maximum penalty: 500 penalty units.

(4) A person commits an offence if—

(a) the person undertakes development; and

(b) the development is prohibited.

Maximum penalty: 60 penalty units.

Note Section 134 and s 195 disapply s (1) to (4) in certain cases.

(5) An offence against subsection (4) is a strict liability offence.

(6) To remove any doubt, this section does not apply to development that is lawful—

(a) because of section 195, section 197 or section 198; or

(b) because it is in accordance with a development approval granted on an application mentioned in subsection 134 (2) (a).

(1) This section applies if—

(a) a person undertakes development; and

(b) the development is in accordance with a development approval given in relation to the development; and

(c) the development becomes prohibited.

(2) Section 194 (1) to (4) does not apply to the development if it is undertaken in accordance with the development approval, despite any other provision of this Act.

Note 1 The development may still need building approval, or further building approval, under the Building Act 2004.

Note 2 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

(1) A person commits an offence if—

(a) the person undertakes development; and

(b) the person has development approval for the development; and

(c) the development approval is conditional; and

(d) the person does not comply with a condition of the development approval when undertaking the development.

Maximum penalty: 60 penalty units.

(2) An offence against subsection (1) is a strict liability offence.

(1) This section applies if—

(a) a development, other than a development that is continuing a use, is exempt from requiring development approval under a development table or by regulation; and

(b) a person undertakes, or begins, the development; and

(c) after the person undertakes, or begins, the development, the development stops being exempt.

(2) The development is lawful despite any other provision of this Act.

(1) This section applies to the continuing use of land, or a building or structure on the land, if the use—

(a) when it began, was exempted from requiring development approval in a development table or by regulation; and

(b) is authorised by—

(i) a lease (the affected lease) for the land; or

(ii) a licence under this Act; or

(iii) a permit under the Roads and Public Places Act 1937; or

(iv) section 240; and

(c) continuing the use stops being exempt.

(2) Also, this section applies in relation to a use of land, or a building or structure on the land, even if 1 or more of the following apply in relation to the use:

(a) the use is not continuous;

(b) someone deals with the affected lease;

(c) a further lease is granted for the affected lease on application under section 246, whether the grant happens immediately after the expiry of the affected lease or otherwise.

(3) However, this section does not apply in relation to the use of land, or a building or structure on the land, if—

(a) the affected lease is surrendered (other than under section 246) or terminated; or

(b) if the use is authorised by a licence under this Act or a permit under the Roads and Public Places Act 1937—the licence or permit ends—

(i) whether on expiry or otherwise; and

(ii) even if renewed; or

(c) the affected lease expires and no application is made under section 246 for a further lease.

(4) The use of the land, or building or structure, is lawful while authorised by a lease for the land, a licence, a permit or section 240, despite any other provision of this Act.

(5) In this section:

deal with a lease—see section 226.

(1) This section applies if—

(a) a development has been undertaken; and

(b) development approval was required for the development; and

(c) there was no development approval for the development.

(2) The lessee of the land where the development was undertaken may apply for approval for the development under part 7.3 (Development applications).

(3) The planning and land authority must treat an application for development approval for the development as if the development had not been undertaken, subject to section 136 (2) (j) (Form of development applications).

Note Development applications (including an application to which this section applies) are decided under s 158.

(4) To remove any doubt, the making of an application for approval of a development to which this section applies, or the approval of the application, does not affect any proceeding under this part, whether or not the proceeding starts before the making or approval of the application.

Fees may be determined under s 415 for provisions of this chapter.

If a form is approved under s 416 for a provision of this chapter, the form must be used.

Under this chapter, applications may be made, and notice may be given, electronically in certain circumstances (see the Electronic Transactions Act 2001).

In this chapter:

draft EIS—see section 210 (2) (a).

EIS—see section 202.

environmental impact statement means an EIS (see s 202).

inquiry means an inquiry into an EIS established under section 221.

proponent, for a development proposal, means the person proposing the proposal.

Note See also s 201.

representation, about a draft EIS, means a representation made about the draft EIS under section 212.

scoping document, for a proposal—see section 206 (2) (b).

Note For when an EIS is completed, see s 203.

(1) The relevant Minister in relation to a defined decision may, in writing, designate a person or territory authority as the proponent in relation to the decision.

(2) In this section:

defined decision means a decision of the Territory, the Executive, a Minister or a territory authority about a proposal in relation to which a Minister is empowered—

(a) to direct that an environmental impact statement be prepared; or

(b) to establish a panel to conduct an inquiry.

relevant Minister, means the Minister responsible for the administration of the Act or subordinate law under which—

(a) in relation to a statement or inquiry—the statement or inquiry is authorised to be prepared or conducted; or

(b) in relation to a defined decision—the relevant decision is authorised to be made.

An EIS is an environmental impact statement prepared as prescribed by regulation.

(1) For this Act, an EIS is completed if—

(a) the Minister gives the planning and land authority notice under section 219 (Notice of no action on EIS given to Minister) in relation to the EIS; or

(b) the Minister has not decided under section 221 to establish a panel to conduct an inquiry about the EIS; or

(c) the Minister has established an inquiry panel in relation to the EIS and—

(i) the panel has reported the results of the inquiry; or

(ii) the time for reporting under section 223 has ended.

(2) To remove any doubt, for subsection (1), it does not matter whether or not the Minister intends to present, or has presented, a copy of the EIS to the Legislative Assembly under section 220.

A completed EIS is required in relation to a development proposal if this Act requires a completed environmental impact statement in relation to the proposal, unless the application for development approval for the proposal is exempted under section 205.

Note A completed EIS is required under s 126. See div 7.2.4 for requirements for applications in the impact track.

The Minister may exempt a development application for approval for a proposal from a requirement to include an EIS if satisfied that the expected environmental impact of the proposal has already been sufficiently addressed by another study, whether or not the study relates to the particular proposal.

(1) This section applies if the proponent for a development proposal for which a completed EIS is required applies to the planning and land authority under this section.

(2) The planning and land authority must—

(a) identify the matters that are to be addressed by an EIS in relation to the development proposal; and

(b) prepare a written notice (the scoping document) of the matters.

Note The time for giving a scoping document to the applicant is set out in s 208.

(3) A regulation may prescribe entities the planning and land authority may or must consult in preparing a scoping document.

(1) The matters identified in the scoping document for a development proposal must include any minimum content for scoping documents prescribed by regulation.

(2) The planning and land authority may, in the scoping document for a development proposal, require the proponent to engage a consultant to help prepare an EIS for the proposal.