Australian Capital Territory
Districts Act 2002    
A2002-39
Republication No 5
Effective:  3 March 2010 – 20 September 2011
Republication date: 3 March 2010
Last amendment made by A2010-6

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Districts Act 2002 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 3 March 2010.  It also includes any amendment, repeal or expiry affecting the republished law to 3 March 2010.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Districts Act 2002

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	3	Dictionary	2
	4	Notes	2
Part 2	Dividing land
	5	Districts	3
	6	Divisions, sections and blocks	3
	7	Deposited plans	4
	8	Evidence	5
	9	Description of parcel of land for dealings	5
	10	Change of district or division names	5
	11	Correction etc of instruments	6
	12	Inspection of plans	6
Part 3	Street addresses
	13	Allocation of street addresses	7
	14	Guidelines about allocation of street addresses	7
	15	Requirement to display allocated address etc	8
	16	Action if requirement not complied with	9
Part 4	Digital cadastral database
	17	Digital cadastral database	10
Part 5	Miscellaneous
	18	Delegation by Minister	11
	19	Regulation-making power	11
Dictionary		12
Endnotes
	1	About the endnotes	13
	2	Abbreviation key	13
	3	Legislation history	14
	4	Amendment history	14
	5	Earlier republications	15

Australian Capital Territory
Districts Act 2002

An Act to provide for the division and description of land, and for other purposes

    

 

Part 1	Preliminary
1	Name of Act
This Act is the Districts Act 2002.
3	Dictionary
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 words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act or in other legislation.
	For example, the signpost definition ‘digital cadastral database—see section 17.’ means that the expression ‘digital cadastral database’ is defined in that section.
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 2001, s 155 and s 156 (1)).
4	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.

Part 2	Dividing land
5	Districts
	(1)	The Minister must, by deposited plan, divide the land in the ACT into districts.
	(2)	The boundaries of each district are the boundaries shown on the deposited plan by which the district is created.
	(3)	The Minister must, in writing, determine a distinguishing name for each district.
	(4)	A determination is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act 2001.
6	Divisions, sections and blocks
	(1)	The Minister may, by deposited plan, do any of the following:
	(a)	divide a district, or part of a district, into divisions or blocks;
	(b)	divide a division, or part of a division, into sections;
	(c)	divide a section into blocks.
	(2)	The boundaries of each division, section or block are the boundaries shown on the deposited plan by which the division, section or block is created.
	(3)	The Minister must determine a distinguishing name for each division under the Public Place Names Act 1989, section 3 (1) (a).
Note	A determination under the Public Place Names Act 1989 is a disallowable instrument (see s 3 (3)).
	(4)	The Minister must give each section and block a distinguishing number.
7	Deposited plans
	(1)	A deposited plan is a plan prepared by a registered surveyor and registered by the registrar-general under this section.
	(2)	The plan must—
	(a)	set out the boundaries of, and the distinguishing name or number for, each district, division, section or block to be created by the plan; and
	(b)	be lodged with the registrar-general in registrable form.
Note	A fee may be determined under the Land Titles Act 1925, s 139 for lodging plans with the registrar-general.
	(3)	The registrar-general may register the plan only if the surveyor-general has certified that—
	(a)	the land divided by the plan is correctly described; and
	(b)	the plan complies with this Act.
	(4)	For subsection (3) (a), the surveyor-general may certify that land divided by the plan is correctly described only if––
	(a)	the boundaries of the land have been established by a registered surveyor––
	(i)	by survey; or
	(ii)	for land that the plan divides into districts or divisions or that the surveyor-general is satisfied is to be the subject of a holding lease––by reference to information in the digital cadastral database; and
	(b)	the plan and the information in the digital cadastral database are not inconsistent with each other.
	(5)	If this section is complied with, the registrar-general must register the plan by entering particulars of the plan, including a number for the plan, in the register kept by the registrar-general under the Land Titles Act 1925, section 43.
	(6)	If the plan amends another deposited plan, the registrar-general must also enter a reference to the amendment on the other deposited plan.
	(7)	In this section:
holding lease means a lease issued to allow for urban development and subdivision.
registrable form—a plan is in registrable form if—
	(a)	it does not require a material correction, alteration or addition; and
	(b)	it is in a printed or electronic form that the registrar-general is satisfied is suitable for registration; and
	(c)	it is otherwise in accordance with this Act.
8	Evidence 
A deposited plan is evidence of the measurements and boundaries of the areas of land shown on it unless the contrary is proved.
9	Description of parcel of land for dealings
The description of a parcel of land by reference to the name or number of the district, division, section or block by which the parcel of land is described in the deposited plan on which the parcel of land is shown is sufficient description of the parcel of land for dealings with the parcel of land.
10	Change of district or division names
	(1)	This section applies if—
	(a)	a name (the earlier name) has been determined for a district or division as mentioned in section 5 (Districts) or section 6 (Divisions, sections and blocks); and
	(b)	another name (the later name) is later determined for the district or division.
	(2)	A reference in a deposited plan or any other instrument to the earlier name is, from the time the later determination has effect, taken to be a reference to the later name.
11	Correction etc of instruments
	(1)	If an instrument relating to a parcel of land shown in a deposited plan is presented to the registrar-general, the registrar-general must make the entries, cancellations and corrections (if any) to the instrument the registrar-general considers necessary so that the parcel of land is described by reference to the name or number of the district, division, section or block by which it is described in the deposited plan.
	(2)	In this section:
instrument means the original of an instrument in the register kept under the Land Titles Act 1925, section 43.
12	Inspection of plans
	(1)	The registrar-general must make plans lodged under this Act available for inspection at the registrar-general’s office.
	(2)	The registrar-general may also make plans available for inspection in other ways (for example, by emailing copies to people on request).
	(3)	Plans may be made available for inspection in printed or electronic form.
Note	A fee may be determined under the Land Titles Act 1925, s 139 for inspection of plans.

Part 3	Street addresses
13	Allocation of street addresses
	(1)	The Minister may allocate a street address to a block or unit.
	(2)	The allocation must be in accordance with the guidelines (if any) made by the Minister under section 14.
	(3)	If the Minister allocates a street address to a block or unit, the Minister must—
	(a)	record details of the street address in—
	(i)	a register kept for this section by the Minister; and
	(ii)	the digital cadastral database; and
	(b)	make details of the street address publicly available (for example, through ACT government shopfronts and public libraries).
14	Guidelines about allocation of street addresses
	(1)	The Minister may make written guidelines about the allocation of street addresses to blocks and units.
	(2)	The guidelines may make provision about a matter by applying, adopting or incorporating an Australian Standard, or a provision of an Australian Standard, as in force from time to time.
Note 1	The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act 2001, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2	A notifiable instrument must be notified under the Legislation Act 2001.
	(3)	The guidelines are a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act 2001.
15	Requirement to display allocated address etc
	(1)	This section applies if—
	(a)	details of the allocated address for a block or unit have been recorded and made available under section 13; and
	(b)	either—
	(i)	the allocated address is not displayed at the frontage of the block or unit; or
	(ii)	a street address other than the allocated address is displayed at the frontage of the block or unit; and
	(c)	the owner of the block or unit has been given written notice of the allocated address.
	(2)	The Minister may, in writing, require the owner of the block or unit—
	(a)	to display the allocated address at the frontage of the block or unit; or
	(b)	if a street address other than the allocated address is displayed at the frontage of the block or unit—
	(i)	to remove the street address; and
	(ii)	to display the allocated address at the frontage of the block or unit.
Note	For how documents may be served, see Legislation Act 2001, pt 19.5.
	(3)	The requirement must state the time within which the action must be taken.
	(4)	The time stated must not be less than 21 days after the day the requirement is made.
16	Action if requirement not complied with
	(1)	This section applies if the owner of a block or unit does not comply with a requirement under section 15 in relation to the block or unit.
	(2)	The Minister may arrange for the taking of reasonable action to ensure—
	(a)	the allocated address is displayed at the frontage of the block or unit; or
	(b)	the street address other than the allocated address is removed from, and the allocated address displayed at, the frontage of the block or unit.
	(3)	The reasonable cost of work carried out under this section is a debt owing to the Territory by the owner of the block or unit.

Part 4	Digital cadastral database
17	Digital cadastral database
	(1)	The planning and land authority must keep an electronic database of information about land in the ACT (the digital cadastral database).
	(2)	The digital cadastral database must include the following information:
	(a)	the boundaries of, and the distinguishing name or number for, each district, division, section and block created under section 5 (Districts) or section 6 (Divisions, sections and blocks of districts);
	(b)	each allocated address.
	(3)	The digital cadastral database may include any other information the planning and land authority considers appropriate.

Part 5	Miscellaneous
18	Delegation by Minister
	(1)	The Minister must not delegate the Minister’s functions under this Act to someone other than the surveyor-general.
Note	For the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4.
	(2)	Subsection (1) has effect despite the Legislation Act 2001, section 254A (Delegation by Minister).
19	Regulation-making power
The Executive may make regulations for this Act.
Note	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

Dictionary
(see s 3)
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the following terms that are defined in the Legislation Act 2001, dict, pt 1, are particularly relevant to this Act: 
·	function
·	registered surveyor
·	registrar-general
·	surveyor-general.
allocated address, for a block or unit, means the street address allocated to the block or unit under section 13.
block means a block under section 6.
deposited plan—see section 7.
digital cadastral database—see section 17.
district means a district under section 5.
division, in relation to land, means a division under section 6.
section, in relation to land, means a section under section 6.
unit—see the Unit Titles Act 2001, section 9.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	par = paragraph/subparagraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	pt = part	
div = division	r = rule/subrule	
exp = expires/expired	renum = renumbered	
Gaz = gazette	reloc = relocated	
hdg = heading	R[X] = Republication No	
IA = Interpretation Act 1967	RI = reissue	
ins = inserted/added	s = section/subsection	
LA = Legislation Act 2001	sch = schedule	
LR = legislation register	sdiv = subdivision	
LRA = Legislation (Republication) Act 1996	sub = substituted	
mod = modified/modification	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
Districts Act 2002 No 39
notified LR 10 October 2002
s 1, s 2 commenced 10 October 2002 (LA s 75 (1))
remainder commenced 11 October 2002 (s 2)
as amended by
Public Place Names Amendment Act 2002 No 54 s 6
notified LR 20 December 2002
s 1, s 2 commenced 20 December 2002 (LA s 75 (1))
s 6 commenced 21 December 2002 (s 2)
Surveyors Act 2007 A2007-33 sch 1 pt 1.1
notified LR 25 October 2007
s 1, s 2 commenced 25 October 2007 (LA s 75 (1))
sch 1 pt 1.1 commenced 14 November 2007 (s 2 and CN2007-15)
Surveyors Amendment Act 2010 A2010-6 sch 1 pt 1.1
notified LR 2 March 2010
s 1, s 2 commenced 2 March 2010 (LA s 75 (1))
sch 1 pt 1.1 commenced 3 March 2010 (s 2)
4	Amendment history
Commencement
s 2	om LA s 89 (4)
Divisions, sections and blocks
s 6	am 2002 No 54 s 6
Deposited plans
s 7	am A2007-33 amdt 1.1, amdt 1.4; A2010-6 amdt 1.1
Digital cadastral database
s 17	am A2007-33 amdt 1.2, amdt 1.3
Delegation by Minister
s 18	am A2007-33 amdt 1.4; A2010-6 amdt 1.2
Transitional and consequential provisions
pt 6 hdg	exp 11 October 2003 (s 23)
Districts and deposited plans under repealed Act
s 20	exp 11 October 2003 (s 23)
Repeal of Districts Act 1966
s 21	om LA s 89 (3)
Amended Acts
s 22	om LA s 89 (3)
Expiry of pt 6
s 23	exp 11 October 2003 (s 23)
Amendments of other Acts
sch 1	om LA s 89 (3)
Dictionary
dict	am A2007-33 amdt 1.4; A2010-6 amdt 1.3, amdt 1.4
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No and date	Effective	Last amendment made by	Republication for	
R1
11 Oct 2002	11 Oct 2002–
20 Dec 2002	not amended	new Act	
R2
21 Dec 2002	21 Dec 2002–
11 Oct 2003	A2002-54	amendments by A2002-54	
R3
12 Oct 2003	12 Oct 2003–
13 Nov 2007	A2002-54	commenced expiry	
R4
14 Nov 2007	14 Nov 2007–
2 Mar 2010	A2007-33	amendments by A2007-33	

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