Australian Capital Territory
Planning and Development Act 2007    
A2007-24
Republication No 6 (RI)
Effective:  26 August 2008 – 15 September 2008
Republication date: 26 August 2008
Reissued: 16 September 2008 for retrospective modification by 
SL2008-2 as amended by SL2008-41
Last amendment made by A2008-28

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Planning and Development Act 2007 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 August 2008.  It also includes any amendment, repeal or expiry affecting the republished law to 26 August 2008.  
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 includes 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
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Planning and Development Act 2007

Contents
	Page
Chapter 1	Preliminary
	1	Name of Act	2
	3	Dictionary	2
	4	Notes	2
	5	Offences against Act—application of Criminal Code etc	3
Chapter 2	Object and important concepts
	6	Object of Act	4
	7	Meaning of development	4
	8	Meaning of use—Act	5
	9	Meaning of sustainable development	6
Chapter 3	The planning and land authority and chief planning executive
Part 3.1	The planning and land authority
	10	Establishment of authority	7
	11	Territory bound by actions of authority	7
Part 3.2	Functions of planning and land authority
	12	Authority functions	8
	13	Authority to comply with directions	10
Part 3.3	Operations of planning and land authority
	14	Ministerial directions to authority	11
	15	Assembly may recommend directions to authority	12
	16	Statement of planning intent	12
	17	Provision of planning services to others—ministerial approval	13
	18	Reports by authority to Minister	13
	19	Authority’s annual report	13
	20	Delegations by authority	14
Part 3.4	The chief planning executive
	21	Appointment of chief planning executive	15
	22	Chief planning executive’s employment conditions	15
	23	Functions of chief planning executive	15
	24	Suspension or ending of chief planning executive’s appointment	16
Part 3.5	Authority staff and consultants
	25	Authority staff	18
	26	Authority consultants	18
Part 3.6	Public register and associated documents
	27	Authority to keep public register	19
	28	Contents of public register	19
	29	Inspection etc of public register and associated documents	21
	30	Meaning of associated document—pt 3.6	22
Chapter 4	The land development agency
Part 4.1	Establishment and functions of land agency
	31	Establishment of land agency	25
	32	Functions of land agency	25
	33	Exercise of land agency functions	26
Part 4.2	Financial and general land agency provisions
	34	Proceeds of lease sales	27
	35	Payment of funds to Territory	27
	36	Liability for territory taxes	28
	37	Ministerial directions to land agency	28
	38	Territory to compensate land agency for cost of complying with directions	29
	39	Land agency board committees	29
	40	Land agency’s annual report	29
	41	Delegation by land agency	30
Part 4.3	Land agency board
	42	Establishment of land agency board	31
	43	Land agency board members	31
Part 4.4	Land agency staff and consultants
	44	Land agency staff	33
	45	Land agency consultants	33
Chapter 5	Territory plan
Part 5.1	The territory plan, its object and effect
	46	Territory plan	34
	47	Public availability of territory plan	34
	48	Object of territory plan	35
	49	Giving effect to object of territory plan	35
	50	Effect of territory plan	35
Part 5.2	Contents of territory plan
	51	Contents of territory plan	36
	52	Statement of strategic directions	37
	53	Objectives for zones	37
	54	Development tables	37
	55	Codes in territory plan	38
	56	Territory plan map	39
Part 5.3	Variations of territory plan other than technical amendments
Division 5.3.1	Overview, interpretation and application—pt 5.3
	57	How territory plan is varied under pt 5.3	40
	58	Definitions—pt 5.3	41
	59	Pt 5.3 does not apply to technical amendments	43
Division 5.3.2	Consultation on draft plan variations
	60	Preparation of draft plan variations	43
	61	Consultation etc about draft plan variations being prepared	43
	62	Ministerial requirements for draft plan variations being prepared	44
	63	Public consultation—notification	44
	64	Public consultation—notice of interim effect etc	46
	65	Effect of draft plan variations publicly notified	46
	66	Public consultation—availability of draft plan variations etc	47
	67	Public inspection of comments on draft plan variations	48
Division 5.3.3	Action after consultation about draft plan variations
	68	Revision and withdrawal of draft plan variations	48
Division 5.3.4	Draft plan variations given to Minister
	69	Draft plan variations to be given to Minister etc	49
	70	Public notice of documents given to Minister	50
	71	Public availability notice—notice of interim effect etc	51
	72	Effect of draft plan variations given to Minister	51
Division 5.3.5	Consideration of draft plan variations by Assembly committee
	73	Consideration of draft plan variations by Legislative Assembly committee	52
	74	Committee reports on draft plan variations	53
	75	Committee fails to report promptly on draft plan variations	53
Division 5.3.6	Ministerial and Legislative Assembly action on draft plan variations
	76	Minister’s powers in relation to draft plan variations	53
	77	Minister may revoke approval of draft plan variations before presentation	56
	78	Return of draft plan variations to authority	56
	79	Presentation of plan variations to Legislative Assembly	57
	80	Assembly may reject plan variations completely or partly	57
	81	Effect of dissolution etc of Legislative Assembly	58
	82	Consequences of rejection of plan variations by Legislative Assembly	58
Division 5.3.7	Commencement and publication of plan variations
	83	Commencement and publication of plan variations	59
	84	Partial rejection of plan variations by Legislative Assembly	60
	85	Partial rejection of plan variations—publication etc	61
Part 5.4	Plan variations—technical amendments
	86	Definitions—pt 5.4	62
	87	What are technical amendments of territory plan?	62
	88	Is consultation needed for technical amendments?	63
	89	Making technical amendments	63
	90	Limited consultation	64
Part 5.5	Plan variations—structure plans and rezoning
	91	Including structure plan by plan variation	66
	92	What is a structure plan?	66
	93	What is a concept plan?	66
	94	What is an estate development plan?	66
	95	Rezoning—future urban areas	67
	96	When land ceases to be in future urban area	68
	96A	Rezoning—boundary changes	68
Part 5.6	Planning reports and strategic environmental assessments
	97	What is a planning report?	70
	98	Preparation of planning reports	70
	99	What is a strategic environmental assessment?	71
	100	Preparation of strategic environmental assessments	71
	101	Regulation about strategic environmental assessments	71
Part 5.7	Review of territory plan
	102	Consideration of whether review of territory plan necessary	73
	103	Review of territory plan	74
Part 5.8	Territory plan—miscellaneous
	104	Limitations on challenge to validity of territory plan provisions	75
Chapter 6	Planning strategy
	105	Planning strategy	76
	106	Public availability of planning strategy	76
	107	Main object of planning strategy	76
	108	Relationship with territory plan	76
	109	Consideration of planning strategy	76
	110	Consideration of whether review of planning strategy necessary	77
	111	If review of planning strategy necessary	78
Chapter 7	Development approvals
Part 7.1	Outline
	112	Outline—ch 7	79
Part 7.2	Assessment tracks for development applications
Division 7.2.1	Operation of assessment tracks generally
	113	Relationship between development proposals and development applications	81
	114	Application of assessment tracks to development proposals	81
	115	Application of inconsistent code requirements	82
Division 7.2.2	Code track
	116	Code track—when development approval must be given	83
	117	Code track—notification, right of review, governmental consultation and reconsideration	83
	118	Code track—time for decision on application	84
Division 7.2.3	Merit track
	119	Merit track—when development approval must not be given	84
	120	Merit track—considerations when deciding development approval	85
	121	Merit track—notification and right of review	86
	122	Merit track—time for decision on application	86
Division 7.2.4	Impact track
	123	Impact track applicability	87
	124	Minister may declare impact track applicable	87
	125	Declaration by Public Health Act Minister affects assessment track	89
	126	Declaration etc of impact track after application	89
	127	Impact track—development applications	90
	128	Impact track—when development approval must not be given	90
	129	Impact track—considerations when deciding development approval	91
	130	Impact track—notification and right of review	92
	131	Impact track—time for decision on application	93
Division 7.2.5	Development proposals not in development table and not exempted
	132	Impact track applicable to development proposals not otherwise provided for	93
Division 7.2.6	Exempt development
	133	What is an exempt development?	94
	134	Exempt development—authorised use	94
	135	Exempt development—no need for application or approval	96
Division 7.2.7	Prohibited development
	136	Development proposals for prohibited development	97
	137	Applications for development approval in relation to use for otherwise prohibited development	97
Part 7.3	Development applications
Division 7.3.1	Pre-application advice on development proposals
	138	Consideration of development proposals	99
Division 7.3.2	Requirements for development applications
	139	Form of development applications	100
	140	Effect of approvals in development applications	103
	141	Authority may require further information—development applications	104
	142	Effect of failure to provide further information—development applications	105
	143	Correcting development applications	105
	144	Amending development applications	106
	145	Referred development application amended	107
	146	Notice of amended development applications	107
	147	Withdrawal of development applications	108
Division 7.3.3	Referral of development applications
	148	Some development applications to be referred	108
	149	Requirement to give advice in relation to development applications	109
	150	Effect of no response by referral entity	109
	151	Effect of advice by referral entity	109
Division 7.3.4	Public notification of development applications and representations
	152	What is publicly notifies for ch 7?	112
	153	Public notice to adjoining premises	113
	154	Public notice to registered interest-holders	114
	155	Major public notification	114
	156	Representations about development applications	115
	157	Meaning of public consultation period for development applications—Act	116
Division 7.3.5	Ministerial call-in power for development applications
	158	Direction that development applications be referred to Minister	116
	159	Minister may decide to consider development applications	117
	160	Minister decides to consider referred development applications	118
	161	After Minister decides referred development applications	119
Division 7.3.6	Deciding development applications
	162	Deciding development applications	119
	163	Power to approve etc development applications deemed refused	121
	164	Refusal does not affect existing use	122
	165	Conditional approvals	122
	165A	Lease to be varied to give effect to development approval	125
Division 7.3.7	Extensions of time for deciding development applications
	166	Extension of time for further information—further information sufficient	125
	167	Extension of time for further information—further information insufficient	126
	168	Extension of time for further information—no further information given	127
	169	Extension of time—application amended	128
Division 7.3.8	Notice of decisions on development applications
	170	Notice of approval of application	128
	171	Notice of refusal of application	129
	172	Notice of decision on referred development application	130
	173	Notice if representation by 2 or more people	130
	174	Notice of decision to referral entities	131
Division 7.3.9	Effect and duration of development approvals
	175	When development approvals take effect—no representations and no right of review	131
	176	When development approvals take effect—single representation with AAT review right	132
	177	When development approvals take effect—multiple representations with AAT review rights	133
	178	When development approvals take effect—AAT review	134
	179	When development approval takes effect—activity not allowed by lease	135
	180	When development approval takes effect—condition to be met	136
	181	When development approval takes effect—activity not allowed by lease and condition to be met	137
	182	When development approval takes effect—application for reconsideration	137
	183	When development approval takes effect—reconsideration and review right	138
	184	End of development approvals other than lease variations	139
	185	End of development approvals for lease variations	141
	186	End of development approvals for use under lease without lease variation, licence or permit	141
	187	End of development approvals for use under licence or permit	143
	188	Development approvals continue unless ended	144
	189	Revocation of development approvals	145
Division 7.3.10	Reconsideration of decisions on development applications
	190	Definitions—div 7.3.10	145
	191	Applications for reconsideration	146
	192	Notice to AAT of reconsideration application	147
	193	Reconsideration	147
	194	No action by authority within time	149
	195	Notice of decisions on reconsideration	149
Division 7.3.11	Correction and amendment of development approvals
	196	Correcting development approvals	150
	197	Applications to amend development approvals	150
	198	Deciding applications to amend development approvals	151
Part 7.4	Developments without approval
	199	Offence to develop without approval	153
	200	Offence to undertake prohibited development	154
	201	Development authorised by approval before prohibition	156
	202	Offence to develop other than in accordance with conditions	156
	203	Development other than use lawful when begun	157
	204	Use as development lawful when begun	157
	205	Development applications for developments undertaken without approval	158
Chapter 8	Environmental impact statements and inquiries
Part 8.1	Interpretation—ch 8
	206	Definitions—ch 8	160
	207	Proponents	161
Part 8.2	Environmental impact statements
	208	What is an EIS and a s 125-related EIS?	162
	209	When is an EIS completed?	162
	209A	When is a s 125-related EIS completed?	163
	210	When is a completed EIS required?	164
	211	EIS not required if development application exempted	164
	212	Scoping of EIS	165
	213	Contents of scoping document	165
	214	Time to provide scoping document	165
	215	Term of scoping document	166
	216	Preparing draft EIS	166
	217	Public notification of draft EIS	167
	218	Meaning of public consultation period for draft EIS—Act	167
	219	Representations about draft EIS	167
	220	Publication of representations about draft EIS	168
	221	Revising draft EIS	169
	222	Authority consideration of EIS	169
	223	EIS given to authority out of time	170
	224	Chance to address unaddressed matters	171
	225	Giving EIS to Minister	172
	226	Notice of no action on EIS given to Minister	172
	227	Minister may present EIS to Legislative Assembly	173
Part 8.3	Inquiry panels
	228	Establishment of inquiry panels	174
	229	How does the Minister establish an inquiry panel?	175
	230	Time for reporting by inquiry panels	175
	231	Inquiry panel findings and report to be independent	176
	232	Protection of people on inquiry panels from liability	176
	233	Recovery of inquiry panel costs	177
Chapter 9	Leases and licences
Part 9.1	Definitions and application—ch 9
	234	Definitions—ch 9	178
	235	Meaning of concessional lease and lease—Act	180
Part 9.2	Grants of leases generally
	236	Effect subject to pt 9.7	182
	237	Authority may grant leases	182
	238	Granting leases	182
	239	Eligibility for grant of lease	183
	240	Restriction on direct sale by authority	183
	241	Direct sale if single person in restricted class	184
	242	Notice of direct sale	185
	243	Direct sale leases subject to agreed provisions	186
	244	Authority need not grant lease	186
	245	Planning report before granting leases	186
	246	Payment for leases	187
	247	Use of land for leased purpose	188
	248	Access to leased land from roads and road related areas	188
	249	No right to use, flow and control of water	189
	250	Failure to accept and execute lease	189
	251	Restrictions on dealings with certain leases	190
	252	Consent to s 251 dealings	192
	253	Leases held by Territory not to be transferred or assigned	193
Part 9.3	Grants of further leases
	254	Grant of further leases	194
	255	Grant of further lease includes authorised use	195
Part 9.4	Concessional leases
Division 9.4.1	Deciding whether leases concessional
	256	Application for decision about whether lease concessional	196
	257	Decision about whether lease concessional	196
	258	Authority may decide whether lease concessional on own initiative	197
	259	Decision that lease is concessional	198
Division 9.4.2	Varying concessional leases to remove concessional status
	260	Application—div 9.4.2	199
	261	No decision on application unless consideration in public interest	199
	262	Development approval of application about concessional lease subject to condition	200
	263	Working out amount payable to discharge concessional leases	200
	264	Uses under leases varied by surrender and regrant to remove concessional status	201
Division 9.4.3	Restrictions on dealings with concessional leases
	265	Restrictions on dealings with concessional leases	202
	266	Consent to s 265 dealings	202
Part 9.5	Rent variations and relief from provisions of leases
	266A	Application to land rent—pt 9.5	204
	267	Variations of rent	204
	268	Review of variations of rent	204
	269	Reduction of rent and relief from provisions of lease	205
Part 9.6	Lease variations
Division 9.6.1	Lease variations—general
	270	Effect subject to pt 9.7	207
Division 9.6.2	Variation of rental leases
	271	Variation of rental leases	207
	272	Advice of rent payable on variation of lease	208
	272A	Application for rent payout lease variation	208
	272B	Decision on rent payout lease variation application	209
	272C	Policy directions for paying out rent	210
	272D	Power to decide rent payout applications deemed refused	210
	273	Lease to be varied to pay out rent	210
	274	No variations to extend term	211
	275	No variation of certain leases for 5 years	211
Division 9.6.3	Variation of nominal rent leases
	276	Variation of nominal rent lease—change of use charge	211
	277	Working out change of use charge	212
	278	When authority must remit change of use charge	214
	279	When authority must increase change of use charge	214
Part 9.7	Rural leases
Division 9.7.1	Further rural leases
	280	Determination of amount payable for further leases—rural land	215
	281	Fixing period for further leases—rural land	215
Division 9.7.2	Exceptions for rural leases
	282	Definitions—div 9.7.2	216
	283	Land management agreements	216
	284	Dealings with rural leases	217
	285	Exceptions to s 283 and s 284	218
	286	Delayed requirement to enter into land management agreement	219
	287	No subdivision or consolidation of rural leases	219
Part 9.8	Leases—improvements
	288	Definitions—pt 9.8	220
	289	Application of pt 9.8 to improvements	220
	290	Renewing lessee not liable to pay for improvements	221
	291	Authority to pay for certain improvements	221
	292	Land declared available for further lease	222
	293	Lease surrendered or terminated	222
	294	Withdrawal of lease or part before end	223
	295	Deciding value of improvements	224
Part 9.9	Leases—certificates of compliance and building and development provisions
	296	Certificates of compliance	226
	297	Certificates of compliance relating to Unit Titles Act leases	226
	298	Transfer of land subject to building and development provision	227
	298A	Application for extension of time to commence or complete building and development	230
	298B	Extension of time to commence or complete building and development	231
Part 9.10	Surrendering and termination of leases
	299	Lessee may surrender lease or part of lease	233
	300	Refund on lease surrender or termination	233
Part 9.11	Licences for unleased land
	301	Criteria for granting licences for unleased land	234
	302	Applications for licences for unleased land	234
	303	Decision on licence applications for unleased land	235
	304	Licences—form etc	235
	305	Licences—when not needed	235
Part 9.12	Leases and licences—miscellaneous
	306	Land leased to be held as undivided parcel	237
	307	Power of lessee to sublet part of building	237
	308	Power of lessee to sublet part of land	237
	309	Subletting for siting of mobile homes	238
	310	Reservation of minerals	238
	311	Access to lease documents and development agreements	239
	312	How land may be recovered if former lessee or licensee in possession	239
Chapter 10	Management of public land
Part 10.1	Interpretation—ch 10
	313	Definitions—ch 10	241
Part 10.2	Providing for public land
	314	Recommendations to authority	242
Part 10.3	Management of public land
	315	Reserved areas—public land	243
	316	Management of public land	243
	317	Management objectives for areas of public land	243
Part 10.4	Plans of management for public land
	318	Definitions—pt 10.4	245
	319	Content of plans of management	245
	320	Preparation of plans of management	246
	321	Variations of plans of management other than technical variations	246
	322	Planning reports and SEAs—draft plans of management	247
	323	Public consultation about draft plans of management	247
	324	Revision of draft plans of management	248
	325	Giving draft plans of management to Minister	248
	326	Consideration of draft plans of management by Legislative Assembly committee	249
	327	Minister’s powers on receiving draft plans of management	249
	328	Referral of draft plans of management to proponent	250
	329	Notice of revival of deferred draft plans of management	251
	330	Plans of management—notification, presentation, disallowance and date of effect	251
	331	Technical variations	252
	332	Review of plans of management	253
Part 10.5	Custodianship map
	333	What is a custodian?	254
	334	Custodianship map	254
Part 10.6	Leases for public land
	335	Definitions—pt 10.6	255
	336	Leases of public land—generally	255
	337	Grant of leases of public land	255
Part 10.7	Public land—miscellaneous
	338	Miners’ rights in relation to public land	256
Chapter 11	Controlled activities
Part 11.1	Interpretation—ch 11
	339	Definitions	257
Part 11.2	Complaints about controlled activities
	340	Who may complain?	258
	341	Form of complaints	258
	342	Withdrawal of complaints	259
	343	Further information about complaints etc	260
	344	Investigation of complaints	260
	345	Action after investigating complaints	260
	346	When authority satisfied no further action on complaint necessary	263
	347	Referral of complaints under s 345 (1) (b)	263
	348	Use of information received and discovered	264
Part 11.3	Controlled activity orders
Division 11.3.1	Controlled activity orders on application
	349	Meaning of show cause notice—div 11.3.1	265
	350	Applications to authority for controlled activity orders	265
	351	Decision on application for controlled activity order	266
Division 11.3.2	Controlled activity orders on authority’s initiative
	352	Meaning of show cause notice—div 11.3.2	268
	353	Controlled activity orders on authority’s own initiative	268
	354	Inaction after show cause notice	269
	355	Decision on proposed controlled activity order on authority’s own initiative	269
Division 11.3.3	Ongoing controlled activity orders
	356	What is an ongoing controlled activity order?	270
	357	When can an ongoing controlled activity order be made?	270
Division 11.3.4	Provisions applying to all controlled activity orders
	358	Content of controlled activity orders	271
	359	Notice of making of controlled activity orders	273
	360	Who is bound by a controlled activity order?	274
	361	Contravening controlled activity orders	274
	362	Notice of appeal against controlled activity orders	275
	363	Ending controlled activity orders	275
	364	Notice ending controlled activity orders	276
Part 11.4	Rectification work
	365	Definitions—pt 11.4	277
	366	Direction to carry out rectification work	277
	367	Contravening direction to carry out rectification work	279
	368	Authorisation to carry out rectification work	279
	369	Obligation and powers of authorised people	280
	370	Rectification work by authorised people	280
	371	Liability for cost of rectification work	281
	372	Criteria for deferral of rectification work costs	281
	373	Application for deferral of rectification work costs	282
	374	Deferral of rectification work costs	282
	375	Security for deferred rectification work costs	282
	376	Payment of deferred rectification work costs	283
	376A	Protection of authorised people from liability	283
Part 11.5	Prohibition notices
	377	Giving prohibition notices	285
	378	Contravening prohibition notices	287
	379	Ending prohibition notices	288
	380	Application for revocation of prohibition notices	288
Part 11.6	Injunctions, terminations and ending leases and licences
	381	Injunctions to restrain contravention of controlled activity orders and prohibition notices	289
	382	Termination of leases	290
	383	Termination of licences	290
	384	Notice of termination	291
Part 11.7	Controlled activities—miscellaneous
	385	Victimisation etc	292
Chapter 12	Enforcement
Part 12.1	General
	386	Definitions—ch 12	293
Part 12.2	Inspectors
	387	Appointment of inspectors	294
	388	Identity cards	294
Part 12.3	Powers of inspectors
	389	Power to enter premises	295
	390	Production of identity card	296
	391	Consent to entry without authorised person	296
	391A	Consent to entry with authorised person	297
	391B	Entry on notice for rectification work and monitoring	299
	392	General powers on entry to premises	302
	392A	Power on entry for rectification work	304
	392B	Power to require help on entry under warrant	304
	392C	Power to take samples on entry under warrant	304
	392D	Power to seize things on entry under search warrant	305
	393	Power to require name and address	305
Part 12.4	Information requirements
	395	Information requirements	307
	395A	Authority may ask for information from commissioner for revenue in certain cases	308
	396	Treatment of documents provided under information requirement	309
	397	Contravention of information requirements	309
Part 12.5	Search warrants
	398	Warrants generally	310
	399	Warrants—application made other than in person	311
	400	Search warrants—announcement before entry	312
	401	Details of search warrant to be given to occupier etc	313
	402	Occupier entitled to be present during search etc	313
Part 12.5A	Rectification work orders
	402A	Definitions—pt 12.5A	314
	402B	Meaning of rectification work order—Act	314
	402C	When may inspector apply for rectification work order?	314
	402D	Application for rectification work order generally	315
	402E	Decision on application for rectification work order	316
	402F	Content of rectification work order	316
	402G	Authorisation by rectification work order	317
	402H	Rectification work order—remote application	318
	402I	Rectification work order—after order made on remote application	318
	402J	Entry under rectification work order—no occupier present	319
	402K	Entry under rectification work order—occupier present	320
Part 12.5B	Monitoring warrants
	402L	Definitions—pt 12.5B	321
	402M	Meaning of monitoring warrant—Act	321
	402N	When may inspector apply for monitoring warrant?	321
	402O	Application for monitoring warrant generally	322
	402P	Decision on application for monitoring warrant	322
	402Q	Content of monitoring warrant	323
	402R	Authorisation by monitoring warrant	324
	402S	Monitoring warrant—remote application	324
	402T	Monitoring warrant—after order made on remote application	324
	402U	Entry under monitoring warrant—no occupier present	326
	402V	Entry under monitoring warrant—occupier present	326
Part 12.6	Return and forfeiture of things seized
	403	Receipt for things seized	327
	404	Moving things to another place for examination or processing under search warrant	327
	405	Access to things seized	328
	406	Return of things seized	329
Chapter 13	Review of decisions
	407	Definitions—ch 13	331
	408	AAT review—general	332
	409	AAT review—people who made representations etc	332
	410	Challenge to validity of Ministerial decisions on development applications	333
Chapter 14	Miscellaneous
	411	Restrictions on public availability—comments, applications, representations and proposals	334
	412	Restrictions on public availability—security	336
	413	Damage etc to be minimised	337
	414	Compensation for exercise of enforcement powers	338
	415	Enforcement actions unaffected by other approvals etc	339
	416	Evidence of ending of lease	339
	416A	Basic fences between leased and unleased land	339
	417	Rights to extract minerals	340
	418	Secrecy	341
	419	Meaning of material detriment—Act	342
	420	Ministerial guidelines	343
	421	Expiry of notifiable instruments	343
	422	Declaration of authority website	344
	422A	References in territory plan to certain instruments	344
	423	Construction of outdated references	344
	424	Determination of fees	345
	425	Approved forms	345
	426	Regulation-making power	345
Chapter 15	Transitional
Part 15.1	Transitional—general
	427	Definitions—ch 15	348
	429	Transitional regulations	348
	429A	Modification—s 197 (Applications to amend development approvals)	349
	429B	Modification—s 198 (Deciding applications to amend development approvals)	349
	429C	Modification—div 7.3.11 (Correction and amendment of development approvals)	349
	429D	Modification—s 203 (Development other than use lawful when begun)	349
	429E	Modification—s 204 (Use as development lawful when begun)	349
	429F	Modification—s 298A (Application for extension of time to commence or complete building and development)	349
	430	Transitional effect—Legislation Act, s 88	349
	431	Expiry—ch 15	349
Part 15.2	Transitional—territory plan
	432	Transitional—territory plan	350
	433	Transitional—public consultation on territory plan	350
	434	Transitional—consultation with national capital authority	351
	435	Transitional—variations begun but not notified under repealed Act	352
	436	Transitional—draft plan variations publicly notified under repealed Act	353
	437	Transitional—draft plan variation revised etc under repealed Act	354
	438	Transitional—draft plan variation submitted to Minister under repealed Act	356
	439	Transitional—draft plan variation referred to Legislative Assembly committee under repealed Act	359
Part 15.3	Transitional—planning strategy
	440	Transitional—planning strategy	362
Part 15.4	Development and development applications
	441	Transitional—meaning of development—Act	363
	442	Transitional—applications lodged before commencement day	363
	442A	Transitional—applications for subdivision lodged before commencement day	363
	442B	Transitional—application for review lodged after commencement day for application lodged before commencement day	364
	442C	Transitional—development application lodged on or after commencement day for estate development plan given before commencement day	365
	443	Transitional—applications for review not finally decided	365
	444	Transitional—approvals in force before commencement	365
	444A	Commencement of development approvals under repealed Act	366
	445	Transitional—approvals in force with uncommenced extension	366
	446	Transitional—application for development approval if lease and development condition under repealed Act	366
	446A	Transitional—power to make and apply lease and development conditions	367
	447	Transitional—extended meaning of development approval—s 199	368
Part 15.5	Transitional—existing rights to use land, buildings and structures
	448	Transitional—existing rights to use land etc not affected	369
Part 15.6	Transitional—leases and licences
	449	Transitional—community leases	371
	450	Transitional—special leases—s 251	371
	451	Transitional—Leases Act 1918 leases—s 251	372
	452	Transitional—extended application of s 254	372
	453	Transitional—extended application of s 275	373
	454	Transitional—extended application of s 284	373
	455	Transitional—effect of s 249	373
	456	Transitional—status of leases and licences	374
	456A	Transitional—application for extension of time to commence or complete building and development	374
	458	Transitional—applications for certain grants decided promptly	375
	459	Transitional—applications for certain grants decided after 6 months	375
	459A	Transitional—contracts before commencement day to grant leases	376
	459B	Transitional—conversion of Commonwealth leases	376
	460	Transitional—applications for licences decided promptly	376
	461	Transitional—applications for licence decided after 6 months	376
Part 15.7	Transitional—controlled activities
	462	Transitional—meaning of construction occupations licensee in s 345 (4)	378
	463	Transitional—certain controlled activities	378
Part 15.8	Transitional—administrative
	464	Transitional—chief planning executive	379
	465	Transitional—land agency board members	379
	466	Transitional—inspectors	379
	467	Transitional—plans of management	379
Schedule 1	Reviewable decisions, eligible entities and interested entities	381
Schedule 2	Controlled activities	398
Schedule 3	Management objectives for public land	399
Schedule 4	Development proposals in impact track because of need for EIS	402
Part 4.1	Interpretation—sch 4	402
	4.1	Definitions—sch 4	402
Part 4.2	Development proposals requiring EIS—activities	405
Part 4.3	Development proposals requiring EIS—areas and processes	409
Dictionary		411
Endnotes
	1	About the endnotes	426
	2	Abbreviation key	426
	3	Legislation history	427
	4	Amendment history	429
	5	Earlier republications	444
	6	Modifications of republished law with temporary effect	446

Australian Capital Territory
Planning and Development Act 2007

An Act about planning and development in the ACT 

    

Chapter 1	Preliminary
1	Name of Act
This Act is the Planning and Development Act 2007.
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 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)).
4	Notes
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.
5	Offences against Act—application of Criminal Code etc
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).
Note 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Chapter 2	Object and important concepts
6	Object of Act
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)).
7	Meaning of development
	(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)	subdividing or consolidating the land; 
	(f)	varying a lease relating to the land (other than a variation that reduces the rent payable to a nominal rent);
	(g)	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.
	(2)	In this section:
consolidation—see section 234.
subdivision—
	(a)	includes—
	(i)	the surrender of 1 or more leases held by the same lessee, and the grant of new leases to the lessee to subdivide the parcels of land in the surrendered leases; and
	(ii)	the subdivision of land under the Unit Titles Act 2001; and
	(iii)	the subdivision of land in future urban areas; but
	(b)	does not include subletting a sublease.
8	Meaning of use—Act
In this Act:
use land, or a building or structure on the land, means any of the following:
	(a)	begin a new use of the land, building or structure;
	(b)	continue a use of the land, building or structure;
Note	Development approval is not required for continuing use lawfully commenced (see s 201 and s 204).
	(c)	change a use of the land, building or structure, whether by adding a use, stopping a use and substituting another use or otherwise.
9	Meaning of sustainable development
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.

Chapter 3	The planning and land authority and chief planning executive
Part 3.1	The planning and land authority
10	Establishment of authority
	(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.
11	Territory bound by actions of 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.

Part 3.2	Functions of planning and land authority
12	Authority functions
	(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;
Note	Under s 237 the planning and land authority is authorised to grant, on behalf of the Executive, leases the Executive may grant on behalf of the Commonwealth.
	(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;
Note	The planning and land authority may only provide planning services to somebody other than the Territory with the Minister’s approval (see s 17).
	(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 9.  The statement of planning intent is dealt with in s 16.
Note 2	The planning and land authority must not do anything inconsistent with the territory plan (see s 50) or the national capital plan (see Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth), s 11).
13	Authority to comply with directions
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 14, s 62, s 76, s 98, s 100, s 158, s 245 (2) and s 322.

Part 3.3	Operations of planning and land authority
14	Ministerial directions to authority
	(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.
15	Assembly may recommend directions to authority
	(1)	The Legislative Assembly may, by resolution, recommend that the Minister give the planning and land authority a stated direction under section 14.
	(2)	The Minister must consider the recommended direction and must either—
	(a)	direct the planning and land authority under section 14; 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.
16	Statement of planning intent
	(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 50 (Effect of territory plan) applies to do anything inconsistent with the territory plan.
Example
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).
17	Provision of planning services to others—ministerial approval
The planning and land authority may provide planning services to somebody other than the Territory only with the Minister’s written approval.
18	Reports by authority to Minister
	(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.
19	Authority’s annual report
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.
20	Delegations by authority
	(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.

Part 3.4	The chief planning executive
21	Appointment of chief planning executive
	(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.
22	Chief planning executive’s employment conditions
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.
23	Functions of chief planning executive
The chief planning executive may exercise the functions given to the chief planning executive under this Act or another territory law.
24	Suspension or ending of chief planning executive’s appointment
	(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).

Part 3.5	Authority staff and consultants
25	Authority staff
The planning and land authority’s staff must be employed under the Public Sector Management Act 1994.
26	Authority consultants
	(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.

Part 3.6	Public register and associated documents
27	Authority to keep public register
	(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.
28	Contents of public register
	(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 144; and
	(vii)	if representations under section 156 (other than representations that have been withdrawn) have been received on the application; and
	(viii)	whether the application has been amended under section 197; and
	(ix)	whether the Minister has decided to establish an inquiry panel to inquire about an EIS for the development proposal to which the application relates;
Note	Inquiry panels are established under pt 8.3.
	(b)	if a development application has been decided under section 162—
	(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 197;
	(c)	for each controlled activity order while the order is in force—
	(i)	the premises to which the order relates; and
	(ii)	the directions in the order (see s 358 (3)); and
	(iii)	the person to whom the order is directed;
	(d)	for each direction under section 366 to carry out rectification work while the direction is in force—
	(i)	the premises 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 377 while the notice is in force—
	(i)	the premises 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
Note	Associated document—see s 30.
	(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 411 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
Note	A note about the exclusion must be included in the register (see s 411 (7)).
	(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 412, the information must not be included in the register.
29	Inspection etc of public register and associated documents
	(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.
30	Meaning of associated document—pt 3.6
	(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 139 (2) (c), (d) or (f) (i) to accompany an application;
	(b)	an assessment required under section 139 (2) (e) to accompany the application;
	(c)	a completed EIS required under section 139 (2) (f) (ii) to accompany the application;
Note	For when an EIS is completed, see s 209.
	(d)	a survey certificate required under section 139 (2) (i) to accompany the application;
	(e)	if the planning and land authority has asked for further information under section 141—information provided in accordance with the request;
	(f)	if the planning and land authority corrects the application under section 143—the notice of the correction (see s 143 (2));
	(g)	if the applicant has asked the authority to amend the development application under section 144—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 148 (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 149 (2));
	(j)	if 1 or more representations have been made under section 156 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 161 (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 191 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 195;
	(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 162; 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 an inquiry panel inquires about an EIS for the development proposal to which the application relates—the report the panel gives the Minister under section 230 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 191 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 195;
	(c)	if the planning and land authority corrects the approval under section 196—the notice about the correction (see s 196 (2));
	(d)	if the approval holder has applied to amend the approval under section 197—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 411; or
	(c)	information that must not be made available to the public under section 412.

Chapter 4	The land development agency

Part 4.1	Establishment and functions of land agency
Note to pt 4.1
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.
31	Establishment of land agency
The Land Development Agency (the land agency) is established.
32	Functions of land agency
	(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 48.
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).
33	Exercise of land agency functions
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 37.

Part 4.2	Financial and general land agency provisions
Note to pt 4.2
The land agency must not give a guarantee without the Treasurer’s written approval (see Financial Management Act 1996, s 60).
34	Proceeds of lease sales
Consideration received by the land agency for the sale of a lease of land is income of the land agency.
35	Payment of funds to Territory
	(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.
36	Liability for territory taxes
This Act does not exempt the land agency from liability for a tax under any other territory law.
37	Ministerial directions to land agency
	(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.
38	Territory to compensate land agency for cost of complying with directions
	(1)	The Territory must pay to the land agency the reasonable net cost of complying with a direction under section 37.
	(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.
39	Land agency board committees
	(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.
40	Land agency’s annual report
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 37 (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.
41	Delegation by land agency
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.

Part 4.3	Land agency board
42	Establishment of land agency board
The land agency has a governing board (the land agency board).
Note	An appointment of a governing board member is an appointment under this section (see Financial Management Act 1996, s 78 (5) (b)).
43	Land agency board members
	(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).

Part 4.4	Land agency staff and consultants
44	Land agency staff
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.
45	Land agency consultants
	(1)	The land agency may engage consultants.
	(2)	However, the land agency must not enter into a contract of employment under this section.

Chapter 5	Territory plan
Notes to ch 5
Fees may be determined under s 424 for provisions of this chapter.
If a form is approved under s 425 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).
Part 5.1	The territory plan, its object and effect
46	Territory plan
There must be a territory plan that applies to the ACT.
Note 	The territory plan can be varied (see pt 5.3).
47	Public availability of territory plan
	(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 from the authority 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.
48	Object of territory plan
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.
49	Giving effect to object of territory plan
	(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.
50	Effect of territory plan
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 65 and s 72).

Part 5.2	Contents of territory plan
51	Contents of territory plan
	(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 54.  For more about codes, see s 55.  For more about a territory plan map, see s 56.
	(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 315 (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)	make provision in relation to affordable residential housing; and
	(e)	include anything else relevant to the object of the territory plan.
52	Statement of strategic directions
	(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.
53	Objectives for zones
	(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.
54	Development tables
	(1)	A development table for a zone must set out—
	(a)	the minimum assessment track that applies to each development proposal; and
Note	Assessment tracks are dealt with in ch 7.
	(b)	development that is exempt from requiring development approval; and
Note	Exempt developments are further dealt with in div 7.2.6.
	(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.
Example of possible 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).
	(3)	The assessment tracks, from minimum to maximum, are as follows:
	(a)	code track;
	(b)	merit track;
	(c)	impact track.
55	Codes in territory plan
	(1)	A code (other than a general code or precinct code that is a concept plan) in the territory plan must contain either or both of the following:
	(a)	the detailed rules that apply to development proposals the code applies to;
	(b)	the 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 93 (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 requirements applicable to the Territory, the Executive, a Minister or a Territory authority is a general code.
	(6)	To remove any doubt, a general code may also contain—
	(a)	policies to be complied with; and
	(b)	rules and criteria applicable to development proposals the code applies to.
56	Territory plan map
The territory plan map must set out, in map-form, zones and precincts in the ACT.

Part 5.3	Variations of territory plan other than technical amendments
Note to pt 5.3
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).
Division 5.3.1	Overview, interpretation and application—pt 5.3
57	How territory plan is varied under pt 5.3
	(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 60); or
	(b)	the Minister directs the authority to revise the territory plan or a provision of the plan (see s 14 (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 63) that invites comments on the draft plan variation and, when publicly notified, may give the draft plan variation interim effect (see s 64 and s 65).
	(3)	The planning and land authority—
	(a)	may revise or withdraw the draft plan variation after the end of public consultation (see s 68); and
	(b)	unless the variation is withdrawn, must—
	(i)	give the variation to the Minister for approval (see s 69); and
	(ii)	give notice that the variation and other documents are available for public inspection (see s 70).
	(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 71 and s 72).
	(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 76 (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 77), but otherwise must present the approved plan variation to the Legislative Assembly (see s 79).
	(7)	The Legislative Assembly may reject the plan variation (see s 80) 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 83).
	(8)	Different provisions apply to plan variations that are technical amendments (see s 87), including future urban areas (see pt 5.4 and pt 5.5, particularly s 95).
58	Definitions—pt 5.3
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 61 (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 63 (1) (b).
consultation notice, for a draft plan variation—see section 63 (1).
consultation period, for a draft plan variation—see section 63 (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 60.
plan variation means a draft plan variation approved by the Minister under section 76 (Minister’s powers in relation to draft plan variations).
public availability notice, for a draft plan variation—see section 70.
technical amendments—see section 87.
59	Pt 5.3 does not apply to technical amendments
This part does not apply to technical amendments of the territory plan.
Division 5.3.2	Consultation on draft plan variations
60	Preparation of draft plan variations
The planning and land authority may prepare a document (a draft plan variation) to vary the territory plan.
61	Consultation etc about draft plan variations being prepared
The planning and land authority must, in preparing a draft plan variation under section 60—
	(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 98 and s 100).
	(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.
62	Ministerial requirements for draft plan variations being prepared
	(1)	This section applies if the authority tells the Minister under section 61 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 63.
Note 1	The planning and land authority must comply with a direction given by the Minister (see s 13).
Note 2	Requirements for planning reports and strategic environmental assessments are dealt with in pt 5.6.
	(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.
63	Public consultation—notification
	(1)	Before giving a draft plan variation to the Minister for approval under section 69, 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 64.
	(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 66).
	(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 76 (3) (b) (Minister’s powers in relation to draft plan variations).
64	Public consultation—notice of interim effect etc
	(1)	A consultation notice must state—
	(a)	whether or not section 65 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 65 applies—
	(a)	must also state the effect of section 65; and
	(b)	may also state, for section 65 (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.
65	Effect of draft plan variations publicly notified
	(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 50).
	(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 63); and
	(b)	ending on the day the earliest of the following happens:
	(i)	the day the public availability notice under section 70 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 68 (1) (b) or section 76 (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.
66	Public consultation—availability of draft plan variations etc
	(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)	However, the planning and land authority must not make a part of the draft plan variation or of a background paper available under subsection (1) if satisfied that publication of the part—
	(a)	would disclose a trade secret; or
	(b)	would, or could reasonably be expected to—
	(i)	endanger the life or physical safety of anyone; or
	(ii)	lead to damage to, or theft of, property.
	(3)	If part of a draft plan variation or a background paper is not made available under subsection (1) because of the operation of subsection (2), each copy of the draft plan variation or background paper made available must include—
	(a)	a statement to the effect that an unmentioned part of the document has been excluded; and
	(b)	the reason for the exclusion.
67	Public inspection of comments on draft plan variations
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 411 and s 412.
Division 5.3.3	Action after consultation about draft plan variations
68	Revision and withdrawal of draft plan variations
	(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 65 (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.
Division 5.3.4	Draft plan variations given to Minister
69	Draft plan variations to be given to Minister etc
	(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 68; and
	(b)	if the draft plan variation has been varied under section 68—as varied under section 68.
	(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 73).
70	Public notice of documents given to Minister
	(1)	The planning and land authority must prepare a notice (a public availability notice) stating that the documents mentioned in section 69 (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 69 (2) available for public inspection during office hours during the period, and at the places, stated in the public availability notice.
71	Public availability notice—notice of interim effect etc
	(1)	A public availability notice must state—
	(a)	whether or not section 72 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 72 applies must also state the effect of section 72.
72	Effect of draft plan variations given to Minister
	(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 50).
	(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 70); and
	(b)	ending on the earliest of the following days:
	(i)	the day the corresponding plan variation, or part of it, commences;
Note	The Minister must fix a day for the variation, or part of it, to commence under s 83 or s 84.
	(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 76 (3) (b) (v) or section 84 (3) (b);
	(iv)	the period of 1 year after notification day ends.
draft plan variation includes a provision of a draft plan variation.
Division 5.3.5	Consideration of draft plan variations by Assembly committee
73	Consideration of draft plan variations by Legislative Assembly committee
	(1)	This section applies if the Minister is given a draft plan variation under section 69.
	(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 69 (2) that relate to the draft plan variation.
74	Committee reports on draft plan variations
	(1)	This section applies if the Minister has referred a draft plan variation to a committee of the Legislative Assembly under section 73.
	(2)	The Minister—
	(a)	unless section 75 applies, must not take action under section 76 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 76 in relation to the variation.
75	Committee fails to report promptly on draft plan variations
	(1)	This section applies if—
	(a)	the Minister has referred a draft plan variation to a committee of the Legislative Assembly under section 73; 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 76 in relation to the draft plan variation, even though the committee of the Legislative Assembly has not reported on the variation.
Division 5.3.6	Ministerial and Legislative Assembly action on draft plan variations
76	Minister’s powers in relation to draft plan variations
	(1)	This section applies if—
	(a)	the Minister is given a draft plan variation under section 69 or section 78 (3) or (4); or
	(b)	the Minister revokes the approval of a plan variation (see s 77).
	(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 73); 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
Note	A draft plan variation approved by the Minister is a plan variation (see s 58, def plan variation).
	(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 73 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.
Note—par (a)
The Minister must not take action under this section in some circumstances if the committee has not reported (see s 74 and s 75).
Note—par (b)
The territory plan 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 26).
	(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.
77	Minister may revoke approval of draft plan variations before presentation
	(1)	This section applies if—
	(a)	the Minister has approved a draft plan variation under section 76 (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 76 applies.
78	Return of draft plan variations to authority
	(1)	This section applies if the Minister returns a draft plan variation to the planning and land authority with a direction under section 76 (3) (b).
	(2)	The planning and land authority must comply with each direction.
	(3)	If the direction is given under section 76 (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 68 (6).
	(4)	If the direction is given under section 76 (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 68 (6).
79	Presentation of plan variations to Legislative Assembly
	(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 78 (3) or (4).
	(2)	Subsection (1) is subject to section 77 (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.
80	Assembly may reject plan variations completely or partly
	(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.
81	Effect of dissolution etc of Legislative Assembly
	(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 80 (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 80 (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.
82	Consequences of rejection of plan variations by Legislative Assembly
	(1)	This section applies if a plan variation is completely rejected under section 80 (1), or taken to be completely rejected under section 80 (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 72 (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.
Division 5.3.7	Commencement and publication of plan variations
83	Commencement and publication of plan variations
	(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 80 (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).
84	Partial rejection of plan variations by Legislative Assembly
	(1)	This section applies if a plan variation is partly rejected under section 80 (1) (Assembly may reject plan variations completely or partly), or taken to be partly rejected under section 80 (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 80 (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.
85	Partial rejection of plan variations—publication etc
	(1)	The planning and land authority must publish in a daily newspaper details of—
	(a)	a commencement notice under section 84 (3) (a) for a provision (an approved provision); or
	(b)	a withdrawal notice under section 84 (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).

Part 5.4	Plan variations—technical amendments
    
86	Definitions—pt 5.4
In this part:
code variation—see section 87 (b).
error variation—see section 87 (a).
limited consultation means consultation under section 90.
technical amendment—see section 87.
87	What are technical amendments of territory plan?
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 95 (Rezoning—future urban areas) or section 96 (When land ceases to be in future urban area);
	(d)	a variation to change the boundary of a zone or overlay under section 96A (Rezoning—boundary changes);
	(e)	a variation required to bring the territory plan into line with the national capital plan after a change to the national capital plan.
88	Is consultation needed for technical amendments?
	(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 95 (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 89.
89	Making technical amendments
	(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)	any limited consultation needed for the variation has taken place.
Note	Section 88 sets out when limited consultation is needed.
	(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.
90	Limited consultation
	(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.

Part 5.5	Plan variations—structure plans and rezoning
91	Including structure plan by plan variation
The territory plan may be varied under part 5.3 to include a structure plan.
92	What is 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 51 (2) (a)).
Note 2	Certain development may be prohibited in future urban areas (see s 136).
93	What is a concept plan?
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 55 (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.
94	What is an estate development plan?
	(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 (if any) 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.
Example for par (c)
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).
95	Rezoning—future urban areas
	(1)	The planning and land authority may vary the territory plan under section 89 (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 89 to change the boundary of a future urban area if the change is consistent with the structure plan for the area.
	(3)	However, the planning and land authority must not vary the territory plan under section 89 to change the boundary of a future urban area if part of the boundary proposed to be changed is aligned with the boundary of an existing leasehold.
96	When land ceases to be in future urban area
	(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 89 (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.
96A	Rezoning—boundary changes
	(1)	The planning and land authority may vary the territory plan under section 89 (Making technical amendments) to change the boundary of a zone or overlay if the change is consistent with—
	(a)	the apparent intent of the original boundary line; and
	(b)	the objective for the zone.
	(2)	However, the planning and land authority must not vary the territory plan under section 89 to change the boundary of the zone if part of the boundary proposed to be changed is aligned with the boundary of an existing leasehold.
Examples—changes allowed
1	boundary change consistent with more detailed survey work that reveals copse of trees further away from boundary than intended
2	boundary change to align boundary to boundaries of nearby, recently-created leases
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).

Part 5.6	Planning reports and strategic environmental assessments
97	What is a planning report?
	(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.
98	Preparation of planning reports
	(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 62 and s 245 (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.
99	What is a strategic environmental assessment?
A strategic environmental assessment is a comprehensive environmental assessment, suited to proposals in relation to major policy matters rather than individual development proposals.
Examples of when SEA may be prepared
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).
100	Preparation of strategic environmental assessments
	(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 62 (2) (a).  The authority is required to prepare an assessment under s 103 (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.
101	Regulation about strategic environmental assessments
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.

Part 5.7	Review of territory plan
102	Consideration of whether review of territory plan necessary
	(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 14 (1) (b) and s 13) or if the authority decides the plan should be reviewed (see s 103).
	(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 14 (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.
103	Review of territory plan
	(1)	This section applies if the planning and land authority decides under section 102 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.

Part 5.8	Territory plan—miscellaneous
104	Limitations on challenge to validity of territory plan provisions
	(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.

Chapter 6	Planning strategy
    
105	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.
106	Public availability of planning strategy
The planning strategy is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
107	Main object of planning strategy
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.
108	Relationship with territory plan
	(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.
109	Consideration of planning strategy
	(1)	The planning strategy must be considered by—
	(a)	the planning and land authority under section 61 and section 102 (2) (e); and
	(b)	the Minister under section 76; and
	(c)	the Executive under section 110.
	(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.
110	Consideration of whether review of planning strategy necessary
	(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 107.
	(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.
111	If review of planning strategy necessary
If the Executive decides under section 110 that the planning strategy should be reviewed, the Executive must arrange for the planning strategy to be reviewed.

Chapter 7	Development approvals
Notes to ch 7
Fees may be determined under s 424 for provisions of this chapter.
If a form is approved under s 425 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).
Part 7.1	Outline
112	Outline—ch 7
	(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 rules in the code that applies to the proposals);
Examples of possible code track proposals
1	large pergola
2	below ground swimming pool
3	dual occupancy proposal
4	house extension
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).
	(b)	merit track (for development proposals that can be assessed using the rules and criteria in the code that applies to the proposals);
Examples of possible merit track 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 rules and criteria in the code that applies to the proposals, relevant environmental impact statements and the statement of strategic directions).
Examples of possible impact track proposals
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.
Examples of possible exempt developments
1	single residence in new housing area
2	small shed
Examples of possible prohibited developments
1	a paint factory in a residential area
2	commercial office accommodation in a suburban area

Part 7.2	Assessment tracks for development applications
Division 7.2.1	Operation of assessment tracks generally
113	Relationship between development proposals and development applications
	(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.
114	Application of assessment tracks to development proposals
	(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 124 (Minister may declare impact track applicable) in relation to the proposal; or
	(b)	section 125 (Declaration by Public Health Act Minister affects assessment track) applies the impact track to the development.
	(3)	To remove any doubt—
	(a)	the planning and land authority may refuse to accept a development application made in an assessment track other than the assessment track for the development proposal; and
	(b)	if the authority assesses a development application made in an assessment track other than the track for the proposal, the authority must refuse the application.
115	Application of inconsistent code requirements
	(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 requirements under each code (the code requirements) that apply to the proposal are inconsistent.
	(2)	If the code requirements of a precinct code and either a development code or a general code are inconsistent, the code requirements of the precinct code apply to the development proposal and not the code requirements of the development code or general code, to the extent of the inconsistency.
	(3)	If the code requirements of a development code and a general code are inconsistent, the code requirements of the development code apply to the development proposal and not the code requirements of the general code, to the extent of the inconsistency.
	(4)	If the code requirements of 2 or more precinct codes, development codes or general codes are inconsistent, the code requirements of the more recent code apply to the development approval and not the code requirements of the earlier code, to the extent of the inconsistency.
	(5)	To remove any doubt, a 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.
Division 7.2.2	Code track
116	Code track—when development approval must be given
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 rules.
Note 1	Relevant rules—see the dictionary.
Note 2	Rules—see the dictionary.
Note 3	If a development application is made in the code track, but the development proposal is in another track, the application must be refused (see s 114 (3)).
117	Code track—notification, right of review, governmental consultation and reconsideration
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.
118	Code track—time for decision on application
A development application for a development proposal in the code track must be decided under section 162 (Deciding development applications) not later than 20 working days after the day the application is made to the planning and land authority.
Division 7.2.3	Merit track
119	Merit track—when development approval must not be given
	(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 50) 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.
120	Merit track—considerations when deciding development approval
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 149 (Requirement to give advice in relation to development applications)—the entity’s advice;
Note	Advice on an application is given in accordance with section 149 if the advice is given by an entity not later than 15 working days (or shorter prescribed period) after the day the application is given to the entity.  If the entity gives no response, the entity is taken to have given advice that supported the application (see s 150).
	(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.
121	Merit track—notification and right of review
	(1)	To remove any doubt, 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.
	(2)	If there is a right of review under chapter 13 in relation to a decision to approve an application for development approval for a development proposal in the merit track, the right of review is only in relation to the decision, or part of the decision, to the extent that—
	(a)	the development proposal is subject to a rule and does not comply with the rule; or
	(b)	no rule applies to the development proposal.
122	Merit track—time for decision on application
A development application for a development proposal in the merit track must be decided under section 162 (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.
Division 7.2.4	Impact track
123	Impact track applicability
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 124 in relation to the proposal; or
	(d)	section 125 (Declaration by Public Health Act Minister affects assessment track) or section 132 (Impact track applicable to development proposals not otherwise provided for) provides that the impact track applies to the proposal; or
	(e)	the Commonwealth Minister responsible for administering the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) advises the Minister in writing that the development proposed—
	(i)	is a controlled action under that Act, section 76; and
	(ii)	does not require assessment under that Act, part 8 (Assessing impacts of controlled actions) because a bilateral agreement between the Commonwealth and the Territory under that Act allows the proposal to be assessed under this Act.
124	Minister may declare impact track applicable
	(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 420).
125	Declaration by Public Health Act Minister affects assessment track
	(1)	This section applies if—
	(a)	the Public Health Act Minister makes a declaration for this section in relation to a development application for a development proposal; and
Note	The Public Health Act Minister is the Minister responsible for the Public Health Act 1997, section 134 (see dict, def Public Health Act Minister).
	(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.
126	Declaration etc of impact track after application
	(1)	This section applies to a development application if, after the application is made—
	(a)	either—
	(i)	the Minister makes a declaration under section 124 in relation to the development proposal to which the application relates; or
	(ii)	the Public Health Act Minister makes a declaration for section 125 in relation to the application; 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.
127	Impact track—development applications
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 211.
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 209.
128	Impact track—when development approval must not be given
	(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 211; 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 50) 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 209.
Note 4	For the term of a scoping document for an EIS, see s 215.
	(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.
129	Impact track—considerations when deciding development approval
In deciding a development application for a development 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 149 (Requirement to give advice in relation to development applications)—the entity’s advice;
Note	Advice on an application is given in accordance with section 149 if the advice is given by an entity not later than 15 working days (or shorter prescribed period) after the day the application is given to the entity.  If the entity gives no response, the entity is taken to have given advice that supported the application (see s 150).
	(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;
Note	For when an EIS is completed, see s 209.
	(i)	the conclusions of any inquiry about an EIS for the proposed development under chapter 8 (Environmental impact statements and inquiries).
130	Impact track—notification and right of review
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 a right of review under chapter 13 by someone other than the applicant in relation to the decision on the application.
131	Impact track—time for decision on application
A development application in relation to a development proposal in the impact track must be decided under section 162 (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.
Division 7.2.5	Development proposals not in development table and not exempted
132	Impact track applicable to development proposals not otherwise provided for
	(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.
Division 7.2.6	Exempt development
133	What is an exempt development?
In this Act:
exempt development means development that is exempt from requiring development approval under—
	(a)	the relevant development table; or
Note 1	Development tables are dealt with in s 54.
Note 2	Relevant development table—see the dictionary.
	(b)	section 134; or
	(c)	a regulation.
134	Exempt development—authorised use
	(1)	An authorised use of land, or a building or structure on the land, is exempt from requiring development approval.
	(2)	However, use of the land is not exempt from requiring development approval if—
	(a)	earthworks or other construction work is carried out on the land; and
	(b)	the work requires development approval.
	(3)	Also, use of the land, or a building or structure on the land, is not exempt from requiring development approval if—
	(a)	a building or structure on the land is constructed, altered or demolished; and
	(b)	the construction, alteration or demolition requires development approval.
	(4)	To remove any doubt, if an authorised use of land, a building or structure is exempt from requiring development approval under subsection (1), the right to use the land, building or structure as authorised does not end only because 1 or more of the following apply in relation to the use:
	(a)	the use is not continuous;
	(b)	someone deals with the lease (the affected lease) that authorises the use;
	(c)	a further lease is granted for the affected lease on application under section 254, whether or not the grant happens immediately after the expiry of the affected lease.
	(5)	However, the authorised use of the land, building or structure stops being exempt from requiring development approval if the use was authorised by a lease (the affected lease) and—
	(a)	the affected lease expires and no application is made under section 254 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 (see s 254).
	(b)	the affected lease is—
	(i)	surrendered, other than for a lease variation or renewal; or 
	(ii)	terminated.
	(6)	Also, the authorised use of the land, building or structure stops being exempt from requiring development approval if—
	(a)	the use was authorised by a licence under this Act or a permit under the Roads and Public Places Act 1937; and
	(b)	the licence or permit ends—
	(i)	whether on expiry or otherwise; and
	(ii)	even if renewed.
	(7)	To remove any doubt, an authorised use of a building or structure is exempt from requiring development approval if the construction of the building or structure is exempt from requiring development approval.
	(8)	In this section:
authorised use, of land, or a building or structure on the land—
	(a)	means a use authorised by any of the following (whether expressly or by implication):
	(i)	a lease;
	(ii)	a licence under this Act;
	(iii)	a permit under the Roads and Public Places Act 1937;
	(iv)	a provision of chapter 15 (Transitional); and
	(b)	includes a use authorised by a lease that expired not more than 6 months before the use if the lease is renewed within 6 months after the expiry; and
	(c)	does not include a use authorised by section 247.
135	Exempt development—no need for application or approval
	(1)	An exempt development may be undertaken without a development application and development approval.
	(2)	A person cannot apply for approval of a development proposal for an exempt development.
Note	The development proposal may still need a building approval under the Building Act 2004.
Division 7.2.7	Prohibited development
136	Development proposals for prohibited development
	(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 200).
Note 3	However, if development is authorised by a development approval and subsequently becomes prohibited, the development can continue (see s 201).
Note 4	Also, development that is lawful when it begins continues to be lawful (see s 203 and s 204).
	(2)	A development 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 states otherwise.
137	Applications for development approval in relation to use for otherwise prohibited development
	(1)	This section applies to a development proposal in relation to a use of land, or a building or structure on the land, if—
	(a)	the use is an authorised use; but
	(b)	beginning the use is a prohibited development.
	(2)	Despite section 136—
	(a)	a person may apply to the planning and land authority for development approval for the development proposal; and
	(b)	the proposal is taken not to be for a prohibited development; and
	(c)	the impact track applies to the proposal.
	(3)	In this section:
authorised use, of land, or a building or structure on the land, means—
	(a)	a use authorised by—
	(i)	a lease; or
	(ii)	section 247; or
	(iii)	a provision of chapter 15 (Transitional); and
	(b)	includes a use authorised by a lease that expired not more than 6 months before the use if the lease is renewed within 6 months after the expiry.

Part 7.3	Development applications
Division 7.3.1	Pre-application advice on development proposals
138	Consideration of development proposals
	(1)	The planning and land authority must consider a development proposal if asked by the proponent of the proposal.
	(2)	However, the planning and land authority need not consider the development proposal if satisfied that the information provided by the proponent in relation to the proposal would not allow the authority to provide adequate advice in relation to the matters mentioned in subsection (4).
	(3)	The planning and land authority must tell the proponent if, because the authority is satisfied under subsection (2), the authority does not consider the development proposal.
	(4)	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.
	(5)	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.
	(6)	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.
	(7)	Advice given under this section expires 6 months after the day it is given.
Division 7.3.2	Requirements for development applications
139	Form of development applications
	(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 rules; and
	(d)	if the application is for approval of a development in the merit track—be accompanied by information or documents addressing the relevant rules and relevant criteria; and
	(e)	if the application is for approval of a development in the merit track and the territory plan requires an assessment (an assessment of environmental effects) 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—be accompanied by an assessment of environmental effects; and
	(f)	if the application is for approval of a development in the impact track—be accompanied by—
	(i)	information or documents addressing the relevant rules and relevant criteria; and
	(ii)	the completed EIS for the proposal; and
	(g)	if the application is for approval of a variation of a nominal rent lease (other than a variation to which section 276 does not apply)—be accompanied by an assessment by an accredited valuer that sets out the amounts of the values represented by V1 and V2 in section 277;
	(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 205 (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 128).
Note 2	A development application for a development proposal to which division 7.2.5 applies must include an EIS (see s 120 and div 7.2.4).
Note 3	For when an EIS is completed, see s 209.
	(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:
relevant criteria, for a development proposal, means the criteria that apply to the proposal 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.
140	Effect of approvals in development applications
	(1)	This section applies if—
	(a)	a code that applies to a development proposal requires an entity to approve the development or certify 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.
Example of thing required for development
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.
141	Authority may require further information—development applications
	(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)).
142	Effect of failure to provide further information—development applications
	(1)	This section applies if—
	(a)	the planning and land authority has asked for further information under section 141 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 162.
143	Correcting development applications
	(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.
144	Amending development applications
	(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.
145	Referred development application amended
	(1)	This section applies if—
	(a)	a development application has been amended under section 144; 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 149 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.
146	Notice of amended development applications
	(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.
147	Withdrawal of development applications
An applicant may withdraw a development application at any time before the application is approved.
Division 7.3.3	Referral of development applications
148	Some development applications to be referred
	(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 149 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.
149	Requirement to give advice in relation to development applications
	(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 145.
	(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 148 (2) (b) is taken to be advice given in accordance with this section in relation to a development application for the proposal (see s 148 (3)).
Note 2	For how documents may be given, see the Legislation Act, pt 19.5.
150	Effect of no response by referral entity
For this Act, if an entity fails to provide advice in accordance with section 149 in relation to a development application referred to the entity, the entity is taken to have given advice that the entity supports the application.
151	Effect of advice by referral entity
	(1)	This section applies if—
	(a)	a development application, including a development application amended under section 144, is referred to an entity; and
	(b)	the entity gives advice on the application in accordance with section 149; and
Note	Advice on an application is given in accordance with section 149 if the advice is given by an entity not later than 15 working days (or shorter prescribed period) after the day the application is given to the entity.
	(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.
Example of advice
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.
Example of acting inconsistently
An Act prohibits activity A without an approval.  The entity responsible for administering the Act gives advice under section 149 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 150 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.
Division 7.3.4	Public notification of development applications and representations
152	What is publicly notifies for ch 7?
	(1)	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 that is prescribed by regulation—the authority notifies the application in the manner prescribed under subsection (2); or
	(b)	for any other application for a development proposal—the authority notifies the application under—
	(i)	section 153 and section 155; and
	(ii)	if the development proposal is, or includes, a lease variation—section 154 (if applicable).
Note 1	Only developments to which the merit track and impact track applies are required to be publicly notified (see s 121 and s 130).  Also, the planning and land authority must re-notify some amended development applications (see s 146).
Note 2	An entity 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 153 and section 155 (see sch 1, item 4).
	(2)	For an application prescribed under subsection (1) (a), the planning and land authority may, by regulation, prescribe either of the following ways of notifying the application:
	(a)	under section 155 (Major public notification) and, if applicable, section 154 (Public notice to registered interest holders);
	(b)	under section 153 (Public notice to adjoining premises) and, if the development proposal is, or includes, a lease variation—section 154 (if applicable).
153	Public notice to adjoining premises
	(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) 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 411 and s 412.
	(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 234.
154	Public notice to registered interest-holders
	(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.
155	Major public notification
	(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 411 and s 412.
	(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.
156	Representations about development applications
	(1)	Anyone may make a written 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 121 and s 130).  Also, the planning and land authority must re-notify some amended development applications (see s 146).
	(2)	A representation about a development application must be made during the public consultation period for the application.
Note	Public consultation period for a development application—see s 157.
	(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)	If the planning and land authority extends the public consultation period under subsection (3), the authority must give the applicant for the development approval written notice of the extension.
	(5)	A person who makes a representation about a development application may, in writing, withdraw the representation at any time before the application is decided.
	(6)	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 219.
157	Meaning of public consultation period for development applications—Act
In this Act:
public consultation period, for a development application, means—
	(a)	the period prescribed by regulation; or
	(b)	if the period prescribed is extended under section 156 (3)—the prescribed period as extended.
Division 7.3.5	Ministerial call-in power for development applications
158	Direction that development applications be referred to Minister
	(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 13 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 148; and
	(b)	would be required to be referred under section 148 but for section 148 (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.
159	Minister may decide to consider development applications
	(1)	This section applies in relation to an application referred to the Minister under section 158.
	(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.
Note	Section 162 applies to an application referred back to the planning and land authority under s (3) (see s 162 (4)).
160	Minister decides to consider referred development applications
	(1)	This section applies if the Minister decides under section 159 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 162 (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.
161	After Minister decides referred development applications
	(1)	This section applies if the Minister decides an application under section 162.
	(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.
Division 7.3.6	Deciding development applications
162	Deciding development applications
	(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 165.  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 262).
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 172).
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 410).
	(2)	However, the planning and land authority or Minister must refuse a development application to which division 9.4.2 (Varying concessional leases to remove concessional status) applies if the Minister decides under section 261 that considering the application is not in the public interest.
	(3)	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.
	(4)	To remove any doubt, the time for deciding a development application is not affected by—
	(a)	the referral of the application to the Minister by the planning and land authority under section 158; or
	(b)	the referral of the application back to the authority by the Minister under section 159.
	(5)	If the planning and land authority approves a development application that relates to a regulated 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.
	(6)	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 development proposal in the code track (see s 118), 30 or 45 working days for a development proposal in the merit track (see s 122) or different periods for a development proposal in the impact track (see s 131).
163	Power to approve etc development applications deemed refused
	(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 162.
	(2)	The planning and land authority 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 162 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 162, 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)).
164	Refusal does not affect existing use
The refusal of a development application in relation to the use of land does not affect an existing use of the land.
165	Conditional approvals
	(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 162 (1) (b).
	(2)	The approval under section 162 (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 given, 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.
Examples of conditions that may be prescribed
1	requirement to keep documents or other administrative requirement
2	manage the impact of carrying out development, whether on or off development site
	(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 179 (When development approval takes effect—activity not allowed by lease); and
	(b)	is not inconsistent with an approval under subsection (3) (o).
165A	Lease to be varied to give effect to development approval
	(1)	This section applies if—
	(a)	the planning and land authority or the Minister approves a development application under section 162; and
	(b)	the development consists of or includes a lease variation.
	(2)	The planning and land authority must vary the lease in accordance with the terms of the approval.
	(3)	This section is subject to division 9.6 (Lease variations).
Note	Section 179 and s 180 set out when development approvals requiring lease variations take effect.
Division 7.3.7	Extensions of time for deciding development applications
166	Extension of time for further information—further information sufficient
	(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 141 asking for further information in relation to the application; and
	(b)	the authority decides to give the applicant the request notice not later than 10 working days after the day the application is lodged; and
	(c)	the notice is given to the applicant as soon as possible after the authority decides to give the notice; and
	(d)	the authority has not asked for further information by request notice in relation to the application before; and
	(e)	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 141 (4).
	(2)	The time for deciding the development application under section 162 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.
167	Extension of time for further information—further information insufficient
	(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 141 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 141 (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 162 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.
168	Extension of time for further information—no further information given
	(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 141 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 141 (4).
	(2)	The time for deciding the development application under section 162 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 141 (4)—a period the same length as the period stated in the request notice as extended under section 141 (4).
169	Extension of time—application amended
	(1)	This section applies in relation to a development application if the application is amended under section 144.
	(2)	The time for deciding the development application under section 162 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 144;
	(ii)	if the amended application must be publicly notified under division 7.3.4 (see s 146 (1) (b))—the day after the public consultation period for the application ends.
Note	Public consultation period for a development application—see s 157.
Division 7.3.8	Notice of decisions on development applications
170	Notice of approval of application
	(1)	If a development application is approved under section 162 (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 to the use of land, or a building or structure on the land—to the registrar-general for notification under the Land Titles Act 1925; and
	(d)	to each person who made a representation under section 156 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
Note	For approvals subject to conditions, see s 165.
	(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 408 (3)).
171	Notice of refusal of application
	(1)	If a development application is refused under section 162 (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 156 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 408 (3)).
172	Notice of decision on referred development application
	(1)	This section applies in relation to a development application if—
	(a)	the application is referred to an entity under section 148; 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 162 (Deciding development applications).
	(2)	Notice of the decision under section 170 or section 171 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.
173	Notice if representation by 2 or more people
	(1)	This section applies if—
	(a)	a decision has been made under section 162 in relation to a development application; and
	(b)	a representation has been made under section 156 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 170 (1) (d) or section 171 (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.
174	Notice of decision to referral entities
	(1)	This section applies if—
	(a)	a decision has been made under section 162 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.
Division 7.3.9	Effect and duration of development approvals
175	When development approvals take effect—no representations and no right of review
	(1)	This section applies if—
	(a)	the planning and land authority or Minister approves a development application under section 162; and
	(b)	either—
	(i)	there are no representations about the application; or
	(ii)	there is no right to apply to the AAT for review of the decision to approve the application because—
	(A)	the application is in the code track; or
	(B)	the application was not required to be publicly notified under section 155; or
	(C)	the proposal to which the application relates is exempt from review under a regulation; 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 day after the day the application is approved.
176	When development approvals take effect—single representation with AAT review right
	(1)	This section applies if—
	(a)	the planning and land authority or Minister approves a development application under section 162; and
	(b)	a single representation about the application has been made; and
	(c)	the development is not in the code track; and
	(d)	the application was required to be publicly notified under section 155 (Major public notification); and
	(e)	the development proposal is not exempt from review under a regulation; and
	(f)	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
	(g)	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
	(h)	the approval is not subject to a condition that something must happen before the approval takes effect; and
	(i)	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.
177	When development approvals take effect—multiple representations with AAT review rights
	(1)	This section applies if—
	(a)	the planning and land authority or Minister approves a development application under section 162; and
	(b)	2 or more representations about the application have been made; and
	(c)	the development is not in the code track; and
	(d)	the application was required to be publicly notified under section 155 (Major public notification); and
	(e)	the development proposal is not exempt from review under a regulation; and
	(f)	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
	(g)	the approval is not subject to a condition that something must happen before the approval takes effect; and
	(h)	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.
178	When development approvals take effect—AAT review
	(1)	This section applies if—
	(a)	the planning and land authority or Minister approves a development application under section 162; 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).
179	When development approval takes effect—activity not allowed by lease
	(1)	This section applies if—
	(a)	the planning and land authority or Minister approves a development application under section 162; 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, dismissed or struck out.
Note	A lease variation takes effect on registration (see Land Titles Act 1925, s 72A (3)).
180	When development approval takes effect—condition to be met
	(1)	This section applies if—
	(a)	the planning and land authority or Minister approves a development application under section 162; 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, dismissed or struck out.
181	When development approval takes effect—activity not allowed by lease and condition to be met
	(1)	This section applies if—
	(a)	the planning and land authority or Minister approves a development application under section 162; 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 179 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 180 if the development did not include an activity not allowed by a lease of the land where the activity is to be carried out.
182	When development approval takes effect—application for reconsideration
	(1)	This section applies if—
	(a)	the planning and land authority or Minister approves a development application (the original decision) under section 162; and
	(b)	application is made under section 191 for reconsideration of the original decision; 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 the approval is confirmed under division 7.3.10;
	(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.
183	When development approval takes effect—reconsideration and review right
	(1)	This section applies if—
	(a)	the planning and land authority or Minister refuses a development application under section 162, or approves the application subject to a condition; and
	(b)	1 or more representations have been made about the application; and
	(c)	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
	(d)	both of the following apply:
	(i)	the application has been publicly notified under section 155;
	(ii)	the substituted decision is not exempt from review under chapter 13.
	(2)	The approval of the development takes effect 20 working days after the day the substituted decision is made.
184	End of development approvals other than lease variations
	(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.
	(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 189.
	(3)	On application made before the end of a prescribed period, the planning and land authority may extend the prescribed period.
Note	A development approval to which this section applies continues unless the approval ends under this section, s 185, s 186 or s 187.
	(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.
185	End of development approvals for lease variations
	(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 189; 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 254 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, other than for a lease variation or renewal; or
	(b)	at the end of the period of 2 years starting on the day after the day the approval is given.
Note	A development approval to which this section applies continues unless the approval ends under s 184, this section, s 186 or s 187.
186	End of development approvals for use under lease without lease variation, licence or permit
	(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); 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 254 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.
	(b)	the approval is revoked under section 189; or
	(c)	if the approval states a period for the end of the approval—the period ends; or
	(d)	the approval is surrendered, other than for a lease variation or renewal; or
	(e)	the affected lease is surrendered (other than under section 254) or terminated.
Note	A development approval to which this section applies continues unless the approval ends under s 184, s 185, this section or s 187.
	(3)	If only 1 use is allowed under the development approval and the 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)	If more than 1 use is allowed under the development approval and none of the uses in accordance with the development approval 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.
	(5)	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 254, whether the grant happens immediately after the expiry of the affected lease or otherwise.
Examples of use not being continuous for par (a)
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).
	(6)	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.
	(7)	In this section:
deal with a lease—see section 234.
187	End of development approvals for use under licence or permit
	(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 189; 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.
Note	A development approval to which this section applies continues unless the approval ends under s 184, s 185, s 186 or this section.
	(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.
Examples of use not being 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).
188	Development approvals continue unless ended
	(1)	This section applies to a development approval to which any of the following applies:
	(a)	section 184 (End of development approvals other than lease variations);
	(b)	section 185 (End of development approvals for lease variations);
	(c)	section 186 (End of development approvals for use under lease without lease variation, licence or permit);
	(d)	section 187 (End of development approvals for use under licence or permit).
	(2)	To remove any doubt, a development approval to which this section applies continues unless the approval ends in accordance with a section mentioned in subsection (1).
189	Revocation of development approvals
	(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.
Division 7.3.10	Reconsideration of decisions on development applications
190	Definitions—div 7.3.10
In this division:
original application—see section 191 (1) (a).
original decision—see section 191 (1) (a).
reconsideration application—see section 191 (3).
191	Applications for reconsideration
	(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—
	(a)	the refusal of a development application, or an application for amendment of a development approval, in the code track; or
	(b)	the refusal of a development application to which division 9.4.2 (Varying concessional leases to remove concessional status) applies if the Minister decides that considering the application is not in the public interest.
	(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.
192	Notice to AAT of reconsideration application
	(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.
193	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)	Also, the planning and land authority may only reconsider the original decision to the extent that the development proposal approved or refused in the original decision or part of the original decision—
	(a)	is subject to a rule and does not comply with the rule; or
	(b)	is not subject to a rule.
	(4)	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.
	(5)	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 156 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.
	(6)	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.
Example of 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).
	(7)	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.
194	No action by authority within time
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 193, the authority is taken to have confirmed the original decision.
195	Notice of decisions on reconsideration
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 193 (5) (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 408 (3)).
Division 7.3.11	Correction and amendment of development approvals
196	Correcting development approvals
	(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.
197	Applications to amend development approvals
	(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.
198	Deciding applications to amend development approvals
	(1)	In deciding whether to amend a development approval in accordance with an application under section 197, 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.
Example
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 191 (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.

Part 7.4	Developments without approval
    
199	Offence to develop without approval
	(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 203 or section 204.
Note	A person also commits an offence if the person occupies or uses, or allows someone else to occupy or use, a building, or part of a building, if a certificate of occupancy has not been issued for the building or part of the building (see Building Act 2004, s 76 (1)).
200	Offence to undertake prohibited development
	(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 137 and s 201 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 201, section 203 or section 204; or
	(b)	because it is in accordance with a development approval granted on an application mentioned in subsection 137 (2) (a).
201	Development authorised by approval before prohibition
	(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 200 (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).
202	Offence to develop other than in accordance with conditions
	(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.
203	Development other than use lawful when begun
	(1)	This section applies if—
	(a)	a development, other than a development that is 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.
204	Use as development lawful when begun
	(1)	This section applies to the use of land, or a building or structure on the land, if—
	(a)	the use, when it began, was exempt from requiring development approval in a development table or by regulation; and
	(b)	the use 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 247; and
	(c)	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 254, 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 254) 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 254 for a further lease.
Note	A person may apply for the grant of a further lease not later than 6 months after the expiry of the affected lease (see s 254 (1) (c)).
	(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 247, despite any other provision of this Act.
	(5)	In this section:
deal with a lease—see section 234.
205	Development applications for developments undertaken without approval
	(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 139 (2) (i) (Form of development applications).
Note	Development applications (including an application to which this section applies) are decided under s 162.
	(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.

Chapter 8	Environmental impact statements and inquiries
Notes to ch 8
Fees may be determined under s 424 for provisions of this chapter.
If a form is approved under s 425 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).
Part 8.1	Interpretation—ch 8
206	Definitions—ch 8
In this chapter:
draft EIS—see section 216 (2) (a).
EIS—see section 208.
environmental impact statement means an EIS (see s 208).
inquiry means an inquiry into an EIS established under section 228.
proponent, for a development proposal, means the person proposing the proposal.
Note	See also s 207.
representation, about a draft EIS, means a representation made about the draft EIS under section 219.
scoping document, for a development proposal—see section 212 (2) (b).
Note	For when an EIS is completed, see s 209.
207	Proponents
	(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 EIS be prepared; or
	(b)	to establish an inquiry panel to inquire about the EIS.
Note	Inquiry panels are established under pt 8.3.
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.

Part 8.2	Environmental impact statements
208	What is an EIS and a s 125-related EIS?
	(1)	An EIS is an environmental impact statement prepared as prescribed by regulation.
	(2)	A s 125-related EIS is an environmental impact statement prepared for a development proposal in a development application in relation to which the Public Health Act Minister has made a declaration for section 125 (Declaration by Public Health Act Minister affects assessment track).
209	When is an EIS completed?
	(1)	For this Act, an EIS (other than a s 125-related EIS) is completed if—
	(a)	the Minister gives the planning and land authority notice under section 226 (Notice of no action on EIS given to Minister) in relation to the EIS; or
	(b)	the Minister has not decided to establish an inquiry panel to inquire about the EIS; or
	(c)	the Minister has established an inquiry panel for the EIS and—
	(i)	the panel has reported the results of the inquiry; or
	(ii)	the time for reporting under section 230 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 227.
209A	When is a s 125-related EIS completed?
	(1)	For this Act, a s 125-related EIS is completed if—
	(a)	notice in relation to the EIS is given to the planning and land authority by—
	(i)	the Minister under section 226 (Notice of no action on EIS given to Minister); and
	(ii)	the Public Health Act Minister under the Public Health Act 1997, section 134 (3) (b); or
	(b)	at least 15 working days have elapsed since the EIS was given to the Minister and the Public Health Act Minister and—
	(i)	the Minister has not decided, within the 15-day period mentioned in section 228 (1), to establish an inquiry panel to inquire about the EIS; and
	(ii)	the Public Health Act Minister has not decided, within the 15-day period mentioned in the Public Health Act 1997, section 134 (4), that an inquiry panel to inquire about the EIS must be established; or
	(c)	both of the following apply:
	(i)	notice in relation to the EIS is given to the authority by—
	(A)	the Minister under section 226; or
	(B)	the Public Health Act Minister under the Public Health Act 1997, section 134 (3) (b);
	(ii)	at least 15 days have elapsed since the EIS was given to the Minister and the Public Health Act Minister and—
	(A)	if the Minister gave the authority notice in relation to the EIS under section 226—the Public Health Act Minister has not decided, within the 15-day period mentioned in the Public Health Act 1997, section 134 (4), that an inquiry panel to inquire about the EIS must be established; or
	(B)	in any other case—the Minister has not decided, within the 15-day period mentioned in section 228 (1), to establish an inquiry panel to inquire about the EIS; or
	(d)	the Minister has established an inquiry panel for the EIS and—
	(i)	the panel has reported the results of the inquiry; or
	(ii)	the time for reporting under section 230 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 227.
210	When is a completed EIS required?
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 211.
Note	A completed EIS is required under s 127.  See div 7.2.4 for requirements for applications in the impact track.
211	EIS not required if development application exempted
The Minister may exempt a development application for development approval for a development proposal from a requirement to include an EIS if satisfied that the expected environmental impact of the development proposal has already been sufficiently addressed by another study, whether or not the study relates to the particular development proposal.
212	Scoping of EIS
	(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.
Note	If a form is approved under s 425 for the application, the form must be used.
	(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 214.
	(3)	A regulation may prescribe entities the planning and land authority may or must consult in preparing a scoping document.
213	Contents of 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.
	(3)	In this section:
consultant means a person who satisfies the criteria prescribed by regulation.
Note	See also s 426 (2) (c) (Regulation-making power).
214	Time to provide scoping document
	(1)	This section applies if a person applies under section 212 in relation to a development proposal.
	(2)	The planning and land authority must give the scoping document for the development proposal to the applicant not later than—
	(a)	30 working days after the day the application is made; or
	(b)	if the chief planning executive allows a further period under subsection (3)—the end of the further period allowed.
	(3)	The chief planning executive may, in writing, allow a further period for the planning and land authority to provide a scoping document in relation to a development proposal if satisfied that, because of the complexity of the proposal and the consultation required, the further period is necessary.
	(4)	If the chief planning executive allows a further period under subsection (3) in relation to a development proposal, the chief planning executive must tell the applicant in writing.
215	Term of scoping document
A scoping document is in force for 18 months starting on the day after the day the document is given to the proponent of the development proposal to which the document relates.
216	Preparing draft EIS
	(1)	This section applies if the planning and land authority gives the proponent of a development proposal a scoping document for the proposal.
	(2)	The proponent must—
	(a)	prepare a document (a draft EIS) that addresses each matter raised in the scoping document for the development proposal; and
	(b)	give the draft EIS to the planning and land authority for public notification.
217	Public notification of draft EIS
The planning and land authority publicly notifies a draft EIS by—
	(a)	putting a notice in a daily newspaper and on the authority website stating—
	(i)	that the draft EIS is available for public inspection and for purchase at stated places and times; and
	(ii)	how and when representations may be made on the draft EIS; and
	(b)	making 1 or more copies of the draft EIS available as stated in the notice; and
	(c)	if practicable, making a copy of the draft EIS available on the authority website.
Note	Authority website—see the dictionary.
218	Meaning of public consultation period for draft EIS—Act
In this Act:
public consultation period, for a draft EIS, means—
	(a)	the period, not less than 20 working days, when representations may be made on the draft EIS under section 217 (1) (a) (ii); or
	(b)	if the period is extended under section 219 (3)—the period as extended.
219	Representations about draft EIS
	(1)	Anyone may make a representation about a draft EIS publicly notified under section 217.
	(2)	A representation about a draft EIS must be made during the public consultation period for the draft EIS.
	(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)	If the planning and land authority extends the public consultation period under subsection (3), the authority must give the proponent of the development proposal written notice of the extension.
	(5)	A person who makes a representation about a draft EIS may, in writing, withdraw the representation at any time before the planning and land authority accepts the EIS under section 222.
	(6)	In this section:
public consultation period, for a draft EIS—see section 218.
Note	The public consultation period may be extended under s (3).
220	Publication of representations about draft EIS
	(1)	This section applies if—
	(a)	the planning and land authority has publicly notified a draft EIS under section 217; and
	(b)	a person makes a representation about the draft EIS in accordance with the notice under section 217 (a).
	(2)	The planning and land authority must—
	(a)	make a copy of the representation available on the authority website until—
	(i)	the EIS is completed; or
Note	For when an EIS is completed, see s 209.
	(ii)	the representation is withdrawn; and
	(b)	give a copy of the representation to the proponent of the development proposal.
Note 1	This section is subject to s 411 and s 412.
Note 2	Authority website—see dict.
221	Revising draft EIS
	(1)	This section applies if—
	(a)	a draft EIS for a development proposal has been publicly notified under section 217; and
	(b)	the public consultation period for the draft EIS has ended.
Note	The public consultation period may be extended under s 219 (3).
	(2)	The proponent of the development proposal must revise the draft EIS and give the revised EIS to the planning and land authority.
	(3)	However, the revised EIS must—
	(a)	address each matter raised in the scoping document for the development proposal; and
	(b)	for any matter raised in a representation made within the public consultation period for the draft EIS—
	(i)	address the matter; and
	(ii)	demonstrate how the matter has been taken into account in the revised EIS.
222	Authority consideration of EIS
	(1)	This section applies—
	(a)	if the proponent of a development proposal gives the planning and land authority an EIS under section 221 not later than 18 months after the scoping document for the proposal is given to the proponent under section 214; or
	(b)	if—
	(i)	the proponent of a development proposal gives the authority an EIS under section 221 more than 18 months after the scoping document for the proposal is given to the proponent under section 214; and
	(ii)	the authority is satisfied that there has been no significant change to the circumstances surrounding the development proposal that is not sufficiently addressed in the EIS; or
	(c)	if the proponent of a development proposal gives the authority an EIS in accordance with a notice under section 224 (2).
	(2)	The planning and land authority must—
	(a)	accept the EIS if satisfied that the EIS sufficiently—
	(i)	addresses each matter raised in the scoping document for the proposal; and
	(ii)	takes any timely representation on the draft EIS into account; and
	(iii)	demonstrates how any timely representation has been taken into account; or
	(b)	in any other case—take action under section 224.
	(3)	In this section:
EIS includes an EIS revised under section 224.
timely representation, on a draft EIS, means a representation—
	(a)	on the draft EIS; and
	(b)	made in accordance with section 219.
223	EIS given to authority out of time
	(1)	This section applies if—
	(a)	the proponent of a development proposal gives the planning and land authority an EIS under section 221 more than 18 months after the scoping document for the proposal is given to the proponent under section 214; and
	(b)	the authority is satisfied that—
	(i)	there has been significant change to the circumstances surrounding the proposal; and
	(ii)	the change is not sufficiently addressed in the EIS.
	(2)	The planning and land authority must—
	(a)	reject the EIS; and
	(b)	give the proponent written notice of the rejection.
224	Chance to address unaddressed matters
	(1)	This section applies in relation to the EIS for a development proposal given to the planning and land authority under section 221 if the authority is not satisfied that the EIS sufficiently addresses each matter (the outstanding matters) raised in the scoping document for the proposal.
	(2)	The planning and land authority must give the proponent of the development proposal written notice that—
	(a)	the authority does not accept the EIS under section 222; and
	(b)	explains why the authority does not accept the EIS; and
	(c)	states the time within which the proponent may respond to the notice, whether by providing a revised EIS or otherwise.
	(3)	The time stated under subsection (2) (c) must not be shorter than 20 working days.
	(4)	In this section:
EIS includes an EIS revised under this section.
225	Giving EIS to Minister
	(1)	This section applies if—
	(a)	the planning and land authority accepts an EIS under section 222; or
	(b)	the authority has given the proponent for a development proposal written notice under section 224 and the time for responding to the notice has ended, whether or not the proponent has revised the EIS and given it to the authority.
	(2)	The planning and land authority must give the EIS to—
	(a)	the Minister; and
	(b)	for a s 125-related EIS—the Public Health Act Minister.
Note	The Minister may establish a panel to consider the EIS for the development proposal (see pt 8.3).
	(3)	If a development application has been made for the development proposal, the planning and land authority must give the application to the Minister with the EIS.
226	Notice of no action on EIS given to Minister
	(1)	This section applies if—
	(a)	the planning and land authority gives the Minister an EIS under section 225; and
	(b)	the Minister decides not to present the EIS to the Legislative Assembly under section 227; and
	(c)	the Minister decides not to establish an inquiry panel to inquire about the EIS.
	(2)	The Minister must give the planning and land authority written notice that the Minister has decided to take no action in relation to the EIS.
Note	If the Minister gives notice under this section, the EIS to which the notice relates is completed (see s 209).
227	Minister may present EIS to Legislative Assembly
The Minister may, but need not, present to the Legislative Assembly an EIS given to the Minister under section 225.

Part 8.3	Inquiry panels
228	Establishment of inquiry panels
	(1)	The Minister must, not later than 15 working days after the day an EIS is given to the Minister under section 225—
	(a)	decide whether to establish a panel (an inquiry panel) to inquire about the EIS; and
	(b)	if the Minister decides to establish an inquiry panel—tell the planning and land authority about the decision.
Note	If the Minister decides not to establish an inquiry panel and not to present the EIS to the Legislative Assembly, the Minister must give the planning and land authority written notice of the decision (see s 226).
	(2)	If the Minister decides to establish an inquiry panel to inquire about an EIS, the Minister may establish the panel to inquire about any or all aspects of the EIS.
	(3)	However, if the Public Health Act Minister gives notice, under the Public Health Act 1997, section 134 that a panel to conduct an inquiry about an EIS should be established, the Minister must establish an inquiry panel to inquire in relation to the effects on public health of the proposal that is the subject of the EIS.
	(4)	If the Minister establishes an inquiry panel to inquire about an EIS, the Minister must, in writing—
	(a)	prepare terms of reference for the inquiry; and
	(b)	give notice of the inquiry to the proponent of the development proposal to which the EIS relates.
Note	The power to prepare terms of reference for the inquiry includes the power to amend or repeal the terms of reference (see Legislation Act, s 46).
	(5)	The terms of reference are a notifiable instrument.
Note 1	A notifiable instrument must be notified under the Legislation Act.
Note 2	An instrument amending or repealing the terms of reference must also be notified (see Legislation Act, s 46 (2)).
229	How does the Minister establish an inquiry panel?
	(1)	The Minister establishes an inquiry panel for an EIS by—
	(a)	appointing 1 or more people to the panel; and
	(b)	preparing written terms of reference for the inquiry.
	(2)	If the Minister appoints more than 1 person to an inquiry panel, the Minister must, in writing, nominate a person appointed to be the presiding member of the panel.
	(3)	However, the Minister must not appoint a person to an inquiry panel unless satisfied that the person has the expertise necessary to exercise the functions of the panel in relation to the matter inquired into.
	(4)	Also, the Minister must not appoint any of the following people to an inquiry panel for an EIS:
	(a)	the chief planning executive;
	(b)	a member of the planning and land authority’s staff;
	(c)	a member of the land agency’s staff;
	(d)	a person prescribed by regulation in relation to the EIS.
230	Time for reporting by inquiry panels
	(1)	This section applies if the Minister establishes an inquiry panel to inquire about an EIS.
	(2)	The panel must report in writing to the Minister on the result of the inquiry not later than—
	(a)	60 working days after the day the Minister establishes the panel; or
	(b)	if the period under paragraph (a) is extended under subsection (3)—the period under paragraph (a) as extended.
	(3)	The Minister may, on application by the panel, extend by written notice the period for reporting.
231	Inquiry panel findings and report to be independent
	(1)	The report of an inquiry panel must be the view of the inquiry panel based on the findings of the panel.
	(2)	To remove any doubt, the Minister must not direct an inquiry panel in relation to the findings or report of the panel.
232	Protection of people on inquiry panels from liability
	(1)	A person appointed to an inquiry panel is not personally liable for anything done, or omitted to be done, honestly and without recklessness—
	(a)	in the exercise of a function under this Act; or
	(b)	in the reasonable belief that the conduct was in the exercise of a function under this Act.
	(2)	Any liability that would, apart from this section, attach to a person appointed to an inquiry panel attaches instead to the Territory.
233	Recovery of inquiry panel costs
The direct and indirect costs to the Territory of the conduct of an inquiry about an EIS are recoverable from the proponent of the development proposal to which the EIS relates.
Example of indirect costs
the administrative overheads of staff exercising functions in relation to the inquiry
Note 1	The costs may be recovered in a court of competent jurisdiction (see Legislation Act, s 177).
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).

Chapter 9	Leases and licences
Notes to ch 9
Other provisions about the termination of leases and licences and recovering possession of leases are found in pt 11.6.
Fees may be determined under s 424 for provisions of this chapter.
If a form is approved under s 425 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).
Part 9.1	Definitions and application—ch 9
234	Definitions—ch 9
In this chapter:
building and development provision, in relation to a lease, means a provision of the lease that requires the lessee to carry out stated works on the land comprised in the lease or on unleased territory land.
consolidation means the surrender of 2 or more leases held by the same lessee and the grant of a new lease or leases to the lessee to consolidate the parcels of land comprised in the surrendered leases.
deal with a lease, means—
	(a)	assign or transfer the lease; or
	(b)	sublet the land comprised in the lease or part of it; or
	(c)	part with possession of the land comprised in the lease or any part of it.
lessee means the person who is the proprietor of a lease, whether or not the person is the registered proprietor of the lease, and regardless of how the person became the proprietor of the lease.
market value, of a lease, means the amount that could be expected to be paid for the lease on the open market if it were sold by a willing but not anxious seller to a willing but not anxious buyer.
provision, of a lease, includes a provision incorporated in the lease by reference and any other provision to which the lease is subject.
registered lease means a lease registered in the register kept under the Land Titles Act 1925.
registered proprietor, in relation to a lease, means the person who is registered under the Land Titles Act 1925 as proprietor of the lease.
rental lease means a lease for rent that is more than nominal rent.
residential lease means a lease granted for residential purposes only.
rural lease means a lease granted for rural purposes or purposes including rural purposes.
single dwelling house lease means a lease granted under section 240 (1) (e).
subdivision—
	(a)	means the surrender of 1 or more leases held by the same lessee, and the grant of new leases to the lessee to subdivide the parcels of land in the surrendered leases; but
	(b)	does not include the subdivision of land under the Unit Titles Act 2001.
sublease means a sublease of—
	(a)	a parcel of land, or part of a parcel of land, subject to a lease; or
	(b)	a building, or part of a building, on a parcel of land subject to a lease.
sublessee means the person who is the proprietor of a sublease, regardless of how the person became the proprietor of the sublease.
235	Meaning of concessional lease and lease—Act
	(1)	In this Act:
concessional lease—
	(a)	means a lease granted for a consideration less than the full market value of the lease, or for no consideration, if neither of the following payments has been made to the Territory:
	(i)	an amount in relation to the grant of the lease that is equal to the lease’s market value at the time of payment or, if the amount is paid in parts, at the time of the last payment;
	(ii)	an amount to reduce the rent payable under the lease to a nominal rent under section 273 (Variation of lease to pay out rent); and
	(b)	includes the following leases:
	(i)	a consolidated or subdivided concessional lease;
	(ii)	a further concessional lease;
	(iii)	a regranted concessional lease; but
	(c)	does not include—
	(i)	a consolidated or subdivided lease or a further or regranted lease, other than a lease mentioned in paragraph (b); or
	(ii)	a rural lease; or
	(iii)	a lease over land that, immediately before the grant of the lease, was owned, controlled or held by the housing commissioner under the Housing Assistance Act 2007; or
	(iv)	a lease granted to the Territory; or
	(v)	a lease prescribed by regulation.
lease means a lease (other than a sublease) of territory land—
	(a)	granted under this Act; or
	(b)	granted or arising under the Unit Titles Act 2001.
Note	Some leases are taken to have been granted under this Act and so come within this definition of lease (see s 456).
	(2)	For subsection (1), definition of concessional lease, paragraph (a), it does not matter whether the consideration for the grant of the lease was paid as a lump sum or is payable under the lease as rent.
	(3)	In this section:
consolidated or subdivided concessional lease means a lease granted during a consolidation or subdivision involving the surrender of 1 or more previous leases if 1 or more of the previous leases was a concessional lease.
further concessional lease means a further lease if the surrendered lease was a concessional lease.
regranted concessional lease means a regranted lease (whether the regrant is on the same or different conditions) if the surrendered lease was a concessional lease.

Part 9.2	Grants of leases generally
236	Effect subject to pt 9.7
This part has effect subject to part 9.7 (Rural leases).
237	Authority may grant leases
The planning and land authority is authorised to grant, on behalf of the Executive, leases that the Executive may grant on behalf of the Commonwealth.
Note 1	Lease—see s 235.
Note 2	For power to delegate this function, see s 20 (2).
238	Granting leases
	(1)	The planning and land authority may grant a lease by—
	(a)	auction; or
	(b)	tender; or
	(c)	ballot; or
	(d)	direct sale.
Note 1	Not everyone may be eligible to be granted a lease under this subsection (see s 239).
Note 2	Section 240, s 241, s 242 and s 243 also apply to grants under par (d).
	(2)	A lease granted under this section must include—
	(a)	a statement about whether the lease is a concessional lease; and 
	(b)	for a land rent lease—a statement that the lease is a land rent lease.
Note	A grant must be lodged with the registrar-general under the Land Titles Act 1925 (see Land Titles Act 1925, s 17 (2)).
	(3)	A lease granted under this section may include provisions—
	(a)	requiring the lessee to develop the land comprised in the lease, or any unleased territory land, in a stated way; or
	(b)	requiring the lessee to give security for the performance of any of the lessee’s obligations under the lease.
239	Eligibility for grant of lease
The planning and land authority may restrict the people eligible for the grant of a lease under section 238 by stating, in the relevant notice of auction, tender, ballot or direct sale, that a class of people is eligible or ineligible for the grant of a lease under the auction, tender, ballot or direct sale.
240	Restriction on direct sale by authority
	(1)	The planning and land authority must not grant a lease under section 238 (1) (d) unless—
	(a)	for a lease prescribed by regulation for this paragraph—
	(i)	the grant is in accordance with criteria prescribed by regulation for this paragraph; and
	(ii)	the Executive approves the grant; or
	(b)	for a lease prescribed by regulation for this paragraph—
	(i)	the grant is in accordance with criteria prescribed by regulation for this paragraph; and
	(ii)	the Minister approves the grant; or
	(c)	the Executive approves the grant under subsection (2); or
	(d)	the lease is prescribed by regulation; or
	(e)	the grant is of a residential lease for a single dwelling house; or
	(f)	the grant is to give effect to a lease variation (whether by consolidation, subdivision or otherwise); or
	(g)	the grant is in accordance with—
	(i)	section 241 (Direct sale if single person in restricted class); or
	(ii)	section 254 (Grant of further leases).
Note	Power to make a statutory instrument (including a regulation) includes power to make different provision for different categories (see Legislation Act, s 48).
	(2)	The Executive may approve the grant by direct sale of a lease other than in accordance with criteria prescribed if satisfied that the grant meets 1 or more of the following objectives:
	(a)	benefit the economy of the ACT or region;
	(b)	contribute to the environment, or social or cultural features in the ACT;
	(c)	introduce new skills, technology or services in the ACT;
	(d)	contribute to the export earnings and import replacement of the ACT or region;
	(e)	facilitate the achievement of a major policy objective.
	(3)	The validity of a lease granted under section 238 (1) (d) is not taken to be affected by a failure to comply with the criteria prescribed by regulation for this section.
	(4)	In this section:
single dwelling house—see the territory plan.
241	Direct sale if single person in restricted class
	(1)	This section applies if—
	(a)	under section 239 (Eligibility for grant of lease by auction, tender or ballot), the planning and land authority restricts the people eligible to apply for a lease; and
	(b)	only 1 person is eligible for the grant of the lease.
	(2)	The planning and land authority may grant the lease to the person under section 238 (1) (d) without auctioning the lease, calling for tenders or holding a ballot.
242	Notice of direct sale
	(1)	The planning and land authority must, not later than 5 working days after the end of a quarter, give the Minister—
	(a)	a statement of—
	(i)	the number of single dwelling house leases granted during the quarter; and
	(ii)	any other information prescribed by regulation for single dwelling house leases; and
	(b)	a statement that sets out the prescribed information for each other direct sale lease granted during the quarter; and
	(c)	a copy of each other direct sale lease granted during the quarter.
	(2)	The Minister must present the documents given under subsection (1) to the Legislative Assembly not later than 5 sitting days after the day the Minister receives the information.
	(3)	To remove any doubt, the validity of a single dwelling house lease or other direct sale lease is not affected by a failure to comply with subsection (1) or (2) in relation to the lease.
	(4)	In this section:
other direct sale lease means a lease granted by direct sale, other than a single dwelling house lease.
Note	Single dwelling house lease—see s 234.
prescribed information, for an other direct sale lease, means—
	(a)	the amount (if any) paid for the grant of the lease; and
	(b)	if the lease was granted with the approval of the Executive under section 240 (2)—the reason for granting the lease with the approval of the Executive.
243	Direct sale leases subject to agreed provisions
A lease granted under section 238 (1) (d) must be granted subject to the provisions that are agreed between the planning and land authority and the applicant for the lease.
244	Authority need not grant lease
	(1)	The planning and land authority need not grant a lease to an applicant, even if applications for the lease have been invited.
	(2)	If applications for a lease have been invited subject to conditions, the planning and land authority may, without granting a lease, invite fresh applications for the lease subject to the same or other conditions.
245	Planning report before granting leases
	(1)	The planning and land authority may, but need not, prepare a planning report in relation to a proposal to grant a lease.
	(2)	The planning and land authority must prepare a planning report in relation to a proposal to grant a lease if directed in writing to do so by the Minister.
246	Payment for leases
	(1)	The planning and land authority must not grant a lease other than for payment of an amount that is not less than the market value of the lease.
Note 	Lease—see s 235.
	(2)	However, subsection (1) does not apply in relation to—
	(a)	a rental lease granted for the full market rental value of the lease; or
Note	Rental lease—see s 234.
	(b)	a land rent lease; or
	(c)	a further lease (other than a rural lease) granted under section 254; or
	(d)	a further rural lease granted on payment of an amount determined under section 280; or
	(e)	the grant of a lease prescribed by regulation for which the amount prescribed by regulation has been paid.
	(3)	To remove any doubt, an entity pays an amount that is not less than the market value of a lease if—
	(a)	the entity pays less than the market value of the lease (the monetary component); and
	(b)	the entity provides infrastructure, or carries out other work, in relation to the lease (the works component); and
	(c)	the total of the monetary component and the value of the works component is not less than the market value of the lease.
	(4)	The validity of a lease granted by the planning and land authority is not affected by a failure to comply with this section.
247	Use of land for leased purpose
	(1)	Territory land, or a building or structure on the land, in relation to which a lease has been granted, whether before or after the commencement of this part, must not be used for a purpose other than a purpose authorised by the lease.
Note	Beginning a use of land, or a building or structure on the land, is development and may require development approval (see s 7, def development, par (d) and s 8, def use, par (a)).
	(2)	However, if the lease is a residential lease, the land may also be used for home business.
Note	While the use of a residential lease for a home business is authorised, the use of the land for a home business is not exempt from requiring development approval unless the use is an exempt development (see div 7.2.6).
	(3)	In this section:
home business, carried on on land subject to a residential lease, means a profession, trade or other occupation carried on by a resident of the land.
248	Access to leased land from roads and road related areas
	(1)	The planning and land authority must not grant a lease unless satisfied that, during the term of the lease, the lessee will have—
	(a)	direct access to the leased land from a road or road related area; or
	(b)	access to the leased land from a road or road related area by way of an access road or track, or in another way, that the lessee may use for entry or exit only, without charge and at any hour of the day or night.
	(2)	Access provided by the planning and land authority because of subsection (1) (b)—
	(a)	must not interfere with a building, garden or stockyard on the land (the affected land) through which the access is provided at the time the access is provided; and
	(b)	must be located in a way that causes as little damage or inconvenience to the lessee of the affected land as possible.
	(3)	The validity of a lease granted under this part is not affected by a failure to comply with this section.
	(4)	In this section:
road—see the Road Transport (General) Act 1999, dictionary.
road related area—see the Road Transport (General) Act 1999, dictionary.
249	No right to use, flow and control of water
A lease or further lease granted under this chapter does not give a right to the use, flow and control of water (including water containing impurities) under the land comprised in the lease.
Note	This section does not apply in relation to leases or further leases granted before 11 December 1998 (see s 455).
250	Failure to accept and execute lease
	(1)	This section applies if, not later than the end of the period prescribed by regulation, a person who is entitled to the grant of a lease under this chapter fails to—
	(a)	accept and execute the lease; or
	(b)	pay any amount the person is required to pay before being granted the lease.
	(2)	The planning and land authority may, by written notice given to the person, end the person’s right to be granted the lease.
Note	For how documents may be given, see the Legislation Act, pt 19.5.
	(3)	The notice under subsection (2) must—
	(a)	state the ground on which it is given; and
	(b)	state that it takes effect on the day 20 working days after the day it is given.
	(4)	If the planning and land authority does not know the residential address of the person to whom the notice under subsection (2) is to be given, the authority may give the person the notice by publishing a copy of the notice in a daily newspaper.
	(5)	A notice given under subsection (2) takes effect on the day 20 working days after the day it is given.
	(6)	A person whose right to be granted a lease has been ended under this section does not have any claim for compensation in relation to the ending of the right or for the recovery of any money paid to the planning and land authority in relation to the grant of the lease.
251	Restrictions on dealings with certain leases
	(1)	This section applies in relation to the following leases:
	(a)	a lease that provides that the lessee cannot deal with the land, or part of the land, comprised in the lease without the prior written consent of the planning and land authority;
	(b)	a lease granted under section 238 (1) by auction, tender or ballot, if the class of people eligible or ineligible for the grant was restricted under section 239;
	(c)	a lease granted under section 238 (1) (d), other than—
	(i)	a lease granted to the Territory; or
	(ii)	a single dwelling house lease, other than a single dwelling house lease prescribed by regulation;
	(d)	a lease prescribed by regulation.
Note 1	This section has extended application (see s 450 and s 451).
Note 2	Dealings with concessional leases and rural leases, which are not restricted by this section, are restricted under s 265 and s 284.
	(2)	The lessee, or anyone else with an interest in the lease, must not, during the restricted period for the lease, deal with the lease without the written consent of the planning and land authority under section 252.
	(3)	However, a regulation may exempt a lease from this section, whether generally or in relation to a particular dealing.
	(4)	A dealing in relation to a lease to which this section applies that is made or entered into without consent has no effect.
	(5)	If this section applies to a lease, the planning and land authority must tell the registrar-general that it applies.
Note	If the planning and land authority tells the registrar-general that this section applies to a lease, the registrar-general must include a memorial in the register to that effect (see Land Titles Act 1925, s 72D).
	(6)	The application of this section to a lease is not affected by—
	(a)	failure by the planning and land authority to comply with subsection (5); or
	(a)	failure by the registrar-general to comply with the Land Titles Act 1925, section 72D.
	(7)	In this section:
deal, with a lease, does not include sublet the lease.
restricted period, for a lease to which this section applies, means—
	(a)	for a lease that provides that the lessee cannot deal with the land, or part of the land, comprised in the lease without the prior written consent of the planning and land authority—the period stated in the lease or, if no period is stated, the term of the lease; or
	(b)	for a lease granted under section 238 (1) by auction, tender or ballot, if the class of people eligible or ineligible for the grant was restricted under section 239—5 years after the day the lease was granted; or
	(c)	for a lease granted under section 238 (1) (d)—the period ending 5 years after the day the lease was granted; or
	(d)	for a lease prescribed by regulation—
	(i)	the period prescribed by regulation for the lease; or
	(ii)	if no period is prescribed—the term of the lease.
252	Consent to s 251 dealings
	(1)	The planning and land authority must not consent to a dealing under section 251 in relation to a lease unless—
	(a)	satisfied that the person to whom it is proposed that the lease should be assigned or transferred or the person to whom it is proposed that possession of the land should be given, is a person who satisfies the criteria prescribed under section 240 in relation to the class of leases in which the lease is included; or
	(b)	if the lease was originally granted by restricted auction, tender or ballot—satisfied that the person to whom it is proposed that the lease should be assigned or transferred or the person to whom it is proposed that possession of the land should be given, is a person who could have been granted the original lease.
	(2)	The validity of a dealing made or entered into with the consent of the planning and land authority is not affected—
	(a)	by a defect or irregularity in relation to the giving of the consent; or
	(b)	because a ground, or all grounds, for the consent had not arisen.
253	Leases held by Territory not to be transferred or assigned
	(1)	The Territory must not transfer or assign a lease if the Territory is the registered proprietor of the lease.
	(2)	To remove any doubt, subsection (1) does not prevent the Territory from subletting a lease if the Territory is the registered proprietor of the lease.

Part 9.3	Grants of further leases
254	Grant of further leases
	(1)	This section applies if—
	(a)	a person (the lessee) who is or was the holder of a lease (the old lease) of land applies to the planning and land authority for the grant of a further lease of the land; and
	(b)	neither the Territory nor the Commonwealth needs the land for a public purpose; and
	(c)	either—
	(i)	before expiry of the old lease, the lessee surrenders the old lease; or
	(ii)	the old lease expired not more than 6 months before the application for the grant of a further lease; and
	(d)	if the old lease is not a residential lease—all rent due under the old lease is paid; and
	(e)	if the lease is a rural lease—the amount determined under section 280 for the grant is paid; and
	(f)	the criteria (if any) prescribed by regulation are satisfied.
	(2)	The planning and land authority must grant the lessee a further lease of the land for a term not longer than—
	(a)	99 years; or
	(b)	for a rural lease for which a period shorter than 99 years is determined under section 281—the shorter period.
	(3)	A further lease granted under this section must include a statement about whether the lease is a concessional lease.
Note	A grant must be lodged with the registrar-general under the Land Titles Act 1925 (see Land Titles Act 1925, s 17 (2)).
	(4)	A further lease begins on the day after—
	(a)	the day the old lease is surrendered; or
	(b)	for a further lease granted on application after the expiry of the old lease—the day after the old lease expires.
	(5)	If the term of a further lease granted under subsection (2) is not longer than the term of the old lease, any fee payable under subsection (2) for the grant of the further lease must not be more than the cost of granting the further lease.
255	Grant of further lease includes authorised use
	(1)	This section applies if a further lease is granted under this part on the surrender of an existing lease.
	(2)	The further lease must authorise each use of the leased land, and any building or structure on the land, that the lease surrendered authorised.
	(3)	However, this section does not apply if a change of use of land, or a building or structure on the land, that involves a lease variation is applied for at the same time as the grant of the further lease is applied for.

Part 9.4	Concessional leases
Division 9.4.1	Deciding whether leases concessional
256	Application for decision about whether lease concessional
A lessee may apply to the planning and land authority for a decision about whether the lease is a concessional lease.
257	Decision about whether lease concessional
	(1)	On application under section 256, the planning and land authority must decide whether the lease is concessional or not.
	(2)	However, the planning and land authority must not make a decision under subsection (1) unless the authority has—
	(a)	given written notice (the application notice) of the application to each person (other than the lessee) with a registered interest in the lease; and
	(b)	in the application notice, invited the person to give written representations about the application to the authority at a stated address by not later than the end of a stated period of not less than 15 working days after the date the notice is given to the person; and
	(c)	considered any representations made in the time given in the application notice.
	(3)	If the planning and land authority has not made a decision on the application at the end of the period of 15 working days after the day the period for making representations given in the application notice ends, the authority is taken to have decided (the deemed decision) that the lease is a concessional lease.
Note	A lessee has a right to apply for review of a decision under this provision (see ch 13 and sch 1).
	(4)	If the planning and land authority is taken to have decided that a lease is a concessional lease under subsection (3), the authority may decide that the lease is not concessional under this section despite the deemed decision.
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 will not be able to decide that the lease is not concessional if the AAT has decided an application for review of the deemed decision (see Administrative Appeals Tribunal Act 1989, s 44 (11)).
	(5)	The planning and land authority must give written notice of the decision under subsection (1) to the applicant and anyone else with an interest in the lease to which the decision relates.
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 408 (3)).
258	Authority may decide whether lease concessional on own initiative
	(1)	The planning and land authority may, on its own initiative, decide whether a lease is concessional.
	(2)	However, the planning and land authority must not make a decision under subsection (1) unless the authority has—
	(a)	given written notice (the lease decision notice) of the authority’s intention to make a decision under subsection (1) to each person with a registered interest in the lease; and
	(b)	in the lease decision notice, invited the person to give written representations about the proposed decision to the authority at a stated address by not later than the end of a stated period of not less than 15 working days after the date the notice is given to the person; and
	(c)	considered any representations made in the time given in the lease decision notice.
	(3)	Also, if the planning and land authority gives a lease decision notice in relation to a lease, the authority must make a decision under subsection (1) in relation to the lease not later than 15 working days after the day the period for making representations given in the lease decision notice ends.
	(4)	The planning and land authority must give written notice of the decision under subsection (1) to each person with an interest in the lease to which the decision relates.
Note 1	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 408 (3)).
Note 2	A lessee has a right to apply for review of a decision under this provision (see ch 13 and sch 1).
259	Decision that lease is concessional
	(1)	This section applies if—
	(a)	the planning and land authority decides that a lease is concessional; and
	(b)	either—
	(i)	no application is made to the AAT for review of the decision that the lease is concessional within the time allowed for applications; or
	(ii)	an application for review of the decision is made and the tribunal decides to confirm the decision.
Note	The planning and land authority may decide that a lease is concessional under s 257 or s 258.
	(2)	The planning and land authority must lodge notice that the lease is a concessional lease with the registrar-general for registration under the Land Titles Act 1925.
Division 9.4.2	Varying concessional leases to remove concessional status
260	Application—div 9.4.2
This division applies to an application for development approval to vary a lease granted as a concessional lease if the application includes the removal of its concessional status.
Example of varying lease to remove concessional status
surrender of the concessional lease and regrant of a lease for market value
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).
261	No decision on application unless consideration in public interest
	(1)	The planning and land authority, or Minister, must not decide a development application to which this part applies under section 162 (Deciding development applications) unless the Minister decides whether it is in the public interest to consider the application.
	(2)	In deciding whether it is in the public interest to consider the development application, the Minister must consider the following:
	(a)	whether the Territory wishes to continue to monitor the use and operation of the lease by requiring consent before the lease is dealt with;
	(b)	whether approving the application would cause any disadvantage to the community;
	(c)	whether the application to vary the lease to make it a market value lease is, or is likely to be, part of a larger development and, if so, what that development will involve;
	(d)	whether the Territory should buy back, or otherwise acquire, the lease.
	(3)	The Minister must give notice of the decision to the planning and land authority.
	(4)	The decision is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
262	Development approval of application about concessional lease subject to condition
If the planning and land authority or Minister approves a development application to vary a lease granted as a concessional lease, the approval is subject to the condition that the lessee pays the Territory the payout amount worked out under section 263.
Note 1	The ways a lease may be varied to change its concessional status include by surrender and regrant (see s 260, example).
Note 2	For approval of development applications—see s 162.
263	Working out amount payable to discharge concessional leases
	(1)	This section applies if a development application in relation to a lease is subject to the condition that the lessee pays the Territory the payout amount worked out under this section.
	(2)	The payout amount for the lease is the amount worked out as follows:

Note	A person may also be required to pay a change of use charge, less any remittance, plus any increase, under div 9.6.3.
	(3)	In this section:
AP, for a lease, means the amount (if any) paid for the lease at grant.
MV, for a lease, means the market value of the lease if it were a market value lease.
OV, for a lease, means the market value of the lease at grant if it had been a market value lease.
	(4)	To remove any doubt, an amount paid as rent under a lease is not an amount paid for the lease.
264	Uses under leases varied by surrender and regrant to remove concessional status
	(1)	This section applies to a lease varied only to remove the concessional status of the lease by surrender and regrant of the lease.
	(2)	The regranted lease authorises each use of the land, and any building or structure on the land, authorised under the lease before the lease was varied to remove its concessional status.
	(3)	To remove any doubt—
	(a)	this section does not apply if the lease is varied other than to remove the concessional status of the lease; and
	(b)	subsection (2) applies despite anything to the contrary in the territory plan.
Division 9.4.3	Restrictions on dealings with concessional leases
265	Restrictions on dealings with concessional leases
	(1)	The lessee, or anyone else with an interest in a concessional lease, must not, during the term of the lease, deal with the lease without the written consent of the planning and land authority.
	(2)	A dealing in relation to a lease to which this section applies that is made or entered into without consent has no effect.
266	Consent to s 265 dealings
	(1)	The planning and land authority must not consent to a dealing under section 265 in relation to a lease unless—
	(a)	satisfied that the person to whom it is proposed that the lease should be assigned or transferred, the person to whom it is proposed that a sublease should be granted or the person to whom it is proposed that possession of the land should be given, is a person (an eligible person) who could be granted the concessional lease; or
	(b)	for a dealing that is a subletting—satisfied that the lessee, or an eligible person, continues to be the main user of the lease.
Examples of lessee continuing to be main user
1	A community hospital (the lessee) with a concessional lease proposes to sublet an area within the hospital for a coffee shop.  The lessee continues to operate the hospital, which is the majority of the site and offers most of the services being provided from the site.  The sublease is likely to be allowed because it is a complementary proposed use of the sublet area.
2	A community group has subleased part of a lease to a commercial enterprise and the remainder of the lease to an eligible person.  The sublease to the commercial enterprise is likely to be allowed as long as the eligible person is the main user of the lease.
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)	In deciding whether the lessee proposing to sublet the lease, or an eligible person, continues to be the main user of the lease, the planning and land authority must consider the following:
	(a)	the proposed area of the sublease;
	(b)	the extent to which the lessee or eligible person continues to provide most of the goods, services or both to be provided from the area leased;
	(c)	the extent to which the use of the area proposed to be subleased will be ancillary to the permitted uses of the area that is not proposed to be subleased;
	(d)	the extent to which the use of the area proposed to be subleased will be complementary to the use of the area that is not proposed to be subleased.
	(3)	The validity of a dealing made or entered into with the consent of the planning and land authority is not affected—
	(a)	by a defect or irregularity in relation to the giving of the consent; or
	(b)	because a ground, or all grounds, for the consent had not arisen.

Part 9.5	Rent variations and relief from provisions of leases
    
266A	Application to land rent—pt 9.5
This part does not apply to a variation of land rent in accordance with the provisions of a land rent lease.
267	Variations of rent
	(1)	If the rent payable under a lease is varied in accordance with the provisions of the lease, the planning and land authority must give the lessee written notice of the variation.
Note	For how documents may be given, see the Legislation Act, pt 19.5.
	(2)	A variation of rent mentioned in a notice under subsection (1) comes into operation on—
	(a)	the day 20 working days after the day the notice is given; or
	(b)	if the lease under which the variation is made provides that the variation comes into operation on a later day—the later day.
268	Review of variations of rent
	(1)	This section applies if—
	(a)	the rent payable under a lease is varied in accordance with the provisions of the lease; and
	(b)	the lease does not provide for the submission to arbitration of differences between the parties to the lease about variation of the rent.
	(2)	The lessee may, not later than 20 working days after receiving the notice under section 267 (1) about the variation, ask the planning and land authority in writing to review the variation.
	(3)	The making of the request does not affect the operation of the variation to which the request relates or prevent the taking of action to implement the variation.
	(4)	If the request is made in relation to a variation, the planning and land authority must review the variation and may—
	(a)	confirm the variation; or
	(b)	set the variation aside and substitute any other variation the authority considers appropriate.
269	Reduction of rent and relief from provisions of lease
	(1)	The planning and land authority may approve—
	(a)	a reduction of the rent payable under a lease, or of the amount payable, in relation to any occupation of territory land; or
	(b)	the grant of relief, to a lessee or occupier of territory land, from compliance, completely or partly, with any provision to which the person’s lease or occupation is subject.
	(2)	The reduction or grant of relief may be for a maximum period of 3 years, and may include a period before the approval.
	(3)	If the planning and land authority gives an approval under subsection (1), the liability or obligation of the lessee or occupier under the lease, or in relation to the person’s occupation, is discharged for the period approved, to the extent of the reduction or grant of relief approved.
	(4)	An approval under subsection (1) may be conditional.
	(5)	If the planning and land authority approves a grant of relief to a lessee or occupier under subsection (1), the authority must give the lessee or occupier written notice of the reduction of rent or amount payable or other grant of relief approved.
Note	For how documents may be given, see the Legislation Act, pt 19.5.
	(6)	For subsection (1), the reduction or grant of relief may be for, or include, a period before the commencement of this section.
	(7)	Subsection (6), this subsection and subsection (8) expire 1 year after the day this section commences.
	(8)	Subsection (6) is a law to which the Legislation Act, section 88 (Repeal does not end transitional effect) applies.

Part 9.6	Lease variations
Division 9.6.1	Lease variations—general
270	Effect subject to pt 9.7
This part has effect subject to part 9.7 (Rural leases).
Division 9.6.2	Variation of rental leases
271	Variation of rental leases
	(1)	The planning and land authority must not execute a variation of a rental lease unless any rent, including additional rent, payable under the lease up to the day of variation has been paid.
	(2)	If the planning and land authority executes a variation of a rental lease, the authority must reappraise the rent payable under the lease, following (as far as possible) the method provided by the rental provisions of the lease.
Note	The application of subsection (2) (and s (3)) is reduced by subsection (4).
	(3)	If the planning and land authority executes a variation of a rental lease, the rent payable under the lease is to be adjusted in accordance with the reappraisal under subsection (2) with effect from the day the variation is executed.
	(4)	Subsections (2) and (3) do not apply to a variation of—
	(a)	a rental lease—
	(i)	to reduce the rent payable to a nominal rent; or
	(ii)	otherwise affecting the rental provisions of the lease; or
	(b)	a land rent lease.
272	Advice of rent payable on variation of lease
	(1)	This section applies if—
	(a)	the planning and land authority agrees to a variation of a lease; and
	(b)	the lease is a lease (other than a land rent lease) under which rent or additional rent is payable.
	(2)	The planning and land authority must—
	(a)	calculate the amount that would be payable under the lease for rent, including additional rent, up to the day when the authority expects the variation to be executed; and
	(b)	give the lessee written notice of—
	(i)	the amount calculated for rent, including additional rent, under paragraph (a); and
	(ii)	the day up to which the amount payable for rent and additional rent has been calculated; and
	(iii)	the day by which the authority requires payment of the amount stated under subparagraph (i) to allow the variation of the lease to be executed on the day stated under subparagraph (ii).
272A	Application for rent payout lease variation
	(1)	This section applies to the following leases:
	(a)	a land rent lease; 
	(b)	a lease that is included in a class of leases prescribed by regulation.
	(2)	The lessee may apply to the planning and land authority for a variation of the lease to reduce the rent payable to a nominal rent.
Note	If a form is approved under s 425 for this provision, the form must be used.
272B	Decision on rent payout lease variation application
	(1)	Within the period prescribed by regulation after the day the planning and land authority receives an application by a lessee under section 272A, the authority must—
	(a)	decide to vary the lease to reduce the rent payable to nominal rent; or
	(b)	if subsection (2) prevents the authority from varying the lease—refuse to vary the lease.
	(2)	The planning and land authority must not vary the lease to reduce the rent payable to a nominal rent unless—
	(a)	all amounts payable to the Territory up to the day of variation of the lease for rates and land tax levied in relation to the land comprised in the lease have been paid; and
	(b)	for a land rent lease, all rent and other amounts payable to the commissioner for revenue under the Land Rent Act 2008 up to the day of variation in relation to the land comprised in the lease have been paid; and
	(c)	the provisions of the lease requiring the lessee to develop the land comprised in the lease have been complied with up to the day of the variation; and
	(d)	the lessee has paid the Territory an amount decided by the planning and land authority by reference to any policy direction made under section 272C.
	(3)	The planning and development authority must give written notice of the decision on the application to the applicant.
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 408 (3)).
272C	Policy directions for paying out rent
	(1)	The Minister may make policy directions for section 272B (2) (d).
	(2)	A policy direction is a disallowable instrument.
Note 	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
272D	Power to decide rent payout applications deemed refused
	(1)	This section applies if—
	(a)	an application has been made under section 272A (Application for rent payout lease variation); and
	(b)	the time for deciding the application has ended; and
	(c)	the planning and land authority has not decided the application under section 272B.
	(2)	The planning and land authority may decide to vary the lease to reduce the rent payable to nominal rent under section 272B despite the ending of the time for deciding the application.
	(3)	To remove any doubt, if the planning and land authority has not decided an application under section 272B, the authority is taken to have decided to refuse the application under the Administrative Appeals Tribunal Act 1989, section 24 (6).
273	Lease to be varied to pay out rent
	(1)	This section applies if the planning and land authority decides to vary a lease under section 272B to reduce the rent payable to a nominal rent.
	(2)	The planning and land authority must vary the lease in accordance with the decision.
	(3)	The lease as varied must provide that the lessee is to pay a rent of 5 cents each year if and when that rent is demanded.
274	No variations to extend term
The planning and land authority must not execute a variation of a lease to extend the term of the lease.
275	No variation of certain leases for 5 years
	(1)	This section applies to the following leases:
	(a)	a lease granted in accordance with section 241;
	(b)	a lease to which section 251 applies.
Note	This section also applies to leases granted under the Land (Planning and Environment) Act 1991, s 164 (see s 451).
	(2)	However, this does not apply to a lease exempted by regulation.
	(3)	The planning and land authority must not consent to the variation of a lease to which this section applies earlier than 5 years after the day the lease is granted.
Division 9.6.3	Variation of nominal rent leases
276	Variation of nominal rent lease—change of use charge
	(1)	The planning and land authority must not execute a variation of a nominal rent lease unless the lessee has paid the Territory any change of use charge worked out by the authority, less any remission under section 278, plus any increase under section 279.
Note	The change of use charge is worked out under s 277.
	(2)	A variation of a lease has no effect if the change of use charge payable under subsection (1) for the variation is not paid.
	(3)	This section does not apply to a variation of a nominal rent lease if—
	(a)	the only effect of the variation would be to alter a common boundary between 2 or more adjoining leases; and
	(b)	the land comprised in each adjoining lease is leased for the same purpose; and
	(c)	none of the adjoining leases is a rural lease. 
277	Working out change of use charge
	(1)	The planning and land authority works out the change of use charge for a variation of a lease as follows:

	(2)	In this section:
CUC means the change of use charge payable for the variation of the lease.
V1—
	(a)	for a variation other than a consolidation or subdivision, means the capital sum that the lease might be expected to realise if—
	(i)	the lease were varied as proposed; and
	(ii)	the lease were genuinely offered for sale immediately after the variation on the reasonable terms and conditions that a genuine seller would require; and
	(iii)	the rent payable throughout the term of the lease or, for a variation that involves the surrender of a lease and issue of a new lease, the new lease, were a nominal rent; or
	(b)	for a variation that is a consolidation or subdivision, means the capital sum that the new lease or leases to be granted under the consolidation or subdivision might be expected to realise if—
	(i)	the consolidation or subdivision were to take place as proposed; and
	(ii)	the new lease or leases were genuinely offered for sale immediately after the variation on the reasonable terms and conditions that a genuine seller would require; and
	(iii)	the rent payable throughout the term of the new lease or leases were a nominal rent.
V2—
	(a)	for a variation other than a consolidation or subdivision, means the capital sum that the lease might be expected to realise if—
	(i)	the lease were not varied during the remainder of its term; and
	(ii)	the lease were genuinely offered for sale immediately before the variation on the reasonable terms and conditions that a genuine seller would require; and
	(iii)	the rent payable throughout the term of the lease, or lease to be surrendered, were a nominal rent; or
	(b)	for a variation that is a consolidation or subdivision, means the capital sum that the lease or leases to be surrendered under the consolidation or subdivision might be expected to realise if—
	(i)	no consolidation or subdivision were to take place during the remainder of the term of the surrendered lease or leases; and
	(ii)	the lease or leases were genuinely offered for sale immediately before the consolidation or subdivision on the reasonable terms and conditions that a genuine seller would require; and
	(iii)	the rent payable throughout the term of the lease or leases to be surrendered were a nominal rent.
	(3)	If the capital value assessed as V1 is equal to or less than the capital value assessed as V2, no change of use charge is payable.
278	When authority must remit change of use charge
	(1)	The planning and land authority must remit all or part of a change of use charge for a variation of a lease under section 276 as prescribed by regulation.
	(2)	A regulation may prescribe the amount to be remitted under subsection (1). 
279	When authority must increase change of use charge
	(1)	The planning and land authority must increase a change of use charge for a variation of a lease under section 276 as prescribed by regulation.
	(2)	A regulation may prescribe the amount of the increase under subsection (1).

Part 9.7	Rural leases
Note to pt 9.7
Improvement, in relation to rural leases, has a special meaning (see s 288).
Division 9.7.1	Further rural leases
280	Determination of amount payable for further leases—rural land
	(1)	The Minister may make a determination for section 254 (1) (e).
	(2)	If the Minister has not made a determination under this section, the amount that is taken to have been determined for a rural lease is the market value.
	(3)	A determination under subsection (1) is a disallowable instrument.
Note 	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
281	Fixing period for further leases—rural land
	(1)	The Minister may make a determination for section 254 (2) (b).
	(2)	However, if the national capital authority has set a maximum term for a rural lease of land in a designated area, the Minister must not determine a period under subsection (1) for a further rural lease of the land in a designated area that is longer than the maximum term set by the national capital authority.
	(3)	A determination under subsection (1) is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Division 9.7.2	Exceptions for rural leases
282	Definitions—div 9.7.2
In this division:
discharge amount means the discharge amount worked out as prescribed by regulation.
holding period, for a lease, is a period ending—
	(a)	if the discharge amount is paid—when the discharge amount is paid; or
	(b)	in relation to a lease for a term of 21 years or longer—10 years after the lease commences; or
	(c)	in relation to a lease for a term shorter than 21 years—at the end of 1/3 the term of the lease.
283	Land management agreements
Note	Section 285 contains exceptions to this section.
	(1)	This section applies to the following actions:
	(a)	granting a rural lease;
	(b)	granting a further rural lease;
	(c)	varying a rural lease;
	(d)	consenting to the assignment or transfer of a rural lease.
	(2)	The planning and land authority may take action to which this section applies only if—
	(a)	the person to whom the lease is to be granted, assigned or transferred, or the person whose lease is to be varied, has entered into an agreement with the Territory about managing the rural land comprised in the lease; and
	(b)	the agreement complies with this section.
	(3)	An agreement between a person and the Territory complies with this section if it is—
	(a)	in accordance with a form approved by the planning and land authority under section 425 (Approved forms) for this section; and
	(b)	signed by—
	(i)	the conservator of flora and fauna; and
	(ii)	the person.
	(4)	An agreement may contain a provision allowing the agreement to be varied other than by agreement between the parties.
284	Dealings with rural leases
Note	Section 285 contains exceptions to this section.
	(1)	This section applies to—
	(a)	a rural lease granted under section 238 (Granting leases); and
	(b)	a grant of a further lease of a rural lease.
Note	This section has an extended application (see s 454).
	(2)	A lessee, or anyone else with an interest in the lease, must not deal with a lease to which this section applies without the written consent of the planning and land authority.
	(3)	A dealing in relation to a lease made or entered into without consent has no effect.
	(4)	The planning and land authority must not consent under this section to a dealing in relation to a lease unless—
	(a)	the lessee’s domestic partner or child is the person to whom—
	(i)	the lease is being assigned or transferred; or
	(ii)	the land comprised in the lease, or part of it, is sublet; or
	(iii)	possession of the land comprised in the lease, or part of it, is being given; or
	(b)	the holding period for the lease has ended.
	(5)	The validity of a dealing made or entered into with the consent of the planning and land authority is not affected—
	(a)	by a defect or irregularity in relation to the giving of the consent; or
	(b)	because a ground, or all grounds, for the consent had not arisen.
	(6)	To remove any doubt, a person is not required to pay a discharge amount more than once under this section in relation to a rural lease.
	(7)	In this section:
child, of a lessee, includes a child of the lessee’s domestic partner.
285	Exceptions to s 283 and s 284
Section 283 and section 284 do not apply to the transfer or assignment of a lease, or an interest in the lease, if—
	(a)	the lessee has died; or
	(b)	the transfer or assignment is made under any of the following orders:
	(i)	an order of the Family Court;
	(ii)	an order of another court having jurisdiction under the Family Law Act 1975 (Cwlth);
	(iii)	an order under the Domestic Relationships Act 1994, division 3.2 adjusting the property interests of the parties in a domestic relationship; or
	(c)	the transfer or assignment happens by operation of, or under, bankruptcy or insolvency.
Note	The person to whom the lease, or interest, has been transferred or assigned must enter into a land management agreement (see s 286).
286	Delayed requirement to enter into land management agreement
	(1)	This section applies if a lease, part of the lease or an interest in the lease, to which section 283 or section 284 applies has been transferred or assigned to someone (the interest holder) who has not entered into a land management agreement for the rural land comprised in the lease, or part of the lease, or to which the interest relates.
	(2)	The interest holder must enter into a land management agreement for the rural land comprised in the lease, or part of the lease, or to which the interest relates not later than 6 months (or any extended period) after the day the lease, part of the lease or interest, is transferred or assigned to the interest holder.
	(3)	The planning and land authority may, in writing, extend the period under subsection (2) for entering into a land management agreement.
Note	The planning and land authority may extend the period under s (2) after the end of the period being extended (see Legislation Act, s 151C (3)).
287	No subdivision or consolidation of rural leases
The planning and land authority must not consent to the consolidation or subdivision of a lease to which section 284 applies during the holding period.

Part 9.8	Leases—improvements
    
288	Definitions—pt 9.8
In this part:
improvement, in relation to land, means—
	(a)	a building or structure on or under the land; or
	(b)	for land held under a rural lease—
	(i)	a building or structure on or under the land; or
	(ii)	any earthworks, planting or other work that affects the landscape of the land that is reasonably undertaken for rural purposes.
lessee, for a lease that has ended, whether by termination, surrender, end of term or otherwise, means the person who was the lessee under the lease when the lease ended.
undertaken, in relation to an improvement that is a building or structure, means the construction of the building or structure.
289	Application of pt 9.8 to improvements
This part applies only to the following improvements to land:
	(a)	an improvement undertaken in a way consistent with the law of the Territory, and with any lease over the land, other than—
	(i)	an improvement undertaken by the Territory or the Commonwealth (subject to paragraph (b)); or
	(ii)	an improvement acquired by the Territory or the Commonwealth (subject to paragraph (c));
	(b)	an improvement undertaken by the Territory or the Commonwealth, if the Territory or the Commonwealth has received, or is entitled to receive, payment for the improvement;
	(c)	an improvement acquired by the Territory or the Commonwealth, if the Territory or the Commonwealth has received, or is entitled to receive, payment for the improvement.
290	Renewing lessee not liable to pay for improvements
	(1)	This section applies if—
	(a)	the term of a lease expires; and
	(b)	there are improvements to which this part applies on the land comprised in the lease; and
	(c)	the lessee is granted a further lease of the land or part of it.
	(2)	The lessee is not liable to pay the planning and land authority for the improvements on the land or part of the land.
291	Authority to pay for certain improvements
	(1)	This section applies if—
	(a)	the term of a lease expires; and
	(b)	there are improvements to which this part applies on the land comprised in the lease; and
	(c)	there is no provision in the lease that precludes or limits the right of the lessee to payment in relation to the improvements; and
	(d)	the lessee is not granted a further lease of the land, or is granted a lease of only part of the land.
Note	Section 293 and s 294 make this section apply in other cases.
	(2)	The planning and land authority is liable to pay the lessee—
	(a)	if no further lease of the land is granted to the lessee—the amount decided by the authority to be the value of the improvements on the land; or
	(b)	if a further lease of only part of the land is granted to the lessee—the amount decided by the authority to be the value of the improvements to which this section applies on the part of the land not leased.
Note	Under s 292, the planning and land authority may be required to deduct an amount from the amount payable under this section.
292	Land declared available for further lease
	(1)	This section applies if—
	(a)	the planning and land authority is liable to pay a lessee an amount under section 291; and
	(b)	before the expiry of the term of the lease, the authority declared that the land comprised in the lease, or part of the land, was available for a further lease; and
	(c)	the lessee does not elect to take a further lease of the land, or part of the land, declared to be available not later than 6 months after the expiry of the term of the lease.
	(2)	The amount of any expenditure reasonably incurred by the Territory, the planning and land authority or both, in relation to the grant of a lease of the land, or part of the land, to anyone else must be deducted from the amount payable to the lessee under section 291.
293	Lease surrendered or terminated
	(1)	This section applies if—
	(a)	a lease is surrendered or terminated; and
	(b)	the lessee has fully complied with the provisions (if any) of the lease relating to the construction of a building on the land comprised in the lease; and
	(c)	there is no provision in the lease that precludes or limits the right of the lessee to payment in relation to improvements on the land comprised in the lease.
	(2)	Section 291 and section 292 apply in relation to the lease (so far as applicable) as if the term of the lease had expired on the day the lease was surrendered or terminated.
	(3)	However, the amount worked out under subsection (4) must be deducted from any amount payable under section 291 to the lessee of the surrendered or terminated lease.
	(4)	The planning and land authority may work out the amount of the expenditure reasonably incurred by the Territory, the authority or both, in relation to the surrender or termination of the lease.
294	Withdrawal of lease or part before end
	(1)	This section applies if—
	(a)	before the end of the term of a lease, the planning and land authority withdraws all or part of the leased land from the lease under a provision of the lease; and
	(b)	the lessee has fully complied with the provisions (if any) of the lease relating to the construction of a building on the land comprised in the lease; and
	(c)	there is no provision in the lease that precludes or limits the right of the lessee to payment in relation to improvements on the land comprised in the lease.
	(2)	Section 291 and section 292 apply in relation to the lease, or the part of the lease that comprises the land withdrawn, as if the term of the lease, or part of the lease, had ended on the day of the withdrawal.
295	Deciding value of improvements
	(1)	In this section:
assessment day means—
	(a)	in relation to land if the term of the lease has expired—the day the term expired; or
	(b)	in relation to land a lease of which has been terminated or surrendered—the day the lease was terminated or surrendered; or
	(c)	in relation to land that has been withdrawn from a lease—the day of withdrawal.
market value, in relation to improvements on land, means the amount by which the improvements increase the value of the lease of the land, assuming that the lease, together with the improvements, were offered for sale on the open market on the day before the assessment day on the reasonable terms and conditions that a genuine seller might require.
	(2)	If compensation is payable under this part in relation to improvements, the planning and land authority must, as soon as practicable after the assessment day in relation to the land where the improvements are situated, in writing, decide, in accordance with this section, the market value of the improvements on the land as at the assessment day.
	(3)	If compensation is payable under section 291, the planning and land authority must, in valuing the improvements, assume that a further lease of the land had been granted subject to the same provisions, and for the same term, as the lease the term of which has expired.
	(4)	If compensation is payable under section 293, the planning and land authority must, in valuing the improvements, assume that the lease of the land had not been terminated or surrendered.
	(5)	If compensation is payable under section 294, the planning and land authority must, in valuing the improvements, assume that the leased land or part of the leased land had not been withdrawn from the lease.

Part 9.9	Leases—certificates of compliance and building and development provisions
296	Certificates of compliance
	(1)	If a building and development provision of a lease has been fully complied with, the planning and land authority must, on application by the lessee, issue a certificate of compliance stating that the provision has been complied with.
Note	A single form may be used for a number of provisions, so a joint certificate of completion, certificate of compliance and certificate of occupancy may be issued (see Legislation Act, s 255 (7)).
	(2)	If a building and development provision of a lease has been partly complied with, the planning and land authority may issue a certificate of compliance stating that the provision has been partly complied with.
	(3)	A certificate of compliance under subsection (2) may be issued subject to a condition (stated in the certificate) that the lessee provides security in a stated form against failure to complete stated outstanding work.
	(4)	This section is subject to section 297.
297	Certificates of compliance relating to Unit Titles Act leases
	(1)	The planning and land authority must not issue a certificate of compliance under section 296 in relation to a building and development provision that a lease under the Unit Titles Act 2001 is subject to unless satisfied under subsection (2).
	(2)	The planning and land authority must be satisfied—
	(a)	for every other lease in relation to the same subdivision under the Unit Titles Act 2001 that is subject to a building and development provision—that the provision has been complied with, or a certificate of compliance has been issued under section 296 in relation to the provision; or
	(b)	that the occupier of the unit that is held under the lease will not, as occupier, be substantially inconvenienced by works being carried out, or that are to be carried out, in compliance with a building and development provision to which the lease of the common property or another unit contained in the same subdivision under the Unit Titles Act 2001 is subject.
	(3)	For subsection (2), an occupier is substantially inconvenienced by works being carried out, or that are to be carried out, if the works are being, or are to be, carried out to the common property, or another unit, in the same stage of the development as the occupier’s unit.
298	Transfer of land subject to building and development provision
	(1)	A lease containing a building and development provision, or an interest in the lease, cannot be transferred or assigned, either at law or in equity, unless—
	(a)	the lessee has died; or
	(b)	the transfer or assignment is made under any of the following orders:
	(i)	an order of the Family Court;
	(ii)	an order of another court having jurisdiction under the Family Law Act 1975 (Cwlth);
	(iii)	an order under the Domestic Relationships Act 1994, division 3.2 adjusting the property interests of the parties in a domestic relationship; or
	(c)	the transfer or assignment happens by operation of, or under, bankruptcy or insolvency; or
	(d)	the lessee has—
	(i)	a certificate of compliance under section 296; or
	(ii)	the consent of the planning and land authority under subsection (2) or (4).
Note	A consent under the City Area Leases Ordinance 1936 may be taken to be a consent under s (2) (see Land (Planning and Environment) Act 1991, s 292 (expired)).
	(2)	The planning and land authority may, in writing, consent to a legal or equitable transfer or assignment of a lease containing a building and development provision, or an interest in the lease, if—
	(a)	the authority—
	(i)	is satisfied that the proposed transferee or assignee intends to comply with the building and development provision; and
	(ii)	has been given the security (if any) required by the authority for compliance with the provision by the proposed transferee or assignee; and
	(b)	either—
	(i)	the authority is satisfied that the lessee cannot, for personal reasons prescribed by regulation, comply with the building and development provision; or
	(ii)	the authority is satisfied that—
	(A)	the lessee cannot comply with the building and development provision for financial reasons; and
	(B)	the financial reasons are connected with the lease; or
	(iii)	the authority is satisfied that—
	(A)	an unforeseen major event outside the lessee’s control happened after the lessee purchased the lease; and
	(B)	the event has had a demonstrable effect on the lessee’s ability to develop the land comprised in the lease; or
	(iv)	the proposed transferee or assignee (the homebuyer) has a contract with the person (the builder) proposing to transfer or assign the lease and, under the contract, the builder is required to build a home on the leased land for the homebuyer.
Examples of unforeseen major events
1	a bushfire
2	a large increase in interest rates
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).
	(3)	For subsection (2) (b) (ii), a financial reason is connected with the lease unless—
	(a)	the reason is that the lessee has borrowed an amount, using the land as security, for a purpose other than to purchase or develop the land; and
	(b)	the amount is used for a purpose other than to meet an expense arising from a personal reason prescribed by regulation for subsection (2) (b) (i).
Examples of financial reasons not connected with lease
1	expenditure on purchase of other land
2	purchase of luxury car
3	expenditure on extended overseas holiday
	(4)	The planning and land authority may also, in writing, consent to a transfer of a lease containing a building and development provision, or an interest in the lease, if the proposed transfer is the first sale of an individual lease of undeveloped land by the person who provided the infrastructure on, and subdivided, the holding lease of which the individual lease is a subdivision.
	(5)	In deciding under subsection (2) or (4) whether to consent to a transfer or assignment of a lease, the planning and land authority must take into consideration any matters prescribed by regulation.
298A	Application for extension of time to commence or complete building and development
	(1)	This section applies if a lease includes a building and development provision requiring the commencement or completion of building or development to take place within a stated time.
Note	The planning and land authority may make a controlled activity order under div 11.3.2 (Controlled activity orders on authority’s initiative) or terminate a lease under s 382 (Termination of leases) if a lessee fails to comply with a building and development provision.
	(2)	The lessee may, at any time before or after the stated time has ended, apply to the planning and land authority to extend the stated time under section 298B.
Note	If a form is approved under s 425 for this provision, the form must be used.
	(3)	The application must be accompanied by—
	(a)	the most recent assessment notice for rates for the land; and
	(b)	the amount (the required fee) worked out as follows:

	(4)	The required fee is not affected by the number of stated times under the lease for which an extension is sought.
	(5)	In this section:
A is—
	(a)	5; or
	(b)	if a lower figure is prescribed by regulation—the figure prescribed.
Note	Power to make a statutory instrument (including a regulation) includes power to make different provision for different categories (see Legislation Act, s 48).
B is the amount of rates payable in relation to the land under the Rates Act 2004, for the financial year when the application is made.
D means the number of days for which the extension is sought.
Note	The required fee may be waived under the Financial Management Act 1996, s 131.
298B	Extension of time to commence or complete building and development
	(1)	This section applies to an application for extension of a stated time under section 298A.
	(2)	The planning and land authority must—
	(a)	approve the extension; or
	(b)	refuse to approve the extension.
	(3)	The planning and land authority may approve the extension only if satisfied on reasonable grounds that the extension for the period sought would not cause an unacceptable delay to another development or land release.
	(4)	An approval may be given for a shorter extension than that sought by the application.
	(5)	However, the planning and land authority must not approve an extension—
	(a)	for more than the prescribed period; or
	(b)	for a period that, together with any earlier extension, would total more than the prescribed period.
	(6)	In this section:
prescribed period means—
	(a)	3 years; or
	(b)	if another period is prescribed by regulation—the other period.
Example—par (b)
the prescription of a longer period in hardship cases
Note 1	Power to make a statutory instrument (including a regulation) includes power to make different provision for different categories (see Legislation Act, s 48), and power for the stated entity to make provision about a matter or any aspect of a matter (see Legislation Act, s 52).
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).

Part 9.10	Surrendering and termination of leases
299	Lessee may surrender lease or part of lease
	(1)	A person who holds a lease may, at any time, with the consent of the planning and land authority, surrender the lease or part of the land comprised in the lease.
Note	For provisions about compensation for improvements, see pt 9.8.
	(2)	The planning and land authority may agree to accept the surrender of a lease, or part of the land comprised in a lease, under subsection (1) either unconditionally or subject to any condition the authority considers appropriate.
	(3)	The surrender of a lease, or part of the land comprised in a lease, does not entitle the lessee to a refund or remission of any rent already paid or owing.
300	Refund on lease surrender or termination
	(1)	This section applies if a lease is surrendered or terminated under this Act.
	(2)	On application by the person surrendering the lease or the person whose lease has been terminated, the planning and land authority may authorise payment to the person of the amount prescribed by regulation.
	(3)	A regulation may prescribe when the land and planning authority may authorise a payment under this section.

Part 9.11	Licences for unleased land
301	Criteria for granting licences for unleased land
	(1)	The Executive may determine criteria for the granting of licences to occupy or use unleased land.
Note	A licence is a contractual right to do something that would be unlawful to do without the licence, eg to occupy or use land under the contract.
	(2)	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
302	Applications for licences for unleased land
	(1)	A person may apply to the planning and land authority for a licence to occupy or use an area of unleased territory land.
Example of when a licence might be given to a person
to allow grazing of livestock on an area of unleased territory land 
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)	An application under subsection (1) must—
	(a)	be in writing signed by the applicant; and
	(b)	state—
	(i)	the land (the subject land) in relation to which the licence is sought; and
	(ii)	the period for which the licence is sought; and
	(iii)	the purposes for which it is proposed that the land should be used under the licence; and
	(c)	be accompanied by a written consent by the custodian for the subject land to the issue of the licence applied for.
303	Decision on licence applications for unleased land
	(1)	On receiving an application under section 302, the planning and land authority may grant the applicant a licence to occupy or use the land, and any building or structure on the land, stated in the application for the purposes and period stated in the application.
Note	An application must be accompanied by the custodian’s written consent to the issue of the licence applied for.
	(2)	However, the planning and land authority must not grant a licence under subsection (1) to occupy or use public land unless the conservator of flora and fauna agrees in writing to the grant.
304	Licences—form etc
	(1)	A licence granted under section 303 must—
	(a)	be in writing; and
	(b)	state the period for which it is granted.
	(2)	A licence granted under section 303—
	(a)	applies to the person to whom it is granted; and
	(b)	is subject to the conditions (if any) stated in the licence.
305	Licences—when not needed
A person need not hold a licence granted under section 303 to occupy or use an area of unleased territory land if—
	(a)	the person holds a permit under the Roads and Public Places Act 1937 to place an object in, over or across the area; and
	(b)	the area is being occupied or used in accordance with the permit; and
	(c)	for an occupation or use that requires development approval—
	(i)	the occupation or use has development approval; and 
	(ii)	if the occupation or use has development approval subject to a condition—the person is complying with the condition.

Part 9.12	Leases and licences—miscellaneous
306	Land leased to be held as undivided parcel
	(1)	The land comprised in a lease must at all times be held and occupied by or under the lessee as 1 undivided parcel, unless section 307, section 308 or section 309 provides otherwise.
	(2)	The land comprised in a lease may be sublet and the lease and any interest in it may be assigned, transferred or mortgaged, unless a provision of this chapter provides otherwise.
307	Power of lessee to sublet part of building
	(1)	Any part of a building on land comprised in a lease may, subject to the lease, any sublease of the land and this Act, be sublet separately from the remainder of the building.
Note	Section 251 and s 284 require consent before subleasing in some cases.
	(2)	If a part of a building is sublet separately from the remainder of the building, any part of the parcel of land with the building on it may be sublet with the part of the building separately from the remainder of the parcel of land, as long as the part of the parcel of land sublet adjoins the part of the parcel of land with the building on it.
	(3)	To remove any doubt, nothing in this section prevents the subletting of a whole building.
308	Power of lessee to sublet part of land
	(1)	Any part of land comprised in a lease must not be sublet without the prior written approval of the planning and land authority.
	(2)	The planning and land authority must not approve the subletting of a part of land comprised in a lease other than in accordance with criteria prescribed by regulation.
	(3)	This section does not apply to a part of land sublet under section 309.
	(4)	To remove any doubt, nothing in this section prevents development in accordance with this Act on land sublet.
309	Subletting for siting of mobile homes
	(1)	This section applies if—
	(a)	a lease of territory land authorises the use of the land comprised in the lease as a mobile home park; and
	(b)	part of the land is being used, or intended to be used, for the siting of a mobile home.
	(2)	The part of the land may, subject to the lease and any sublease of the land, be sublet separately from the remainder of the land.
	(3)	In this section:
mobile home means a dwelling (whether or not on wheels) capable of being transferred from place to place and re-erected.
mobile home park means land used for the purpose of accommodating mobile homes or caravans, and includes a caravan park or camping ground.
310	Reservation of minerals
A reservation of minerals contained in a lease must be read as a reservation of all minerals and mineral substances in or on the land, including gold, silver, copper, tin, other metals, ores and substances containing metals, gems, precious stones, coal, limestone, shale, mineral oils, valuable earths and substances, stone, clay, gravel and sand.
311	Access to lease documents and development agreements
	(1)	The Freedom of Information Act 1989, section 11 (2) does not apply to a document that became a document of a Commonwealth agency before 1 January 1977 and is—
	(a)	a lease; or
	(b)	a variation of a lease; or
	(c)	a renewal of a lease.
	(2)	A document is taken not to be an exempt document for the Freedom of Information Act 1989 if the document is—
	(a)	a lease; or
	(b)	a variation of a lease; or
	(c)	a renewal of a lease.
312	How land may be recovered if former lessee or licensee in possession
	(1)	This section applies if—
	(a)	a person who has been a lessee remains in possession of the land after—
	(i)	the term of the lease has ended; or
	(ii)	the lease has been surrendered or ended; or
	(b)	a person who has been a licensee remains in possession of the land after—
	(i)	the term of the licence has ended; or
	(ii)	the licence has been surrendered or ended.
	(2)	The planning and land authority may, by written notice to the person (the unlawful occupier), demand that the unlawful occupier give possession of the land to the authority within the reasonable period stated in the demand.
	(3)	If a demand is not complied with—
	(a)	the planning and land authority may apply to the Magistrates Court for an order that possession of the land be given to the authority; and
	(b)	the court may issue a warrant authorising a police officer, within 20 working days after the day the warrant is issued, to enter the land with the assistance and by the force that is reasonable, and give possession of the land to the authority.
	(4)	In this section:
licence means a licence granted by the Territory, the Commonwealth or the planning and land authority.

Chapter 10	Management of public land
Notes to ch 10
Licences over public land are granted under pt 9.11.
Fees may be determined under s 424 for provisions of this chapter.
If a form is approved under s 425 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).
Part 10.1	Interpretation—ch 10
313	Definitions—ch 10
In this chapter:
Note	Custodian—see s 333 (see dict).  Custodianship map—see s 334 (see dict).
management objectives, for an area of public land—see section 317.
plan of management means a plan of management under part 10.4.
variation, of a plan of management, includes the revocation of the plan and its substitution with a new plan.

Part 10.2	Providing for public land
314	Recommendations to authority
The custodian for an area of unleased land, or the conservator of flora and fauna, may, in writing, recommend to the planning and land authority that the territory plan be varied to provide—
	(a)	for the identification of the area of land (or part of it) as public land and its reservation for a purpose mentioned in section 315; or
	(b)	in relation to an area already identified in the plan as public land—
	(i)	for the variation of the boundaries of the area to reduce or increase the size of the area, or to alter the shape of the area; or
	(ii)	for the variation of the purpose for which the area is reserved; or
	(iii)	that the land stops being public land.

Part 10.3	Management of public land
315	Reserved areas—public land
Public land may be reserved in the territory plan, whether in the map or elsewhere in the plan, for any of the following purposes:
	(a)	a wilderness area;
	(b)	a national park;
	(c)	a nature reserve;
	(d)	a special purpose reserve;
	(e)	an urban open space;
	(f)	a cemetery or burial ground;
	(g)	the protection of water supply;
	(h)	a lake;
	(i)	a sport and recreation reserve;
	(j)	a heritage area.
316	Management of public land
An area of public land must be managed in accordance with—
	(a)	the management objectives applying to the area; and
	(b)	any plan of management for the area.
317	Management objectives for areas of public land
	(1)	The management objectives for an area of public land reserved for a particular purpose are—
	(a)	the management objectives stated in schedule 3 in relation to areas of land reserved for the purpose; and
	(b)	the management objectives stated by the conservator of flora and fauna under subsection (2) in relation to areas of land reserved for the purpose.
	(2)	The conservator of flora and fauna may determine management objectives for an area of public land reserved for a purpose mentioned in schedule 3.
Note	A power given under an Act to make a statutory instrument (including a determination of management objectives) includes power to amend or repeal the instrument (see Legislation Act, s 46 (1)).
	(3)	A determination of management objectives is a disallowable instrument.
Note 1	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Note 2	An amendment or repeal of a determination of management objectives is also a disallowable instrument (see Legislation Act, s 46 (2)).
	(4)	If there is an inconsistency between the application of 2 management objectives stated in schedule 3 in relation to an area of public land, the objective appearing later in the schedule is to be read subject to the earlier objective.
	(5)	If there is an inconsistency between the application of a management objective stated in schedule 3 and a management objective stated by the conservator of flora and fauna under subsection (2) in relation to an area of public land, the objective stated by the conservator is to be read subject to the objective in schedule 3.
	(6)	In schedule 3:
natural environment means all biological, physical and visual elements of the earth and its atmosphere, whether natural or modified.

Part 10.4	Plans of management for public land
318	Definitions—pt 10.4
In this part:
proponent means—
	(a)	for a draft plan of management, or technical variation of a plan of management, for an area of public land—the custodian of the land; or
	(b)	for a draft variation, or technical variation of a plan of management, for an area of public land—
	(i)	the custodian of the land; or
	(ii)	if the draft variation or technical variation was prepared by the conservator of flora and fauna—the conservator of flora and fauna.
technical variation, of a plan of management, includes a variation of the plan of management to—
	(a)	correct a minor error or anomaly in a geographical description of a boundary; or
	(b)	change an incorrect or outdated reference to a territory law; or
	(c)	update the name of an administrative unit or other territory entity.
319	Content of plans of management
A plan of management must include—
	(a)	a description of the area of public land to which it applies; and
	(b)	how the management objectives for the area are to be implemented or promoted in the area.
320	Preparation of plans of management
	(1)	The custodian for an area of public land must prepare a draft plan of management for the area as soon as practicable after the area is identified as public land in the territory plan.
	(2)	The custodian for an area of public land may prepare a draft plan of management for the area if the custodian considers the existing plan of management is outdated.
	(3)	In preparing a draft plan of management for an area, the custodian for the area must consider any comment by the planning and land authority or the conservator of flora and fauna in relation to the area or the draft plan.
Note	If the draft plan of management does not incorporate any comments by the planning and land authority or the conservator, an explanation of why must be given to the Minister (see s 325).
321	Variations of plans of management other than technical variations
	(1)	The custodian for an area of public land, or the conservator of flora and fauna, may prepare a draft variation of a plan of management (other than a technical variation) in the same way as a draft plan of management.
	(2)	However, the conservator of flora and fauna must not prepare a draft variation of a plan of management for an area of public land (other than a technical variation) unless the conservator has consulted the custodian for the area.
	(3)	This part applies to a draft variation of a plan of management (other than a technical variation) as if it were a draft plan of management.
322	Planning reports and SEAs—draft plans of management
	(1)	At any time before a draft plan of management is approved under section 327 (3) (a), the Minister may direct that a planning report or strategic environmental assessment be completed for any aspect of the draft plan.
	(2)	The Minister may act under subsection (1) after receiving a written request from the conservator of flora and fauna or on the Minister’s own initiative.
	(3)	In preparing or revising a draft plan of management, the proponent must consider any relevant planning report or strategic environmental assessment.
323	Public consultation about draft plans of management
	(1)	This section applies to a draft plan of management (the final draft plan) for an area of public land if—
	(a)	no preliminary draft plan of management for the area has been notified under section 63; or
Note	A preliminary draft plan of management for an area would be notified under section 63 as a background paper to a territory plan variation (see s 58, def background papers).
	(b)	if a preliminary draft plan of management has been notified under section 63—the final draft plan differs significantly from the preliminary draft plan.
	(2)	The proponent of the final draft plan must make copies of the final draft plan available—
	(a)	to an appropriate committee of the Legislative Assembly; and
	(b)	for public inspection during office hours at the places stated in a written notice (the public inspection notice) prepared by the proponent.
	(3)	The public inspection notice must invite people to give written representations about the draft plan of management to the proponent at a stated address by not later than the end of a stated period of not less than 15 working days after the date the notice is notified under the Legislation Act.
	(4)	The public inspection notice is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(5)	The proponent of the final draft plan must also publish the public inspection notice in a daily newspaper.
324	Revision of draft plans of management
The proponent of a draft plan of management may revise the draft plan—
	(a)	after considering any written representations received about the draft plan; or
	(b)	to correct any formal error.
325	Giving draft plans of management to Minister
The proponent of a draft plan of management for an area of public land must give the draft plan (whether revised under section 324 or otherwise) to the Minister for approval, together with—
	(a)	a written report setting out the issues raised in any written comments given to the proponent in relation to the draft plan; and
	(b)	if the planning and land authority or conservator of flora and fauna made comments in relation to the area or the draft plan and the draft plan does not incorporate the comments—a written explanation of why the draft plan does not incorporate the comments; and
	(c)	a written report about the proponent’s consultation with the public and with anyone else about the draft plan.
326	Consideration of draft plans of management by Legislative Assembly committee
	(1)	This section applies if the Minister is given a draft plan of management under section 325.
	(2)	Not later than 5 working days after the day the Minister receives the draft plan of management, the Minister must give the following to an appropriate committee of the Legislative Assembly:
	(a)	a copy of the draft plan;
	(b)	a copy of the reports mentioned in section 325 relating to the draft plan.
327	Minister’s powers on receiving draft plans of management
	(1)	This section applies if the Minister receives a draft plan of management given for approval under section 325 or section 328.
	(2)	The Minister must consider any recommendation relating to the draft plan of management made by a committee of the Legislative Assembly under section 326.
	(3)	The Minister must—
	(a)	in writing, approve the plan of management in the form given; or
	(b)	refer the draft plan to the proponent of the draft together with 1 or more of the following written directions:
	(i)	to conduct further stated consultation;
	(ii)	to consider any revision suggested by the Minister;
	(iii)	to revise the draft in a stated way;
	(iv)	to defer giving the draft to the Minister again until a stated date or the happening of a stated event;
	(v)	to withdraw the draft in writing.
Note	A plan of management approved by the Minister is a disallowable instrument (see s 330).
	(4)	The following are notifiable instruments:
	(a)	a deferral of a draft plan of management by the proponent of the draft plan in accordance with a direction under subsection (3) (b) (iv);
	(b)	a withdrawal of a draft plan of management by the proponent of the draft plan in accordance with a direction under subsection (3) (b) (v).
Note	A notifiable instrument must be notified under the Legislation Act.
328	Referral of draft plans of management to proponent
If the Minister refers a draft plan of management to the proponent of the draft plan under section 327 (3) (b), the proponent must—
	(a)	if the Minister gives a direction under section 327 (3) (b) (i)—comply with the Minister’s directions; and
	(b)	if the Minister gives a direction under section 327 (3) (b) (ii) or (iii)—revise the draft plan if the proponent considers appropriate; and
	(c)	revise the draft to correct any formal error; and
	(d)	submit the draft plan of management (as revised) to the Minister for approval together with a written report about—
	(i)	the proponent’s compliance with the Minister’s directions; and
	(ii)	any revision of the draft under paragraph (c).
329	Notice of revival of deferred draft plans of management
	(1)	This section applies if—
	(a)	the proponent of a draft plan of management defers the draft plan as directed under section 327 (3) (b) (iv) (Minister’s powers on receiving draft plans of management); and
	(b)	either—
	(i)	the day stated in the deferral for revival of the draft plan arrives; or
	(ii)	the event mentioned in the deferral for revival of the draft plan happens.
	(2)	The proponent of the draft plan of management must prepare a notice, on the day stated in the deferral, or as soon as possible after the event mentioned in the deferral, stating that the draft plan is revived.
	(3)	A notice is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(4)	The proponent of the draft plan of management must also publish the notice in a daily newspaper.
330	Plans of management—notification, presentation, disallowance and date of effect
	(1)	A plan of management approved by the Minister under section 327 is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(2)	Subject to any disallowance under the Legislation Act, chapter 7, the plan of management commences—
	(a)	on the day after the 6th sitting day after the day the plan is presented to the Legislative Assembly under that chapter; or
	(b)	if the plan provides for a later date or time of commencement—on the later date or time.
331	Technical variations
	(1)	A technical variation of a plan of management in relation to an area of public land may be made by—
	(a)	the custodian of land; or
	(b)	the conservator of flora and fauna with the agreement of the custodian.
	(2)	The technical variation is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(3)	Subject to any disallowance under the Legislation Act, chapter 7, the technical variation of the plan of management commences—
	(a)	on the day after the 6th sitting day after the day the technical variation is presented to the Legislative Assembly under that chapter; or
	(b)	if the technical variation provides for a later date or time of commencement—on the later date or time.
	(4)	Not later than 5 working days after the day the technical variation is notified under the Legislation Act, the proponent 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 proponent considers it necessary or helpful—states where the variation and information about the variation is available for inspection.
332	Review of plans of management
	(1)	This section applies if there is a plan of management for an area of public land.
	(2)	The custodian of the land must—
	(a)	review the plan of management at least once every 10 years; and 
	(b)	if satisfied that the plan of management is no longer appropriate for the land—prepare a draft variation of the plan of management for the land (see s 321).

Part 10.5	Custodianship map
333	What is a custodian?
A custodian for an area of land is an administrative unit or other entity with administrative responsibility for land in the ACT that is unleased land, public land or both.
Note	Entity includes an unincorporated body and a person (including a person occupying a position) (see Legislation Act, dict, pt 1).
334	Custodianship map
	(1)	The planning and land authority must create and maintain a map (the custodianship map) that identifies, and reflects who has administrative responsibility for land in the ACT that is unleased land, public land or both.
	(2)	The custodianship map may include anything else the planning and land authority considers appropriate.

Part 10.6	Leases for public land
335	Definitions—pt 10.6
In this part:
defined period, in relation to future public land, means the period of interim effect under part 5.3 of the draft plan variation that designates the land to become public land.
future public land means land designated to become public land in a draft plan variation publicly notified under part 5.3.
336	Leases of public land—generally
The planning and land authority must not, except in accordance with section 337, grant a lease of—
	(a)	public land; or
	(b)	future public land during the defined period.
337	Grant of leases of public land
	(1)	On the written recommendation of the conservator of flora and fauna and the custodian, the planning and land authority may grant a lease of an area, or part of an area, of public land unless the area is reserved under the plan as a wilderness area.
	(2)	On the written recommendation of the conservator of flora and fauna and the custodian, the planning and land authority may, during the defined period, grant a lease of an area, or part of an area, of future public land unless it is proposed in the draft plan variation that designates the land to become public land that the area be reserved as a wilderness area.

Part 10.7	Public land—miscellaneous
338	Miners’ rights in relation to public land
A miner’s right must not be granted in relation to public land.

Chapter 11	Controlled activities
Notes to ch 11
Fees may be determined under s 424 for provisions of this chapter.
If a form is approved under s 425 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).
Part 11.1	Interpretation—ch 11
339	Definitions
In this Act:
complainant—see section 341 (1) (b).
controlled activity means—
	(a)	an activity mentioned in schedule 2; or
	(b)	an activity, including an activity under another Act, prescribed by regulation.
controlled activity order means an order made under part 11.3.

Part 11.2	Complaints about controlled activities
340	Who may complain?
	(1)	Anyone who believes a person is conducting, or has conducted, a controlled activity may complain to the planning and land authority.
Note	A person is not required to make a complaint (see Legislation Act, s 146 (1)).
	(2)	The following are taken to be complaints made under this section:
	(a)	notice of a contravention given under the Building Act 2004, section 50A (Notification by certifier of possible noncompliant site work);
	(b)	a complaint referred to the planning and land authority under the Construction Occupations (Licensing) Act 2004, section 123 (Action after investigating complaint).
341	Form of complaints
	(1)	A complaint must—
	(a)	be in writing; and
	(b)	be signed by the person making the complaint (the complainant); and
	(c)	include the complainant’s name and a contact address; and
	(d)	identify the conduct complained about.
Examples of complaints in writing
1	emailed complaints
2	faxed complaints
3	complaints by mail
Examples of contact addresses
1	email address
2	postal address
3	work address
4	home address
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)	However, the planning and land authority—
	(a)	may accept a complaint for consideration even if it does not comply with subsection (1); and
	(b)	must accept a complaint for consideration even if it does not comply with subsection (1) if the complaint is notice given under the Building Act 2004, section 50A (Notification by certifier of possible noncompliant site work).
	(3)	If the planning and land authority accepts for consideration a complaint that is not in writing, the authority must require the complainant to put the complaint in writing unless there is a good reason for not doing so.
342	Withdrawal of complaints
	(1)	A complainant may withdraw the complaint at any time by written notice to the planning and land authority.
	(2)	If the complainant withdraws the complaint, the planning and land authority—
	(a)	need take no further action on the complaint; but
	(b)	may continue to act on the complaint if the authority considers it appropriate to do so.
	(3)	Also, if the complainant withdraws the complaint, the planning and land authority need not report to the complainant under section 345 on the result of any action in relation to the complaint.
343	Further information about complaints etc
	(1)	The planning and land authority may, at any time, require a complainant to give the authority further information about the complaint.
	(2)	When making a requirement under this section, the planning and land authority must give the complainant a reasonable period of time within which the requirement is to be satisfied and may extend that period.
	(3)	If the complainant does not comply with a requirement made of the complainant under subsection (1), the planning and land authority may, but need not, take further action in relation to the complaint.
	(4)	To remove any doubt, this section also applies to a complaint that is a notice given under the Building Act 2004, section 50A (Notification by certifier of possible noncompliant site work).
344	Investigation of complaints
The planning and land authority must take reasonable steps to investigate each complaint made in accordance with section 341.
345	Action after investigating complaints
	(1)	After investigating a complaint made under this part, the planning and land authority must do 1 or more of the following:
	(a)	if satisfied that no further action is necessary in relation to the complaint—give the complainant notice under subsection (2) and take no further action in relation to the complaint;
Note	For what the authority must consider for par (a), see s 346.
	(b)	if satisfied that the complaint can be more appropriately dealt with by another entity—refer the complaint to the other entity under section 347;
Note	See examples below.
	(c)	if satisfied that the complaint contains evidence that suggests that a disciplinary ground exists in relation to a construction occupations licensee—refer the complaint to the construction occupations registrar;
	(d)	if sufficient grounds exist to give someone an information requirement—give someone an information requirement under section 395;
	(e)	take action under part 11.3 (Controlled activity orders) in relation to the conduct complained about;
	(f)	if grounds exist under a regulation to issue an infringement notice in relation to the conduct complained about—issue an infringement notice in relation to the conduct;
	(g)	if satisfied that it would be appropriate for rectification work to be done—direct a person to carry out rectification work under part 11.4 (Rectification work) in relation to the conduct complained about; 
	(h)	if satisfied that it would be appropriate to give a prohibition notice in relation to the conduct complained about—give a prohibition notice under part 11.5 (Prohibition notices) in relation to the conduct; 
	(i)	if satisfied that there are grounds for issuing an injunction in relation to the conduct complained about—apply to the Supreme Court for an injunction under part 11.6 (Injunctions, terminations and ending leases and licences) in relation to the conduct;
	(j)	take action under part 11.6 to terminate a lease or licence;
	(k)	take any other action the authority considers appropriate.
Examples—par (b)
1	the complaint is about a potential fire hazard and would be better dealt with by the emergency services authority
2	the complaint is about a leasehold that is unclean because leftover chemicals are stored on it and would be better dealt with by the environment protection authority
3	the complaint is about a leasehold that is unclean because a person with a disability cannot make decisions about day-to-day living, and would be better dealt with by the public advocate
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 give the complainant written notice about the action the authority decides to take under subsection (1).
	(3)	To remove any doubt, the planning and land authority may take action under a provision mentioned in subsection (1) (c) to (j) even if—
	(a)	the authority is not acting on a complaint; or
	(b)	the complaint the authority is acting on has been withdrawn.
	(4)	In this section:
construction occupations licensee—
	(a)	means a person who is licensed under the Construction Occupations (Licensing) Act 2004; and
	(b)	in relation to conduct, includes a person who was licensed under that Act when the conduct happened.
disciplinary ground, in relation to a construction occupations licensee—see the Construction Occupations (Licensing) Act 2004, section 54.
rectification work—see section 365.
346	When authority satisfied no further action on complaint necessary
	(1)	In considering whether no further action should be taken in relation to a complaint under section 345, the planning and land authority must consider whether the complaint—
	(a)	lacks substance; or
	(b)	is frivolous, vexatious or was not made honestly; or
	(c)	has been adequately dealt with.
Examples of complaints lacking substance—par (a)
1	the conduct complained about is not a controlled activity
2	the conduct complained about has development approval
3	the conduct complained about did not happen
Note 1	The planning and land authority may also take no further action on a complaint if the complainant has not complied with a requirement made under s 343 (1) (see s 343 (3)).
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)	To remove any doubt, this section also applies to a complaint that is a notice given under the Building Act 2004, section 50A (Notification by certifier of possible noncompliant site work).
347	Referral of complaints under s 345 (1) (b)
The planning and land authority refers a complaint to another entity by giving the other entity—
	(a)	a copy of the complaint or a summary of the information provided in the complaint; and
	(b)	any information relating to the complaint that the authority considers may be helpful to the entity; and
	(c)	a statement about why the authority considers that the entity is more appropriate to deal with the complaint than the authority.
348	Use of information received and discovered
	(1)	This section applies to information in a complaint, or information found during the investigation of a complaint.
	(2)	To remove any doubt, the planning and land authority may use the information in deciding whether to make a controlled activity order, whether on the authority’s own initiative or on application, under part 11.3.

Part 11.3	Controlled activity orders
Division 11.3.1	Controlled activity orders on application
349	Meaning of show cause notice—div 11.3.1
In this division:
show cause notice—see section 350 (3).
350	Applications to authority for controlled activity orders
	(1)	A person may apply to the planning and land authority for a controlled activity order directed to 1 or more of the following:
	(a)	the lessee or occupier of premises where a controlled activity was, is being, or is to be, conducted; 
	(b)	anyone by whom or on whose behalf a controlled activity was, is being, or is to be, conducted.
Note	A person is not required to make an application (see Legislation Act, s 146 (1)).
	(2)	The application must—
	(a)	be in writing signed by the applicant; and
	(b)	state the following:
	(i)	the applicant’s name and a contact address;
	(ii)	a description of the matter about which the controlled activity order is sought;
	(iii)	whether the applicant has complained to the planning and land under part 11.2 about the matter;
	(iv)	the kind of order sought by the applicant;
	(v)	each person to whom the order sought is to be directed;
	(vi)	the premises in relation to which the order is sought;
	(vii)	the grounds on which the order is sought.
	(3)	The planning and land authority must give written notice (the show cause notice) of the application to—
	(a)	each person to whom the controlled activity order sought is to be directed; and
	(b)	if different from the person or people mentioned in paragraph (a)—the lessee or occupier of the premises in relation to which the order is sought.
Note	For how documents may be given, see the Legislation Act, pt 19.5.
	(4)	The show cause notice must—
	(a)	be accompanied by a copy of the application; and
	(b)	contain a statement to the effect that the person to whom it is given may, not later than 10 working days after the day the person is given the notice, give the planning and land authority written reasons explaining why the order should not be made.
	(5)	The show cause notice may also include any other information that the planning and land authority considers appropriate.
	(6)	To remove any doubt, a person is not prevented from applying for a controlled activity order only because the person has made a complaint in relation to the same matter.
351	Decision on application for controlled activity order
	(1)	Before deciding whether to make a controlled activity order on an application under section 350, the planning and land authority must consider any reasons given in accordance with the show cause notice.
	(2)	The planning and land authority may decide—
	(a)	to make a controlled activity order of the kind sought; or
	(b)	to make a controlled activity order (including a different kind of order) that is not more burdensome than the order sought; or
	(c)	not to make a controlled activity order.
Example of less burdensome order—par (b)
A person applies for an order for the demolition of an unapproved structure but the planning and land authority makes an order that a development application be lodged for the structure within a stated period and, if the application is not lodged within that period or is not approved, the structure is to be demolished.
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).
	(3)	A controlled activity order may be directed to 1 or more of the following:
	(a)	the person against whom the order is sought to be directed;
	(b)	if the planning and land authority considers that the order would be more appropriately directed to someone else mentioned in section 350 (3) (b)—that person.
	(4)	The planning and land authority is taken to have refused to make the controlled activity order applied for under section 350 if the authority fails to decide the application before the end of the period prescribed by regulation.
Note	There may be a right of review for a decision under this section (see ch 13 and sch 1).
Division 11.3.2	Controlled activity orders on authority’s initiative
352	Meaning of show cause notice—div 11.3.2
In this division:
show cause notice—see section 353 (2).
353	Controlled activity orders on authority’s own initiative
	(1)	This section applies if the planning and land authority proposes, on the authority’s own initiative (whether because of a complaint under part 11.2 or otherwise), to make a controlled activity order directed to 1 or more of the following:
	(a)	the lessee or occupier of premises where a controlled activity was, is being, or is to be, conducted; 
	(b)	anyone by whom or on whose behalf a controlled activity was, is being, or is to be, conducted.
	(2)	The planning and land authority must give written notice (the show cause notice) of the authority’s intention to make a controlled activity order to—
	(a)	each person to whom the order is to be directed; and
	(b)	if different from the person or people mentioned in paragraph (a)—the lessee or occupier of the premises in relation to which the order is to apply.
Note	For how documents may be given, see the Legislation Act, pt 19.5.
	(3)	The show cause notice must—
	(a)	describe the controlled activity to which the notice relates; and
	(b)	state each person to whom a controlled activity order in relation to the activity would be directed.
	(4)	Also, the show cause notice—
	(a)	must contain a statement to the effect that the person to whom it is given may, not later than 10 working days after the day the person is given the notice, give the planning and land authority written reasons explaining why the controlled activity order should not be made; and
	(b)	may include any other information that the authority considers appropriate.
354	Inaction after show cause notice
	(1)	This section applies if—
	(a)	the planning and land authority has given a show cause notice under this division; and
	(b)	the authority has not made a decision under section 355 in relation to the controlled activity order mentioned in the notice within the time prescribed by regulation.
	(2)	The planning and land authority is taken to have decided not to make the controlled activity order.
	(3)	Also, the planning and land authority must not make the controlled activity order unless the authority gives a further show cause notice in relation to the order.
355	Decision on proposed controlled activity order on authority’s own initiative
	(1)	Before deciding whether to make a controlled activity order mentioned in a show cause notice, the planning and land authority must consider any reasons given in accordance with the show cause notice.
	(2)	The planning and land authority may decide—
	(a)	to make a controlled activity order in relation to a controlled activity mentioned in the show cause notice; or 
	(b)	not to make the controlled activity order mentioned in the show cause notice.
	(3)	A controlled activity order may be directed to 1 or more of the following:
	(a)	the person against whom the order mentioned in the show cause notice is directed;
	(b)	if the planning and land authority considers that the order would be more appropriately directed to someone else mentioned in section 353 (2) (b)—that person.
Division 11.3.3	Ongoing controlled activity orders
356	What is an ongoing controlled activity order?
An ongoing controlled activity order is a controlled activity order that—
	(a)	remains in force for a stated period of 2 or more years, but not longer than 5 years; and
	(b)	cannot be revoked on application by the person to whom the order is directed.
357	When can an ongoing controlled activity order be made?
	(1)	The planning and land authority may make an ongoing controlled activity order under division 11.3.1 (Controlled activity orders on application) or division 11.3.2 (Controlled activity orders on authority’s initiative).
	(2)	However, the planning and land authority must not make an ongoing controlled activity order unless—
	(a)	the controlled activity to which the order relates is failing to keep a leasehold clean; and
	(b)	the order is directed to a named person; and
	(c)	each person to whom the order is directed has contravened 2 or more controlled activity orders relating to failing to keep a leasehold clean in relation to the leasehold for which the ongoing controlled activity order is proposed to be made; and
	(d)	at least 2 of the contraventions by each person happened in the period of 5 years ending on the day the ongoing controlled activity order is made.
Example of order not against named person
an order directed to the occupier of the premises at 123 Happy Street
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).
Division 11.3.4	Provisions applying to all controlled activity orders
358	Content of controlled activity orders
	(1)	A controlled activity order must state—
	(a)	that it is a controlled activity order under this Act made by the planning and land authority; and
	(b)	each person to whom the order is directed; and
	(c)	the terms of the order and the premises in relation to which the order applies; and
	(d)	the grounds on which the order is made; and
	(e)	when the order takes effect; and
	(f)	for an order other than an ongoing controlled activity order—if appropriate—
	(i)	the period for compliance with the order; and
	(ii)	when the order ends (including, for example, on the happening of an event stated in the order); and
	(g)	for an ongoing controlled activity order—
	(i)	when the order ends; and
	(ii)	that the order cannot be revoked on application.
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 controlled activity order must also contain a statement to the effect that the order operates until it is revoked or ends in accordance with the order.
	(3)	A controlled activity order may direct anyone to whom it is directed to do 1 or more of the following:
	(a)	not to begin a development without development approval;
	(b)	not to carry out a development without development approval;
	(c)	not to undertake a controlled activity other than a development;
	(d)	to comply with the terms of a development approval to undertake a development;
	(e)	to carry out a development in accordance with a condition under the development approval that approved the development;
	(f)	to demolish a building or structure, or a part of a building or structure, that has been constructed without development approval or permission required under a territory law;
	(g)	to demolish a building or structure, or a part of a building or structure, that encroaches onto, over or under unleased territory land without approval granted under a territory law;
	(h)	to restore any land, building or structure that has been altered without development approval or permission required under a territory law;
	(i)	to replace with an identical building or structure any building or structure that has been demolished without development approval or permission required under a territory law;
	(j)	to apply for development approval for a building or structure, or part of a building or structure, that has been constructed without development approval;
	(k)	to clean up a leasehold and keep it clean;
	(l)	if the person to whom the order is directed is bound by a land management agreement—to comply with the land management agreement.
359	Notice of making of controlled activity orders
	(1)	If the planning and land authority makes a controlled activity order, the authority must give notice of the making of the order to the following:
	(a)	each person to whom the order is directed;
	(b)	the applicant (if any) for the order;
	(c)	the lessee or occupier of the premises in relation to which the order applies; 
	(d)	the registrar-general;
	(e)	if the order relates to the pruning of a protected tree—the conservator of flora and fauna;
Note	For restrictions on pruning etc of protected trees, see the Tree Protection Act 2005.
	(f)	anyone else whose interests the authority believes are adversely affected by the order.
Note	For how documents may be given, see the Legislation Act, pt 19.5.
	(2)	To remove any doubt, if a person is given a notice under section 408 in relation to the making of a controlled activity order, the person need not be given a separate notice under this section in relation to the making of the order.
	(3)	In this section:
protected tree—see the Tree Protection Act 2005, section 8.
360	Who is bound by a controlled activity order?
	(1)	A controlled activity order binds each person to whom it is directed.
	(2)	If a controlled activity order binds the lessee of the premises to which the order applies, unless the order otherwise provides, the order also binds anyone who becomes the lessee of the premises after the order is made to the same extent as if the order had been directed to that person.
	(3)	If a controlled activity order binds the occupier of the premises to which the order applies, unless the order otherwise provides, the order also binds anyone who becomes an occupier of the premises after the order is made to the same extent as if the order had been directed to that person.
361	Contravening controlled activity orders
	(1)	A person commits an offence if—
	(a)	the planning and land authority makes a controlled activity order directed to the person; and
	(b)	the order requires the person to do, or not do, something stated in the order; and
	(c)	the person is given notice of the making of the order (whether by being given a copy of the order or otherwise); and
	(d)	the person contravenes the order.
Maximum penalty:  the amount stated in schedule 2, column 3 in relation to the activity for which the order was made.
Note	A territory authority is not liable to be prosecuted for an offence against this section (see Legislation Act, s 121).
	(2)	An offence against this section is a strict liability offence.
362	Notice of appeal against controlled activity orders
	(1)	This section applies if—
	(a)	a person complains about conduct under part 11.2; and
	(b)	because of the complaint, or investigations arising from the complaint, the authority makes a controlled activity order directed to a person (the directed person); and
	(c)	the directed person appeals to the AAT for review of the decision to make the order.
	(2)	The planning and land authority must tell the complainant in writing about the appeal.
363	Ending controlled activity orders
	(1)	A controlled activity order operates until it is revoked or ends in accordance with the order.
	(2)	A person who is bound by a controlled activity order other than an ongoing controlled activity order may, in writing, apply to the planning and land authority for the revocation of the order.
	(3)	The application must state the grounds on which the revocation of the controlled activity order is sought.
	(4)	The planning and land authority may revoke the controlled activity order if satisfied, on reasonable grounds, that the order is no longer necessary or appropriate.
364	Notice ending controlled activity orders
	(1)	If a controlled activity order ends otherwise than by being revoked, the planning and land authority must give written notice of the ending of the order to the registrar-general.
	(2)	If the planning and land authority revokes a controlled activity order, the authority must give written notice of the revocation to each person given notice of the making of the order under section 359 (1).

Part 11.4	Rectification work
    
Note to pt 11.4
An authorised person, and anyone assisting the authorised person, must take reasonable steps to minimise damage when exercising a function under this chapter (see s 413).  The Territory may be liable to pay compensation for any damage caused (see s 414).
365	Definitions—pt 11.4
In this part:
authorised person—see section 368 (1).
rectification work—
	(a)	means—
	(i)	work in relation to premises where a controlled activity is being conducted to ensure compliance with the development approval for the activity; or
	(ii)	the conduct of an activity required under a controlled activity order that was not carried out within the period stated in the order; and
	(b)	in relation to an authorised person—means the rectification work the authorised person is authorised to carry out.
366	Direction to carry out rectification work
	(1)	The planning and land authority may direct 1 or more of the following to carry out rectification work in relation to a controlled activity:
	(a)	the lessee or occupier of premises where the activity was or is being conducted; 
	(b)	anyone by whom or on whose behalf the activity was or is being conducted.
	(2)	The planning and land authority must give notice of the direction to—
	(a)	the person who is required to comply with the direction; and
	(b)	if different from the person mentioned in paragraph (a)—the lessee or occupier of the premises to which the direction applies.
Note	For how documents may be given, see the Legislation Act, pt 19.5.
	(3)	The notice must state—
	(a)	that it is a direction under this Act made by the planning and land authority; and
	(b)	the person who is required to comply with the direction; and
	(c)	the premises in relation to which the direction applies; and
	(d)	the rectification work required; and
	(e)	the grounds on which the direction is given; and
	(f)	that the rectification work must be completed not later than 5 working days after the day the notice is given to the person or any longer period stated in the notice.
	(4)	The notice must also contain a statement to the effect that, if the rectification work is not completed by the end of the period required by the notice—
	(a)	the planning and land authority may authorise someone else to carry out the work; and
	(b)	the reasonable cost of carrying out the work is a debt to the Territory by the person who is required to comply with the direction.
	(5)	This section applies whether or not a proceeding for an offence against this chapter has been begun or is about to begin.
367	Contravening direction to carry out rectification work
	(1)	A person commits an offence if—
	(a)	the planning and land authority directs the person to carry out rectification work in relation to a controlled activity; and
	(b)	the person is given notice of the direction; and
	(c)	the person contravenes the direction.
Maximum penalty:  60 penalty units.
Note	A territory authority is not liable to be prosecuted for an offence against this section (see Legislation Act, s 121).
	(2)	An offence against this section is a strict liability offence.
368	Authorisation to carry out rectification work
	(1)	The planning and land authority may authorise a person (an authorised person) to enter the premises to which a direction under section 366 (Direction to carry out rectification work) applies to carry out the rectification work required by the notice under that section if the work is not completed by the end of the period stated in the notice.
	(2)	However, the planning and land authority must not give the authorisation—
	(a)	until the end of the period for making an application to the AAT for the review of the decision to make the order to which the rectification work relates; or 
	(b)	if an application is made to the AAT for review of the decision to make the order to which the rectification work relates—unless the decision is upheld or the application is withdrawn.
369	Obligation and powers of authorised people
	(1)	An authorised person must carry out rectification work in accordance with the directions of an inspector.
	(2)	The authorised person may do anything required to carry out the rectification work including, for example, the following:
	(a)	construction work;
	(b)	alteration;
	(c)	demolition;
	(d)	remove earth, fixtures and construction material; 
	(e)	remove anything else, like car bodies, vegetation and machinery, that has to be removed to clean up a leasehold.
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).
	(3)	Anything removed from premises to carry out rectification work—
	(a)	is not required to be returned; and
	(b)	may be disposed of.
370	Rectification work by authorised people
	(1)	An authorised person may enter premises where rectification work is to be carried out—
	(a)	during business hours with the consent of an occupier; or
	(b)	in accordance with a rectification work order.
Note	An occupier may consent on being asked for consent by an inspector, or after being given an intention to enter notice under s 391B.
	(2)	An authorised person who enters premises may remain at, and re‑enter, the premises to carry out the rectification work during business hours, or at another time authorised by a rectification work order, whether or not the inspector remains at the premises.
Note 1	Business hours—see the dictionary.
Note 2	If entry is made under a rectification work order, see s 402G for re-entry to the premises.
	(3)	However—
	(a)	an authorised person must not enter premises for the first time unless accompanied by an inspector; and
	(b)	if the authorised person enters or re-enters the premises with consent under subsection (1) (a), the person must leave the premises if an occupier withdraws consent to the person being on the premises.
371	Liability for cost of rectification work
The person who is required to comply with a direction under section 366 (Direction to carry out rectification work) must pay to the Territory the reasonable cost of any rectification work carried out by an authorised person to which the direction related.
Note	An amount owing under a law may be recovered as a debt in a court of competent jurisdiction (see Legislation Act, s 177).
372	Criteria for deferral of rectification work costs
	(1)	The planning and land authority may, in writing, determine circumstances when the payment of all or part of the cost of rectification work carried out by an authorised person on a lessee’s leasehold may be deferred by the lessee.
	(2)	A determination is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
373	Application for deferral of rectification work costs
	(1)	A lessee who is required to pay the cost of rectification work carried out on the lessee’s leasehold may, in writing, apply to the planning and land authority for the deferment of payment of all or part of the cost of the rectification work.
	(2)	The application must state the grounds for the application.
374	Deferral of rectification work costs
	(1)	The planning and land authority may, in writing, declare that all or part of the cost of rectification work payable by a lessee is deferred if satisfied that a circumstance determined under section 372 (1) exists in relation to the lessee.
Note	Interest is payable on the deferred amount, see s 375.
	(2)	The planning and land authority may make a declaration under subsection (1) on its own initiative or on application under section 373.
	(3)	The declaration must state—
	(a)	the leasehold to which the declaration relates; and
	(b)	the amount of the cost of the rectification work deferred.
375	Security for deferred rectification work costs
	(1)	The planning and land authority must—
	(a)	lodge a copy of a declaration under section 374 with the registrar-general for registration under the Land Titles Act 1925; and
	(b)	give a copy of the declaration to the lessee of the leasehold to which the declaration relates and anyone else who has an interest in the leasehold.
	(2)	For the Land Titles Act 1925, section 104 (1) (Lodging of caveat), the Territory is taken to be a person claiming an interest in the leasehold to which the declaration relates.
	(3)	The registration under the Land Titles Act 1925 of the copy of a declaration under section 374 creates a charge over the leasehold to which the declaration relates for—
	(a)	the amount stated in the declaration; and 
	(b)	interest on the amount calculated on a daily basis at the interest rate applying from time to time under the Taxation Administration Act 1999, section 26 (Interest rate).
376	Payment of deferred rectification work costs
	(1)	If the full amount of the charge mentioned in section 375 (3) is paid to the Territory, the planning and land authority must—
	(a)	revoke the declaration to which the charge relates; and
	(b)	lodge a copy of the revocation with the registrar-general for registration under the Land Titles Act 1925; and
	(c)	give a copy of the revocation to the lessee of the charged leasehold and anyone else who has an interest in the leasehold.
	(2)	The charge is discharged on the registration under the Land Titles Act 1925 of the copy of the revocation of the declaration.
	(3)	The lessees of a charged leasehold are liable separately and together for the payment to the Territory of the full amount of the charge.
	(4)	A registered charge under this section does not give a power of sale over the leasehold to which it relates.
376A	Protection of authorised people from liability
	(1)	An authorised person does not incur civil liability for rectification work carried out in accordance with the directions of an inspector.
	(2)	A civil liability that would, apart from this section, attach to the authorised person attaches instead to the Territory.

Part 11.5	Prohibition notices
377	Giving prohibition notices
	(1)	This section applies if the planning and land authority believes, on reasonable grounds, that the giving of a notice under this section (a prohibition notice) is necessary—
	(a)	to prevent an entity starting, or continuing, to undertake prohibited development; or
	(b)	to prevent an entity from continuing to undertake development if—
	(i)	the entity has started to undertake the development; and
	(ii)	the development requires development approval; and
	(iii)	there is no development approval for the development; or
	(c)	to prevent an entity from continuing to undertake development other than in accordance with the conditions of a development approval if—
	(i)	the entity has started to undertake a development; and
	(ii)	there is development approval for the development; and
	(iii)	the development undertaken is not in accordance with the conditions of the development approval.
	(2)	Also, this section applies to an activity under subsection (1) whether or not—
	(a)	a controlled activity order has been made, or is proposed to be made, in relation to the activity; or
	(b)	a proceeding for an offence against this chapter in relation to the activity has begun or is about to begin.
	(3)	The planning and land authority may give a prohibition notice to 1 or both of the following:
	(a)	the lessee or occupier of premises to which the activity mentioned in subsection (1) relates;
	(b)	an entity by which or on behalf of which the activity—
	(i)	was, is being, or is to be, conducted; or
	(ii)	is likely to be conducted.
Note	For how documents may be given, see the Legislation Act, pt 19.5.
	(4)	The prohibition notice must state—
	(a)	that it is a prohibition notice under this Act; and
	(b)	each entity to which it is directed; and
	(c)	that the notice takes effect when it is given to an entity to which it is directed; and
	(d)	the grounds on which the notice is given; and 
	(e)	the activity, and the premises, in relation to which the notice applies; and
	(f)	that the activity—
	(i)	must not be carried on by the entity; or
	(ii)	must not be carried on by the entity except in accordance with the notice; and
	(g)	when the notice ends (including, for example, on the happening of an event stated in the notice).
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)	A prohibition notice takes effect when it is given to an entity to which it is directed.
	(6)	To remove any doubt, 2 or more prohibition notices may be given in relation to the same activity.
378	Contravening prohibition notices
	(1)	A person commits an offence if—
	(a)	the planning and land authority gives a prohibition notice to the person; and
	(b)	the notice is directed to the person; and
	(c)	the notice states that an activity must not be carried on by the person in relation to premises; and
	(d)	the person carries on the activity in relation to the premises.
Maximum penalty:  60 penalty units.
Note	A territory authority is not liable to be prosecuted for an offence against this section (see Legislation Act, s 121).
	(2)	A person commits an offence if—
	(a)	the planning and land authority gives a prohibition notice to the person; and
	(b)	the notice is directed to the person; and
	(c)	the notice states that an activity must not be carried on by the person in relation to premises except in accordance with the notice; and
	(d)	the person carries on the activity in relation to the premises otherwise than in accordance with the notice.
Maximum penalty:  60 penalty units.
	(3)	An offence against this section is a strict liability offence.
379	Ending prohibition notices
	(1)	A prohibition notice remains in force until it ends in accordance with this section.
	(2)	A prohibition notice ends on the earlier of the following:
	(a)	the notice ends in accordance with the notice;
	(b)	the notice is revoked.
380	Application for revocation of prohibition notices
	(1)	A person to whom a prohibition notice is directed may, in writing, apply to the planning and land authority for the revocation of the notice.
	(2)	The application must state the grounds on which the revocation of the prohibition notice is sought.
	(3)	The planning and land authority may revoke the prohibition notice if satisfied, on reasonable grounds, that the notice is no longer necessary or appropriate.

Part 11.6	Injunctions, terminations and ending leases and licences
381	Injunctions to restrain contravention of controlled activity orders and prohibition notices
	(1)	This section applies if a person (the relevant person) has engaged, is engaging, or proposes to engage, in conduct that was, is, or would be, a contravention of a controlled activity order or prohibition notice.
	(2)	The planning and land authority or anyone else may apply to the Supreme Court for an injunction.
	(3)	On application under subsection (2), the Supreme Court may grant an injunction—
	(a)	restraining the relevant person from engaging in the conduct; and
	(b)	if satisfied that it is desirable to do so—requiring the relevant person to do anything.
	(4)	The Supreme Court may grant an injunction restraining a relevant person from engaging in conduct of a particular kind—
	(a)	if satisfied that the person has engaged in conduct of that kind, whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; or
	(b)	if it appears to the court that, if an injunction is not granted, it is likely the person will engage in conduct of that kind, whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to someone else if the person engages in conduct of that kind.
	(5)	This section applies whether or not a proceeding for an offence against this chapter has begun or is about to begin.
382	Termination of leases
	(1)	This section applies if—
	(a)	a lessee contravenes this chapter or the lease; and
	(b)	the planning and land authority has complied with section 384 in relation to the lessee.
	(2)	The planning and land authority may, by written notice (a termination notice) given to the lessee, terminate the lease.
Note	For how documents may be given, see the Legislation Act, pt 19.5.
	(3)	A termination notice takes effect 10 working days after the day the notice is given.
	(4)	At the same time as, or as soon as practicable after, the termination notice is given to the lessee, the planning and land authority must give a copy of the termination notice to—
	(a)	the registrar-general; and
	(b)	any person having an interest in the land comprised in the lease that is registered under the Land Titles Act 1925.
	(5)	The validity of the termination of a lease is not affected by a failure to comply with subsection (4).
383	Termination of licences
	(1)	This section applies if—
	(a)	a person who occupies territory land under a licence from the Commonwealth or the Territory contravenes this chapter or the licence; and
	(b)	the planning and land authority has complied with section 384 in relation to the licensee.
	(2)	The planning and land authority may, by written notice given to the licensee, terminate the licence.
	(3)	A notice under subsection (2) takes effect 5 working days after the day the notice is served.
384	Notice of termination
The planning and land authority must not terminate a lease or a licence under this part unless it has—
	(a)	by written notice given to the lessee or licensee—
	(i)	informed the lessee or licensee that it is considering terminating the lease or licence; and
	(ii)	stated the grounds on which it is considering taking that action; and
	(iii)	invited the lessee or licensee to tell the authority in writing not later than 15 working days after the day the lessee or licensee receives the notice why the lessee or licensee considers that the lease or licence should not be terminated; and
	(b)	for the termination of a lease—given a copy of the notice under paragraph (a) to each person with a registered interest in the lease; and
	(c)	taken into account any reasons for not terminating the lease or licence given to the authority by the lessee or licensee in accordance with the notice served on the lessee or licensee under paragraph (a).

Part 11.7	Controlled activities—miscellaneous
385	Victimisation etc
	(1)	A person (the first person) commits an offence if the first person causes or threatens to cause a detriment to someone else (the other person) because—
	(a)	the other person has made—
	(i)	a complaint under part 11.2; or
	(ii)	an application for a controlled activity order under part 11.3; or
	(b)	the first person believes that the other person intends to do something mentioned in paragraph (a).
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
	(2)	A person commits an offence if the person threatens or intimidates someone else with the intention of causing the other person—
	(a)	not to make—
	(i)	a complaint under part 11.2; or
	(ii)	an application under part 11.3; or
	(b)	to withdraw a complaint made under part 11.2.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

Chapter 12	Enforcement
Notes to ch 12
Fees may be determined under s 424 for provisions of this chapter.
If a form is approved under s 425 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).
Part 12.1	General
386	Definitions—ch 12
In this chapter:
connected—a thing is connected with an offence if—
	(a)	the offence has been committed in relation to it; or
	(b)	it will provide evidence of the commission of the offence; or
	(c)	it was used, is being used, or is intended to be used, to commit the offence.
occupier, of premises, includes—
	(a)	a person believed, on reasonable grounds, to be an occupier of the premises; and
	(b)	a person apparently in charge of the premises.
offence includes an offence that there are reasonable grounds for believing has been, is being, or will be, committed. 
premises includes land.

Part 12.2	Inspectors
387	Appointment of inspectors
The planning and land authority may appoint a public servant as an inspector for this Act.
Note 1	For the making of appointments (including acting appointments), see the Legislation Act, div 19.3. 
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
388	Identity cards
	(1)	The planning and land authority must give a person appointed as an inspector an identity card stating the person’s name and that the person is an inspector.
	(2)	The identity card must show—
	(a)	a recent photograph of the person; and
	(b)	the card’s date of issue and expiry; and
	(c)	anything else prescribed by regulation.
	(3)	A person commits an offence if—
	(a)	the person stops being an inspector; and
	(b)	the person does not return the person’s identity card to the planning and land authority as soon as practicable, but no later than 5 working days after the day the person stops being an inspector.
Maximum penalty:  1 penalty unit.
	(4)	An offence against this section is a strict liability offence.

Part 12.3	Powers of inspectors
Note to pt 12.3
An inspector, and anyone assisting the inspector, must take reasonable steps to minimise damage when exercising a function under this chapter (see s 413).  The Territory may be liable to pay compensation for any damage caused (see s 414).
389	Power to enter premises
	(1)	For this Act, an inspector may—
	(a)	at any reasonable time, enter premises that the public is entitled to use or that are open to the public (whether or not on payment); or
	(b)	for entry without an authorised person—at any time, enter premises with the occupier’s consent; or
	(c)	for entry with an authorised person—enter the premises during business hours with the occupier’s consent; or
Note	An occupier may consent on being asked for consent by an inspector, or after being given an intention to enter notice under s 391B.
	(d)	enter premises with an authorised person in accordance with a rectification work order; or
	(e)	enter premises in accordance with a search warrant or monitoring warrant.
	(2)	However, subsection (1) (a) does not authorise entry into a part of premises that is being used only for residential purposes.
	(3)	An inspector may, without the consent of the occupier of premises, enter land around the premises to—
	(a)	ask for consent to enter the premises; or
	(b)	give notice under section 391B.
	(4)	To remove any doubt—
	(a)	an inspector may enter premises under subsection (1) without payment of an entry fee or other charge; and
	(b)	for subsection (3), it does not matter whether someone is on the premises or not when the inspector enters.
390	Production of identity card
An inspector must not remain at premises entered under this part if the inspector does not produce his or her identity card when asked by the occupier.
391	Consent to entry without authorised person
	(1)	When seeking the consent of an occupier of premises to enter premises under section 389 (1) (b), an inspector must—
	(a)	produce his or her identity card; and
	(b)	tell the occupier—
	(i)	the purpose of the entry; and
	(ii)	that the occupier may refuse consent to enter the premises; and
	(iii)	that the occupier may withdraw consent to remain at the premises.
	(2)	If the occupier consents, the inspector must ask the occupier to sign a written acknowledgment (an acknowledgment of consent)—
	(a)	that the occupier was told—
	(i)	the purpose of the entry; and
	(ii)	that the occupier may refuse consent to enter the premises; and
	(iii)	that the occupier may withdraw consent to remain at the premises; and
	(b)	that the occupier consented to the entry; and
	(c)	stating the time and date when consent was given.
	(3)	If the occupier signs an acknowledgment of consent, the inspector must immediately give a copy to the occupier.
	(4)	A court must find that the occupier did not consent to the inspector entering or remaining at the premises under this part if—
	(a)	the question arises in a proceeding in the court whether the occupier consented; and
	(b)	an acknowledgment of consent is not produced in evidence; and
	(c)	it is not proved that the occupier consented.
391A	Consent to entry with authorised person
	(1)	This section applies to an inspector seeking the consent of an occupier to enter premises under section 389 (1) (c).
Note	The inspector may, without consent, enter land around the premises to ask for consent to enter the premises (see s 389 (3)).
	(2)	The inspector must, during business hours—
Note	Business hours—see the dictionary.
	(a)	produce his or her identity card; and
	(b)	tell the occupier that—
	(i)	the planning and land authority gave a direction for rectification work to be done at the premises; and
	(ii)	notice of the direction was given under section 366; and
	(iii)	the rectification work has not been carried out in accordance with the notice; and
	(iv)	a person has been authorised to carry out the rectification work; and
	(v)	entry is sought to allow the authorised person to carry out the rectification work; and
	(vi)	the authorised person is accompanying the inspector; and
	(vii)	the inspector may, but need not, remain at the premises to give directions to the authorised person; and
	(viii)	the authorised person may return during business hours as required to complete the work; and
	(ix)	the occupier may refuse consent to enter the premises; and
	(x)	the occupier may withdraw consent to remain at the premises.
	(3)	If the occupier consents, the inspector must ask the occupier to sign a written acknowledgment (an acknowledgment of consent)—
	(a)	that the occupier was told that—
	(i)	the planning and land authority gave a direction for rectification work to be done at the premises; and
	(ii)	notice of the direction was given under section 366; and
	(iii)	the rectification work has not been carried out in accordance with the notice; and
	(iv)	a person has been authorised to carry out the rectification work; and
	(v)	entry is sought to allow the authorised person to carry out the rectification work; and
	(vi)	the authorised person is accompanying the inspector; and
	(vii)	the inspector may, but need not, remain at the premises to give directions to the authorised person; and
	(viii)	the authorised person may return during business hours as required to complete the work; and
	(ix)	the occupier may refuse consent to enter the premises; and
	(x)	the occupier may withdraw consent to remain at the premises; and
	(b)	that the occupier consented to the entry; and
	(c)	stating the time and date when consent was given.
	(4)	If the occupier signs an acknowledgment of consent, the inspector must immediately give a copy to the occupier.
	(5)	A court must find that the occupier did not consent to the inspector entering or remaining at the premises under this part if—
	(a)	the question arises in a proceeding in the court whether the occupier consented; and
	(b)	an acknowledgment of consent is not produced in evidence; and
	(c)	it is not proved that the occupier consented.
391B	Entry on notice for rectification work and monitoring
	(1)	This section applies to an inspector proposing to enter premises—
	(a)	under section 389 (1) (b) to check whether a controlled activity has happened, or is happening, in relation to the premises; or
	(b)	under section 389 (1) (b) to check whether 1 or more of the following in relation to the premises is being complied with:
	(i)	a controlled activity order;
	(ii)	a direction under section 366 to carry out rectification work;
	(iii)	a prohibition notice;
	(iv)	an injunction; or
	(c)	with an authorised person under section 389 (1) (c).
	(2)	The inspector may give an occupier of the premises written notice (an intention to enter notice) of the inspector’s intention to enter the premises.
	(3)	An intention to enter notice—
	(a)	must be given to the occupier at least 2 working days before the proposed entry; and
	(b)	may be given to the occupier without first asking for the occupier’s consent to enter the premises.
	(4)	An intention to enter notice, for a proposed entry mentioned in subsection (1) (a) or (b), must state—
	(a)	the reason for the proposed entry; and
	(b)	when the inspector proposes to enter the premises; and
	(c)	that the occupier may refuse consent for the inspector or authorised person to enter the premises; and
	(d)	that the occupier may withdraw consent for the inspector or authorised person to remain at the premises.
	(5)	An intention to enter notice, for a proposed entry mentioned in subsection (1) (c), must state—
	(a)	that—
	(i)	the planning and land authority gave a direction for rectification work to be done at the premises; and
	(ii)	notice of the direction was given under section 366; and
	(iii)	the rectification work has not been carried out in accordance with the notice; and
	(iv)	a person has been authorised to carry out the rectification work; and
	(v)	the inspector proposes to enter the premises with an authorised person to allow the authorised person to carry out the rectification work; and
	(vi)	the inspector may, but need not, remain at the premises to give directions to the authorised person; and
	(vii)	the occupier may refuse consent for the inspector or authorised person to enter the premises; and
	(viii)	the occupier may withdraw consent for the inspector or authorised person to remain at the premises; and
	(b)	when, during business hours, the work is proposed to be carried out.
Note	Business hours—see the dictionary.
	(6)	Before entering the premises in accordance with the intention to enter notice, the inspector must—
	(a)	tell the occupier that—
	(i)	the inspector proposes to enter the premises with an authorised person to allow the authorised person to carry out the rectification work to which the notice relates; or
	(ii)	the inspector proposes to enter the premises to check whether a controlled activity has happened, or is happening; or
	(iii)	the inspector intends to enter the premises to check compliance in accordance with the notice; and
	(b)	tell the occupier that, if the occupier does not consent to the inspector or authorised person entering, or remaining at, the premises, an application may be made to a court for a rectification work order or a monitoring warrant; and
	(c)	give the occupier a copy of the notice.
	(7)	If an inspector gives the occupier an intention to enter notice, the inspector must ask the occupier to sign a written acknowledgment that the occupier was told that—
	(a)	the inspector—
	(i)	proposes to enter the premises with an authorised person to allow the authorised person to carry out the rectification work to which the notice relates; or
	(ii)	proposes to enter the premises to check whether a controlled activity has happened, or is happening; or
	(iii)	intends to enter the premises to check compliance in accordance with the notice; and
	(b)	if the occupier does not consent to the inspector or authorised person entering, or remaining at, the premises, an application may be made to a court for a rectification work order or a monitoring warrant.
	(8)	If the occupier signs an acknowledgment under subsection (7), the inspector must immediately give a copy to the occupier.
392	General powers on entry to premises
	(1)	An inspector who enters premises under this chapter may, for this Act, do 1 or more of the following in relation to the premises, or anything at the premises:
	(a)	inspect or examine;
	(b)	take measurements or conduct tests;
	(c)	take photographs, films, or audio, video or other recordings, or make sketches;
	(d)	ask the occupier, or anyone at the premises—
	(i)	to give the inspector information; or 
	(ii)	to produce documents to the inspector; or
	(iii)	to give the inspector reasonable help to exercise a power under this chapter.
Note 1	An inspector who enters premises under a search warrant may also exercise power under s 392B, s 392C and s 392D.  An inspector who enters premises under a monitoring warrant may also exercise powers under s 392B and s 392D.  See also s (3) in relation to the exercise of power under warrants.
Note 2	The Legislation Act, s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.
	(2)	However, an inspector must not exercise a power under subsection (1) unless the inspector believes on reasonable grounds that the exercise relates to 1 or more of the following:
	(a)	a controlled activity or possible controlled activity;
	(b)	a prohibition notice;
	(c)	a direction under section 366 to carry out rectification work;
	(d)	an injunction under section 381;
	(e)	an offence or possible offence, or a thing or activity connected with an offence or possible offence, against this Act.
	(3)	However, if the inspector enters the premises under a search warrant or monitoring warrant, the inspector may only exercise a power under subsection (1) in relation to a matter mentioned in subsection (2) if the warrant relates to the matter.
	(4)	This section does not apply to an inspector who enters premises under section 389 (1) (c) or (d).
Note	An inspector who enters premises under s 389 (1) (c) or (d) has power under s 392A.
392A	Power on entry for rectification work
An inspector who enters premises under section 389 (1) (c) or (d) may, for this Act, give directions to the authorised person carrying out rectification work about how the work is to be carried out.
392B	Power to require help on entry under warrant
	(1)	An inspector who enters premises under a search warrant or monitoring warrant may require the occupier, or anyone at the premises, to give the inspector reasonable help to exercise a power under this chapter.
Note	For other powers of inspectors under warrants, see s 389, s 392C, s 392D, pt 12.5A and pt 12.5B.
	(2)	A person commits an offence if the person fails to take all reasonable steps to comply with a requirement made of the person under subsection (1).
Maximum penalty: 50 penalty units.
	(3)	An offence against subsection (2) is a strict liability offence.
392C	Power to take samples on entry under warrant
	(1)	An inspector who enters premises under a search warrant or monitoring warrant may take samples of anything the inspector believes on reasonable grounds is connected with the matter to which the warrant relates.
Note	For other powers of inspectors under warrants, see s 389, s 392B, s 392D, pt 12.5A and pt 12.5B.
	(2)	The inspector must—
	(a)	ensure that the sample allows paragraph (c) to be complied with; and
	(b)	give a receipt for the sample to the occupier of the place from where the sample was taken; and
	(c)	divide the sample into 2 parts as nearly as practicable identical in size and composition to each other and each suitable for the purpose of analysis; and
	(d)	place each part in a separate container and seal the containers; and
	(e)	attach to each container a label that is signed by the inspector and states the date and time when, and the place where, the sample was taken; and 
	(f)	give 1 of the containers to the occupier.
392D	Power to seize things on entry under search warrant
An inspector who enters premises under a search warrant may seize anything at the premises that the inspector is authorised to seize under the warrant.
Note	For other powers of inspectors under warrants, see s 389, s 392B, s 392C, pt 12.5A and pt 12.5B.
393	Power to require name and address
	(1)	An inspector may require a person to state the person’s name and home address if the inspector believes, on reasonable grounds, that the person is committing or has just committed an offence against this Act.
Note	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).
	(2)	The inspector must tell the person the reason for the requirement and, as soon as practicable, record the reason.
	(3)	The person may ask the inspector to produce his or her identity card for inspection by the person.
	(4)	A person must comply with a requirement made of the person under subsection (1) if the inspector—
	(a)	tells the person the reason for the requirement; and
	(b)	complies with any request made by the person under subsection (3).
Maximum penalty:  10 penalty units.
	(5)	An offence against this section is a strict liability offence.
	(6)	In this section:
home address, of a person, means the address of the place where the person usually lives.

Part 12.4	Information requirements
395	Information requirements
	(1)	This section applies if the planning and land authority suspects on reasonable grounds that a person—
	(a)	has knowledge of information (the required information) reasonably required by the authority for the administration or enforcement of this Act; or
	(b)	has possession or control of a document containing the required information.
	(2)	The planning and land authority may give the person a notice (an information requirement) requiring the person to give the information, or produce the document, to the authority.
	(3)	The information requirement must be in writing and must include details of the following:
	(a)	the identity of the person to whom it is given; 
	(b)	why the information is required; 
	(c)	the time by which the notice must be complied with; 
	(d)	the operation of section 397.
	(4)	A person does not incur any civil or criminal liability only because the person gives information, or produces a document, to the planning and land authority in accordance with an information requirement.
395A	Authority may ask for information from commissioner for revenue in certain cases
	(1)	This section applies if the planning and land authority may or must notify, or intends to take action under this Act in relation to, an uncontactable person or a person the authority reasonably believes is an uncontactable person.
Examples
1	giving a person notice of the making of a development application under div 7.3.4 (Public notification of development applications and representations)
2	giving a person who made a representation about a development application notice of the approval of the application
3	action under—
	(a)	s 312 (How land may be recovered if former lessee or licensee in possession); or
	(b)	ch 11 (Controlled activities); or 
	(c)	ch 12 (Enforcement).
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 may, in writing, ask the commissioner for revenue for either of the following:
	(a)	the person’s name; 
	(b)	the person’s home address or other contact address.
	(3)	The commissioner for revenue must disclose the information required in a request made in accordance with subsection (2).
Note	See also the Taxation Administration Act 1999, s 97 (c) for power to disclose the information.
	(4)	In this section:
uncontactable person—a person is an uncontactable person if the planning and land authority does not have, or only has incomplete or outdated information about, either of the following:
	(a)	the person’s name; 
	(b)	a contact address for the person.
396	Treatment of documents provided under information requirement
	(1)	The planning and land authority must return a document produced in accordance with an information requirement to the person who produced the document as soon as practicable.
	(2)	To remove any doubt, before returning the document, the planning and land authority may make copies of, or take extracts from, the document.
397	Contravention of information requirements
A person commits an offence if the person intentionally contravenes a requirement of an information requirement.
Maximum penalty: 100 penalty units.
Note	The Legislation Act, s 170 and s 171 deal with the application of the privilege against selfincrimination and legal professional privilege.

Part 12.5	Search warrants
398	Warrants generally
	(1)	An inspector may apply to a magistrate for a warrant to enter premises.
	(2)	The application must be sworn and state the grounds on which the warrant is sought.
	(3)	The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.
	(4)	The magistrate may issue a warrant only if satisfied there are reasonable grounds for suspecting—
	(a)	there is a particular thing or activity connected with an offence against this Act; and
	(b)	the thing or activity—
	(i)	is, or is being engaged in, at the premises; or 
	(ii)	may be, or may be engaged in, at the premises within the next 14 days.
	(5)	The warrant must state—
	(a)	that an inspector may, with any necessary assistance and force, enter the premises and exercise the inspector’s powers under this chapter; and
	(b)	the offence for which the warrant is issued; and
	(c)	the things that may be seized under the warrant; and
	(d)	the hours when the premises may be entered; and
	(e)	the date, within 14 days after the day of the warrant’s issue, the warrant ends.
399	Warrants—application made other than in person
	(1)	An inspector may apply for a warrant by phone, fax, radio or other form of communication if the inspector considers it necessary because of—
	(a)	urgent circumstances; or
	(b)	other special circumstances.
	(2)	Before applying for the warrant, the inspector must prepare an application stating the grounds on which the warrant is sought.
	(3)	The inspector may apply for the warrant before the application is sworn.
	(4)	After issuing the warrant, the magistrate must immediately fax a copy to the inspector if it is practicable to do so.
	(5)	If it is not practicable to fax a copy to the inspector—
	(a)	the magistrate must—
	(i)	tell the inspector the terms of the warrant; and
	(ii)	tell the inspector the date and time the warrant was issued; and
	(b)	the inspector must complete a form of warrant (the warrant form) and write on it—
	(i)	the magistrate’s name; and
	(ii)	the date and time the magistrate issued the warrant; and
	(iii)	the warrant’s terms.
	(6)	The faxed copy of the warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the inspector’s powers under this chapter.
	(7)	The inspector must, at the first reasonable opportunity, send to the magistrate—
	(a)	the sworn application; and
	(b)	if the inspector completed a warrant form—the completed warrant form.
	(8)	On receiving the documents, the magistrate must attach them to the warrant.
	(9)	A court must find that a power exercised by the inspector was not authorised by a warrant under this section if—
	(a)	the question arises in a proceeding in the court whether the exercise of power was authorised by a warrant; and
	(b)	the warrant is not produced in evidence; and
	(c)	it is not proved that the exercise of power was authorised by a warrant under this section.
400	Search warrants—announcement before entry
	(1)	An inspector must, before anyone enters premises under a search warrant—
	(a)	announce that the inspector is authorised to enter the premises; and
	(b)	give anyone at the premises an opportunity to allow entry to the premises; and
	(c)	if the occupier of the premises, or someone else who apparently represents the occupier, is present at the premises—identify himself or herself to the person.
	(2)	The inspector is not required to comply with subsection (1) if the inspector believes, on reasonable grounds, that immediate entry to the premises is required to ensure—
	(a)	the safety of anyone (including the inspector or any person assisting); or
	(b)	that the effective execution of the warrant is not frustrated.
401	Details of search warrant to be given to occupier etc
If the occupier of premises, or someone else who apparently represents the occupier, is present at the premises while a search warrant is being executed, the inspector or a person assisting must make available to the person—
	(a)	a copy of the warrant; and
	(b)	a document setting out the rights and obligations of the person.
402	Occupier entitled to be present during search etc
	(1)	If the occupier of premises, or someone else who apparently represents the occupier, is present at the premises while a search warrant is being executed, the person is entitled to observe the search being conducted.
	(2)	However, the person is not entitled to observe the search if—
	(a)	to do so would impede the search; or
	(b)	the person is under arrest, and allowing the person to observe the search being conducted would interfere with the objectives of the search.
	(3)	This section does not prevent 2 or more areas of the premises being searched at the same time.

Part 12.5A	Rectification work orders
402A	Definitions—pt 12.5A
In this part:
remote application means an application for a rectification work order made other than in person.
remote order means a rectification work order made on remote application.
402B	Meaning of rectification work order—Act
In this Act:
rectification work order means an order made under this part.
402C	When may inspector apply for rectification work order?
An inspector may apply for a rectification work order to authorise entry to premises to carry out rectification work if—
	(a)	the planning and land authority gave a direction for rectification work to be done at the premises; and
	(b)	notice of the direction was given under section 366; and
	(c)	the rectification work has not been carried out in accordance with the notice; and
	(d)	a person has been authorised to carry out the rectification work; and
	(e)	1 or more of the following circumstances exists in relation to the premises:
	(i)	the rectification work proposed cannot reasonably be undertaken, or consent to entry cannot be obtained, during business hours; 
Note	Business hours—see the dictionary.
	(ii)	an inspector who has given an intention to enter notice under section 391B, or an accompanying authorised person, has been refused entry in accordance with the notice; 
	(iii)	a consent to the entry of an authorised person or accompanying person to carry out the rectification work has been withdrawn.
402D	Application for rectification work order generally
Note	An application may be made remotely (see s 402H).
An application for a rectification work order must be sworn and state—
	(a)	the grounds on which the applicant relies to make the application; and
	(b)	why the order is sought; and
	(c)	if the order sought is for rectification work to be carried out at stated times outside business hours—why the work needs to be carried out at the stated times; and
Note	Business hours—see the dictionary.
	(d)	whether police assistance, or any other assistance, is likely to be needed to execute the order; and
	(e)	if the application is made other than in person—why the application is being made other than in person.
402E	Decision on application for rectification work order
	(1)	A magistrate may refuse to consider an application for a rectification work order (whether a remote application or otherwise) until the inspector gives the magistrate any further information the magistrate requires for subsection (2).
	(2)	The magistrate must not make the rectification work order unless satisfied that—
	(a)	there are grounds for making the application; and
Note	The grounds for making the application are set out in s 402C.
	(b)	if the order authorises rectification work to be carried out at stated times outside business hours—that it is reasonably necessary for the work to be carried out at the stated times; and
	(c)	if the application states that assistance is likely to be necessary to execute the order—that the assistance mentioned in the application is reasonably necessary to execute the order; and
	(d)	if the application is made other than in person—that the application has been made in accordance with section 402H (Rectification work order—remote application).
	(3)	A rectification work order may not be made in relation to an inspector other than the applicant.
	(4)	However, a rectification work order may authorise another inspector to accompany the applicant to execute the order.
402F	Content of rectification work order
A rectification work order must state the following:
	(a)	the address of the premises to which the order relates;
	(b)	the name of the inspector authorised to enter the premises;
	(c)	the name of the authorised person authorised to enter the premises with the inspector;
	(d)	that the inspector and authorised person may use reasonable force to enter the premises;
	(e)	if the order authorises using assistance in executing the order—the assistance that may be used in executing the order;
	(f)	that entry is authorised during business hours or, if authorised outside business hours, at stated times outside business hours;
	(g)	the date, not later than 4 working days after the day the order is made, when the rectification work must be begun.
402G	Authorisation by rectification work order
A rectification work order authorises—
	(a)	the carrying out of the rectification work to which the order applies; and
	(b)	the stated inspector to enter premises in accordance with the order; and
	(c)	the stated authorised person to enter premises in accordance with the order if accompanied by the inspector; and
	(d)	if the order authorises assistance—the inspector and authorised person to enter with assistance in accordance with the order; and
	(e)	the inspector to remain on the premises, or to re-enter the premises, to give directions to the authorised person; and
	(f)	the authorised person—
	(i)	to remain on the premises to carry out the rectification work, whether or not the inspector remains on the premises; and
	(ii)	to re-enter the premises to complete the rectification work.
Note 	Also, an inspector may require a person’s name and address for a believed contravention of this Act (see s 393).
402H	Rectification work order—remote application
	(1)	An inspector may apply for a rectification work order in relation to premises by phone, fax, radio or other form of communication if the inspector considers it necessary because consent to the inspector’s entry to the premises has been withdrawn while the inspector was on the premises.
	(2)	Before applying for the rectification work order, the inspector must prepare an application in accordance with section 402D.
	(3)	However, the inspector may apply for the remote order before the application is sworn.
402I	Rectification work order—after order made on remote application
	(1)	After making a rectification work order on a remote application, the magistrate must immediately fax a copy to the inspector who made the application if it is practicable to do so.
	(2)	If it is not practicable to fax a copy of the rectification work order to the inspector—
	(a)	the magistrate must—
	(i)	tell the inspector the order’s terms; and
	(ii)	tell the inspector the date and time the order was issued; and
	(b)	the inspector must complete a form of order (the rectification work order form) and write on it—
	(i)	the magistrate’s name; and
	(ii)	the date and time the magistrate issued the order; and
	(iii)	the order’s terms.
	(3)	The inspector must, at the first reasonable opportunity, send to the magistrate—
	(a)	the sworn application; and
	(b)	if the inspector completed a rectification work order form—the completed rectification work order form.
	(4)	On receiving the documents, the magistrate must attach them to the rectification work order.
	(5)	A court must find that a power exercised by the inspector was not authorised by a rectification work order made on a remote application if—
	(a)	the question arises in a proceeding in the court whether the exercise of power was authorised by a rectification work order; and
	(b)	the order is not produced in evidence; and
	(c)	it is not proved that the exercise of power was authorised by a remote order.
402J	Entry under rectification work order—no occupier present
	(1)	This section applies if—
	(a)	an inspector proposes to enter premises as authorised by a rectification work order; and
	(b)	the inspector believes on reasonable grounds that no occupier is present at the premises.
	(2)	The inspector, and anyone authorised under the order to provide assistance, may enter the premises using reasonable force in accordance with the order.
402K	Entry under rectification work order—occupier present
	(1)	This section applies if—
	(a)	an inspector proposes to enter premises as authorised by a rectification work order; and
	(b)	an occupier is present at the premises.
	(2)	The inspector must—
	(a)	produce his or her identity card to the occupier; and
	(b)	give the occupier a copy of the rectification work order; and
	(c)	tell the occupier that, under the order—
	(i)	the authorised person accompanying the inspector is authorised to carry out rectification work under the order; and
	(ii)	the inspector may, but need not, remain on the premises to give directions to the authorised person; and
	(d)	tell the occupier that—
	(i)	hindering the inspector or authorised person may be an offence; and
	(ii)	the inspector and anyone authorised under the order to provide assistance may use reasonable force to enter if entry is refused.
	(3)	The inspector, and anyone authorised under the order to provide assistance, may enter the premises using reasonable force in accordance with the order.

Part 12.5B	Monitoring warrants
402L	Definitions—pt 12.5B
In this part:
remote application means an application for a monitoring warrant made other than in person.
remote warrant means a monitoring warrant made on remote application.
warrant form—see section 402T (2) (b).
402M	Meaning of monitoring warrant—Act
In this Act:
monitoring warrant means a warrant issued under this part.
402N	When may inspector apply for monitoring warrant?
An inspector may apply for a monitoring warrant in relation to premises if—
	(a)	any of the following apply:
	(i)	the inspector believes on reasonable grounds that a controlled activity has happened, or is happening, at the premises;
	(ii)	there is a controlled activity order in relation to a controlled activity at the premises; 
	(iii)	there is a prohibition notice in relation to the premises; 
	(iv)	a direction has been given under section 366 to carry out rectification work at the premises; 
	(v)	an injunction under section 381 is in force in relation to the premises; and
	(b)	any of the following apply:
	(i)	an inspector who has given an intention to enter notice under section 391B has been refused entry in accordance with the notice; 
	(ii)	the occupier—
	(A)	is given an intention to enter notice under section 391B; and
	(B)	consents to the entry of an inspector in accordance with the notice; and
	(C)	withdraws the consent. 
402O	Application for monitoring warrant generally
Note	An application may be made remotely (see s 402S).
An application for a monitoring warrant must be sworn and state—
	(a)	the grounds on which the applicant relies to make the application; and
	(b)	why the warrant is sought; and
	(c)	whether police assistance, or any other assistance, is likely to be needed to execute the warrant; and
	(d)	if the application is made other than in person—why the application is being made other than in person.
402P	Decision on application for monitoring warrant
	(1)	A magistrate may refuse to consider an application for a monitoring warrant (whether a remote application or otherwise) until the inspector gives the magistrate any further information the magistrate requires for subsection (2).
	(2)	The magistrate must not issue the monitoring warrant unless satisfied that—
	(a)	there are grounds for making the application; and
Note	The grounds for making the application are set out in s 402N.
	(b)	if the application states that assistance is likely to be necessary to execute the warrant—that the assistance mentioned in the application is reasonably necessary to execute the warrant; and
	(c)	if the application is made other than in person—that the application has been made in accordance with section 402S (Monitoring warrant—remote application).
	(3)	A monitoring warrant may not be issued in relation to an inspector other than the applicant.
	(4)	However, a monitoring warrant may authorise another inspector to accompany the applicant to execute the warrant.
402Q	Content of monitoring warrant
A monitoring warrant must state the following:
	(a)	the address of the premises to which the warrant relates;
	(b)	the name of the inspector authorised to enter the premises;
	(c)	that the inspector may use reasonable force to enter the premises;
	(d)	if the warrant authorises using assistance in executing the warrant—the assistance that may be used in executing the warrant;
	(e)	that the warrant ends—
	(i)	if the ground for applying for the warrant is a circumstance mentioned in section 402N (1) (a) (i)—5 working days after the day the warrant is issued; or
	(ii)	if the ground for applying for the warrant is a circumstance mentioned in section 402N (1) (a) (ii) to (v)—on the earlier of—
	(A)	when the circumstance no longer applies; and
	(B)	3 months after the day the warrant is issued.
402R	Authorisation by monitoring warrant
The monitoring warrant authorises the stated inspector, and anyone authorised by the warrant to provide assistance, to enter premises in accordance with the warrant.
Note 1	While on the premises, the inspector may exercise power under s 392.
Note 2	For when an inspector may require a person to state the person’s name and address, see s 393.
402S	Monitoring warrant—remote application
	(1)	An inspector may apply for a monitoring warrant in relation to premises by phone, fax, radio or other form of communication if the inspector considers it necessary because consent to the inspector’s entry to the premises has been withdrawn while the inspector was on the premises.
	(2)	Before applying for the monitoring warrant, the inspector must prepare an application in accordance with section 402O.
	(3)	However, the inspector may apply for the remote warrant before the application is sworn.
402T	Monitoring warrant—after order made on remote application
	(1)	After making a monitoring warrant on a remote application, the magistrate must immediately fax a copy to the inspector who made the application if it is practicable to do so.
	(2)	If it is not practicable to fax a copy of the monitoring warrant to the inspector—
	(a)	the magistrate must—
	(i)	tell the inspector the warrant’s terms; and
	(ii)	tell the inspector the date and time the warrant was issued; and
	(b)	the inspector must complete a form of warrant (the warrant form) and write on it—
	(i)	the magistrate’s name; and
	(ii)	the date and time the magistrate issued the warrant; and
	(iii)	the warrant’s terms.
	(3)	The inspector must, at the first reasonable opportunity, send to the magistrate—
	(a)	the sworn application; and
	(b)	if the inspector completed a warrant form—the completed warrant form.
	(4)	On receiving the documents, the magistrate must attach them to the monitoring warrant.
	(5)	A court must find that a power exercised by the inspector was not authorised by a monitoring warrant made on a remote application if—
	(a)	the question arises in a proceeding in the court whether the exercise of power was authorised by a monitoring warrant; and
	(b)	the warrant is not produced in evidence; and
	(c)	it is not proved that the exercise of power was authorised by a remote warrant.
402U	Entry under monitoring warrant—no occupier present
	(1)	This section applies if—
	(a)	an inspector proposes to enter premises as authorised by a monitoring warrant; and
	(b)	the inspector believes on reasonable grounds that no occupier is present at the premises.
	(2)	The inspector, and anyone authorised by the warrant to provide assistance, may enter the premises using reasonable force in accordance with the warrant.
402V	Entry under monitoring warrant—occupier present
	(1)	This section applies if—
	(a)	an inspector proposes to enter premises as authorised by a monitoring warrant; and
	(b)	an occupier is present at the premises.
	(2)	The inspector must—
	(a)	produce his or her identity card to the occupier; and
	(b)	give the occupier a copy of the monitoring warrant; and
	(c)	tell the occupier that—
	(i)	hindering the inspector may be an offence; and
	(ii)	the inspector may use reasonable force to enter if entry is refused.
	(3)	The inspector, and anyone authorised by the warrant to provide assistance, may enter the premises using reasonable force in accordance with the warrant.

Part 12.6	Return and forfeiture of things seized
403	Receipt for things seized
	(1)	As soon as practicable after an inspector seizes a thing under this chapter, the inspector must give a receipt for it to the person from whom it was seized.
	(2)	If, for any reason, it is not practicable to comply with subsection (1), the inspector must leave the receipt, secured conspicuously, at the place of seizure under section 394 (Power to seize things).
	(3)	A receipt under this section must include the following:
	(a)	a description of the thing seized;
	(b)	an explanation of why the thing was seized;
	(c)	the inspector’s name, and how to contact the inspector;
	(d)	if the thing is moved from the premises where it is seized—where the thing is to be taken.
404	Moving things to another place for examination or processing under search warrant
	(1)	A thing found at premises entered under a search warrant may be moved to another place for examination or processing to decide whether it may be seized under the warrant if—
	(a)	both of the following apply:
	(i)	there are reasonable grounds for believing that the thing is or contains something to which the warrant relates;
	(ii)	it is significantly more practicable to do so having regard to the timeliness and cost of examining or processing the thing at another place and the availability of expert assistance; or
	(b)	the occupier of the premises agrees in writing.
	(2)	The thing may be moved to another place for examination or processing for no longer than 72 hours.
	(3)	An inspector may apply to a magistrate for an extension of time if the inspector believes, on reasonable grounds, that the thing cannot be examined or processed within 72 hours.
	(4)	The inspector must give notice of the application to the occupier of the premises, and the occupier is entitled to be heard on the application.
	(5)	If a thing is moved to another place under this section, the inspector must, if practicable—
	(a)	tell the occupier of the premises the address of the place where, and time when, the examination or processing will be carried out; and
	(b)	allow the occupier or the occupier’s representative to be present during the examination or processing.
	(6)	The provisions of this chapter relating to the issue of search warrants apply, with any necessary changes, to the giving of an extension under this section.
405	Access to things seized
A person who would, apart from the seizure, be entitled to inspect a thing seized under this chapter may—
	(a)	inspect it; and
	(b)	if it is a document—take extracts from it or make copies of it.
406	Return of things seized
	(1)	A thing seized under this chapter must be returned to its owner, or reasonable compensation must be paid by the Territory to the owner for the loss of the thing if—
	(a)	an infringement notice for an offence relating to the thing is not served on the owner within 1 year after the day of the seizure and—
	(i)	a prosecution for an offence relating to the thing is not begun within the 1-year period; or
	(ii)	a prosecution for an offence relating to the thing is begun within the 1-year period but the court does not find the offence proved; or
	(b)	an infringement notice for an offence relating to the thing is served on the owner within 1 year after the day of the seizure, the infringement notice is withdrawn and—
	(i)	a prosecution for an offence relating to the thing is not begun within the 1-year period; or
	(ii)	a prosecution for an offence relating to the thing is so begun but the court does not find the offence proved; or
	(c)	an infringement notice for an offence relating to the thing is served on the owner and not withdrawn within 1 year after the day of the seizure, liability for the offence is disputed in accordance with the Magistrates Court Act 1930, section 132 and—
	(i)	an information is not laid in the Magistrates Court against the person for the offence within 60 days after the day notice is given under that section that liability is disputed; or
	(ii)	an information is laid in the Magistrates Court against the person for the offence within the 60-day period, but the Magistrates Court does not find the offence proved.
	(2)	If anything seized under this chapter is not required to be returned or reasonable compensation is not required to be paid under subsection (1), the thing—
	(a)	is forfeited to the Territory; and
	(b)	may be sold, destroyed or otherwise disposed of as the chief planning executive directs.

Chapter 13	Review of decisions
    
Notes to ch 13
Fees may be determined under s 424 for provisions of this chapter.
If a form is approved under s 425 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).
407	Definitions—ch 13
In this chapter:
decision-maker, for a reviewable decision—each person mentioned in schedule 1, column 3 in relation to a reviewable decision is a decision-maker for the decision.
eligible entity, for a reviewable decision—each entity mentioned in schedule 1, column 4 in relation to a reviewable decision is an eligible entity for the decision.
interested entity, for a reviewable decision, means an entity mentioned in schedule 1, column 5 for the decision. 
reviewable decision—
	(a)	means a decision mentioned in schedule 1, column 2; but
	(b)	does not include—
	(i)	a decision by the Minister under section 261 about whether considering a development application is in the public interest; or
	(ii)	a decision by the planning and land authority or Minister to refuse a development application under section 162 because the Minister decides under section 261 that considering the application is not in the public interest.
408	AAT review—general
	(1)	An eligible entity for a reviewable decision may apply to the AAT for review of the decision.
	(2)	If a decision-maker makes a reviewable decision, the decision‑maker must give written notice to—
	(a)	each eligible entity for the decision; and
	(b)	each interested entity for the decision.
	(3)	The notice under subsection (2) must comply with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, section 25B (1).
409	AAT review—people who made representations etc
	(1)	This section applies to a reviewable decision in relation to a development application if the person applying to the AAT for review is not the applicant for the development application.
	(2)	The application for review must be made not later than 4 weeks after—
	(a)	for a decision to which section 176 (When development approvals take effect—single representation with AAT review right) applies—the day the person was told about the decision; or
	(b)	for a decision to which section 177 (When development approvals take effect—multiple representations with AAT review right) applies—the day final notice of the decision was given.
	(3)	The period for making the application for review may not be extended under the Administrative Appeals Tribunal Act 1989.
	(4)	In this section:
final notice—see section 177 (3).
410	Challenge to validity of Ministerial decisions on development applications
The validity of a decision made by the Minister under section 162 (Deciding development applications) may not be questioned in any legal proceeding other than a proceeding begun not later than 28 days after the date of the decision.
Note	A decision of the Minister under s 162 is not a reviewable decision (see s 407, def reviewable decision and sch 1).

Chapter 14	Miscellaneous
Notes to ch 14
Fees may be determined under s 424 for provisions of this chapter.
If a form is approved under s 425 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).
411	Restrictions on public availability—comments, applications, representations and proposals
	(1)	This section applies to—
	(a)	a person who makes consultation comments on a draft plan variation; or
	(b)	an applicant for development approval; or
	(c)	a person who makes a representation about a development application; or
	(d)	a person who makes a representation about a draft EIS; or
	(e)	the proponent of a development proposal who gives the planning and land authority a revised EIS under section 221.
	(2)	In this section:
relevant document means—
	(a)	in relation to a person who makes consultation comments on a draft plan variation—the consultation comments; or
	(b)	in relation to an applicant for development approval—the application for development approval; or
	(c)	in relation to a person who makes a representation about a development application—the representation; or
	(d)	in relation to a person who makes a representation about a draft EIS—the representation; or
	(e)	in relation to the proponent of a development proposal who gives the planning and land authority a revised EIS under section 221—the EIS.
	(3)	A person to whom this section applies may apply (by exclusion application) in writing to the planning and land authority for part of the relevant document to be excluded from being made available for public inspection.
	(4)	The planning and land authority may approve or refuse to approve the exclusion application.
	(5)	However, the planning and land authority must not approve the exclusion application unless satisfied that the part of the relevant document to which the exclusion application relates contains information—
	(a)	the publication of which would disclose a trade secret; or
	(b)	the publication of which would, or could reasonably be expected to—
	(i)	endanger the life or physical safety of any person; or
	(ii)	lead to damage to, or theft of, property.
	(6)	If the planning and land authority approves an exclusion application in relation to part of the relevant document, the part must not be made available to the public.
	(7)	If part of the relevant document is excluded from copies of the relevant document made available for public inspection, each copy must include a statement to the effect that an unmentioned part of the relevant document has been excluded to protect the confidentiality of information included in the part.
412	Restrictions on public availability—security
	(1)	This section applies if a justice minister certifies in writing given to the planning and land authority that the publication of part (the concerning part) of a relevant document might—
	(a)	jeopardise national security; or
	(b)	expose staff of a security organisation to risk of injury; or
	(c)	expose the public to risk of injury; or
	(d)	expose property to risk of damage.
	(2)	The concerning part of the relevant document must not be made available to the public.
	(3)	Each copy of the relevant document made public must include a statement to the effect that an unmentioned part of the document has been excluded under this section.
	(4)	For this section, something jeopardises national security if it jeopardises the operations of a security organisation.
	(5)	In this section:
justice minister means—
	(a)	the Minister responsible for the administration of justice; or
	(b)	the Commonwealth Attorney-General.
relevant document—each of the following is a relevant document:
	(a)	a draft plan variation; 
	(b)	consultation comments on a draft plan variation;
	(c)	an application for development approval;
	(d)	a representation about a development application;
	(e)	a representation about a draft EIS;
	(f)	an EIS.
security organisation—each of the following is a security organisation:
	(a)	the Australian Federal Police;
	(b)	the Australian Security Intelligence Organisation;
	(c)	the Australian Secret Intelligence Service;
	(d)	the police force or service of a State;
	(e)	an entity established under a law of a State to conduct criminal investigations or inquiries;
	(f)	any other entity prescribed by regulation.
413	Damage etc to be minimised
	(1)	In this section:
function means—
	(a)	for an authorised person—a function under chapter 11; or
	(b)	for an inspector—a function under chapter 12.
official means—
	(a)	an authorised person; or
	(b)	an inspector.
	(2)	In the exercise, or purported exercise, by an official of a function, the official must take all reasonable steps to ensure that the official, and any person assisting the official, causes as little inconvenience, detriment and damage as practicable.
	(3)	If an official, or person assisting an official, damages anything in the exercise or purported exercise of a function, the official must give written notice of the particulars of the damage to the person the official believes, on reasonable grounds, is the owner of the thing.
	(4)	If the damage happens at premises entered under chapter 12 in the absence of the occupier, the notice may be given by leaving it, secured conspicuously, at the premises.
414	Compensation for exercise of enforcement powers
	(1)	A person may claim compensation from the Territory if the person suffers loss or expense because of the exercise, or purported exercise, of a function by an official or person assisting an official.
	(2)	Compensation may be claimed and ordered—
	(a)	in a proceeding for compensation brought in a court of competent jurisdiction; or
	(b)	in a proceeding for an offence against this Act brought against the person making the claim for compensation.
	(3)	A court may order the payment of reasonable compensation for the loss or expense only if satisfied it is just to make the order in the circumstances of the particular case.
	(4)	A regulation may prescribe matters that may, must or must not be taken into account by the court in considering whether it is just to make the order.
Examples of what may be prescribed
1	compensation is not payable for actions of authorised people that are unavoidable, like demolishing an unlawful structure if the rectification notice requires the demolition
2	compensation is payable if the damage is reasonably avoidable, like the accidental breaking of a window
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)	In this section:
function—see section 413 (1).
official—see section 413 (1).
415	Enforcement actions unaffected by other approvals etc
	(1)	To remove any doubt, the planning and land authority or an official is not prevented from exercising a function in relation to a matter only because any of the following have been issued in relation to the matter:
	(a)	a development approval;
	(b)	a certificate of compliance;
	(c)	a certificate of occupancy under the Building Act 2004.
	(2)	In this section:
function—see section 413 (1).
official—see section 413 (1).
416	Evidence of ending of lease
	(1)	The planning and land authority may certify in writing that a lease mentioned in the certificate has ended.
	(2)	The certificate is evidence of the matter it states.
416A	Basic fences between leased and unleased land
	(1)	This section applies in relation to an open space boundary of a block of land if, whether before or after the commencement of this section, a development requirement in relation to the block requires the erection of a basic paling fence for the boundary.
	(2)	The development requirement is taken to have been complied with for the open space boundary if, instead of a basic paling fence, either of the following is erected:
	(a)	a fence that is exempt from requiring development approval;
	(b)	a fence in accordance with a notice under the Common Boundaries Act 1981, section 23 (Boundary between leased and unleased land).
	(3)	In this section:
basic paling fence means a fence that consists of not more than—
	(a)	a support structure; and
	(b)	timber palings only as the fence’s panelling; and
	(c)	a capping rail.
Example—fences that are not basic paling fences
1	a paling fence with a lattice extension or panelling 
2	a fence with brick piers separating paling panels
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).
development requirement, in relation to a block of land, means—
	(a)	a condition in a lease for the block of land; or
	(b)	a condition, other than a condition in a lease for the block of land, that—
	(i)	was approved by the Territory when the lease was granted; and
	(ii)	regulates the development or use of the land; or
	(c)	a requirement of a development approval or a corresponding approval under a repealed territory law.
open space boundary means a boundary between leased and unleased territory land.
417	Rights to extract minerals
	(1)	The planning and land authority may, by a lease or licence, grant a person the right to extract minerals from stated territory land.
	(2)	The provisions of the lease or licence are the provisions agreed between the parties.
418	Secrecy
	(1)	In this section:
court includes a tribunal, authority or person having power to require the production of documents or the answering of questions.
divulge includes communicate.
person to whom this section applies means a person who—
	(a)	is or has been—
	(i)	the chief planning executive; or
	(ii)	a member of staff of the planning and land authority; or
	(iii)	a member of the staff of the commission; or
	(b)	exercises, or has exercised, a function under this Act.
produce includes allow access to.
protected information means information about a person that is disclosed to, or obtained by, a person to whom this section applies because of the exercise of a function under this Act by the person or someone else.
	(2)	A person to whom this section applies commits an offence if—
	(a)	the person—
	(i)	makes a record of protected information about someone else; and
	(ii)	is reckless about whether the information is protected information about someone else; or
	(b)	the person—
	(i)	does something that divulges protected information about someone else; and
	(ii)	is reckless about whether—
	(A)	the information is protected information about someone else; and
	(B)	doing the thing would result in the information being divulged to someone else.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(3)	Subsection (2) does not apply if the record is made, or the information is divulged—
	(a)	under this Act or another territory law; or
	(b)	in relation to the exercise of a function, as a person to whom this section applies, under this Act or another territory law; or
	(c)	in a court proceeding.
	(4)	Subsection (2) does not apply to the divulging of protected information about someone with the person’s consent.
419	Meaning of material detriment—Act
	(1)	In this Act:
material detriment, in relation to land—an entity suffers material detriment in relation to land because of a decision if—
	(a)	the decision has, or is likely to have, an adverse impact on the entity’s use or enjoyment of the land; or
	(b)	for an entity that has objects or purposes—the decision relates to a matter included in the entity’s objects or purposes.
	(2)	However, an entity does not suffer material detriment in relation to land because of a decision only because the decision increases, or is likely to increase, direct or indirect competition with a business of the entity or an associate of the entity.
Note 1	Associate—see dict.
Note 2	Material detriment is used in sch 1.
420	Ministerial guidelines
	(1)	The Minister may approve guidelines for the exercise of any power by the Minister under this Act.
	(2)	The Minister may, but need not, consider advice from the planning and land authority before approving guidelines.
	(3)	Guidelines are a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
421	Expiry of notifiable instruments
	(1)	This section applies to a notifiable instrument under any of the following provisions:
·	section 63 (Public consultation—notification)
·	section 68 (Revision and withdrawal of draft plan variations)
·	section 70 (Public notice of documents given to Minister)
·	section 76 (Minister’s powers in relation to draft plan variations)
·	section 82 (Consequences of rejection of plan variations by Legislative Assembly)
·	section 84 (Partial rejection of plan variations by Legislative Assembly)
·	section 102 (Consideration of whether review of territory plan necessary).
	(2)	If the notifiable instrument does not state when the instrument expires, the instrument expires 6 months after the day it is notified.
422	Declaration of authority website
	(1)	The Minister may declare a website to be the planning and land authority website.
	(2)	A declaration is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
422A	References in territory plan to certain instruments
	(1)	A reference in the territory plan to an instrument prescribed by regulation is a reference to the instrument as in force from time to time.
Note 1	A statutory instrument may also apply, adopt or incorporate (with or without change) a law or instrument (or a provision of a law or instrument) as in force at a particular time (see Legislation Act, s 47 (1)).
Note 2	If a statutory instrument applies, adopts or incorporates a law or instrument (or a provision of a law or instrument), the law, instrument or provision may be taken to be a notifiable instrument that must be notified under the Legislation Act (see s 47 (2) to (6)).
	(2)	The Legislation Act, section 47 (6) does not apply in relation to an instrument mentioned in subsection (1).
423	Construction of outdated references
	(1)	In any Act, instrument made under an Act or document, a reference to the Land (Planning and Environment) Act 1991 is, in relation to anything to which this Act applies, a reference to this Act.
Note	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).
	(2)	In any Act, instrument made under an Act or document, a reference to a provision of the Land (Planning and Environment) Act 1991 is, in relation to anything to which this Act applies, a reference to the corresponding provision of this Act.
	(3)	In any Act, instrument made under an Act or document, a reference to anything that is no longer applicable because of the repeal of the Land (Planning and Environment) Act 1991, and for which there is a corresponding thing under this Act, is taken to be a reference to the thing under this Act, if the context allows and if otherwise appropriate.
424	Determination of fees
	(1)	The Minister may, in writing, determine fees for this Act.
Note	The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
	(2)	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
425	Approved forms
	(1)	The planning and land authority may, in writing, approve forms for this Act.
	(2)	If the planning and land authority approves a form for a particular purpose, the approved form must be used for that purpose.
Note	For other provisions about forms, see the Legislation Act, s 255.
	(3)	An approved form is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
426	Regulation-making power
	(1)	The Executive may make regulations for this Act.
Note	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(2)	A regulation may make provision in relation to the following:
	(a)	environmental impact statements;
	(b)	if this Act does not prescribe when a development approval takes effect—when the development approval takes effect;
	(c)	the criteria a person must satisfy to be a consultant under section 213; 
	(d)	inquiry panels;
	(e)	planning reports;
	(f)	strategic environmental assessments;
	(g)	procedures for carrying out the authority’s functions under chapter 11 (Controlled activities) and chapter 12 (Enforcement).
Examples of what may be prescribed for par (d)
1	selection process for experts to be inquiry panel members
2	establishment of list of experts for inquiry panels
3	appointment of chair for inquiry panel
4	procedures for dealing with absences or departures from inquiry panels
5	procedures for running inquiry panels, including the quorum, holding of hearings, conflict of interest and decision-making
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).
	(3)	A regulation may make provision about a matter by applying, adopting or incorporating (with or without change) a standard, or a provision of a standard, as in force from time to time.
Note 1	A statutory instrument may also apply, adopt or incorporate (with or without change) a law or instrument (or a provision of a law or instrument) as in force at a particular time (see Legislation Act, s 47 (1)).
Note 2	If a statutory instrument applies, adopts or incorporates a law or instrument (or a provision of a law or instrument), the law, instrument or provision may be taken to be a notifiable instrument that must be notified under the Legislation Act (see s 47 (2) to (6)).
	(4)	The Legislation Act, section 47 (6) does not apply in relation to an Australian Standard or an Australian/New Zealand Standard applied, adopted or incorporated as in force from time to time under a regulation.
	(5)	A regulation may create offences and fix maximum penalties of not more than 10 penalty units for the offences.

Chapter 15	Transitional
Part 15.1	Transitional—general
427	Definitions—ch 15
In this chapter:
commencement day means the day this Act commences.
repealed Act means the Land (Planning and Environment) Act 1991.
429	Transitional regulations
	(1)	A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the Building Legislation Amendment Act 2007, the Planning and Development (Consequential Amendments) Act 2007 or this Act.
	(2)	A regulation may modify this chapter to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this chapter.
	(3)	A regulation under subsection (2) has effect despite anything elsewhere in this Act.
 M 	429A	Modification—s 197 (Applications to amend development approvals)
 M 	429B	Modification—s 198 (Deciding applications to amend development approvals)
 M 	429C	Modification—div 7.3.11 (Correction and amendment of development approvals)
 M 	429D	Modification—s 203 (Development other than use lawful when begun)
 M 	429E	Modification—s 204 (Use as development lawful when begun)
 M 	429F	Modification—s 298A (Application for extension of time to commence or complete building and development)
430	Transitional effect—Legislation Act, s 88
This chapter is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
 M 	431	Expiry—ch 15
	(1)	This chapter, other than an excluded provision, expires 2 years after the commencement day.
	(2)	Each of the following is an excluded provision:
	(a)	section 446 (Transitional—application for development approval if lease and development condition under repealed Act);
	(b)	section 446A (Transitional—power to make and apply lease and development conditions);
	(c)	section 467 (Plans of management).

Part 15.2	Transitional—territory plan
432	Transitional—territory plan
	(1)	The planning and land authority must, in consultation with the national capital authority and the public, prepare the territory plan proposed to be made for section 46 (Territory plan).
Note 1	For what is required for community consultation, see s 433.
Note 2	For requirement to report on consultation with national capital authority, see s 434.
Note 3	The territory plan is a notifiable instrument (see s 47 (1)).
	(2)	The Legislative Assembly may, by motion, approve the territory plan as notified under the Legislation Act.
	(3)	The approved territory plan commences—
	(a)	if it is approved on or before commencement day—on the commencement day; or
	(b)	if it is approved after commencement day—the day after it is approved.
	(4)	To remove any doubt, in subsection (1), consultation includes consultation occurring before the commencement of this section.
	(5)	In this section:
commencement day means the day section 46 (Territory plan) commences.
433	Transitional—public consultation on territory plan
	(1)	For section 432, the planning and land authority prepares a territory plan in consultation with the public if, as part of developing the territory plan, the authority—
	(a)	publishes an outline of the proposed territory plan; and
	(b)	conducts information sessions about the proposed territory plan; and
	(c)	gives public notice that written comments may be made on the proposed territory plan with a stated time; and
	(d)	considers any comments provided in accordance with the notice; and
	(e)	after commencement of this section—
	(i)	publishes the proposed territory plan; and
	(ii)	gives public notice that written comments may be made on the proposed territory plan within the period of not less than 15 working days or, if another period is prescribed by regulation, the period prescribed; and
	(iii)	considers any comments provided in accordance with the notice.
Note	Consultation includes consultation occurring before the commencement of s 432 (see s 432 (4)).
	(2)	To remove any doubt, subsection (1) does not limit the ways the planning and land authority may consult the public about the territory plan.
434	Transitional—consultation with national capital authority
	(1)	The planning and land authority must give a written report to the Executive about the authority’s consultation with the national capital authority under section 432.
Note	Consultation includes consultation occurring before the commencement of s 432 (see s 432 (4)).
	(2)	The report must include the views expressed by the national capital authority.
435	Transitional—variations begun but not notified under repealed Act
	(1)	This section applies if, before commencement day—
	(a)	the planning and land authority prepares a plan variation under the repealed Act, section 15 (Preparation of plan variations); and
	(b)	in preparing the draft plan variation, the authority complies with the following provisions of the repealed Act:
	(i)	section 16 (Consultation with conservator); and
	(ii)	section 17 (Consultation with heritage council); and
	(iii)	section 18 (Environmental reports and inquiries); and
	(c)	the authority complies with the repealed Act, section 20 (Consultation with national capital authority) in relation to the draft plan variation; and
	(d)	the authority tells the Minister in writing about the draft plan variation; and
	(e)	the authority consults with, and considers any advice given by, the environment protection authority; and
	(f)	the draft plan variation has not been publicly notified under the repealed Act.
	(2)	Each of the following applies in relation to the draft plan variation:
	(a)	the draft plan variation is taken to be a draft plan variation under this Act;
	(b)	the planning and land authority is taken to have complied with this Act, section 61 (Consultation etc about draft plan variations being prepared) in relation to the draft plan variation.
436	Transitional—draft plan variations publicly notified under repealed Act
	(1)	This section applies if, before commencement day—
	(a)	the planning and land authority prepares a plan variation under the repealed Act, section 15 (Preparation of plan variations); and
	(b)	in preparing the draft plan variation, the authority complies with the following provisions of the repealed Act:
	(i)	section 16 (Consultation with conservator); and
	(ii)	section 17 (Consultation with heritage council); and
	(iii)	section 18 (Environmental reports and inquiries); and
	(c)	the authority complies with the repealed Act, section 20 (Consultation with national capital authority) in relation to the draft plan variation; and
	(d)	the authority tells the Minister in writing about the draft plan variation; and
	(e)	the authority consults with, and considers any advice given by, the environment protection authority; and
	(f)	the authority prepares a notice (the consultation notice) under the repealed Act, section 19 (Public consultation—notification) in relation to the draft plan variation; and
	(g)	the consultation notice complies with the repealed Act, section 19A (Public consultation—notice of interim effect etc); and
	(h)	the authority complies with the repealed Act, section 19B (Public consultation—availability of draft plan variation etc) and section 21 (Public inspection of comments) in relation to the draft plan variation; and
	(i)	the draft plan variation is not—
	(i)	withdrawn under the repealed Act, section 22 (Revision, deferral or withdrawal of draft plan variations); or
	(ii)	submitted to the Minister under the repealed Act, section 24 (Submission of draft plan variation to Minister).
	(2)	Each of the following applies in relation to the draft plan variation:
	(a)	the draft plan variation is taken to be a draft plan variation under this Act;
	(b)	the planning and land authority is taken to have complied with this Act, section 61 (Consultation etc about draft plan variations being prepared) in relation to the draft plan variation;
	(c)	the draft plan variation is taken to have been publicly notified under this Act, section 63 (Public consultation—notification);
	(d)	the consultation notice is taken to be a consultation notice under section 63 that complies with the requirements of this Act, section 64 (Public consultation—notice of interim effect etc);
	(e)	if the consultation notice states that the draft plan variation has interim effect—the draft plan variation has interim effect in accordance with the consultation notice and this Act, section 65 (Effect of draft plan variations publicly notified).
437	Transitional—draft plan variation revised etc under repealed Act
	(1)	This section applies if, before commencement day—
	(a)	the planning and land authority prepares a plan variation under the repealed Act, section 15 (Preparation of plan variations); and
	(b)	in preparing the draft plan variation, the authority complies with the following provisions of the repealed Act:
	(i)	section 16 (Consultation with conservator); and
	(ii)	section 17 (Consultation with heritage council); and
	(iii)	section 18 (Environmental reports and inquiries); and
	(c)	the authority complies with the repealed Act, section 20 (Consultation with national capital authority) in relation to the draft plan variation; and
	(d)	the authority tells the Minister in writing about the draft plan variation; and
	(e)	the authority consults with, and considers any advice given by, the environment protection authority; and
	(f)	the authority prepares a notice (the consultation notice) under the repealed Act, section 19 (Public consultation—notification) in relation to the draft plan variation; and
	(g)	the consultation notice complies with the repealed Act, section 19A (Public consultation—notice of interim effect etc); and
	(h)	the authority complies with the repealed Act, section 19B (Public consultation—availability of draft plan variation etc) and section 21 (Public inspection of comments) in relation to the draft plan variation; and
	(i)	the draft plan variation is revised under the repealed Act, section 22 (Revision, deferral or withdrawal of draft plan variations); and
	(j)	the draft plan variation is not submitted to the Minister under the repealed Act, section 24 (Submission of draft plan variation to Minister).
	(2)	Each of the following applies in relation to the draft plan variation:
	(a)	the draft plan variation is taken to be a draft plan variation under this Act;
	(b)	the planning and land authority is taken to have complied with this Act, section 61 (Consultation etc about draft plan variations being prepared) in relation to the draft plan variation;
	(c)	the draft plan variation is taken to have been publicly notified under this Act, section 63 (Public consultation—notification);
	(d)	the consultation notice is taken to be a consultation notice under section 63 that complies with the requirements of this Act, section 64 (Public consultation—notice of interim effect etc);
	(e)	the draft plan variation is taken to have been revised under this Act, section 68 (Revision and withdrawal of draft plan variations).
438	Transitional—draft plan variation submitted to Minister under repealed Act
	(1)	This section applies if, before commencement day—
	(a)	the actions mentioned in section 437 (1) (a) to (d) apply in relation to a plan variation under the repealed Act, section 15 (Preparation of plan variations); and
	(b)	the planning and land authority consults with, and considers any advice given by, the environment protection authority; and
	(c)	the authority prepares a notice (the consultation notice) under the repealed Act, section 19 (Public consultation—notification) in relation to the draft plan variation; and
	(d)	the consultation notice complies with the repealed Act, section 19A (Public consultation—notice of interim effect etc); and
	(e)	the authority complies with the repealed Act, section 19B (Public consultation—availability of draft plan variation etc) and section 21 (Public inspection of comments) in relation to the draft plan variation; and
	(f)	either—
	(i)	the draft plan variation is revised under the repealed Act, section 22 (Revision, deferral or withdrawal of draft plan variations); or
	(ii)	the draft plan variation is not revised; and
	(g)	the draft plan variation is submitted to the Minister in accordance with the repealed Act, section 24 (1) (Submission of draft plan variation to Minister); and
	(h)	under the repealed Act, section 24 (2), the planning and land authority gives the Executive a written report about the authority’s consultation with the national capital authority; and
	(i)	the authority complies with the public notification requirements under the repealed Act, section 24 (3) to (6) in relation to the documents mentioned in the repealed Act, section 24 (1); and
	(j)	the authority gives the Minister a written report about the authority’s consultation with the environment protection authority; and
	(k)	the draft plan variation has not been referred to the appropriate committee of the Legislative Assembly under the repealed Act, section 25 (Consideration by Legislative Assembly committee).
	(2)	Each of the following applies in relation to the draft plan variation:
	(a)	the draft plan variation is taken to be a draft plan variation under this Act;
	(b)	the planning and land authority is taken to have complied with this Act, section 61 (Consultation etc about draft plan variations being prepared) in relation to the draft plan variation;
	(c)	the draft plan variation is taken to have been publicly notified under this Act, section 63 (Public consultation—notification);
	(d)	the consultation notice is taken to be a consultation notice under section 63 that complies with the requirements of this Act, section 64 (Public consultation—notice of interim effect etc);
	(e)	if the draft plan variation was revised under the repealed Act, section 22 (Revision, deferral or withdrawal of draft plan variations)—the draft plan variation is taken to have been revised under this Act, section 68 (Revision and withdrawal of draft plan variations);
	(f)	the draft plan variation is taken to have been given to the Minister under this Act, section 69 (Draft plan variations to be given to Minister etc);
	(g)	the planning and land authority is taken to have complied with this Act, section 70 (Public notice of documents given to Minister);
	(h)	if the consultation notice states that the draft plan variation has interim effect—the draft plan variation has interim effect in accordance with the consultation notice and this Act, section 72 (Effect of draft plan variations given to Minister).
439	Transitional—draft plan variation referred to Legislative Assembly committee under repealed Act
	(1)	This section applies if, before commencement day—
	(a)	the actions mentioned in section 437 (1) (a) to (d) apply in relation to a plan variation under the repealed Act, section 15 (Preparation of plan variations); and
	(b)	the planning and land authority consults with, and considers any advice given by, the environment protection authority; and
	(c)	the authority prepares a notice (the consultation notice) under the repealed Act, section 19 (Public consultation—notification) in relation to the draft plan variation; and
	(d)	the consultation notice complies with the repealed Act, section 19A (Public consultation—notice of interim effect etc); and
	(e)	the authority complies with the repealed Act, section 19B (Public consultation—availability of draft plan variation etc) and section 21 (Public inspection of comments) in relation to the draft plan variation; and
	(f)	either—
	(i)	the draft plan variation is revised under the repealed Act, section 22 (Revision, deferral or withdrawal of draft plan variations); or
	(ii)	the draft plan variation is not revised; and
	(g)	the draft plan variation is submitted to the Minister in accordance with the repealed Act, section 24 (1) (Submission of draft plan variation to Minister); and
	(h)	under the repealed Act, section 24 (2), the planning and land authority gives the Executive a written report about the authority’s consultation with the national capital authority; and
	(i)	the authority complies with the public notification requirements under the repealed Act, section 24 (3) to (6) in relation to the documents mentioned in the repealed Act, section 24 (1); and
	(j)	the authority gives the Minister a written report about the authority’s consultation with the environment protection authority; and
	(k)	the draft plan variation is referred to the appropriate committee of the Legislative Assembly under the repealed Act, section 25 (Consideration by Legislative Assembly committee); and
	(l)	the Legislative Assembly committee has not reported on the draft plan variation.
	(2)	Each of the following applies in relation to the draft plan variation:
	(a)	the draft plan variation is taken to be a draft plan variation under this Act;
	(b)	the planning and land authority is taken to have complied with this Act, section 61 (Consultation etc about draft plan variations being prepared) in relation to the draft plan variation;
	(c)	the draft plan variation is taken to have been publicly notified under this Act, section 63 (Public consultation—notification);
	(d)	the consultation notice is taken to be a consultation notice under section 63 that complies with the requirements of this Act, section 64 (Public consultation—notice of interim effect etc);
	(e)	if the draft plan variation was revised under the repealed Act, section 22 (Revision, deferral or withdrawal of draft plan variations)—the draft plan variation is taken to have been revised under this Act, section 68 (Revision and withdrawal of draft plan variations);
	(f)	the draft plan variation is taken to have been given to the Minister under this Act, section 69 (Draft plan variations to be given to Minister etc);
	(g)	the planning and land authority is taken to have complied with this Act, section 70 (Public notice of documents given to Minister);
	(h)	if the consultation notice states that the draft plan variation has interim effect—the draft plan variation has interim effect in accordance with the consultation notice and this Act, section 72 (Effect of draft plan variations given to Minister);
	(i)	the Minister is taken to have referred the draft plan variation to the appropriate committee of the Legislative Assembly under this Act, section 73 (Consideration of draft plan variations by Legislative Assembly committee);
	(j)	the Minister must not taken action under this Act, section 76 (Minister’s powers in relation to draft plan variations) in relation to the draft plan variation.

Part 15.3	Transitional—planning strategy
440	Transitional—planning strategy
	(1)	The following documents are taken to make up the planning strategy under section 105:
	(a)	The Canberra Spatial Plan published by the planning and land authority in March 2004;
	(b)	The Sustainable Transport Plan published by the planning and land authority in April 2004.
	(2)	Despite section 106 (Public availability of planning strategy), the plans mentioned in subsection (1) need not be notified under the Legislation Act.

Part 15.4	Development and development applications
441	Transitional—meaning of development—Act
To remove any doubt, the definition of development in section 7 applies in relation to a lease, whether granted before or after the commencement of this Act.
 M 	442	Transitional—applications lodged before commencement day
	(1)	This section applies if—
	(a)	before commencement day, a person applied for approval under the repealed Act, section 226 (Application to undertake development); and
	(b)	immediately before commencement day, the planning and land authority had not decided the application.
	(2)	The repealed Act (including the territory plan and any other instruments under the repealed Act) continues to apply in relation to the application despite its repeal.
	(3)	If the application is approved, the approval is taken to be a development approval under this Act.
442A	Transitional—applications for subdivision lodged before commencement day
	(1)	This section applies if—
	(a)	before commencement day, a person applied for approval under the repealed Act, section 226 (Application to undertake development) and the development was for a subdivision of defined land; and
	(b)	the planning and land authority approves the application after the commencement day.
	(2)	Section 96 (When land ceases to be in future urban area) applies in relation to the development as if it had been approved under this Act.
	(3)	In this section:
defined land—see section 446A.
442B	Transitional—application for review lodged after commencement day for application lodged before commencement day
	(1)	This section applies if—
	(a)	before commencement day, a person applied for approval under the repealed Act, section 226 (Application to undertake development); and
	(b)	the application is decided by the Minister, or the planning and land authority, before or after commencement day; and
	(c)	an application is made to the AAT for review of the decision after commencement day.
	(2)	The repealed Act (including the territory plan and any other instruments under the repealed Act) continues to apply for the purposes of deciding the application for review.
	(3)	To remove any doubt, this section is additional to, and does not limit, the Legislation Act, section 84 (Saving of operation of repealed and amended laws).
 M 	442C	Transitional—development application lodged on or after commencement day for estate development plan given before commencement day
443	Transitional—applications for review not finally decided
	(1)	This section applies if, before commencement day—
	(a)	an application was made to the AAT for review of a decision of the Minister, or the planning and land authority, under the repealed Act; and
	(b)	the application had not been finally decided.
	(2)	To remove any doubt, the repealed Act (including the territory plan and any other instruments under the repealed Act) continues to apply for the purposes of deciding the application.
	(3)	To remove any doubt, this section is additional to, and does not limit, the Legislation Act, section 84 (Saving of operation of repealed and amended laws).
 M 	444	Transitional—approvals in force before commencement
	(1)	This section applies if, immediately before commencement day, a person had an approval under the repealed Act, part 6 (Approvals and orders).
	(2)	The approval—
	(a)	continues in force until the time when, under the repealed Act, it would have ended; and
	(b)	may be extended once under the repealed Act as if the repealed Act were still in force if the application for the extension is made—
	(i)	before the approval expires; and
	(ii)	not later than 6 months after commencement day.
 M 	444A	Commencement of development approvals under repealed Act
 M 	445	Transitional—approvals in force with uncommenced extension
	(1)	This section applies if, immediately before commencement day—
	(a)	a person had an approval under the repealed Act, part 6 (Approvals and orders); and
	(b)	an extension of the approval had been granted but had not commenced.
	(2)	The approval—
	(a)	continues in force under the repealed Act, as if the repealed Act had not been repealed; and
	(b)	ends at the end of the period for which the approval was extended under the repealed Act before commencement day.
 M 	446	Transitional—application for development approval if lease and development condition under repealed Act
	(1)	This section applies to a development application if the application is—
	(a)	not in the code track; and
	(b)	for development on land comprised in a lease to which a lease and development condition under the repealed Act applied immediately before commencement day.
	(2)	The planning and land authority, or Minister, must consider the lease and development condition in making a decision under section 162 (Deciding development applications) in relation to a development application if, and to the extent that, the territory plan requires the condition to be considered.
	(3)	This section expires 5 years after the day it commences.
 M 	446A	Transitional—power to make and apply lease and development conditions
	(1)	On and after the commencement day, the planning and land authority may make lease and development conditions and apply them in assessing a development application, and granting a development approval, to the extent that the territory plan requires.
	(2)	However, the planning and development authority may only exercise a power under subsection (1) in relation to a development application if—
	(a)	the application—
	(i)	was made before the commencement day; and
	(ii)	relates to land that was defined land when the application was made; and
	(iii)	is for approval to subdivide land, whether or not it is also for approval of something else; and
	(b)	the lease and development conditions are relevant to assessing the application and granting the approval.
	(3)	In this section:
defined land means land identified in the old territory plan for the repealed Act, subdivision 2.3.4.
old territory plan means the Territory Plan under the repealed Act.
	(4)	This section expires 5 years after the day it commences.

 M 	447	Transitional—extended meaning of development approval—s 199
In section 199:
development approval includes an approval under the repealed Act, part 6 (Approvals and orders) that is continued in force under this chapter.

Part 15.5	Transitional—existing rights to use land, buildings and structures
448	Transitional—existing rights to use land etc not affected
	(1)	This section applies if, immediately before commencement day—
	(a)	a person had a right to use land, or a building or structure on the land, in a way; and
	(b)	the person’s right to use the land, building or structure was authorised by—
	(i)	the repealed Act, section 175 (Use of land for leased purpose); or
	(ii)	a lease granted or varied under the repealed Act; or
	(iii)	a licence granted under the repealed Act; or
	(iv)	a permit granted under the Roads and Public Places Act 1937.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including a regulation or the territory plan (see Legislation Act, s 104).
	(2)	This section also applies if—
	(a)	before commencement day—
	(i)	a person had a right to use land, or a building or structure on the land; and
	(ii)	the right to use the land, building or structure was authorised by a lease (the old lease); and
	(iii)	the old lease expired; and
	(b)	the person applies for the grant of a further lease from the old lease under section 254; and
	(c)	section 254 applies to the person’s application because of section 452.
	(3)	The use of the land, building or structure in the way authorised is lawful, despite any other provision of this Act.
	(4)	However, this section does not apply to a use of land, or a building or structure on the land, if the use—
	(a)	is an authorised use under section 134 (Exempt development—authorised use); but
	(b)	is an exception to section 134 (1) because section 134 (2) or (3) apply in relation to the land.

Part 15.6	Transitional—leases and licences
449	Transitional—community leases
	(1)	To remove any doubt, after commencement day, a person may deal with a lease granted under the repealed Act, section 163 (Leases to community organisations) with the consent of the planning and land authority under this Act, section 265 (Restrictions on dealings with concessional leases).
	(2)	In this section:
deal with a lease—see section 234.
450	Transitional—special leases—s 251
	(1)	Section 251 also applies to a lease (a special lease) granted under the repealed Act, section 164 (Special leases).
	(2)	The planning and land authority must not consent under section 251 (7) to a person dealing with a special lease unless satisfied that the person to whom it is proposed that the lease should be assigned or transferred or the person to whom it is proposed that possession of the land should be given—
	(a)	is a person who, if the lease were being granted, could have been granted the lease in accordance with the repealed Act, section 164 as in force immediately before commencement day; and
	(b)	can satisfactorily continue to operate the lease for a purpose authorised by the lease.
	(3)	For a special lease, the restricted period under section 251 (7) is 5 years after the date the lease is granted.
	(4)	In this section:
deal with a lease—see section 251 (7).
451	Transitional—Leases Act 1918 leases—s 251
	(1)	Section 251 also applies to a lease (an old lease) granted under the Leases Act 1918, as in force at any time.
	(2)	The planning and land authority must not consent under section 251 (7) to a person dealing with an old lease unless satisfied that the person to whom it is proposed that the lease should be assigned or transferred or the person to whom it is proposed that possession of the land should be given—
	(a)	either—
	(i)	is a person who, if the lease were being granted, could have been granted the lease in accordance with the Leases Act 1918 (repealed); or
	(ii)	could be granted a lease under section 238 (1) (d) for the same purpose as, or a purpose similar to, the purpose under the old lease; and
Note	A lease must not be granted under s 238 (1) (d) if the criteria under s 240 are not satisfied.
	(b)	can satisfactorily continue to operate the lease for a purpose authorised by the lease.
	(3)	For an old lease, the restricted period under section 251 (7) is the term of the lease.
	(4)	In this section:
deal with a lease—see section 251 (7).
452	Transitional—extended application of s 254
Section 254 also applies to a person (the lessee) who held a lease (the old lease) under the repealed Act if—
	(a)	the old lease expired before commencement day; and
	(b)	the lessee applies to the planning and land authority for the grant of a further lease of the land; and
	(c)	the old lease expired not more than 6 months before the application for the grant of a further lease; and
	(d)	if the old lease is not a residential lease—all rent due under the old lease is paid; and
	(e)	the criteria (if any) prescribed by regulation for section 254 are satisfied.
453	Transitional—extended application of s 275
	(1)	Section 275 also applies to a lease granted under the repealed Act, section 164 (Special leases).
	(2)	This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
454	Transitional—extended application of s 284
Section 284 also applies to—
	(a)	a rural lease granted under the repealed Act, section 161 (Granting of leases) after 15 December 1999 for consideration less than the market value of the lease; and
	(b)	a lease granted under the repealed Act, section 171A (Grant of further rural leases) after 15 December 1999 on the payment of an amount worked out on the application of an amount condition mentioned in the repealed Act, section 171A (3) (a).
455	Transitional—effect of s 249
To remove any doubt, section 249 (No right to use, flow and control of water) does not apply in relation to leases or further leases granted before 11 December 1998.
456	Transitional—status of leases and licences
	(1)	This section applies to a lease or licence—
	(a)	granted or continued, or purported to have been granted or continued under the repealed Act; and
	(b)	in force immediately before commencement day.
	(2)	Subject to section 457, the lease or licence is taken, on and after commencement day, to have been granted under this Act.
456A	Transitional—application for extension of time to commence or complete building and development
	(1)	This section applies if, immediately before commencement day, a person had a lease requiring the commencement or completion of building or development to take place within a stated time.
	(2)	An extension of the stated time approved by the planning and land authority before commencement day continues in force under the repealed Act until the time when, under that Act, it would have ended, including any time on or after commencement day.
	(3)	The repealed Act continues to apply in relation to an application made to the planning and land authority before commencement day to extend the stated time, including for any period on or after commencement day, if the authority had not decided the application before commencement day.
	(4)	If an extension of time applied for under section 298A (Application for extension of time to commence or complete building and development) includes any period before commencement day—
	(a)	the repealed Act applies in relation to the application to the extent to which it relates to the period; and
	(b)	in particular, section 298A (3) (b) does not apply in relation to the application to the extent to which it relates to the period.
	(5)	A period of time before commencement day included in an extension of time approved by the planning and land authority in relation to the lease is not included in the prescribed period under section 298B (Extension of time to commence or complete building and development) in relation to an application under section 298A.
 M 	458	Transitional—applications for certain grants decided promptly
	(1)	This section applies if—
	(a)	a person applies for the grant of a lease under the repealed Act, section 161 (Granting of leases), section 163 (Leases to community organisations) or section 164 (Special leases); and
	(b)	immediately before commencement day, the planning and land authority has not decided the application; and
	(c)	not more than 6 months have passed since commencement day.
	(2)	The application may be decided under the repealed Act as if the repealed Act had not been repealed.
	(3)	However, if a lease is granted on the application, for this chapter, the lease is taken to have been granted immediately before commencement day.
459	Transitional—applications for certain grants decided after 6 months
	(1)	This section applies if—
	(a)	a person applies for the grant of a lease under the repealed Act, section 161 (Granting of leases), section 163 (Leases to community organisations) or section 164 (Special leases); and
	(b)	immediately before commencement day, the planning and land authority has not decided the application; and
	(c)	more than 6 months have passed since commencement day.
	(2)	The application is taken to have been made under this Act.
	(3)	If the application complied with the repealed Act when made, the application is taken to have been made in accordance with this Act.
 M 	459A	Transitional—contracts before commencement day to grant leases
 M 	459B	Transitional—conversion of Commonwealth leases
460	Transitional—applications for licences decided promptly
	(1)	This section applies if—
	(a)	a person applies for a licence under the repealed Act; and
	(b)	immediately before commencement day, the planning and land authority has not decided the application; and
	(c)	not more than 6 months have passed since commencement day.
	(2)	The application may be decided under the repealed Act as if the repealed Act had not been repealed.
	(3)	However, if a licence is granted on the application, for this chapter, the licence is taken to have been granted immediately before commencement day.
461	Transitional—applications for licence decided after 6 months
	(1)	This section applies if—
	(a)	a person applies for a licence under the repealed Act; and
	(b)	immediately before commencement day, the planning and land authority has not decided the application; and
	(c)	more than 6 months have passed since commencement day.
	(2)	The application is taken to have been made under this Act.
	(3)	If the application complied with the repealed Act when made, the application is taken to have been made in accordance with this Act.

Part 15.7	Transitional—controlled activities
462	Transitional—meaning of construction occupations licensee in s 345 (4)
In section 345 (4):
construction occupations licensee, in relation to conduct, includes a person who was a registered construction practitioner under the Construction Practitioners Registration Act 1998 when the conduct happened.
463	Transitional—certain controlled activities
A reference in schedule 2, item 4 to having a building or structure that was constructed without approval required by this Act, chapter 7 (Development approvals) includes a reference to having a building or structure that was constructed without approval required by—
	(a)	the Land (Planning and Environment) Act 1991, division 6.2 (Approvals) as in force at any time; or
	(b)	the Buildings (Design and Siting) Act 1964 as in force at any time.

Part 15.8	Transitional—administrative
464	Transitional—chief planning executive
	(1)	This section applies to a person who, immediately before commencement day, was the chief planning executive under the Planning and Land Act 2002.
	(2)	The person is taken to be the chief planning executive under this Act.
465	Transitional—land agency board members
	(1)	This section applies if, immediately before commencement day, a person is the chair, deputy chair, CEO or other member of the land agency board under the Planning and Land Act 2002.
Note	The CEO is a member of the governing board because of the Financial Management Act 1996, s 80 (2).
	(2)	The person continues to be the chair, deputy chair, CEO or other member of the land agency board under this Act.
466	Transitional—inspectors
	(1)	This section applies to a person—
	(a)	appointed as an inspector under the repealed Act, section 263; and
	(b)	who was an inspector immediately before commencement day.
	(2)	The person is taken to have been appointed as an inspector under this Act, section 387.
467	Transitional—plans of management
	(1)	This section applies to a plan of management under the repealed Act in force immediately before commencement day.
	(2)	The plan of management is taken to be a plan of management under this Act.
	(3)	This Act applies in relation to the plan of management—
	(a)	as if a reference in the plan to the Land (Planning and Environment) Act 1991 or the Land Act were a reference to this Act; and
	(b)	as if a reference to schedule 1 of the Land (Planning and Environment) Act 1991 or the Land Act were a reference to this Act, schedule 3; and
	(c)	as if a reference to section 197 of the Land (Planning and Environment) Act 1991 or the Land Act were a reference to this Act, section 320 (Preparation of plans of management); and
	(d)	as if a reference to part 4 of the Land (Planning and Environment) Act 1991 or the Land Act were a reference to this Act, chapter 8 (Environmental impact statements and inquiries); and
	(e)	with any necessary change and any change prescribed by regulation.
	(4)	This section is not a section to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
	(5)	This section expires on 1 January 2012.

Schedule 1	Reviewable decisions, eligible entities and interested entities
    
(see s 407)

column 1
item	column 2
reviewable decision	column 3
decision-maker	column 4
eligible entities	column 5
interested entities	
1	decision under s 141 (4) to refuse to extend the period within which further information must be provided	planning and land authority	applicant for extension of time	entity that made representation under s 156 in relation to the application	
2	decision under s 162 to approve a development application in the code track subject to conditions	planning and land authority	applicant		
3	decision under s 162 to approve a development application in the merit track subject to a condition or to refuse to approve the application, to the extent that the decision—
(a)	is subject to a rule and does not comply with the rule; or
(b)	is not subject to a rule	planning and land authority	applicant	entity that made representation under s 156 in relation to the application	
4	decision under s 162 to approve a development application in the merit track, whether subject to a condition or otherwise, if—
(a)	the application was required to be notified under s 153 and s 155, whether or not it was also required to be notified under s 154; and
(b)	the application is not exempted by regulation.
	planning and land authority	an entity if—
(a)	the entity made a representation under s 156 about the development proposal or had a reasonable excuse for not making a representation; and
(b)	the approval of the development application may cause the entity to suffer material detriment	the approval-holder	
5	decision under s 162 to approve a development application in the impact track subject to a condition, or to refuse to approve the application	planning and land authority	applicant	entity that made a representation under s 156 in relation to the application	
6	decision under s 162 to approve a development application in the impact track, whether subject to a condition or otherwise, unless the application is exempted by regulation	planning and land authority	an entity if—
(a)	the entity made a representation under s 156 about the development proposal or had a reasonable excuse for not making a representation; and
(b)	the approval of the development application may cause the entity to suffer material detriment	the approval-holder	
7	decision of entity required, under condition on development approval, to be satisfied in relation to carrying out of development or stage of development (see s 165 (3) (a))	entity whose satisfaction required by condition on development approval	approval holder	planning and land authority	
8	decision under s 165 (5) to refuse to approve an amendment of a plan, drawing or other document approved in accordance with a condition of a development approval	planning and land authority	approval holder	entity that made representation under s 156 in relation to the application for development approval	
9	decision under s 184 (3) to refuse to extend the prescribed period for finishing development or stage of development	planning and land authority	approval holder	entity that made representation under s 156 in relation to the application for the development approval	
10	decision under s 189 to revoke development approval	planning and land authority	approval holder of approval revoked	entity that made representation under s 156 in relation to the application for the development approval	
11	decision under s 193 (1) (b) (i) on reconsideration to approve application subject to condition	planning and land authority	applicant for reconsideration	entity that made representation under s 156 in relation to the application the approval of which was reconsidered	
12	decision under s 193 (1) (b) (i) on reconsideration	planning and land authority	an entity if—
(a)	the entity made a representation under s 156 about the development proposal or had a reasonable excuse for not making a representation; and
(b)	the approval of the development application may cause the entity to suffer material detriment
	applicant for reconsideration	
13	decision under s 193 (1) (b) (ii) to confirm original decision on reconsideration	planning and land authority	applicant for reconsideration	entity that made representation under s 156 in relation to the application the approval of which was reconsidered	
14	decision under s 198 to refuse to amend development approval	planning and land authority	approval holder	entity that made representation under s 156 in relation to the application for development approval	
15	decision under s 238 to refuse to grant a lease to a person by direct sale	planning and land authority	applicant for grant of lease		
16	decision under s 250 (2) to end person’s right to be granted a lease	planning and land authority	person whose right is ended		
17	decision under s 252 to refuse to consent to a dealing with a lease	planning and land authority	lessee		
18	decision under s 254 to refuse to grant a further lease	planning and land authority	applicant for grant of further lease		
19	decision under s 257 or s 258 that a lease is, or is not, a concessional lease	planning and land authority	lessee		
20	decision under s 263 about the payout amount for a concessional lease	planning and land authority	lessee		
21	decision under s 266 to refuse to consent to a dealing with a lease	planning and land authority	lessee		
22	decision under s 268 to confirm variation of rent after review	planning and land authority	lessee		
23	decision under s 268 to set aside variation and substitute another variation of rent after review	planning and land authority	lessee		
24	decision under s 271 adjusting rent after reappraisal	planning and land authority	lessee		
25	decision under s 272B (2) (d) about amount payable for variation to reduce rent payable under lease to nominal rent	planning and land authority	lessee		
26	decision under s 277 about the amount of change of use charge for variation of lease	planning and land authority	lessee		
27	decision under s 278 about amount of remission of change of use charge for variation of lease	planning and land authority	lessee		
28	decision under s 279 about the amount of an increase of change of use charge for variation of lease	planning and land authority	lessee		
29	decision under s 295 (2) about market value of improvements on land	planning and land authority	lessee		
30	decision under s 296 (1) to refuse to issue a certificate of compliance	planning and land authority	lessee		
31	decision under s 296 (2) to issue certificate of compliance stating that building and development provision has been partly complied with	planning and land authority	lessee		
32	decision under s 296 (2) to issue a certificate of compliance subject to condition that lessee provide security	planning and land authority	lessee		
33	decision under s 296 (2) to refuse to issue a certificate of compliance	planning and land authority	lessee		
34	decision under s 298 to refuse to consent to the assignment or transfer of a lease or interest in a lease	planning and land authority	lessee		
35	decision under s 298B to approve an extension of a stated time for a shorter period than that sought	planning and land authority	lessee		
36	decision under s 298B to refuse an extension of a stated time	planning and land authority	lessee		
37	decision under s 299 (2) to refuse to accept the surrender of a lease, or part of land comprised in lease	planning and land authority	person surrendering lease or part of land comprised in lease		
38	decision under s 299 (2) to accept the surrender of a lease, or part of land comprised in lease, subject to a condition	planning and land authority	person surrendering lease or part of land comprised in lease		
39	decision under s 300 to refuse to authorise payment of prescribed amount for surrendered or terminated lease	planning and land authority	person surrendering lease or whose lease is terminated		
40	decision under s 351 to make a controlled activity order other than the order applied for	planning and land authority	applicant for controlled activity order		
41	decision under s 351 to refuse to make a controlled activity order	planning and land authority	applicant for controlled activity order		
42	decision under s 351 to make a controlled activity order	planning and land authority	person against whom order directed
lessee of land to which order relates
occupier of land to which order relates		
43	decision under s 355 to make a controlled activity order	planning and land authority	person against whom order directed
lessee of land to which order relates
occupier of land to which order relates		
44	decision under s 363 (4) to refuse to revoke a controlled activity order	planning and land authority	applicant for revocation
lessee of land to which order relates
occupier of land to which order relates		
45	decision under s 377 (3) to give a prohibition notice	planning and land authority	person against whom notice directed
lessee of land to which notice relates
occupier of land to which notice relates		
46	decision under s 380 (3) to refuse to revoke a prohibition notice	planning and land authority	applicant for revocation
lessee of land to which notice relates
occupier of land to which notice relates		
47	decision under s 382 to terminate a lease	planning and land authority	person whose lease is terminated		
48	decision under s 383 to terminate a licence	planning and land authority	person whose licence is terminated		
49	decision under s 417 to refuse to grant a right to extract minerals	planning and land authority	person applying for grant of right		

Schedule 2	Controlled activities
(see s 339 and s 361)

column 1
item	column 2
controlled activities	column 3
penalty	
1	failing to comply with—
(a)	a provision of a lease; or
(b) 	if a lease is granted subject to the lessee entering into a development agreement and the lessee has entered into such an agreement—the development agreement	60 penalty units	
2	failing to keep a leasehold clean	60 penalty units	
3	undertaking a development for which development approval is required—
(a)	without development approval; or
(b)	other than in accordance with the development approval	60 penalty units	
4	having a building or structure that was constructed without approval required by this Act, chapter 7 (Development approvals)	60 penalty units	
5	using unleased territory land in a way that is not authorised by a licence under this Act or permit under the Roads and Public Places Act 1937	60 penalty units	
6	managing land held under a rural lease other than in accordance with the land management agreement that applies to it	60 penalty units	
7	failing to enter into a land management agreement as required under section 286	60 penalty units	

Schedule 3	Management objectives for public land
(see s 317)

column 1
item	column 2
reserve	column 3
management objectives	
1	wilderness area	1	to conserve the natural environment in a manner ensuring that disturbance to that environment is minimal	
		2	to provide for the use of the area (other than by vehicles or other mechanised equipment) for recreation by limited numbers of people, so as to ensure that opportunities for solitude are provided	
2	national park	1	to conserve the natural environment	
		2	to provide for public use of the area for recreation, education and research	
3	nature reserve	1	to conserve the natural environment	
		2	to provide for public use of the area for recreation, education and research	
4	special purpose reserve	1	to provide for public and community use of the area for recreation and education	
5	urban open space	1	to provide for public and community use of the area	
		2	to develop the area for public and community use	
6	cemetery or burial ground	1	to provide for the interment or cremation of human remains and the interment of the ashes of human remains	
7	protection of water supply	1	to protect existing and future domestic water supply
2	to conserve the natural environment
3	to provide for public use of the area for education, research and low-impact recreation	
8	lake	1	to prevent and control floods by providing a reservoir to receive flows from rivers, creeks and urban run-offs	
		2	to prevent and control pollution of waterways	
		3	to provide for public use of the lake for recreation	
		4	to provide a habitat for fauna and flora	
9	sport and recreation reserve	1	to provide for public and community use of the area for sport and recreation	
10	heritage area	1	to conserve natural and cultural heritage places and objects, including Aboriginal places and objects
2	to provide for public use of the area for recreation, education and research as appropriate, and having proper regard to natural and cultural values	
Note	Natural environment—see s 317.

Schedule 4	Development proposals in impact track because of need for EIS
(see s 123 (b))
Part 4.1	Interpretation—sch 4
4.1	Definitions—sch 4
In this schedule:
biodiversity corridor means a river corridor or wildlife corridor identified in the territory plan or in a nature conservation strategy, or action plan, under the Nature Conservation Act 1980.
clearing, of native vegetation—see the Nature Conservation Act 1980, section 74.
correctional centre—see the Corrections Management Act 2006, dictionary.
Corrections Management Act 2006—see the Crimes (Sentence Administration) Act 2005, section 603.
domestic water supply catchment means a domestic water supply catchment identified in the territory plan.
ecological community—see the Nature Conservation Act 1980, dictionary.
endangered—see the Nature Conservation Act 1980, dictionary.
flora and fauna committee means the Flora and Fauna Committee established under the Nature Conservation Act 1980, section 13.
major road means a road with physically separated carriageways, which has at least 4 lanes (in either direction) and is at least 1km long.
municipal waste—
	(a)	means—
	(i)	domestic waste left for kerbside collection or taken directly to a waste station or transfer station; and
	(ii)	waste produced from maintaining the environment, for example, from street cleaning, emptying public rubbish bins and cleaning parks; but
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).
	(b)	does not include sewage.
native vegetation—see the Nature Conservation Act 1980, section 73.
protected—a species is protected if the species is a protected fish, protected invertebrate, protected native animal or protected native plant under the Nature Conservation Act 1980.
regulated waste—see the Environment Protection Act 1997, schedule 1, section 1.1A.
special protection status, in relation to a species—see the Nature Conservation Act 1980, dictionary.
threatening process means a process declared to be a threatening process under the Nature Conservation Act 1980, section 38 (4).
vulnerable, in relation to a species—see the Nature Conservation Act 1980, dictionary.
water sensitive urban design means a design in accordance with a water sensitive urban code in the territory plan.

Part 4.2	Development proposals requiring EIS—activities

column 1
item	column 2
development proposal	
1	proposal for a linear transport system corridor (for example, construction of new corridor or realignment outside existing corridor) intended to result in a major road, bus way, railway, light rail or tramway, and that is likely to have a significant impact on air quality or ambient noise or cause a significant level of vibration, significant visual intrusion or significant impact on a residential area
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	proposal for electricity generation works or distribution corridor, including a proposal including all or any of the following:
	(a)	transmission line corridor construction, or realignment works, outside an existing corridor that are intended to carry transmission lines with a voltage of 132kV or more;
	(b)	a hydroelectric facility that requires a new dam, weir or inter-valley transfer of water and that will generate 1 megawatt or more of electrical power;
	(c)	a wind farm that will consist of 5 or more turbines or will generate 5 megawatts or more of electrical power;
	(d)	an electricity generating station that will supply 30 megawatts or more of electrical power;
	(e)	an electricity generating station if the temperature of water released from the station into a body of water (other than an artificial body of water) is likely to vary by more than 2oC from the ambient temperature of the receiving water	
3	proposal for construction of a dam that will—
	(a)	be at least 10m high, with a storage capacity of at least 20 000m3; or
	(b)	be at least 5m high, with a storage capacity of at least 50 000m3	
4	proposal for construction of an airport or facility for the landing, taking off or parking of planes or helicopters, including a terminal or building for the parking, servicing, maintenance of aircraft, or another area for the maintenance of installations at the airport or facility or movement of aircraft or equipment used at the airport or facility	
5	proposal for construction of a sewage treatment plant (other than a septic tank that services residential premises), or sewer reticulation system, designed to service a residential subdivision that—
(a)		will be able to process more than 2 500 people equivalent capacity or 750kL each day; or
	(b)	will have capacity to store more than 1kt of sewage, sludge or effluent; or
	(c)	will incinerate sewage or sewage products; or
	(d)	is to be within 100m of a body of water, whether natural or artificial, waterway or wetland; or
	(e)	is to be in an area with a high watertable, highly permeable soils, sodic soils or saline soils; or
(f)	 	is to be in a domestic water supply catchment; or
	(g)	is to be within 2km of a residential zone and, taking into consideration the topography and local weather conditions, is likely to significantly affect the amenity of the neighbourhood because of noise, odour, dust, vermin attracted, lights, traffic or waste	
6	proposal for construction of a correctional centre	
7	proposal for construction of a petroleum storage facility with a storage capacity greater than 500kL of petroleum products at 1 time	
8	proposal for construction of a permanent public entertainment or sporting venue, including a motor sports facility or venue where motor sports are held, if the venue will—
	(a)	hold at least 2 000 people; or
	(b)	hold less than 2 000 people and be within 1.5km of a residential zone	
9	proposal for use of land for landfill if—
	(a)	the intended capacity of the land is more than 5kt each year, or 20kt in total; or
	(b)	the landfill will be—
(i)	within 100m of a body of water (whether natural or artificial), waterway or wetland; or
(ii)	in an area with a high watertable, highly permeable soils, sodic soils or saline soils; or
(iii)	in a domestic water supply catchment; or
(iv)	within 2km of a residential zone and, taking into consideration the topography and local weather conditions, is likely to significantly affect the amenity of the neighbourhood because of noise, odour, dust, vermin attracted, lights, traffic or waste	
10	proposal for the construction of a waste management facility for—
	(a)	the destruction of waste, including biological, veterinary, medical, clinical, dental, quarantine and municipal waste, by incineration (that is, thermal oxidation); or
	(b)	the sterilisation of clinical waste; or
	(c)	the storage, treatment, disposal, processing, recycling, recovery, use or reuse of regulated waste	
11	proposal for a transfer station or material recycling facility that sorts, consolidates or temporarily stores solid waste (including municipal waste) for transfer to another site for disposal, storage, reprocessing, recycling, use or reuse, that—
	(a)	is intended to handle more than 30kt of waste each year; or
	(b)	is to be within 100m of a body of water (whether natural or artificial), waterway or wetland; or
	(c)	is to be within 2km of a residential zone and, taking into consideration the topography and local weather conditions, is likely to significantly affect the amenity of the neighbourhood because of noise, odour, dust, vermin attracted, lights or traffic	
12	proposal for construction of a wastewater treatment plant that will have a capacity to reuse more than 3ML of wastewater (including effluent but excluding stormwater) each year and is to be—
	(a)	within 100m of a body of water (whether natural or artificial), waterway or wetland; or
	(b)	in an area with a high watertable or highly permeable soils; or
	(c)	in a domestic water supply catchment; or
	(d)	within 2km of a residential zone and, taking into consideration the topography and local weather conditions, is likely to significantly affect the amenity of the neighbourhood because of noise, odour, dust, vermin attracted, lights, traffic or waste	

Part 4.3	Development proposals requiring EIS—areas and processes

column 1
item	column 2
proposal	
1	proposal that is likely to adversely impact on the conservation status of—
	(a)	a species or ecological community that is endangered; or
	(b)	a species that is vulnerable; or
	(c)	a species that is protected; or
	(d)	a species with special protection status; or
	(e)	a species or ecological community if the flora and fauna committee has specified criteria for assessing whether the committee should recommend the making of a declaration under the Nature Conservation Act 1980, section 38 (Declaration of species, community or process) in relation to the species or ecological community; or
Note	Criteria are specified under the Nature Conservation Act 1980, s 35.  An instrument under that Act, s 35 is a disallowable instrument and must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(f) 		an endangered species, an endangered population, an endangered ecological community, a critically endangered species, a critically endangered ecological community or presumed extinct under the Threatened Species Conservation Act 1995 (NSW), if the potential impact of the proposal will be on the species or community in New South Wales	
2	proposal that is likely to contribute to a threatening process in relation to a species or an ecological community	
3	proposal involving—
	(a)	the clearing of more than 0.5ha of native vegetation; or
	(b)	the clearing of native vegetation if the clearing could have a significant impact on land identified in a nature conservation strategy, or action plan, under the Nature Conservation Act 1980 or a biodiversity corridor	
4	proposal with the potential to have a significant impact on the management objectives for land reserved under section 315 for the purpose of a wilderness area, national park, nature reserve or special purpose reserve	
5	proposal with the potential to have a significant impact on—
(a)	a domestic water supply catchment; or
(b)	a water use purpose mentioned in the territory plan (water use and catchment general code); or
(c)	a prescribed environmental value mentioned in the territory plan, (water use catchment general code) of a natural waterway or aquifer 	
6	proposal that is likely to result in environmentally significant water extraction or consumption, other than a proposal for the use of a stormwater system or other wastewater reuse scheme that is part of a residential subdivision and is a water sensitive urban design	
7	proposal with the potential to have a significant impact on the heritage significance of a place or object registered, or nominated for provisional registration, under the Heritage Act 2004	
8	proposal involving—
	(a)	land registered in the register of contaminated sites kept under the Environment Protection Act 1997; or
	(b)	land potentially contaminated in a way that is causing, or is likely to cause, a significant risk of harm to people’s health or the environment	
9	proposal with the potential to adversely affect the integrity of a site where significant environmental or ecological scientific research is being conducted by a government entity, a university or another entity prescribed by regulation 	
10	proposal for an on-going commercial, aquatic, recreational activity on an urban lake or waterway	
11	proposal to vary a lease to change its concessional status	
Note	A development application for a development proposal must include an EIS in relation to the proposal if the impact track applies to it because of a declaration under s 125 (Declaration by Public Health Act Minister affects assessment track).

Dictionary
(see s 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	AAT
·	appoint
·	commissioner for revenue
·	conservator of flora and fauna
·	contravene
·	corporation
·	document
·	domestic partner (see s 169 (1))
·	emergency services authority
·	entity
·	environment protection authority
·	Executive
·	exercise
·	function
·	may (see s 146)
·	month
·	must (see s 146)
·	national capital authority
·	national capital plan
·	person
·	quarter
·	registered surveyor
·	registrar-general
·	territory land
·	the Territory
·	under.
Aboriginal object—see the Heritage Act 2004, section 9.
Aboriginal place—see the Heritage Act 2004, section 9.
act includes omission.
additional rent means amounts payable under a lease in addition to rent owed under the lease because rent or other amounts owing under the lease have not been paid as required.
approval holder means a person whose application for development approval has been approved (whether subject to a condition or otherwise) if the approval is in force.
associate, of a person, means—
	(a)	the person’s business partner; or
	(b)	a close friend of the person; or
	(c)	a family member of the person.
associated document, for part 3.6 (Public register and associated documents)—see section 30.
authorised person, for part 11.4 (Rectification work)—see section 368 (1).
authority means the Planning and Land Authority established under section 10 (1).
authority website means the website declared under section 422.
background papers, for part 5.3 (Variations of territory plan other than technical amendments)—see section 58.
biodiversity corridor, for schedule 4 (Development proposals in impact track because of need for EIS)—see schedule 4, section 4.1.
building and development provision, for chapter 9 (Leases and licences)—see section 234.
business hours, in relation to premises—
	(a)	means 9.00 am to 5.00 pm on a working day; and
Note	Working day means a day that is not a Saturday or Sunday or a public holiday in the ACT under the Holidays Act 1958 (see Legislation Act, dict, pt 1).
	(b)	if the premises are not residential premises—includes any period the premises are open for business outside the period mentioned in paragraph (a).
certificate of compliance means a certificate issued under section 296.
certification of occupancy means a certificate issued under the Building Act 2004, section 69.
change of use charge, for a variation of a lease, means the change of use charge for the lease worked out under section 277.
chief executive officer means the chief executive officer of the land agency.
chief planning executive means the Chief Planning Executive appointed under section 21.
clearing, of native vegetation, for schedule 4 (Development proposals in impact track because of need for EIS)—see the Nature Conservation Act 1980, section 74.
code means a code in the territory plan.
code track—see section 112 (2) (a).
Note	Div 7.2.2 deals with the code track.
code variation, for part 5.4 (Plan variations—technical amendments)—see section 87 (b).
complainant—see section 341 (1) (b).
complaint, for chapter 11 (Compliance), means a complaint under section 341.
completed, for an EIS—see section 209.
concept plan means a concept plan under section 93.
concessional lease—see section 235.
connected, for chapter 12 (Enforcement)—see section 386.
conservation requirement—see the Heritage Act 2004, dictionary.
consolidation, for chapter 9 (Leases and licences)—see section 234.
construct, for a building or structure, includes put up the building or structure.
consultation comments, for part 5.3 (Variations of territory plan other than technical amendments)—see section 63 (1) (b).
consultation notice, for part 5.3 (Variations of territory plan other than technical amendments)—see section 63 (1).
consultation period, for part 5.3 (Variations of territory plan other than technical amendments)—see section 63 (1) (a).
controlled activity—see section 339.
controlled activity order means an order made under part 11.3.
correctional centre, for schedule 4 (Development proposals in impact track because of need for EIS)—see schedule 4.
corresponding plan variation, for part 5.3 (Variations of territory plan other than technical amendments)—see section 58.
criteria, in relation to a code, means the criteria in the code.
custodian—see section 333.
custodianship map means the map created and notified under section 334. 
deal with a lease, for chapter 9 (Leases and licences)—see section 234.
deciding a development application means approving (whether subject to a condition or otherwise) or refusing the development application.
decision-maker, for chapter 13 (Review of decisions)—see section 407.
declared site—see the Tree Protection Act 2005, dictionary.
defined period, for part 10.6 (Leases for public land)—see section 335.
designated area—see the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth), section 4.
development, in relation to land—see section 7.
development application means an application in relation to a development proposal made under chapter 7 (Development approvals).
development approval means development approval under chapter 7 (Development approvals).
development code—see section 55 (4).
development proposal means a proposal for development, whether in a development application or otherwise.
development table, for a development or development proposal, means the development table in the territory plan that covers the zone in which the development or development proposal is to take place (see s 54).
discharge amount, for division 9.7.2 (Exceptions for rural leases)—see section 282.
domestic water supply catchment, for schedule 4 (Development proposals in impact track because of need for EIS)—see schedule 4, section 4.1.
draft EIS, for chapter 8 (Environmental impact statements and inquiries)—see section 216 (2) (a).
draft plan variation—see section 60.
ecological community, for schedule 4 (Development proposals in impact track because of need for EIS)—see the Nature Conservation Act 1980, dictionary.
EIS—see section 208.
eligible entity, for chapter 13 (Review of decisions)—see section 407.
endangered, for schedule 4 (Development proposals in impact track because of need for EIS)—see the Nature Conservation Act 1980, dictionary.
environment—each of the following is part of the environment:
	(a)	the soil, atmosphere, water and other parts of the earth;
	(b)	organic and inorganic matter;
	(c)	living organisms;
	(d)	structures, and areas, that are manufactured or modified;
	(e)	ecosystems and parts of ecosystems, including people and communities;
	(f)	qualities and characteristics of areas that contribute to their biological diversity, ecological integrity, scientific value, heritage value and amenity;
	(g)	interactions and interdependencies within and between the things mentioned in paragraphs (a) to (f);
	(h)	social, aesthetic, cultural and economic characteristics that affect, or are affected by, the things mentioned in paragraphs (a) to (f).
Note	Environmental has a corresponding meaning to environment (see Legislation Act, s 157).
environmental impact statement means an EIS (see s 208).
error variation, for part 5.4 (Plan variations—technical amendments)—see section 87 (a).
estate development plan—see section 94.
exclusion application—see section 411 (3).
exempt, in relation to a development proposal or development, means the development proposed or development is exempt from requiring development approval under a development table or by regulation.
exempt development—see section 133.
flora and fauna committee, for schedule 4 (Development proposals in impact track because of need for EIS), means the Flora and Fauna Committee established under the Nature Conservation Act 1980, section 13.
formal error means—
	(a)	a clerical error; or
	(b)	an error arising from an accidental slip or omission; or
	(c)	a defect of form.
future public land, for part 10.6 (Leases for public land)—see section 335.
future urban area means an area of territory land identified in the territory plan for future urban development.
general code—see section 55 (5).
heritage direction—see the Heritage Act 2004, section 62.
holding period, for division 9.7.2 (Exceptions for rural leases)—see section 282.
impact track—see section 112 (2) (c).
Note	Div 7.2.4 deals with the impact track.
improvement, for part 9.8 (Leases—improvements)—see section 288.
in an assessment track—a development proposal is in an assessment track if the assessment track applies to the proposal.
inquiry means an inquiry into an EIS established under section 228.
inquiry panel—see section 228 (1) (a).
inspector means a person appointed under section 387.
interested entity, for chapter 13 (Review of decisions)—see section 407. 
land agency means the Land Development Agency established under section 31.
land agency board means the governing board of the land agency.
land agency board member means a member of the land agency board.
land management agreement means an agreement under section 283.
Note	A reference to an instrument (including a land management agreement) includes a reference to the instrument as originally made and as amended (see Legislation Act, s 102).
land rent lease—see the Land Rent Act 2008, section 7 (4).
lease—see section 235.
leasehold, of a lessee, means the land held under the lease.
lessee—
	(a)	for chapter 9 (Leases and licences)—see section 234; and
	(b)	for part 9.8 (Leases—improvements)—see section 288.
limited consultation, for part 5.4 (Plan variations—technical amendments)—see section 90.
major road, for schedule 4 (Development proposals in impact track because of need for EIS)—see schedule 4, section 4.1.
management objectives, for chapter 10 (Management of public land)—see section 317.
market value, for chapter 9 (Leases and licences)—see section 234.
market value lease means a lease other than a concessional lease.
material detriment—see section 419.
merit track—see section 112 (2) (b).
Note	Div 7.2.3 deals with the merit track.
monitoring warrant—see section 402M.
municipal waste, for schedule 4 (Development proposals in impact track because of need for EIS)—see schedule 4.
native vegetation, for schedule 4 (Development proposals in impact track because of need for EIS)—see the Nature Conservation Act 1980, section 73.
natural environment, for schedule 3 (Management objectives for public land)—see section 317 (6).
nominal rent lease means a lease for nominal rent.
objectives, for a zone, means the objectives in the territory plan for the zone (see s 51 (1) (b) and s 53).
occupier, for chapter 12 (Enforcement)—see section 386.
offence, for chapter 12 (Enforcement)—see section 386.
ongoing controlled activity order—see section 356.
original application, for division 7.3.10 (Reconsideration of development applications for approval)—see section 191 (1) (a).
original decision, for division 7.3.10 (Reconsideration of development applications for approval)—see section 191 (1) (a).
plan means the territory plan under section 46.
planning and land authority means the Planning and Land Authority established under section 10 (1).
planning report—see section 97.
planning strategy means the planning strategy under section 105.
plan of management, for chapter 10 (Management of public land)—see section 313.
plan variation, for part 5.3 (Variations of territory plan other than technical amendments)—see section 58.
precinct code—see section 55 (3).
premises, for chapter 12 (Enforcement)—see section 386.
prohibited—
	(a)	a development is prohibited if the development is prohibited under the relevant development table or under section 136 (2); and
	(b)	a development proposal is prohibited if any part of the development proposed by the proposal is prohibited.
prohibition notice—see section 377 (1).
proponent—
	(a)	for a development proposal, for chapter 8 (Environmental impact statements and inquiries)—see section 206; or
	(b)	for part 10.4 (Plans of management for public land)—see section 318.
protected, for schedule 4 (Development proposals in impact track because of need for EIS)—see schedule 4, section 4.1.
provision of a lease, for chapter 9 (Leases and licences)—see section 234.
public availability notice, for a draft plan variation, for part 5.3 (Variations of territory plan other than technical amendments)—see section 70.
public consultation period means—
	(a)	for a development application—see section 157; or
	(b)	for a draft EIS—see section 218.
Public Health Act Minister means the Minister responsible for the Public Health Act 1997, section 134 (Development approvals under Planning and Development Act, s 125).
public land means land identified by the territory plan as public land.
publicly notifies, in relation to a development application—see section 152.
public register means the register kept by the planning and land authority under section 27.
reconsideration application, for division 7.3.10 (Reconsideration of development applications for approval)—see section 191 (3).
rectification work, for part 11.4—see section 365.
rectification work order—see section 402B.
registered interest, in a lease, means an interest in the lease registered under the Land Titles Act 1925.
registered lease, for chapter 9 (Leases and licences)—see section 234.
registered proprietor, for chapter 9 (Leases and licences)—see section 234.
registered tree—see the Tree Protection Act 2005, section 9.
regulated tree—see the Tree Protection Act 2005, section 10.
regulated waste, for schedule 4 (Development proposals in impact track because of need for EIS)—see the Environment Protection Act 1997, schedule 1, section 1.1A.
relevant code, for a development proposal, means a code that the relevant development table applies to the proposal.
relevant development table, for a development proposal, means the development table that applies to the proposal.
relevant rules, for a development proposal, means the rules that apply to the proposal in each relevant code.
remote application—
	(a)	for part 12.5A (Rectification work orders)—see section 402A; and
	(b)	for part 12.5B (Monitoring warrants)—see section 402L.
remote order, for part 12.5A (Rectification work orders)—see section 402A.
remote warrant, for part 12.5B (Monitoring warrants)—see section 402L.
rental lease, for chapter 9 (Leases and licences)—see section 234.
representation—
	(a)	about a development application, means a representation made under section 156; or
	(b)	for chapter 8 (Environmental impact statements and inquiries)—see section 206.
representative Aboriginal organisation—see the Heritage Act 2004, section 14.
residential lease, for chapter 9 (Leases and licences)—see section 234.
reviewable decision—see section 407.
rules, in relation to a code, means the rules set out in the code.
rural lease, for chapter 9 (Leases and licences)—see section 234.
s 125-related EIS—see section 208.
scoping document, for chapter 8 (Environmental impact statements and inquiries)—see section 212 (2) (b).
SEA means strategic environmental assessment.
search warrant means a warrant issued under part 12.5.
sewage—see the Water and Sewerage Act 2000, dictionary.
show cause notice—
	(a)	for division 11.3.1 (Controlled activity orders on application)—see section 350 (3); and
	(b)	for division 11.3.2 (Controlled activity orders on authority’s initiative)—see section 353 (2).
special protection status, for schedule 4 (Development proposals in impact track because of need for EIS)—see schedule 4, section 4.1.
statement of planning intent—see section 16 (Statement of planning intent).
statement of strategic directions means the statement of strategic directions in the territory plan (see s 51 and s 52).
strategic environmental assessment—see section 99.
structure includes a fence, retaining wall, swimming pool, ornamental pond, mast, antenna, aerial, road, footpath, driveway, carpark, culvert or service conduit or cable.
structure plan—see section 92.
subdivision, for chapter 9 (Leases and licences)—see section 234.
sublease, for chapter 9 (Leases and licences)—see section 234.
sublessee, for chapter 9 (Leases and licences)—see section 234.
sustainable development—see section 9.
tax includes duty, fee or charge.
technical amendments—see section 87.
territory plan means the territory plan under section 46.
territory plan map—see section 51 (1) (e).
the inter-generational equity principle—see section 9.
the precautionary principle—see section 9.
threatening process, for schedule 4 (Development proposals in impact track because of need for EIS)—see schedule 4.
tree management plan—see the Tree Protection Act 2005, dictionary.
undertaken, for part 9.8 (Leases—improvements)—see section 288.
use land, or a building or structure on the land—see section 8. 
variation—
	(a)	of a lease—
	(i)	includes the surrender of the lease and the grant of a new lease to the same lessee, subject to different provisions, over land that—
	(A)	is all or part of the land comprised in the surrendered lease; and
	(B)	is not in an area identified in the territory plan as a future urban area; and
	(ii)	without limiting subparagraph (i), includes the surrender of a concessional lease and the grant of a new lease to the same lessee as a market value lease; and
	(iii)	includes the consolidation or subdivision of the lease within the meaning of section 234; but
	(iv)	does not include the surrender of the lease and the grant of a further lease under section 254 (Grant of further leases); and
	(b)	of a plan of management, for chapter 10 (Management of public land)—see section 313 (Definitions—ch 10).
Note	The terms ‘vary’ a lease and ‘lease variation’ have meanings corresponding to ‘variation of a lease’ (see Legislation Act, s 157 (Defined terms—other parts of speech and grammatical forms)).
vulnerable, for schedule 4 (Development proposals in impact track because of need for EIS)—see schedule 4, section 4.1.
water sensitive urban design, for schedule 4 (Development proposals in impact track because of need for EIS)—see schedule 4, section 4.1.
zone means a zone identified in the territory plan.

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
Planning and Development Act 2007 A2007-24
notified LR 13 September 2007
s 1, s 2 commenced 13 September 2007 (LA s 75 (1))
ss 432-434 commenced 27 September 2007 (s 2 and CN2007-13)
remainder commenced 31 March 2008 (s 2 and CN2008-1)
as amended by
Planning and Development (Consequential Amendments) Act 2007 A2007-25 sch 1 pt 1.24
notified LR 13 September 2007
s 1, s 2 commenced 13 September 2007 (LA s 75 (1))
sch 1 pt 1.24 commenced 31 March 2008 (s 2 and see A2007-24, s 2 and CN2008-1)
Building Legislation Amendment Act 2007 A2007-26 sch 1 pt 1.5
notified LR 13 September 2007
s 1, s 2 commenced 13 September 2007 (LA s 75 (1))
sch 1 pt 1.5 commenced 31 March 2008 (s 2 (2) and see A2007-24, s 2 and CN2008-1)
Planning and Development Legislation Amendment Act 2008 A2008-4 pt 2
notified LR 18 March 2008
s 1, s 2 commenced 18 March 2008 (LA s 75 (1))
pt 2 commenced 31 March 2008 (s 2 and see A2007-24, s 2 and CN2008-1)
as modified by
Planning and Development Regulation 2008 SL2008-2 (as am by SL2008-8, SL2008-27, SL2008-31, SL2008-41)
notified LR 3 March 2008
s 1, s 2 commenced 3 March 2008 (LA s 75 (1))
remainder commenced 31 March 2008 (s 2 and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1)
Planning and Development Amendment Regulation 2008 (No 1) SL2008-8
notified LR 27 March 2008
s 1, s 2 commenced 27 March 2008 (LA s 75 (1))
remainder commenced 31 March 2008 (s 2 and see Planning and Development Regulation 2008 SL2008-2, s 2, Planning and Development Act 2007 A2007-24, s 2 and CN2008-1)
Note	This regulation only amends the Planning and Development Regulation 2008 SL2008-2.
Planning and Development Amendment Regulation 2008 (No 2) SL2008-27
notified LR 30 June 2008
s 1, s 2 commenced 30 June 2008 (LA s 75 (1))
remainder commenced 1 July 2008 (s 2)
Note	This regulation only amends the Planning and Development Regulation 2008 SL2008-2.
as amended by
Land Rent Act 2008 A2008-16 sch 1 pt 1.2
notified LR 30 June 2008
s 1, s 2 commenced 30 June 2008 (LA s 75 (1))
sch 1 pt 1.2 commenced 1 July 2008 (s 2 and CN2008-10)
as modified by
Planning and Development Amendment Regulation 2008 (No 3) SL2008-33
notified LR 5 August 2008
s 1, s 2 commenced 5 August 2008 (LA s 75 (1))
remainder commenced 6 August 2008 (s 2)
Note 1	This regulation only amends the Planning and Development Regulation 2008 SL2008-2.
Note 2	Mod 20.7 as ins by SL2008-33 s 22 provides for a retrospective commencement of s 459A (see s 459A (4)).
as amended by
Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.43
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))
sch 3 pt 3.43 commenced 26 August 2008 (s 2)
as modified by
Planning and Development Amendment Regulation 2008 (No 4) SL2008-41
notified LR 15 September 2008
s 1, s 2 commenced 15 September 2008 (LA s 75 (1))
remainder commenced 16 September 2008 (s 2)
Note 1	This regulation only amends the Planning and Development Regulation 2008 SL2008-2.
Note 2	Mod 20.6A as ins by SL2008-41 s 18 provides for a retrospective commencement of s 458 (see s 458 (4)).
4	Amendment history
Commencement
s 2	om LA s 89 (4)
Meaning of development
s 7	am A2008-4 s 4, s 5
Contents of public register
s 28	am A2008-5 s 68; A2008-28 amdt 3.117
Meaning of associated document—pt 3.6
s 30	am A2008-28 amdt 3.118
Public availability of territory plan
s 47	am A2008-4 s 6
Effect of territory plan
s 50	am A2007-25 amdt 1.109
What are technical amendments of territory plan?
s 87	am A2008-4 s 7; pars renum R2 LA
Making technical amendments
s 89	am A2008-4 s 8
Plan variations—structure plans and rezoning
pt 5.5 hdg	sub A2008-4 s 9
Rezoning—future urban areas
s 95	am A2008-4 s 10
Rezoning—boundary changes
s 96A	ins A2008-4 s 11
Merit track—notification and right of review
s 121	am A2008-4 s 69
Declaration by Public Health Act Minister affects assessment track
s 125	am A2007-25 amdt 1.110
Declaration etc of impact track after application
s 126	am A2007-25 amdt 1.111; A2008-4 s 69
Impact track—considerations when deciding development approval
s 129	am A2008-4 s 69
Exempt development—authorised use
s 134	am A2008-28 amdt 3.119
Applications for development approval in relation to use for otherwise prohibited development
s 137	am A2008-4 s 12
Form of development applications
s 139	am A2008-28 amdt 3.120, amdt 3.121; pars renum R6 LA
What is publicly notifies for ch 7?
s 152	sub A2008-4 s 13
Representations about development applications
s 156	am A2007-25 amdt 1.112
Minister may decide to consider development applications
s 159	am A2007-25 amdt 1.113
Deciding development applications
s 162	am A2007-25 amdt 1.114; A2008-4 s 14, s 69; ss renum R2 LA
Power to approve etc development applications deemed refused
s 163	am A2007-25 amdt 1.115
Lease to be varied to give effect to development approval
s 165A	ins A2008-4 s 15
Extension of time for further information—further information sufficient
s 166	am A2008-4 s 16; pars renum R2 LA
When development approval takes effect—application for reconsideration
s 182	am A2007-25 amdt 1.116
Offence to develop without approval
s 199	am A2007-25 amdt 1.117
Definitions—ch 8
s 206	def scoping document am A2008-4 s 69
Proponents
s 207	am A2008-28 amdt 3.122
What is an EIS and a s 125-related EIS?
s 208	sub A2007-25 amdt 1.118
When is an EIS completed?
s 209	am A2007-25 amdt 1.119; A2008-4 s 66; A2008-28 amdt 3.123
When is a s 125-related EIS completed?
s 209A	ins A2007-25 amdt 1.120
	am A2008-4 s 17, s 18, s 66
EIS not required if development application exempted
s 211	am A2008-4 s 69
Scoping of EIS
s 212	am A2008-28 amdt 3.124
Time to provide scoping document
s 214	am A2007-25 amdt 1.121
Preparing draft EIS
s 216	am A2008-4 s 69
Publication of representations about draft EIS
s 220	am A2008-4 s 69
Authority consideration of EIS
s 222	am A2008-4 s 69
Giving EIS to Minister
s 225	am A2007-25 amdt 1.122; A2008-4 s 69
Notice of no action on EIS given to Minister
s 226	am A2008-28 amdt 3.125
Establishment of inquiry panels
s 228	am A2007-25 amdt 1.123; ss renum R2 LA; A2008-28 amdts 3.126‑3.129
How does the Minister establish an inquiry panel?
s 229	am A2008-5 s 66
Time for reporting by inquiry panels
s 230	am A2008-28 amdt 3.130
Definitions—ch 9
s 234	def single dwelling house lease ins A2008-4 s 19
Meaning of concessional lease and lease—Act
s 235	am A2007-25 amdt 1.124
Granting leases
s 238	am A2008-4 s 20; A2008-16 amdt 1.4
Eligibility for grant of lease
s 239	sub A2008-4 s 21
Restriction on direct sale by authority
s 240	am A2007-25 amdt 1.125; A2008-4 ss 22-24; pars renum R2 LA
Notice of direct sale
s 242	sub A2008-4 s 25
Payment for leases
s 246	am A2008-16 amdt 1.5; pars renum R4 LA
Use of land for leased purpose
s 247	am A2008-4 s 26, s 27
No right to use, flow and control of water
s 249	am A2007-25 amdt 1.126
Restrictions on dealings with certain leases
s 251	am A2008-4 ss 28-30; ss renum R2 LA
Decision about whether lease concessional
s 257	am A2007-25 amdt 1.127, amdt 1.128
Application to land rent—pt 9.5
s 266A	ins A2008-16 amdt 1.6
Reduction of rent and relief from provisions of lease
s 269	(6)-(8) exp 31 March 2009 (s 269 (7) (LA s 88 declaration applies))
Variation of rental leases
s 271	am A2008-16 amdt 1.7
Advice of rent payable on variation of lease
s 272	am A2008-16 amdt 1.8
Application for rent payout lease variation
s 272A	ins A2008-4 s 31
	am A2008-16 amdt 1.9
Decision on rent payout lease variation application
s 272B	ins A2008-4 s 31
	am A2008-16 amdt 1.10; pars renum R4 LA
Policy directions for paying out rent
s 272C	ins A2008-4 s 31
Power to decide rent payout applications deemed refused
s 272D	ins A2008-4 s 31
Lease to be varied to pay out rent
s 273	sub A2008-4 s 31
When authority must remit change of use charge
s 278	am A2007-25 amdt 1.129, amdt 1.130
When authority must increase change of use charge
s 279	am A2007-25 amdt 1.131, amdt 1.132
Definitions—div 9.7.2
s 282	def holding period am A2007-25 amdt 1.133
Land management agreements
s 283	am A2008-28 amdt 3.131
Definitions—pt 9.8
s 288	am A2008-4 s 32
	def improvement ins A2008-4 s 32
Transfer of land subject to building and development provision
s 298	am A2007-25 amdts 1.134-1.137
Application for extension of time to commence or complete building and development
s 298A	ins A2008-4 s 33
Extension of time to commence or complete building and development
s 298B	ins A2008-4 s 33
Lessee may surrender lease or part of lease
s 299	orig s 299 
	renum as s 300
	pres s 299
	(prev s 300) renum and reloc as s 299 A2008-28 amdt 3.133
Refund on lease surrender or termination
s 300	orig s 300
	renum as s 299
	pres s 300
	(prev s 299) am A2007-25 amdt 1.138
	renum as s 300 A2008-28 amdt 3.132
Who may complain?
s 340	am A2007-26 amdt 1.103
Form of complaints
s 341	am A2007-26 amdt 1.104
Further information about complaints etc
s 343	am A2007-26 amdt 1.105
When authority satisfied no further action on complaint necessary
s 346	am A2007-26 amdt 1.106
Applications to authority for controlled activity orders
s 350	am A2008-4 s 65, s 68
Controlled activity orders on authority’s own initiative
s 353	am A2008-4 s 65, s 68
Content of controlled activity orders
s 358	am A2008-5 s 68
Notice of making of controlled activity orders
s 359	am A2008-5 s 68
Who is bound by a controlled activity order?
s 360	am A2008-5 s 68
Definitions—pt 11.4
s 365	def rectification work am A2008-4 s 65
Direction to carry out rectification work
s 366	am A2008-4 s 65, s 68
Authorisation to carry out rectification work
s 368	am A2008-4 s 68
Rectification work by authorised people
s 370	sub A2008-4 s 34
Protection of authorised people from liability
s 376A	ins A2008-4 s 35
Giving prohibition notices
s 377	am A2008-4 s 65, s 68
Contravening prohibition notices
s 378	am A2008-4 s 65, s 68
Power to enter premises
s 389	sub A2008-4 s 36
Consent to entry without authorised person
s 391 hdg	sub A2008-4 s 37
s 391	am A2008-4 ss 38-40
Consent to entry with authorised person
s 391A	ins A2008-4 s 41
Entry on notice for rectification work and monitoring
s 391B	ins A2008-4 s 41
General powers on entry to premises
s 392	sub A2008-4 s 42
Power on entry for rectification work
s 392A	ins A2008-4 s 42
Power to require help on entry under warrant
s 392B	ins A2008-4 s 42
Power to take samples on entry under warrant
s 392C	ins A2008-4 s 42
Power to seize things on entry under search warrant
s 392D	ins A2008-4 s 42
Power to seize things
s 394	om A2008-4 s 43
Authority may ask for information from commissioner for revenue in certain cases
s 395A	ins A2007-25 amdt 1.139
Warrants generally
s 398	am A2008-5 s 67
Warrants—application made other than in person
s 399	am A2008-5 s 67
Rectification work orders
pt 12.5A hdg	ins A2008-4 s 44
Definitions—pt 12.5A
s 402A	def remote application ins A2008-4 s 44
	def remote order ins A2008-4 s 44
Meaning of rectification work order—Act
s 402B	ins A2008-4 s 44
When may inspector apply for rectification work order?
s 402C	ins A2008-4 s 44
Application for rectification work order generally
s 402D	ins A2008-4 s 44
Decision on application for rectification work order
s 402E	ins A2008-4 s 44
Content of rectification work order
s 402F	ins A2008-4 s 44
Authorisation by rectification work order
s 402G	ins A2008-4 s 44
Rectification work order—remote application
s 402H	ins A2008-4 s 44
Rectification work order—after order made on remote application
s 402I	ins A2008-4 s 44
Entry under rectification work order—no occupier present
s 402J	ins A2008-4 s 44
Entry under rectification work order—occupier present
s 402K	ins A2008-4 s 44
Monitoring warrants
pt 12.5B hdg	ins A2008-4 s 44
Definitions—pt 12.5B
s 402L	def remote application ins A2008-4 s 44
	def remote warrant ins A2008-4 s 44
	def warrant form ins A2008-4 s 44
Meaning of monitoring warrant—Act
s 402M	ins A2008-4 s 44
When may inspector apply for monitoring warrant?
s 402N	ins A2008-4 s 44
Application for monitoring warrant generally
s 402O	ins A2008-4 s 44
Decision on application for monitoring warrant
s 402P	ins A2008-4 s 44
Content of monitoring warrant
s 402Q	ins A2008-4 s 44
Authorisation by monitoring warrant
s 402R	ins A2008-4 s 44
Monitoring warrant—remote application
s 402S	ins A2008-4 s 44
Monitoring warrant—after order made on remote application
s 402T	ins A2008-4 s 44
Entry under monitoring warrant—no occupier present
s 402U	ins A2008-4 s 44
Entry under monitoring warrant—occupier present
s 402V	ins A2008-4 s 44
Receipt for things seized
s 403	am A2008-5 s 67
Moving things to another place for examination or processing under search warrant
s 404	am A2008-5 s 67
Access to things seized
s 405	am A2008-5 s 67
Return of things seized
s 406	am A2008-5 s 67
Definitions—ch 13
s 407	def interested entity ins A2007-25 amdt 1.140
	def interested person om A2007-25 amdt 1.140
AAT review—general
s 408	am A2007-25 amdt 1.141, amdt 1.142
Basic fences between leased and unleased land
s 416A	ins A2008-4 s 45
Expiry of notifiable instruments
s 421	am A2007-25 amdt 1.143
References in territory plan to certain instruments
s 422A	ins A2008-4 s 46
Regulation-making power
s 426	am A2007-25 amdt 1.144, amdt 1.145; A2008-4 ss 47-49; ss renum R2 LA
Transitional
ch 15 hdg	exp 31 March 2010 (s 431 (1))
Transitional—general
pt 15.1 hdg	exp 31 March 2010 (s 431 (1))
Definitions—ch 15
s 427	exp 31 March 2010 (s 431 (1))
Repeals
s 428	om LA s 89 (3)
Transitional regulations
s 429	exp 31 March 2010 (s 431 (1))
Modification—s 197 (Applications to amend development approvals)
s 429A	ins as mod SL2008-2 mod 5.1 (as ins by SL2008-8 s 51)
	sub as mod SL2008-2 mod 20.1 (as ins by SL2008-33 s 21)
	mod exp 31 March 2010 SL2008-2 s 410 (2) (as ins by SL2008-8 s 20)
	exp 31 March 2010 (s 431 (1))
Modification—s 198 (Deciding applications to amend development approvals)
s 429B	ins as mod SL2008-2 mod 20.1 (as ins by SL2008-33 s 21)
	mod exp 31 March 2010 SL2008-2 s 410 (2) (as ins by SL2008-8 s 20)
	exp 31 March 2010 (s 431 (1))
Modification—div 7.3.11 (Correction and amendment of development approvals)
s 429C	ins as mod SL2008-2 mod 20.1 (as ins by SL2008-33 s 21)
	mod exp 31 March 2010 SL2008-2 s 410 (2) (as ins by SL2008-8 s 20)
	exp 31 March 2010 (s 431 (1))
Modification—s 203 (Development other than use lawful when begun)
s 429D	ins as mod SL2008-2 mod 20.1 (as ins by SL2008-33 s 21)
	mod exp 31 March 2010 SL2008-2 s 410 (2) (as ins by SL2008-8 s 20)
	exp 31 March 2010 (s 431 (1))
Modification—s 204 (Use as development lawful when begun)
s 429E	ins as mod SL2008-2 mod 20.1 (as ins by SL2008-33 s 21)
	mod exp 31 March 2010 SL2008-2 s 410 (2) (as ins by SL2008-8 s 20)
	exp 31 March 2010 (s 431 (1))
Modification—s 298A (Application for extension of time to commence or complete building and development)
s 429F	ins as mod SL2008-2 mod 20.1 (as ins by SL2008-33 s 21)
	mod exp 31 March 2010 SL2008-2 s 410 (2) (as ins by SL2008-8 s 20)
	exp 31 March 2010 (s 431 (1))
Transitional effect—Legislation Act, s 88
s 430	exp 31 March 2010 (s 431 (1))
Expiry—ch 15
s 431	sub A2008-4 s 50
	mod SL2008-2 mod 5.1A (renum as mod 20.1A) (as ins by SL2008‑27 s 4)
	mod exp 31 March 2010 SL2008-2 s 410 (2) (as ins by SL2008-8 s 20)
	exp 31 March 2010 (s 431 (1))
Transitional—territory plan
pt 15.2 hdg	exp 31 March 2010 (s 431 (1))
Transitional—territory plan
s 432	exp 31 March 2010 (s 431 (1))
Transitional—public consultation on territory plan
s 433	exp 31 March 2010 (s 431 (1))
Transitional—consultation with national capital authority
s 434	exp 31 March 2010 (s 431 (1))
Transitional—variations begun but not notified under repealed Act
s 435 hdg	sub A2008-4 s 51
s 435	exp 31 March 2010 (s 431 (1))
Transitional—draft plan variations publicly notified under repealed Act
s 436 hdg	sub A2008-4 s 52
s 436	exp 31 March 2010 (s 431 (1))
Transitional—draft plan variation revised etc under repealed Act
s 437 hdg	sub A2008-4 s 53
s 437	exp 31 March 2010 (s 431 (1))
Transitional—draft plan variation submitted to Minister under repealed Act
s 438	exp 31 March 2010 (s 431 (1))
Transitional—draft plan variation referred to Legislative Assembly committee under repealed Act
s 439	exp 31 March 2010 (s 431 (1))
Transitional—planning strategy
pt 15.3 hdg	exp 31 March 2010 (s 431 (1))
Transitional—planning strategy
s 440	exp 31 March 2010 (s 431 (1))
Development and development applications
pt 15.4 hdg	exp 31 March 2010 (s 431 (1))
Transitional—meaning of development—Act
s 441	exp 31 March 2010 (s 431 (1))
Transitional—applications lodged before commencement day
s 442	mod SL2008-2 mod 5.2, mod 5.3 (renum as mod 20.2, mod 20.3) (as ins by SL2008-8 s 51)
	mod exp 31 March 2010 SL2008-2 s 410 (2) (as ins by SL2008-8 s 20)
	exp 31 March 2010 (s 431 (1))
Transitional—applications for subdivision lodged before commencement day
s 442A	ins A2008-4 s 54
	exp 31 March 2010 (s 431 (1))
Transitional—application for review lodged after commencement day for application lodged before commencement day
s 442B	ins A2008-4 s 54
	exp 31 March 2010 (s 431 (1))
Transitional—development application lodged on or after commencement day for estate development plan given before commencement day
s 442C	ins as mod SL2008-2 mod 5.3A (renum as mod 20.3A) (as ins by SL2008-27 s 5)
	mod exp 31 March 2010 SL2008-2 s 410 (2) (as ins by SL2008-8 s 20)
	exp 31 March 2010 (s 431 (1))
Transitional—applications for review not finally decided
s 443	exp 31 March 2010 (s 431 (1))
Transitional—approvals in force before commencement
s 444	sub as mod SL2008-2 mod 5.4 (renum as mod 20.4) (as ins by SL2008-8 s 51)
	mod exp 31 March 2010 SL2008-2 s 410 (2) (as ins by SL2008-8 s 20)
	exp 31 March 2010 (s 431 (1))
Commencement of development approvals under repealed Act
s 444A	ins as mod SL2008-2 mod 5.4A (renum as mod 20.4A) (as ins by SL2008-27 s 6)
	mod exp 31 March 2010 SL2008-2 s 410 (2) (as ins by SL2008-8 s 20)
	exp 31 March 2010 (s 431 (1))
Transitional—approvals in force with uncommenced extension
s 445	mod SL2008-2 mod 5.5 (renum as mod 20.5) (as ins by SL2008-8 s 51)
	mod exp 31 March 2010 SL2008-2 s 410 (2) (as ins by SL2008-8 s 20)
	exp 31 March 2010 (s 431 (1))
Power to make lease and development conditions
s 446	am A2008-4 s 55
	sub as mod SL2008-2 mod 5.5A (renum as mod 20.5A) (as ins by SL2008-27 s 7)
	mod exp 31 March 2010 SL2008-2 s 410 (2) (as ins by SL2008-8 s 20)
	exp 31 March 2013 (s 446 (5) (LA s 88 declaration applies))
Transitional—application for development approval if lease and development condition
s 446A	ins A2008-4 s 56
	sub as mod SL2008-2 mod 5.5A (renum as mod 20.5A) (as ins by SL2008-27 s 7)
	mod exp 31 March 2010 SL2008-2 s 410 (2) (as ins by SL2008-8 s 20)
	exp 31 March 2013 (s 446A (3))
Transitional—extended meaning of development approval—s 199
s 447 hdg	sub A2008-4 s 57
s 447	om as mod SL2008-2 mod 5.6 (renum as mod 20.6) (as ins by SL2008-8 s 51)
	mod exp 31 March 2010 SL2008-2 s 410 (2) (as ins by SL2008-8 s 20)
	exp 31 March 2010 (s 431 (1))
Transitional—existing rights to use land, buildings and structures
pt 15.5 hdg	exp 31 March 2010 (s 431 (1))
Transitional—existing rights to use land etc not affected
s 448 hdg	sub A2008-4 s 58
s 448	exp 31 March 2010 (s 431 (1))
Transitional—leases and licences
pt 15.6 hdg	exp 31 March 2010 (s 431 (1))
Transitional—community leases
s 449	exp 31 March 2010 (s 431 (1))
Transitional—special leases—s 251
s 450	exp 31 March 2010 (s 431 (1))
Transitional—Leases Act 1918 leases—s 251
s 451	exp 31 March 2010 (s 431 (1))
Transitional—extended application of s 254
s 452	exp 31 March 2010 (s 431 (1))
Transitional—extended application of s 275
s 453	exp 31 March 2010 (s 431 (1))
Transitional—extended application of s 284
s 454	exp 31 March 2010 (s 431 (1))
Transitional—effect of s 249
s 455	exp 31 March 2010 (s 431 (1))
Transitional—status of leases and licences
s 456	exp 31 March 2010 (s 431 (1))
Transitional—application for extension of time to commence or complete building and development
s 456A	ins A2008-4 s 59
	exp 31 March 2010 (s 431 (1))
Transitional—continued application of certain repealed Acts and provisions
s 457	exp 31 March 2008 (s 457 (11))
Transitional—applications for certain grants decided promptly
s 458	sub as mod SL2008-2 mod 20.6A (as ins by SL2008-41 s 18)
	mod exp 31 March 2010 SL2008-2 s 410 (2) (as ins by SL2008-8 s 20)
	exp 31 March 2010 (s 431 (1))
Transitional—applications for certain grants decided after 6 months
s 459	exp 31 March 2010 (s 431 (1))
Transitional—contracts before commencement day to grant leases
s 459A	ins as mod SL2008-2 mod 20.7 (as ins by SL2008-33 s 22)
	mod exp 31 March 2010 SL2008-2 s 410 (2) (as ins by SL2008-8 s 20)
	exp 31 March 2010 (s 431 (1))
Transitional—conversion of Commonwealth leases
s 459B	ins as mod SL2008-2 mod 20.8 (as ins by SL2008-33 s 23)
	mod exp 31 March 2010 SL2008-2 s 410 (2) (as ins by SL2008-8 s 20)
	exp 31 March 2010 (s 431 (1))
Transitional—applications for licences decided promptly
s 460	exp 31 March 2010 (s 431 (1))
Transitional—applications for licence decided after 6 months
s 461	exp 31 March 2010 (s 431 (1))
Transitional—controlled activities
pt 15.7 hdg	exp 31 March 2010 (s 431 (1))
Transitional—meaning of construction occupations licensee in s 345 (4)
s 462	exp 31 March 2010 (s 431 (1))
Transitional—certain controlled activities
s 463	exp 31 March 2010 (s 431 (1))
Transitional—administrative
pt 15.8 hdg	exp 31 March 2010 (s 431 (1))
Transitional—chief planning executive
s 464	exp 31 March 2010 (s 431 (1))
Transitional—land agency board members
s 465	exp 31 March 2010 (s 431 (1))
Transitional—inspectors
s 466	exp 31 March 2010 (s 431 (1))
Transitional—plans of management
s 467 hdg	sub A2008-4 s 60
	exp 1 January 2012 (s 467 (5))
Reviewable decisions, eligible entities and interested entities
sch 1 hdg	sub A2007-25 amdt 1.146
sch 1	am A2007-25 amdts 1.147-1.149; A2008-4 s 61, s 62, s 69; items renum R2 LA; A2008-28 amdt 3.134
Controlled activities
sch 2	am A2008-4 s 63
Dictionary
dict	am A2007-25 amdt 1.150
	def business hours ins A2008-4 s 64
	def connected am A2007-25 amdt 1.151
	def development table am A2008-4 s 69
	def interested entity ins A2007-25 amdt 1.152
	def interested person om A2007-25 amdt 1.152
	def inquiry panel ins A2008-28 amdt 3.135
	def land rent lease ins A2008-16 amdt 1.11
	def monitoring warrant ins A2008-4 s 64
	def occupier am A2007-25 amdt 1.153
	def offence am A2007-25 amdt 1.153
	def premises am A2007-25 amdt 1.153
	def prohibition notice also ins A2008-4 s 64
	om R2 LA
	def public consultation period also ins A2008-4 s 64
	om R2 LA
	def Public Health Act Minister ins A2007-25 amdt 1.154
	def publicly notifies also ins A2008-4 s 64
	om R2 LA
	def rectification work order ins A2008-4 s 64
	def regulated tree ins A2008-4 s 64
	def remote application ins A2008-4 s 64
	def remote order ins A2008-4 s 64
	def remote warrant ins A2008-4 s 64
	def s 125-related EIS ins A2007-25 amdt 1.154
	def search warrant ins A2008-4 s 64
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
27 Sept 2007	27 Sept 2007–
30 Mar 2008	A2007-26	new Act	
R2
31 Mar 2008	31 Mar 2008–
31 Mar 2008	SL2008-8	amendments by A2007-25, A2007‑26 and A2008-4 and modification by SL2008-2 as amended by SL2008-8	
R2 (RI)
5 Aug 2008	31 Mar 2008–
31 Mar 2008	SL2008-8	reissue for retrospective modification by SL2008-2 as amended by SL2008-33	
R2 (RI No 2)
16 Sept 2008	31 Mar 2008–
31 Mar 2008	SL2008-8	further reissue for retrospective modification by SL2008-2 as amended by SL2008-41	
R3
1 Apr 2008	1 Apr 2008–
30 June 2008	SL2008-8	commenced expiry	
R3 (RI)
5 Aug 2008	1 Apr 2008–
30 June 2008	SL2008-8	reissue for retrospective modification by SL2008-2 as amended by SL2008-33	
R3 (RI No 2)
16 Sept 2008	1 Apr 2008–
30 June 2008	SL2008-8	further reissue for retrospective modification by SL2008-2 as amended by SL2008-41	
R4
1 July 2008	1 July 2008–
5 Aug 2008	A2008-16	amendments by A2008-16 and modifications by SL2008-2 as amended by SL2008-27	
R4 (RI)
5 Aug 2008	1 July 2008–
5 Aug 2008	A2008-16	reissue for retrospective modification by SL2008-2 as amended by SL2008-33	
R4 (RI No 2)
16 Sept 2008	1 July 2008–
5 Aug 2008	A2008-16	further reissue for retrospective modification by SL2008-2 as amended by SL2008-41	
R5
6 Aug 2008	6 Aug 2008‑
25 Aug 2008	SL2008-33	modifications by SL2008-2 as amended by SL2008-33	
R5 (RI)
16 Sept 2008	6 Aug 2008‑
25 Aug 2008	SL2008-33	reissue for retrospective modification by SL2008-2 as amended by SL2008-41	
R6
26 Aug 2008	26 Aug 2008–
15 Sept 2008	A2008-28	amendments by A2008-28	

6	Modifications of republished law with temporary effect
The following modifications have not been included in this republication:
	Planning and Development Regulation 2008 SL2008-2 sch 20 (prev sch 5) (as ins by SL2008-8 s 51, as am by SL2008-27, SL2008-33, SL2008-41)
Schedule 20	Modification of Act
(see s 410)
[20.1]	New sections 429A to 429F
insert
429A	Modification—s 197 (Applications to amend development approvals)
Section 197 (1) applies as if it read as follows:
	‘(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; and
	(c)	section 198C (When development approvals do not require amendment) does not apply to the changed development proposal.’
429B	Modification—s 198 (Deciding applications to amend development approvals)
Section 198 (4) applies as if it read as follows:
	‘(4)	To remove any doubt, if public notification of the proposed development is required under the assessment track that applies to the proposed development and the requirement to publicly notify the application is not waived under subsection 198B, only the application for the amendment need be publicly notified.’
429C	Modification—div 7.3.11 (Correction and amendment of development approvals)
Division 7.3.11 applies as if the following sections were inserted:
‘198A	Exception to referral requirement under s 198 (1) (b)
	(1)	This section applies if—
	(a)	a development application was referred to an entity under division 7.3.3 (Referral of development applications); and
	(b)	an application for amendment of the development approval to which the development application related must be referred to the entity under section 198 (1) (b); and
Note	For the referral requirement, see s 145.
	(c)	the planning and land authority is satisfied that the application for amendment does not affect any part of the development approval in relation to which the entity made a comment.
	(2)	Despite section 198 (1) (b), the planning and land authority need not refer the application for amendment to the entity.
198B	Exception to notification requirement under s 198 (1) (b)
Despite section 198 (1) (b), the planning and land authority may waive the requirement to publicly notify an application for amendment of a 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 amendment will do no more than minimally increase the environmental impact of the development.
Note	For the notification requirement, see s 146.
198C	When development approvals do not require amendment
	(1)	This section applies if—
	(a)	the planning and land authority has given development approval for a development application; and
	(b)	the development is changed so that it is not covered by the approval.
	(2)	A regulation may prescribe the circumstances in which a development in accordance with the changed development is taken to be in accordance with the development approval.
Note 1	The development may still need building approval, or further building approval, under the Building Act 2004.
Note 2	The development must also comply with the lease for the land on which it is carried out.’
429D	Modification—s 203 (Development other than use lawful when begun)
Section 203 (1) (c) applies as if it read as follows:
	‘(c)	after the person undertakes, or begins, the development, the development stops being exempt because of an amendment of this Act.
Note	A reference to an Act includes a reference to the statutory instruments (eg the territory plan) made or in force under the Act, including any regulation (see Legislation Act, s 104).’
429E	Modification—s 204 (Use as development lawful when begun)
Section 204 (1) (c) applies as if it read as follows:
	‘(c)	the use stops being exempt because of an amendment of this Act.
Note	A reference to an Act includes a reference to the statutory instruments (eg the territory plan) made or in force under the Act, including any regulation (see Legislation Act, s 104).’
429F	Modification—s 298A (Application for extension of time to commence or complete building and development)
Section 298A (5), definition of D applies as if it and the note read as follows:
‘D means—
	(a)	the number of days for which the extension is sought; or
	(b)	if more than 1 extension for the lease is sought in the application—the highest of the number of days for which the extensions are sought.
Example—par (b)
if both a 6-month extension is being sought to commence building work and a 12‑month extension to complete the building work, the number for D is 365
Note 1	The required fee may be waived under the Financial Management Act 1996, s 131.
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).’
[20.1A]	Section 431 (2) (a) and (b)
substitute
	(a)	section 446 (Power to make lease and development conditions);
	(b)	section 446A (Transitional—application for development approval if lease and development condition);
[20.2]	Section 442 (1)
substitute
	(1)	This section applies if—
	(a)	before commencement day, a person applied for—
	(i)	an approval under the repealed Act, section 226 (Application to undertake development); or
	(ii)	an amendment of an approval under the repealed Act, section 247 (Minor amendments); and
	(b)	immediately before commencement day, the planning and land authority had not finally decided the application.
[20.3]	New section 442 (4)
insert
	(4)	In this section:
finally decided—an application for approval under the repealed Act, section 226 is finally decided if—
	(a)	the period for making an application under the repealed Act, section 246 for reconsideration of the planning and land authority’s decision on the application for approval has ended and no application for reconsideration has been made; or
	(b)	if an application under the repealed Act, section 246 for reconsideration of the planning and land authority’s decision on the application for approval is made within the reconsideration period—
	(i)	the authority has made a decision on the application for reconsideration under the repealed Act, section 246A (1) (b); or
	(ii)	the authority is taken to have confirmed the original decision under the repealed Act, section 246B.
reconsideration period means the period within which an application must be made under the repealed Act, section 246 (3).
[20.3A]	New section 442C
insert
442C	Transitional—development application lodged on or after commencement day for estate development plan given before commencement day
	(1)	This section applies to a development application if—
	(a)	the application is lodged on or after the commencement day but not later than 6 months after the commencement day; and
	(b)	the application relates to, or incorporates, a document that the planning and development authority is satisfied is an estate development plan; and
Note	For considerations for when something is an estate development plan, see s (5).
	(c)	the estate development plan was given to the planning and land authority before the commencement day for consideration on the basis that the plan might form the basis of a development application.
	(2)	The development application may be made, and decided, in accordance with the repealed Act (including the territory plan and any other instruments under the repealed Act) as if that Act had not been repealed.
	(3)	If the development application is approved, the approval—
	(a)	is taken to be a development approval under this Act (including for section 96) unless otherwise provided by subsection (4); and
	(b)	unless extended under this Act, continues in force until the time when it would have ended under the repealed Act; and
	(c)	is taken to relate to a proposal in the merit track for section 198 (2) (Deciding applications to amend development approvals).
	(4)	Also, the repealed Act (including the territory plan and any other instruments under the repealed Act), and not this Act, applies in relation to any application for reconsideration, or for review, of the decision on a development application to which this section applies.
	(5)	In deciding whether a document is an estate development plan, the planning and land authority must consider whether—
	(a)	the document is identified, by itself or another document, as an estate development plan; and
	(b)	at the time it was given to the authority, the document appeared to be a document to which the government publication Guidelines for Estate Development Plans—Greenfield Land Subdivision—September 2007, published on the public website maintained by the authority, applied; and
	(c)	the document includes plans or a proposal for the subdivision of land and related infrastructure development.
Examples—related infrastructure
sewers, footpaths, street lighting
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)	For this section, an estate development plan (the final plan) in relation to a development application is taken to have been given to the planning and land authority for consideration if—
	(a)	an estate development plan (the initial plan) was given to the authority; and
	(b)	the final plan is identifiable as a revised version of the initial plan.
[20.4]	Section 444
substitute
444	Transitional—approvals under repealed Act
	(1)	This section applies if—
	(a)	immediately before commencement day, a person had an approval under the repealed Act, part 6 (Approvals and orders); or
	(b)	the planning and land authority gives an approval under the repealed Act after the commencement day.
Note	The repealed Act applies to applications for approvals not decided immediately before commencement day (see s 442 as modified by regulation).
	(2)	The approval—
	(a)	is taken to be a development approval under this Act; and
	(b)	unless extended under this Act, continues in force until the time when it would have ended under the repealed Act; and
	(c)	for the Act, section 198 (2) (Deciding applications to amend development applications) is taken to relate to a proposal in the merit track.
	(3)	If the application to which the approval relates was not required to be publicly notified under the repealed Act, an application under this Act for the amendment of the approval need not be notified under this Act.
Note	If an application for reconsideration has not been finally decided by the planning and land authority, the repealed Act (including rights of AAT review under the repealed Act) continues to apply to the application (see s 442 as modified by regulation).
[20.4A]	New section 444A
insert
444A	Commencement of development approvals under repealed Act
	(1)	This section applies to each of the following development approvals unless the development approval commenced before the commencement day:
	(a)	a development approval mentioned in section 442 (Transitional—applications lodged before commencement day);
	(b)	a development approval mentioned in section 442B (Transitional—application for review lodged after commencement day for application lodged before commencement day);
	(c)	a development approval mentioned in section 442C (Transitional—development application lodged on or after commencement day for estate development plan given before commencement day);
	(d)	a development approval mentioned in section 443 (Transitional—applications for review not finally decided);
	(e)	a development approval mentioned in section 444 (Transitional—approvals under repealed Act).
	(2)	Despite anything else in this part, the development approval commences, or is taken to have commenced, when the development approval would have commenced under the repealed Act if the repealed Act had not been repealed.
[20.5]	Section 445 (2) (a)
substitute
	(a)	is taken to be a development approval under this Act; and
[20.5A]	Sections 446 and 446A
substitute
446	Power to make lease and development conditions
	(1)	This section applies to land in relation to which—
	(a)	an earlier application has been made and earlier approval given, whether the earlier approval is given before or after the commencement day; or
	(b)	development approval has been given under section 442C.
Note	Under s 442C, if an estate development plan was considered before commencement of this Act, the repealed Act applies to the application for development approval.
	(2)	On and after the commencement day, the planning and land authority may make a lease and development condition in relation to the land, or part of the land.
	(3)	In this section:
defined land means land identified in the old territory plan for the repealed Act, subdivision 2.3.4.
earlier application means an application for development approval if the application—
	(a)	was made under the repealed Act before the commencement day; and
	(b)	relates to land that was defined land when the application was made; and
	(c)	is for approval to subdivide land, whether or not it is also for approval of something else.
earlier approval means development approval under the repealed Act of an earlier application.
lease and development condition means a lease and development condition that could have been made under the repealed Act, but for its repeal.
old territory plan means the Territory Plan under the repealed Act.
	(4)	This section is a provision to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) does not apply.
	(5)	This section expires 5 years after the commencement day.
446A	Transitional—application for development approval if lease and development condition
	(1)	This section applies to a development application if the application is—
	(a)	not in the code track; and
	(b)	for development on land to which—
	(i)	a lease and development condition made under section 446 applies; or
	(ii)	a lease and development condition made under the repealed Act applied immediately before the commencement day.
	(2)	The planning and land authority, or Minister, must consider the lease and development condition in making a decision under section 162 (Deciding development applications) in relation to the development application if—
	(a)	the territory plan provides that the condition may vary the plan; and
	(b)	the condition is relevant to assessing the application and granting the approval.
	(3)	This section expires 5 years after the commencement day.
[20.6]	Section 447
omit
[20.6A]	Section 458
substitute
458	Transitional—applications for certain grants before commencement day
	(1)	This section applies if—
	(a)	a person applies for the grant of a lease under the repealed Act, section 161 (Granting of leases), section 163 (Leases to community organisations) or section 164 (Special leases); and
	(b)	the lease is not granted before commencement day.
	(2)	The planning and land authority may grant a lease under—
	(a)	the repealed Act as if the repealed Act had not been repealed; or
	(b)	if the person agrees in writing to a lease under this Act being granted—this Act.
	(3)	A lease to which subsection (2) (a) applies—
	(a)	may be registered under the Land Titles Act 1925 as if the repealed Act had not been repealed; and
	(b)	is taken to have been granted under this Act.
	(4)	This section is taken to have commenced on 31 March 2008.
[20.7]	New section 459A
insert
459A	Transitional—contracts before commencement day to grant leases
	(1)	This section applies if—
	(a)	by contract made before commencement day, the land development agency or planning and land authority agreed with someone else (the third party) that a lease would be granted under the repealed Act; and
	(b)	the lease is not granted before commencement day.
Examples—par (a)
1	The conditions of a land auction require a lease to be granted under the repealed Act.
2	Under a deed of agreement with a developer for the development of land the planning and land authority agrees that the holding leases for the development, and the individual leases for the developed land, will be granted in the form of a lease under the repealed Act.
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 may grant a lease under—
	(a)	the repealed Act as if the repealed Act had not been repealed; or
	(b)	if the third party agrees in writing to a lease under this Act being granted—this Act.
	(3)	A lease to which subsection (2) (a) applies—
	(a)	may be registered under the Land Titles Act 1925 as if the repealed Act had not been repealed; and
	(b)	is taken to have been granted under this Act.
	(4)	This section is taken to have commenced on 31 March 2008.
[20.8]	New section 459B
insert
459B	Transitional—conversion of Commonwealth leases
	(1)	This section applies if—
	(a)	a declaration under the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth), section 27 (1) has been amended or repealed; and 
	(b)	because of the amendment or repeal of the declaration, land has ceased to be national land; and
	(c)	a lease granted under a prescribed law over all or part of the land was in force immediately before the amendment or repeal of the declaration.
	(2)	The lease is taken to have been granted under this Act on the amendment or repeal of the declaration.
	(3)	In this section:
prescribed law means any of the following:
	(a)	the Leases Ordinance 1918;
	(b)	the Leases (Special Purposes) Ordinance 1925;
	(c)	the City Area Leases Ordinance 1936;
	(d)	a law mentioned in paragraph (a), (b) or (c) as in effect under the National Land Ordinance 1989 (Cwlth).

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