2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Planning)
Planning and Development Bill 2006

Contents
	Page

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

2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Planning)
Planning and Development Bill 2006

A Bill for
An Act about planning and development in the ACT 

    

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

Chapter 1	Preliminary
1	Name of Act
This Act is the Planning and Development Act 2006.
2	Commencement
This Act commences on a day fixed by the Minister by written notice.
Note 1	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2	A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
Note 3	If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).
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
In this Act:
development, in relation to land, means the following:
	(a)	building, altering or demolishing a building or structure on the land;
	(b)	carrying out earthworks or other construction work on or under the land;
	(c)	carrying out work that would affect the landscape of the land;
	(d)	using the land, or a building or structure on the land;
	(e)	beginning a new use of the land, or a building or structure on the land;
	(f)	changing a use of the land, or a building or structure on the land, whether by adding a use or stopping a use and substituting another use;
Note	Development approval is not required for continuing use lawfully commenced (see s 195 and s 198).
	(g)	subdividing or consolidating land (whether by lease variation or otherwise);
	(h)	varying a lease relating to the land (including varying by surrender of the lease and grant of a new lease in different terms);
	(i)	varying a lease granted as a concessional lease by surrender and regrant of the lease as a market value lease;
	(j)	putting up, attaching or displaying a sign or advertising material otherwise than in accordance with a licence issued under this Act or permit under the Roads and Public Places Act 1937.
8	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
9	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.
10	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
11	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 230 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 16).
	(m)	to review its own decisions;
	(n)	to provide opportunities for community consultation about, and participation in, planning decisions;
	(o)	to promote public education and understanding of the planning process, including by providing easily accessible public information and documentation on planning and land use.
	(2)	The planning and land authority may exercise any other function given to the authority under this Act, another territory law or a Commonwealth law.
Note	A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
	(3)	The planning and land authority must exercise its functions—
	(a)	in a way that, as far as practicable, gives effect to sustainable development; and
	(b)	taking into consideration the statement of planning intent.
Note 1	For the meaning of sustainable development, see s 8.  The statement of planning intent is dealt with in s 15.
Note 2	The planning and land authority must not do anything inconsistent with the territory plan (see s 49) or the national capital plan (see Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth), s 11).
12	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 13, s 61, s 75, s 97, s 99, s 154, s 238 (2) and s 316.

Part 3.3	Operations of planning and land authority
13	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.
14	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 13.
	(2)	The Minister must consider the recommended direction and must either—
	(a)	direct the planning and land authority under section 13; or
	(b)	tell the Legislative Assembly that the Minister does not propose to direct the authority as recommended and explain why.
	(3)	A direction mentioned in subsection (2) (a) may be in accordance with the Legislative Assembly’s resolution or as changed by the Minister.
15	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 49 (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).
16	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.
17	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.
18	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.
19	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
20	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.
21	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.
22	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.
23	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
24	Authority staff
The planning and land authority’s staff must be employed under the Public Sector Management Act 1994.
25	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
26	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.
27	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 141; and
	(vii)	if representations under section 153 (other than representations that have been withdrawn) have been received on the application; and
	(viii)	whether the application has been amended under section 191; and
	(ix)	if the Minister has decided under section 221 to establish a panel to conduct an inquiry about an EIS for the development proposal to which the application relates;
	(b)	if a development application has been decided under section 158—
	(i)	the date the application was decided; and
	(ii)	whether the application has been approved, approved subject to a condition or refused; and
	(iii)	whether the decision was made by the Minister after calling in the application under division 7.3.5; and
	(iv)	whether the decision on the application has been reconsidered under division 7.3.10; and
	(v)	whether the approval has been amended under section 191;
	(c)	for each controlled activity order while the order is in force—
	(i)	the place to which the order relates; and
	(ii)	the directions in the order (see s 351 (3)); and
	(iii)	the person to whom the order is directed;
	(d)	for each direction under section 359 to carry out rectification work while the direction is in force—
	(i)	the place where the work is to be carried out; and
	(ii)	the person directed to carry out the work;
	(e)	for each prohibition notice given under section 370 while the notice is in force—
	(i)	the place to which the notice relates; and
	(ii)	the person to whom the notice is given.
	(2)	The public register may contain any other information that the planning and land authority considers appropriate.
	(3)	However, the public register must not contain—
	(a)	associated documents for development applications, development approvals or leases; or
Note	Associated document—see s 29.
	(b)	the name of the applicant for a controlled activity order.
	(4)	To remove any doubt—
	(a)	if the planning and land authority approves an exclusion application under section 404 in relation to part of a document required to be included on the register, the part of the document must not be included in the register; and
Note	A note about the exclusion must be included in the register (see s 404 (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 405, the information must not be included in the register.
28	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.
29	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 136 (2) (c), (d) (i) or (e) (i) to accompany an application;
	(b)	an assessment required under section 136 (2) (d) (ii) or (g) to accompany the application;
	(c)	a completed EIS required under section 136 (2) (e) (ii) to accompany the application;
Note	For when an EIS is completed, see s 203.
	(d)	a survey certificate required under section 136 (2) (i) to accompany the application;
	(e)	if the planning and land authority has asked for further information under section 138—information provided in accordance with the request;
	(f)	if the planning and land authority corrects the application under section 140—the notice of the correction (see s 140 (2));
	(g)	if the applicant has asked the authority to amend the development application under section 141—any document provided by the applicant to support the request;
	(h)	an agreement by an entity to the development proposed in the application (see s 145 (2) (b));
	(i)	if the application is referred to an entity under division 7.3.3—the advice of the entity in relation to the development application (see s 146 (2));
	(j)	if 1 or more representations have been made under section 153 about the application—each representation (other than a representation that has been withdrawn);
	(k)	if the Minister decides the application—the statement by the Minister in relation to the application presented to the Legislative Assembly under section 157 (2);
	(l)	the notice of the decision on the application given under division 7.3.8;
	(m)	if the applicant for the development application applies under section 185 for reconsideration of a decision to refuse to approve the development—any information included in the application;
	(n)	if the planning and land authority reconsiders a decision to refuse to approve the development—the notice of the decision on reconsideration under section 189;
	(o)	a plan, drawing or specification of a proposed building, structure or earthworks if the plan, drawing or specification—
	(i)	is part of the application (whether as originally made or as amended); or
	(ii)	is approved as part of the approval of the application under section 158; or
	(iii)	is required to be prepared by the applicant under a condition of an approval before the development, or a stated part it, starts;
	(p)	if a panel conducts an inquiry about an EIS for the development proposal to which the application relates—the report the panel gives the Minister under section 223 on the results of the inquiry.
Note	Subsection (3) contains an exception to this subsection.
	(2)	For this part, each of the following is an associated document for a development approval:
	(a)	if the approval holder applies under section 185 for reconsideration of the decision to approve the development subject to conditions—any information included in the application;
	(b)	if the planning and land authority reconsiders the decision to approve the development subject to conditions—the notice of the decision on reconsideration under section 189;
	(c)	if the planning and land authority corrects the approval under section 190—the notice about the correction (see s 190 (2));
	(d)	if the approval holder has applied to amend the approval under section 191—any information included in the application;
	(e)	a plan, drawing or specification of a proposed building, structure or earthworks if the plan, drawing or specification is required to be prepared by the applicant under a condition of an approval before the development, or a stated part of it, starts.
	(3)	However, for this part, an associated document does not include—
	(a)	the plans, drawings or specifications of any residential part of a building or proposed building, other than plans, drawings or specifications that only show the height and external configuration of the building or proposed building; or
	(b)	information in relation to which an exclusion application has been approved under section 404; or
	(c)	information that must not be made available to the public under section 405.

Chapter 4	The land development agency

Part 4.1	Establishment and functions of land agency
Notes 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.
30	Establishment of land agency
The Land Development Agency (the land agency) is established.
31	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 47.
Note 3	A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
32	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 36.

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).
33	Proceeds of lease sales
Consideration received by the land agency for the sale of a lease of land is income of the land agency.
34	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.
35	Liability for territory taxes
This Act does not exempt the land agency from liability for a tax under any other territory law.
36	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.
37	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 36.
	(2)	The amount payable under subsection (1) is the amount agreed between the land agency and the Treasurer or, failing agreement, the amount decided by the Chief Minister.
38	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.
39	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 36 (Ministerial directions to land agency) during the year; and
	(b)	a statement by the land agency about action taken during the year to give effect to any direction given (whether before or during the year) under that section.
Note	Financial year has an extended meaning in the Annual Reports (Government Agencies) Act 2004, s 6.
40	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
41	Establishment of land agency board
The land agency has a governing board (the land agency board).
42	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
43	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.
44	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 415 for provisions of this chapter.
If a form is approved under s 416 for a provision of this chapter, the form must be used.
Under this chapter, applications may be made, and notice may be given, electronically in certain circumstances (see the Electronic Transactions Act 2001).
Part 5.1	The territory plan, its object and effect
45	Territory plan
There must be a territory plan that applies to the ACT.
Note 	The territory plan can be varied (see pt 5.3).
46	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 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.
47	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.
48	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.
49	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 64 and s 70).

Part 5.2	Contents of territory plan
50	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 53.  For more about codes, see s 54.  For more about a territory plan map, see s 55.
	(2)	The territory plan may, but need not—
	(a)	identify future urban areas and include the structure plans that apply to those areas; and
	(b)	identify areas of public land reserved in the plan (whether in a map or elsewhere in the plan) for a purpose mentioned in section 309 (Reserved areas—public land); and
	(c)	to give effect to the object of the plan—provide for other matters relevant to the exercise of the powers of the Territory, the Executive or a territory authority under a territory law; and
	(d)	include anything else relevant to the object of the territory plan.
51	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.
52	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.
53	Development tables
	(1)	A development table for a zone must set out—
	(a)	which assessment track applies to development proposals; and
Note	Assessment tracks are dealt with in ch 7.
	(b)	development that is exempt from requiring development approval; and
	(c)	development that is prohibited; and
	(d)	the code that development proposals must comply with.
	(2)	A development table may exempt a development proposal from requiring development approval subject to a condition.
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).
54	Codes in territory plan
	(1)	A code (other than a general code) in the territory plan must contain either or both of the following:
	(a)	the detailed rules (the code requirements) that apply to development proposals the code applies to;
	(b)	the criteria (the merit criteria) that apply to development proposals the code applies to, other than proposals in the code track.
	(2)	A code must be consistent with each objective for the zone to which the code relates.
	(3)	A code that sets out the requirements that apply to stated areas, or places, or states that it is a precinct code, is a precinct code.
Note	A concept plan is a precinct code (see s 92 (b)).
	(4)	A code that sets out the requirements for types of development, or states that it is a development code, is a development code.
	(5)	A code that sets out rules applicable to the Territory, the Executive, a Minister or a territory authority, whether or not it also contains policies to be complied with, code requirements and merit criteria, is a general code.
55	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
56	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 59); or
	(b)	the Minister directs the authority to revise the territory plan or a provision of the plan (see s 13 (1) (b)).
Note	For territory plan variations that are technical amendments, see pt 5.4 and pt 5.5.
	(2)	If the planning and land authority prepares a draft plan variation, the authority must prepare a consultation notice (see s 62) that invites comments on the draft plan variation and, when publicly notified, may give the draft plan variation interim effect (see s 63 and s 64).
	(3)	The planning and land authority—
	(a)	may revise or withdraw the draft plan variation after the end of public consultation (see s 67); and
	(b)	unless the variation is withdrawn, must—
	(i)	give the variation to the Minister for approval (see s 68); and
	(ii)	give notice that the variation and other documents are available for public inspection (see s 69).
	(4)	If notice is given of the draft plan variation’s availability for inspection, the draft plan variation notified may have interim effect (see s 70 and s 71).
	(5)	The Minister may, after receiving a committee report about the draft plan variation or in other circumstances, approve the plan variation, or take other action under section 75 (Minister’s powers in relation to draft plan variations).
	(6)	The Minister may revoke an approval of a draft plan variation before presenting the approved plan variation to the Legislative Assembly (see s 76), but otherwise must present the approved plan variation to the Legislative Assembly (see s 78).
	(7)	The Legislative Assembly may reject the plan variation (see s 79) but, if the plan variation, or a provision of the plan variation, is not rejected, the Minister must fix a day when the variation commences (see s 82).
	(8)	Different provisions apply to plan variations that are technical amendments (see s 86), including future urban areas (see pt 5.4 and pt 5.5, particularly s 94).
57	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 60 (b) on the proposed draft plan variation from which the draft plan variation or plan variation came; and
	(iii)	any relevant planning report or strategic environmental assessment;
	(c)	a statement, by the planning and land authority, of the reasons for any inconsistency between the draft plan and—
	(i)	a direction mentioned in paragraph (b) (i); or
	(ii)	a comment mentioned in paragraph (b) (ii); or
	(iii)	a recommendation in a relevant planning report or strategic environmental assessment;
	(d)	any other document—
	(i)	considered by the authority to be necessary or useful in explaining the variation; or
	(ii)	designated by the authority in writing as a background paper.
consultation comments, in relation to a draft plan variation—see section 62 (1) (b).
consultation notice, for a draft plan variation—see section 62 (1).
consultation period, for a draft plan variation—see section 62 (1) (a).
corresponding plan variation, for a draft plan variation, means the plan variation developed from the draft plan variation.
draft plan variation—see section 59.
plan variation means a draft plan variation approved by the Minister under section 75 (Minister’s powers in relation to draft plan variations).
public availability notice, for a draft plan variation—see section 69.
technical amendments—see section 86.
58	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
59	Preparation of draft plan variations
The planning and land authority may prepare a document (a draft plan variation) to vary the territory plan.
60	Consultation etc about draft plan variations being prepared
The planning and land authority must, in preparing a draft plan variation under section 59—
	(a)	tell the Minister in writing that the authority is preparing a draft plan variation; and
	(b)	consult with each of the following in relation to the proposed draft plan variation:
	(i)	the national capital authority;
	(ii)	the conservator of flora and fauna;
	(iii)	the environment protection authority;
	(iv)	the heritage council;
	(v)	if the draft plan variation would, if made, be likely to affect unleased land or leased public land—each custodian for the land likely to be affected; and
	(c)	consider any relevant planning report or strategic environmental assessment; and
Note	The planning and land authority may prepare a planning report or strategic environmental assessment in relation to the proposed draft plan variation (see s 97 and s 99).
	(d)	if the draft plan variation would, if made, vary the statement of strategic directions—consider whether the draft plan variation, if made, would promote the planning strategy.
61	Ministerial requirements for draft plan variations being prepared
	(1)	This section applies if the authority tells the Minister under section 60 that the authority is preparing a draft plan variation.
	(2)	The Minister may direct the planning and land authority to do 1 or both of the following:
	(a)	to prepare a planning report or strategic environmental assessment in relation to the draft plan variation that the authority is preparing;
	(b)	to tell the Minister when the draft plan variation being prepared is ready to be notified under section 62.
Note 1	The planning and land authority must comply with a direction given by the Minister (see s 12).
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.
62	Public consultation—notification
	(1)	Before giving a draft plan variation to the Minister for approval under section 68, the planning and land authority must prepare a notice (a consultation notice)—
	(a)	stating that copies of the draft plan variation and the background papers are available for public inspection and purchase during a stated period of not less than 15 working days (the consultation period) at stated places; and
	(b)	inviting people to give written comments (consultation comments) about the draft plan variation to the authority at a stated address during the consultation period; and
	(c)	stating that copies of written comments about the draft plan variation, given in response to the invitation in paragraph (b) or otherwise, or received from the national capital authority, will be made available (unless exempted) for public inspection for a period of at least 15 working days starting on the day after the day the consultation period ends, at stated places; and
	(d)	that complies with section 63.
	(2)	The planning and land authority may (by an extension notice), extend or further extend the consultation period.
Note	The planning and land authority may extend the consultation period after the end of the period being extended (see Legislation Act, s 151C (3)).
	(3)	The following are notifiable instruments:
	(a)	the consultation notice;
	(b)	any extension notice.
Note 	A notifiable instrument must be notified under the Legislation Act.
	(4)	The planning and land authority must also publish the consultation notice and any extension notice in a daily newspaper.
Note	The planning and land authority must make copies of the draft plan variation and background papers mentioned in the consultation notice available (see s 65).
	(5)	This section does not apply in relation to a draft plan variation that has been revised by the planning and land authority in accordance with a direction under section 75 (3) (b) (Minister’s powers in relation to draft plan variations).
63	Public consultation—notice of interim effect etc
	(1)	A consultation notice must state—
	(a)	whether or not section 64 applies in relation to the draft plan variation, or part of the draft variation; and
	(b)	where further information about the draft plan variation can be found.
	(2)	A consultation notice that states that section 64 applies—
	(a)	must also state the effect of section 64; and
	(b)	may also state, for section 64 (2), a period not longer than 1 year that is the maximum period during which the draft variation, or part, is to have interim effect.
64	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 49).
	(3)	In this section:
defined period, for a draft plan variation, means the period—
	(a)	starting on the day (the notification day) when the consultation notice for the draft plan variation is notified under the Legislation Act (see s 62); and
	(b)	ending on the day the earliest of the following happens:
	(i)	the day the public availability notice under section 69 for the draft plan variation is notified in accordance with the Legislation Act;
	(ii)	the day the draft variation, or the corresponding plan variation, is withdrawn under section 67 (1) (b) or section 75 (3) (b) (v);
	(iii)	the period of 1 year after the notification day ends.
draft plan variation includes a provision of a draft plan variation.
65	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)	If, in the planning and land authority’s opinion, it would not be in the public interest for part of the draft plan variation or of any background paper to be published, the authority must exclude that part from each copy of the document made available under subsection (1).
	(3)	If part of a draft plan variation or a background paper is excluded under subsection (2), each copy of the document made available for public inspection and purchase under subsection (1) must include a statement to the effect that an unmentioned part of the document has been excluded in the public interest.
66	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 404 and s 405.
Division 5.3.3	Action after consultation about draft plan variations
67	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 64 (Effect of draft plan variations publicly notified) in relation to the withdrawal.
	(3)	The withdrawal of a draft plan variation is a notifiable instrument.
Note 	A notifiable instrument must be notified under the Legislation Act.
	(4)	The planning and land authority must also publish the withdrawal of a draft plan variation in a daily newspaper on the same day, or as soon as practicable after, the authority prepares the withdrawal.
	(5)	In revising or withdrawing a draft plan variation under subsection (1), the planning and land authority must consider written comments (including consultation comments) about the draft variation received from any entity, including the national capital authority.
	(6)	In addition to its power under subsection (1), the planning and land authority may, at any time before a draft plan variation is given, or given again, to the Minister, revise the variation to correct a formal error.
Division 5.3.4	Draft plan variations given to Minister
68	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 67; and
	(b)	if the draft plan variation has been varied under section 67—as varied under section 67.
	(2)	The planning and land authority must give the draft plan variation to the Minister for approval, together with—
	(a)	the background papers relating to the variation; and
	(b)	a written report setting out the issues raised in any written comments (including consultation comments) about the variation; and
	(c)	a written report about the authority’s consultation with—
	(i)	the public; and
	(ii)	the national capital authority; and
	(iii)	the conservator of flora and fauna; and
	(iv)	the environment protection authority; and
	(v)	the heritage council; and
	(vi)	if the draft plan variation would, if made, be likely to affect unleased land or leased public land—each custodian for the land likely to be affected; and
	(d)	a copy of any written document given to the Minister by the national capital authority in relation to the draft plan variation.
Note	The Minister must give a copy of the documents given to the Minister under this section to a committee of the Legislative Assembly (see s 72).
69	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 68 (2) (including the draft plan variation) are available for public inspection.
	(2)	A public availability notice is a notifiable instrument.
Note 	A notifiable instrument must be notified under the Legislation Act.
	(3)	The planning and land authority must also publish a public availability notice in a daily newspaper.
	(4)	The planning and land authority must make copies of the documents mentioned in section 68 (2) available for public inspection during office hours during the period, and at the places, stated in the public availability notice.
70	Public availability notice—notice of interim effect etc
	(1)	A public availability notice must state—
	(a)	whether or not section 71 applies in relation to the draft plan variation, or part of the draft variation; and
	(b)	where further information about the draft plan variation can be found.
	(2)	A public availability notice that states that section 71 applies must also state the effect of section 71.
71	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 49).
	(3)	In this section:
defined period, for a draft plan variation, means the period—
	(a)	starting on the day (the notification day) when the draft plan variation given to the Minister is notified under the Legislation Act (see s 69); and
	(b)	ending on the earliest of the following days:
	(i)	the day the corresponding plan variation, or part of it, commences;
Note	The Minister must fix a day for the variation, or part of it, to commence under s 82 or s 83.
	(ii)	the day the corresponding plan variation is rejected by the Legislative Assembly;
	(iii)	the day the corresponding plan variation is withdrawn in accordance with a requirement under section 75 (3) (b) (v) or section 83 (3) (b);
	(iv)	the period of 1 year after notification day ends.
draft plan variation includes a provision of a draft plan variation.
Division 5.3.5	Consideration of draft plan variations by Assembly committee
72	Consideration of draft plan variations by Legislative Assembly committee
	(1)	This section applies if the Minister is given a draft plan variation under section 68.
	(2)	The Minister may, not later than 20 working days after the day the Minister receives the draft plan variation, refer the draft plan variation documents to an appropriate committee of the Legislative Assembly together with a request that the committee report on the draft plan variation to the Legislative Assembly.
	(3)	To remove any doubt, if the Minister does not refer a draft plan variation to an appropriate committee of the Legislative Assembly, the committee is not prevented from considering the draft plan variation documents if the draft plan variation is otherwise referred to the committee.
	(4)	In this section:
draft plan variation documents means—
	(a)	the draft plan variation; and
	(b)	the documents mentioned in section 68 (2) that relate to the draft plan variation.
73	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 72.
	(2)	The Minister—
	(a)	unless section 74 applies, must not take action under section 75 in relation to the draft plan variation until the committee of the Legislative Assembly has reported on the variation; and
	(b)	after the committee reports on the variation—must take action under section 75 in relation to the variation.
74	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 72; and
	(b)	the committee has not reported on the variation by the end of the period of 6 months starting on the day after the day the variation is referred.
	(2)	The Minister may take action under section 75 in relation to the draft plan variation, even though the committee of the Legislative Assembly has not reported on the variation.
Division 5.3.6	Ministerial and Legislative Assembly action on draft plan variations
75	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 68 or section 77 (3) or (4); or
	(b)	the Minister revokes the approval of a plan variation (see s 76).
	(2)	However, this section does not apply if—
	(a)	a draft plan variation has been referred to an appropriate committee of the Legislative Assembly (other than under section 72); and
	(b)	either—
	(i)	the committee has not reported on the draft plan variation; or
	(ii)	the committee has reported, but the Minister has not considered the report.
	(3)	The Minister must—
	(a)	approve the draft plan variation in the form given; or
Note	A draft plan variation approved by the Minister is a plan variation (see s 57, 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 72 or otherwise; and
	(b)	if the draft plan variation would, if made, vary the statement of strategic directions—whether the variation would promote the planning strategy.
Note—par (a)
The Minister must not take action under this section in some circumstances if the committee has not reported (see s 73 and s 74).
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.
76	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 75 (3) (a); and
	(b)	the plan variation has not been presented to the Legislative Assembly.
	(2)	The Minister may revoke the approval and return the plan variation to the planning and land authority.
	(3)	A plan variation returned to the planning and land authority under this section must be treated by the Minister as a draft plan variation to which section 75 applies.
77	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 75 (3) (b).
	(2)	The planning and land authority must comply with each direction.
	(3)	If the direction is given under section 75 (3) (b) (i), (ii) or (iii), the planning and land authority may revise the draft variation and give it to the Minister for approval with a written report about—
	(a)	the authority’s compliance with the Minister’s direction; and
	(b)	any further revision of the draft variation under section 67 (6).
	(4)	If the direction is given under section 75 (3) (b) (iv), the planning and land authority must give the Minister the draft variation, as revised in accordance with the direction, together with a written report about any further revision of the draft variation under section 67 (6).
78	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 77 (3) or (4).
	(2)	Subsection (1) is subject to section 76 (Minister may revoke approval of draft plan variations before presentation).
	(3)	If a plan variation is not presented to the Legislative Assembly in accordance with subsection (1), the plan variation does not come into effect.
79	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.
80	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 79 (2)—
	(a)	the Legislative Assembly is dissolved or expires; and 
	(b)	at the time of dissolution or expiry—
	(i)	the notice has not been withdrawn and the motion has not been called on; or
	(ii)	the motion has been called on and moved and has not been withdrawn or otherwise disposed of.
	(2)	If this section applies, the plan variation is taken, for section 79 (2) and (3), to have been presented to the Legislative Assembly on the first sitting day of the Legislative Assembly after the next general election of members of the Assembly.
81	Consequences of rejection of plan variations by Legislative Assembly
	(1)	This section applies if a plan variation is completely rejected under section 79 (1), or taken to be completely rejected under section 79 (3).
	(2)	The plan variation does not come into force if this section applies.
Note	The interim effect of the draft plan variation also ends (see s 71 (3), def defined period, par (b) (ii)).
	(3)	The planning and land authority must prepare a notice stating that the plan variation has been rejected.
	(4)	The notice is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(5)	The planning and land authority must also publish the notice in a daily newspaper on the same day, or as soon as practicable after, the rejection is notified under the Legislation Act.
Division 5.3.7	Commencement and publication of plan variations
82	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 79 (3).
	(2)	The Minister must fix a day when the plan variation is to commence.
Note 1	An instrument under this subsection is a commencement notice  (see Legislation Act, s 11).  A commencement notice must be notified under the Legislation Act.  The plan variation commences in accordance with the commencement notice.
Note 2	On commencement, a plan variation varies the territory plan according to its terms.
	(3)	The planning and land authority must publish in a daily newspaper details of—
	(a)	the commencement notice under subsection (2); and
	(b)	where copies of the plan variation may be inspected or purchased.
	(4)	The planning and land authority must make copies of the plan variation available for inspection or purchase during office hours at the places, and during the period, published in the newspaper under subsection (3) (b).
83	Partial rejection of plan variations by Legislative Assembly
	(1)	This section applies if a plan variation is partly rejected under section 79 (1) (Assembly may reject plan variations completely or partly), or taken to be partly rejected under section 79 (3).
	(2)	A provision of a plan variation does not come into force if—
	(a)	it is rejected, or taken to be rejected, by the Legislative Assembly under section 79 (1) or (3); or
	(b)	it is withdrawn under subsection (3) (b).
	(3)	The Minister must, in relation to each provision of the plan variation that is not rejected—
	(a)	fix a day when the provision (an approved provision) is to commence; or
	(b)	withdraw the provision.
Note 1	An instrument under par (a) is a commencement notice (see Legislation Act, s 11).  A commencement notice must be notified under the Legislation Act.
Note 2	On commencement, a provision of a plan variation varies the territory plan according to its terms.
	(4)	A withdrawal under subsection (3) (b) is a notifiable instrument.
Note 	A notifiable instrument must be notified under the Legislation Act.
84	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 83 (3) (a) for a provision (an approved provision); or
	(b)	a withdrawal notice under section 83 (3) (b).
	(2)	The details of a commencement notice published under subsection (1) (a) for an approved provision must include details of where, and for what period, copies of the provision may be inspected or purchased.
	(3)	The planning and land authority must make copies of each approved provision available for inspection or purchase during office hours at the place or places, and during the period, published in the newspaper under subsection (2).

Part 5.4	Plan variations—technical amendments
    
85	Definitions—pt 5.4
In this part:
code variation—see section 86 (b).
error variation—see section 86 (a).
limited consultation means consultation under section 89.
technical amendment—see section 86.
86	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 94 (Rezoning—future urban areas) or section 95 (When land ceases to be in future urban area);
	(d)	a variation required to bring the territory plan into line with the national capital plan after a change to the national capital plan.
87	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 94 (Rezoning—future urban areas).
	(2)	A technical amendment, other than a technical amendment for which limited consultation is needed, does not need any consultation before it is made under section 88.
88	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)	for a technical amendment for which limited consultation is needed—the limited consultation has taken place.
	(2)	The planning and land authority may put the plan variation in writing.
	(3)	The plan variation is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(4)	The planning and land authority must fix a day when the plan variation is to commence.
Note 1	An instrument under this subsection is a commencement notice  (see Legislation Act, s 11).  A commencement notice must be notified under the Legislation Act.  The plan variation commences in accordance with the commencement notice.
Note 2	On commencement, a plan variation varies the territory plan according to its terms.
	(5)	Not later than 5 working days after the day the plan variation is notified under the Legislation Act, the planning and land authority must publish a notice in a daily newspaper that—
	(a)	describes the variation; and
	(b)	states the date of effect of the variation; and
	(c)	if the authority considers it necessary or helpful—states where the plan variation and information about the plan variation is available for inspection.
89	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 in future urban areas
90	Including structure plan by plan variation
The territory plan may be varied under part 5.3 to include a structure plan.
91	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 50 (2) (a)).
Note 2	Certain development may be prohibited in future urban areas (see s 133).
92	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 54 (3)) that guides—
	(i)	the preparation and assessment of development in future urban areas to which the concept plan relates; and
	(ii)	assessment of development when the areas cease to be future urban areas.
93	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 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).
94	Rezoning—future urban areas
	(1)	The planning and land authority may vary the territory plan under section 88 (Making technical amendments) to rezone land in a future urban area unless the rezoning is inconsistent with the principles and policies in the structure plan for the area.
	(2)	The planning and land authority may vary the territory plan under section 88 to change the boundary of a future urban area if the change is—
	(a)	consistent with the structure plan for the area; and
	(b)	necessary to prevent the boundary intruding on leased land other than as intended.
95	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 88 (Making technical amendments) to—
	(a)	identify the zones that will apply to the land, consistent with the estate development plan; and
	(b)	incorporate any other element of the estate development plan that the estate development plan indicates should be ongoing.
	(3)	A variation of the territory plan under subsection (2) has the effect that the land dealt with by the estate development plan ceases to be in a future urban area.

Part 5.6	Planning reports and strategic environmental assessments
96	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.
97	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 61 and s 238 (2).
	(2)	The planning and land authority may prepare a planning report if satisfied that it is necessary or convenient to do so in relation to a matter relevant to the object of this Act.
98	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).
99	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 61 (2) (a).  The authority is required to prepare an assessment under s 102 (2).
	(2)	The planning and land authority may prepare a strategic environmental assessment if satisfied that it is necessary or convenient to do so in relation to a matter relevant to the object of this Act.
100	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
101	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 13 (1) (b) and s 12) or if the authority decides the plan should be reviewed (see s 102).
	(2)	In deciding whether the territory plan should be reviewed, the planning and land authority must consider whether the territory plan—
	(a)	is consistent with the object of this Act; and
	(b)	is consistent with its object; and
	(c)	gives effect to its object in a way that is not inconsistent with the national capital plan; and
	(d)	gives effect to its object in a way that gives effect to sustainability principles; and
	(e)	promotes the planning strategy; and
	(f)	meets current community and building industry expectations.
	(3)	After the planning and land authority considers whether the territory plan should be reviewed, the authority must prepare a notice stating—
	(a)	that the authority has considered whether the plan should be reviewed; and
	(b)	the authority’s decision on whether the plan should be reviewed; and
	(c)	the date of the authority’s decision.
	(4)	A notice under subsection (3) is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(5)	To remove any doubt—
	(a)	the planning and land authority need not undertake a review of the territory plan unless—
	(i)	the authority decides a review is necessary; or
	(ii)	the Minister directs the authority to review the plan (see s 13 (1) (b)); and
	(b)	a decision under this section not to review the territory plan does not affect the authority’s function of continually reviewing the territory plan.
102	Review of territory plan
	(1)	This section applies if the planning and land authority decides under section 101 that the territory plan should be reviewed.
	(2)	The planning and land authority must review the territory plan and, for that purpose, must prepare a strategic environmental assessment in relation to the review.
Note	Requirements for strategic environmental assessments are dealt with in pt 5.6.
	(3)	After reviewing the territory plan, the planning and land authority must prepare a notice stating—
	(a)	that the authority has reviewed the plan; and
	(b)	the authority’s findings on the review.
	(4)	The planning and land authority must give the notice under subsection (3) to the Minister.
	(5)	A notice under subsection (3) is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.

Part 5.8	Territory plan—miscellaneous
103	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
    
104	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.
105	Public availability of planning strategy
The planning strategy is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
106	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.
107	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.
108	Consideration of planning strategy
	(1)	The planning strategy must be considered by—
	(a)	the planning and land authority under section 60 and section 101 (2) (e); and
	(b)	the Minister under section 75; and
	(c)	the Executive under section 109.
	(2)	The planning strategy is not a relevant consideration by the planning and land authority, the Minister or another entity, except as provided by subsection (1).
	(3)	Without limiting subsection (2), the planning strategy is not a relevant consideration for a decision under the following provisions:
	(a)	chapter 7 (Development approvals);
	(b)	chapter 8 (Environmental impact statements and inquiries);
	(c)	chapter 9 (Leases and licences);
	(d)	chapter 10 (Management of public land);
	(e)	chapter 11 (Controlled activities).
	(4)	The planning strategy must not be considered by—
	(a)	the planning and land authority, the Minister or any other entity, in the exercise of a function under this Act, except as provided under subsection (1); or
	(b)	a court in a proceeding on a decision made by the Minister, the authority or any other entity.
	(5)	In this section:
court includes a tribunal, authority or person with power to require the production of documents or the answering of questions.
109	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 106.
	(3)	After the Executive considers whether the planning strategy should be reviewed, the Executive must prepare a notice stating—
	(a)	that the Executive has considered whether the planning strategy should be reviewed; and
	(b)	the Executive’s decision on whether the planning strategy should be reviewed; and
	(c)	the date of the Executive’s decision.
	(4)	A notice under subsection (3) is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(5)	To remove any doubt, the Executive is not required to undertake a review of the planning strategy.
110	If review of planning strategy necessary
If the Executive decides under section 109 that the planning strategy should be reviewed, the Executive must arrange for the planning strategy to be reviewed.

Chapter 7	Development approvals
Notes to ch 7
Fees may be determined under s 415 for provisions of this chapter.
If a form is approved under s 416 for a provision of this chapter, the form must be used.
Under this chapter, applications may be made, and notice may be given, electronically in certain circumstances (see the Electronic Transactions Act 2001).
Part 7.1	Outline
111	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 code requirements 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 code requirements and merit 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 code requirements and merit 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 development
1	single residence in new housing area
2	small shed
Examples of possible prohibited proposals
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
112	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.
113	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 123 (Minister may declare impact track applicable) in relation to the proposal; or
	(b)	section 124 (Declaration by Public Health Act Minister affects assessment track) applies the impact track to the development.
114	Application of inconsistent relevant 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 relevant code requirements for the proposal are inconsistent.
	(2)	If the relevant code requirements of a precinct code and either a development code or a general code are inconsistent, the relevant code requirements of the precinct code apply to the development proposal and not the relevant code requirements of the development code or general code, to the extent of the inconsistency.
	(3)	If the relevant code requirements of a development code and a general code are inconsistent, the relevant code requirements of the development code apply to the development proposal and not the relevant code requirements of the general code, to the extent of the inconsistency.
	(4)	If the relevant code requirements of 2 or more precinct codes, development codes or general codes are inconsistent, the relevant code requirements of the more recent code apply to the development approval and not the relevant code requirements of the earlier code, to the extent of the inconsistency.
	(5)	To remove any doubt, a relevant code requirement is not inconsistent with the code requirements of another code only because one code deals with a matter and the other does not.
Division 7.2.2	Code track
115	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 code requirements.
Note 1	Code requirements—see s 54.
Note 2	Relevant code requirements—see the dictionary.
116	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.
117	Code track—time for decision on application
A development application for a development proposal in the code track must be decided under section 158 (Deciding development applications) not later than 20 working days after the day the application is made to the planning and land authority.
Division 7.2.3	Merit track
118	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 49) or the National Capital Plan (see Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth), s 11).
Note 2	Relevant code—see the dictionary.
	(2)	Also, development approval must not be given for a development proposal in the merit track if approval would be inconsistent with any advice given by an entity to which the application was referred under division 7.3.3 unless the person deciding the application is satisfied that—
	(a)	the following have been considered:
	(i)	any applicable guidelines;
	(ii)	any realistic alternative to the proposed development, or relevant aspects of it; and
	(b)	the decision is consistent with the objects of the territory plan.
	(3)	To remove any doubt, if a proposed development will affect a registered tree or declared site—
	(a)	the person deciding the development application for the proposed development must not approve the application unless the approval is consistent with the advice of the conservator of flora and fauna in relation to the proposal; and
	(b)	subsection (2) does not apply in relation to the conservator’s advice.
119	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 146 (Requirement to give advice in relation to development applications)—the entity’s advice;
Note	Advice on an application is given in accordance with section 146 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 147).
	(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.
120	Merit track—notification and right of review
If a development proposal is in the merit track, the application for development approval for the proposal must be publicly notified under division 7.3.4 and there may be a right of review under chapter 13 in relation to a decision on the application.
121	Merit track—time for decision on application
A development application for a development proposal in the merit track must be decided under section 158 (Deciding development applications) not later than—
	(a)	if no representation is made in relation to the proposal—30 working days after the day the application is made to the planning and land authority; or
	(b)	in any other case—45 working days after the day the application is made to the authority.
Division 7.2.4	Impact track
122	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 123 in relation to the proposal; or
	(d)	section 124 (Declaration by Public Health Act Minister affects assessment track) or section 131 (Impact track applicable to development proposals not otherwise provided for) provides that the impact track applies to the proposal.
123	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 412).
124	Declaration by Public Health Act Minister affects assessment track
	(1)	This section applies if—
	(a)	the Minister responsible for the Public Health Act 1997, section 134 (Development approvals under Planning and Development Act, s 117) makes a declaration for this section in relation to a development application for a development proposal; and
	(b)	the application is publicly notified; and
	(c)	the declaration is made during the public consultation period for the application.
Note	A development application in the code track will never be publicly notified.
	(2)	The impact track applies to the development proposal.
125	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 123 in relation to the proposal; or
	(ii)	section 124 applies in relation to the proposal; and
	(b)	the application does not satisfy the requirements for an application in the impact track.
	(2)	The development application is, by force of this section, taken to have been withdrawn.
	(3)	The planning and land authority must give the applicant notice of the effect of this section.
126	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 205.
Note 1	Requirements for development applications are dealt with in div 7.3.2.
Note 2	Requirements for an EIS are dealt with in pt 8.2.
Note 3	For when an EIS is completed, see s 203.
127	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 205; and
	(b)	the proposal is consistent with—
	(i)	the statement of strategic directions; and
	(ii)	if the proposed development relates to land comprised in a rural lease—any land management agreement for the land; and
	(iii)	if the proposed development will affect a registered tree or declared site—the advice of the conservator of flora and fauna in relation to the application.
Note 1	An application cannot be approved if it is inconsistent with the territory plan (see s 49) or the National Capital Plan (see Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth), s 11).
Note 2	Requirements for an EIS are dealt with in pt 8.2.
Note 3	For when an EIS is completed, see s 203.
Note 4	For the term of a scoping document for an EIS, see s 209.
	(2)	Also, development approval must not be given for a development proposal in the impact track if approval would be inconsistent with any advice given by an entity to which the application was referred under division 7.3.3 unless the person approving the application is satisfied that—
	(a)	the following have been considered:
	(i)	any applicable guidelines;
	(ii)	all reasonable development options and design solutions;
	(iii)	any realistic alternative to the proposed development, or relevant aspects of it; and
	(b)	the decision is consistent with the objects of the territory plan.
	(3)	To remove any doubt, if a proposed development will affect a registered tree or declared site—
	(a)	the person deciding the development application for the proposed development must not approve the application unless the approval is consistent with the advice of the conservator of flora and fauna in relation to the proposal; and
	(b)	subsection (2) does not apply in relation to the conservator’s advice.
128	Impact track—considerations when deciding development approval
In deciding a development application for a proposal in the impact track, the decision-maker must consider the following:
	(a)	the objectives for the zone in which the development is proposed to take place;
	(b)	the relevant code;
	(c)	the suitability of the land where the development is proposed to take place for a development of the kind proposed;
	(d)	each representation received by the authority in relation to the application that has not been withdrawn;
	(e)	if an entity gave advice on the application in accordance with section 146 (Requirement to give advice in relation to development applications)—the entity’s advice;
Note	Advice on an application is given in accordance with section 146 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 147).
	(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 203.
	(i)	the conclusions of any inquiry about an EIS for the proposed development under chapter 8 (Environmental impact statements and inquiries).
129	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 right of review under chapter 13 by someone other than the applicant in relation to the decision on the application.
130	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 158 (Deciding development applications) not later than—
	(a)	if no representation is made in relation to the proposal—30 working days after the day the application is made to the planning and land authority; or
	(b)	in any other case—45 working days after the day the application is made to the authority.
Division 7.2.5	Development proposals not in development table and not exempted
131	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 proposals and prohibited developments
132	Exempt development proposals
	(1)	If a development is exempt from requiring development approval, either under the relevant development table or under subsection (2)—
	(a)	the development may be undertaken without a development application and development approval; and
	(b)	a person cannot apply for approval of a development proposal for the development.
Note 	The development proposal may still need a building approval under the Building Act 2004.
	(2)	A development proposal is exempt from requiring development approval if the development proposed—
	(a)	is exempt under the relevant development table (see s 53); or
	(b)	is exempted by regulation.
133	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 194).
Note 3	However, if development is authorised by a development approval and subsequently becomes prohibited, the development can continue (see s 195).
Note 4	Also, development that is lawful when it begins continues to be lawful (see s 197 and s 198).
	(2)	A development proposal by an entity other than the Territory or a territory authority in a future urban area is prohibited unless the structure plan for the area expressly states otherwise.
134	Applications for development approval in relation to use for otherwise prohibited development
	(1)	This section applies to a development proposal in relation to beginning a use of land, or a building or structure on the land, if—
	(a)	the use is allowed under the lease; but
	(b)	beginning the use is a prohibited development.
	(2)	Despite section 133—
	(a)	a person may apply to the planning and land authority for development approval for the proposal; and
	(b)	the proposal is taken not to be prohibited development; and
	(c)	the impact track applies to the proposal.
	(3)	Section 194 (1) to (4) does not apply to a development in accordance with a development approval if the approval is of an application mentioned in subsection (2) (a).

Part 7.3	Development applications
Division 7.3.1	Pre-application advice on development proposals
135	Consideration of development proposals
	(1)	The planning and land authority may, but need not, consider a development proposal if asked by the proponent of the proposal.
Example of when authority might not consider development proposal
the proposal does not contain enough information to sensibly consider the proposal under this section
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	The planning and land authority must, after considering the development proposal, tell the person, in writing, the following in relation to the proposal:
	(a)	which assessment track is likely to apply to the proposal, or if the proposal is likely to be exempt or prohibited;
	(b)	whether the application will be referred under division 7.3.3 (Referral of development applications);
	(c)	whether public notification under division 7.3.4 will be required for the application;
	(d)	whether the development proposed is consistent with existing lease conditions applying to the land where the development is proposed to take place;
	(e)	generally, what further information may be required.
	(3)	The planning and land authority’s advice on a proposed development application after consideration is intended to guide and assist the applicant in making the development application.
	(4)	However, the planning and land authority may act inconsistently with advice under this section in relation to a development proposal if—
	(a)	the environmental circumstances surrounding the development proposal change; or
	(b)	the development proposal for which development approval is sought is different from the proposal in relation to which the advice was given; or
	(c)	when the proponent asked for advice, the request did not include relevant information; or
	(d)	the territory plan changes after the advice is given and before the authority acts; or
	(e)	the advice given was inconsistent with the territory plan because of an error.
	(5)	Advice given under this section expires 6 months after the day it is given.
Division 7.3.2	Requirements for development applications
136	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 code requirements; and
	(d)	if the application is for approval of a development in the merit track—be accompanied by—
	(i)	information or documents addressing the relevant code requirements and relevant merit criteria; and
	(ii)	an assessment of the possible environmental effects of the development in detail that is sufficient taking into consideration the size and significance of the impact of the development on the environment; and
	(e)	if the application is for approval of a development in the impact track—be accompanied by—
	(i)	information or documents addressing the relevant code requirements and relevant merit criteria; and
	(ii)	the completed EIS for the proposal; and
	(f)	if the application is for approval of a variation of a lease—be accompanied by an assessment by an accredited valuer that sets out the amounts of the values represented by V1 and V2 in section 270;
	(g)	if the application is for approval of a development that is a lease variation to pay out land rent for land—state the greatest of the following amounts:
	(i)	the current site value of the land;
	(ii)	if the land was purchased at auction—the reserve price of the land at the auction;
	(iii)	if the land was granted by direct grant—the value of the land when originally granted; and
	(h)	if the application is for approval of a development prescribed by regulation for this paragraph—an assessment prepared using criteria provided by 1 or more of the entities to which the application is required to be referred under division 7.3.3; and
	(i)	if the application is for approval of a development that requires construction work to be carried out on land that has previously been developed and is not leased for rural purposes—be accompanied by a survey certificate for the land where the development is to be carried out (unless otherwise prescribed by regulation); and
	(j)	if the application is for development to which section 199 (Development applications for developments undertaken without approval) applies—be accompanied by a plan of the development prepared by a registered surveyor that sets out the dimensions of the development.
Note 1	A development application in the impact track must usually include an EIS (see s 127).
Note 2	A development application for a development proposal to which division 7.2.5 applies must include an EIS (see s 119 and div 7.2.4).
Note 3	For when an EIS is completed, see s 203.
	(3)	A person who signs an application under subsection (2) (b) (i) is taken to be an applicant in relation to the application.
	(4)	In this section:
current site value, of a lease, means the market value of the lease on the day proposed for pay out of the lease if—
	(a)	the lease were offered for sale subject to the existing conditions on the lease; and
	(b)	the lease had its full term; and
	(c)	the rent payable for the lease were nominal rent; and
	(d)	the value of the lease were not affected by a proposed variation of the lease.
market value, of a lease—see section 226.
relevant merit criteria, for a development proposal, means the merit criteria that apply to the development in each relevant code.
survey certificate, for land where development is to be carried out, means a certificate prepared by a registered surveyor that shows—
	(a)	the boundaries of the land; and
	(b)	the location of each building or structure on the land; and
	(c)	the existing contours of the land.
137	Effect of approvals in development applications
	(1)	This section applies if—
	(a)	a relevant code requirement for a development proposal is that an entity approves the development or certifies something in relation to the development; and
	(b)	the entity approves the development, or certifies something in relation to the development, in writing; and
	(c)	the development application is approved (by way of a development approval).
	(2)	The entity must not act inconsistently with the development approval unless—
	(a)	further information in relation to the development proposed in the application comes to the entity’s attention (other than information mentioned in subsection (3)); and
	(b)	the entity did not have the further information when the entity approved the development or certified the thing; and
	(c)	the further information is relevant to the approval of, or certification in relation to, the development; and
	(d)	the entity would not have approved the development or certified the thing considered if the entity had the further information before deciding the application.
	(3)	Subsection (2) (a) does not apply to further information in relation to a development proposed in an application if—
	(a)	the information was not required in the development application; and
	(b)	the information is required by the entity after the application is approved; and
	(c)	the information is consistent in all significant respects with information already provided by the applicant, except that it is more detailed.
	(4)	For this section, an entity acts inconsistently with a development approval if the entity—
	(a)	does not issue or give an approval or other thing required for the development; or
	(b)	issues or gives the approval or other thing in a way, or subject to a condition, that prevents the applicant undertaking the development approved.
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.
138	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)).
139	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 138 in relation to an application; and
	(b)	the applicant has not provided some or all of the information in accordance with the request.
	(2)	The planning and land authority may refuse the application under section 158.
140	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.
141	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.
142	Referred development application amended
	(1)	This section applies if—
	(a)	a development application has been amended under section 141; and
	(b)	before it was amended, the application was referred to an entity under division 7.3.3.
	(2)	The planning and land authority must refer the development application to the entity.
Note	Section 146 sets out what the entity to which the application is referred must do with the application.
	(3)	A referral under subsection (2) must include a brief description of how the application has been amended since the entity last saw it.
	(4)	However, if the planning and land authority is satisfied that the proposed amendment of the application does not affect any part of the application in relation to which the entity to which the application was referred made a comment, the authority need not refer the proposed amendment to the entity.
143	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.
144	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
145	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 146 in relation to an application for development approval for the development.
	(4)	To remove any doubt, if the planning and land authority is not required to refer a development application to an entity under subsection (1)—
	(a)	the authority need not refer the application to the entity before deciding the application; and
	(b)	the decision of the authority is not affected by the authority not referring the application to the entity.
146	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 142.
	(2)	The entity must give the planning and land authority the entity’s advice in relation to the development application not later than 15 working days after the day the authority gives the application to the entity or, if a shorter period is prescribed by regulation, not later than the end of the shorter period.
Note 1	A written agreement to a development proposal under section 145 (2) (b) is taken to be advice given in accordance with this section in relation to a development application for the proposal (see s 145 (3)).
Note 2	For how documents may be given, see the Legislation Act, pt 19.5.
147	Effect of no response by referral entity
For this Act, if an entity fails to provide advice in accordance with section 146 in relation to a development application referred to the entity, the entity is taken to have given advice that the entity supports the application.
148	Effect of advice by referral entity
	(1)	This section applies if—
	(a)	a development application, including a development application amended under section 141, is referred to an entity; and
	(b)	the entity gives advice on the application in accordance with section 146; and
Note	Advice on an application is given in accordance with section 146 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 146 that the activity (activity B) in the application does not fall within the description of activity A.  The application is approved consistent with the advice.  The entity cannot prosecute a person for carrying out activity B in accordance with the approved application because activity B does fall within the description of activity A and the person did not have approval.
	(6)	For this section, an entity acts inconsistently with advice that the entity is taken under section 147 to have given in relation to a development application if the entity—
	(a)	refuses to do something required to be done by the entity to allow the applicant to undertake the development approved in the application; or
	(b)	does something in a way, or subject to a condition, that prevents the applicant from undertaking the development approved in the application.
Division 7.3.4	Public notification of development applications and representations
149	What is publicly notifies for ch 7?
For this chapter, the planning and land authority publicly notifies a development application if—
	(a)	for an application for a development proposal in the merit track other than a proposal to which paragraph (b) applies—the authority notifies the application under—
	(i)	section 150; and
	(ii)	if the development proposal is, or includes, a lease variation—section 151; or
	(b)	for an application for a development proposal in the impact track or an application for a development proposal in the merit track that is prescribed by regulation for this paragraph—the authority notifies the application under—
	(i)	section 150 and section 152; and
	(ii)	if the development proposal is, or includes, a lease variation—section 151; or
Note 1	Only developments to which the merit track and impact track applies are required to be publicly notified (see s 120 and s 129).  Also, the planning and land authority must re-notify some amended development applications (see s 143).
Note 2	A person other than an applicant may apply for review of a decision to approve a development application in the merit track only if the application is required to be notified under section 152 (see sch 1, item 4).
150	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)—
	(a)	if, in the authority’s opinion, it would be impractical to give notice by post to the lessee of each adjoining place because of the number of adjoining places; or
	(b)	in relation to an adjoining place that is leased by the applicant or a person for whom the applicant has been appointed to act as agent.
Note	This section is subject to s 404 and s 405.
	(5)	The validity of a development approval is not affected by a failure by the planning and land authority to comply with this section.
	(6)	In this section:
adjoins—a place adjoins another place if the place touches the other place, or is separated from the other place only by a road, reserve, river, watercourse or similar division.
registered proprietor—see section 226.
151	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.
152	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 404 and s 405.
	(2)	A person commits an offence if—
	(a)	a sign is displayed under subsection (1) (a); and
	(b)	the person moves, alters, damages, defaces, covers or prevents access to the sign while it is required to be displayed.
Maximum penalty:  5 penalty units.
	(3)	An offence against subsection (2) is a strict liability offence.
	(4)	Subsection (2) does not apply to a person if the person acts with the written approval of the chief planning executive.
	(5)	The validity of a development approval is not affected by a failure by the planning and land authority to comply with this section.
153	Representations about development applications
	(1)	Anyone may make a representation about a development application that has been publicly notified under this Act.
Note	Only developments in the merit track and impact track are required to be publicly notified (see s 120 and s 129).  Also, the planning and land authority must re-notify some amended development applications (see s 143).
	(2)	A representation about a development application must be made during the public consultation period for the application.
	(3)	The planning and land authority may, by notice published in a daily newspaper, extend the public consultation period.
Note	The planning and land authority may extend the public consultation period after it has ended (see Legislation Act, s 151C).
	(4)	A person who makes a representation about a development application may, in writing, withdraw the representation at any time before the application is decided.
	(5)	To remove any doubt, a representation about a development application—
	(a)	may relate to how the development proposed in the application meets, or does not meet, any finding or recommendation of the EIS for the development; and
	(b)	must not relate to the adequacy of the EIS for the development.
Note	Representations about a draft EIS may be made under s 212.
	(6)	In this section:
public consultation period means—
	(a)	the period prescribed by regulation for this section; or
	(b)	if the period prescribed is extended under subsection (3), the prescribed period as extended.
Division 7.3.5	Ministerial call-in power for development applications
154	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 12 provides that the planning and land authority must comply with directions given to it under this Act or a territory law.
Note 2	The power to make a statutory instrument (like the Minister’s direction) about a matter includes the power to make the instrument for a particular class of matters (see Legislation Act, s 48 (2)).
	(2)	The planning and land authority must give a copy of the Minister’s direction in relation to a development application to each entity to whom the application—
	(a)	is required to be referred, or has been referred, under section 145; and
	(b)	would be required to be referred under section 145 but for section 145 (2).
	(3)	If the Minister gives a direction under subsection (1) in relation to an application, the planning and land authority must take no further action that would lead to a decision by the authority on the application.
	(4)	When complying with the direction under subsection (1), the planning and land authority must also give the Minister—
	(a)	the information and documents received by the authority in relation to the application, including any advice given to the authority under division 7.3.3 (Referral of development applications); and
	(b)	any other relevant information and documents held by the authority.
155	Minister may decide to consider development applications
	(1)	This section applies in relation to an application referred to the Minister under section 154.
	(2)	The Minister may decide to consider the application if, in the Minister’s opinion—
	(a)	the application raises a major policy issue; or
	(b)	the application seeks approval for a development that may have a substantial effect on the achievement or development of the object of the territory plan as set out in the statement of strategic directions and objectives for each zone to which the application relates; or
	(c)	the approval or refusal of the application would provide a substantial public benefit.
	(3)	If the Minister is satisfied that the Minister should not consider the application, the Minister must refer the application back to the planning and land authority for decision.
156	Minister decides to consider referred development applications
	(1)	This section applies if the Minister decides under section 155 to consider an application referred to the Minister.
	(2)	The Minister must—
	(a)	tell the planning and land authority about the decision to consider the application; and
	(b)	tell the applicant in writing about the decision and the grounds on which the decision was made; and
	(c)	ensure that the Minister has the comments of the authority on the application; and
	(d)	approve or refuse the application under section 158 (Deciding development applications).
	(3)	A notice under subsection (2) (a) is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(4)	A notice under subsection (2) (a) must be notified under the Legislation Act not later than 15 working days after the day it is given.
157	After Minister decides referred development applications
	(1)	This section applies if the Minister decides an application under section 158.
	(2)	Not later than 3 sitting days after the day the Minister decides the application, the Minister must present to the Legislative Assembly a statement containing—
	(a)	a description of the development to which the application relates; and
	(b)	details of the land where the development is proposed to take place; and
	(c)	the applicant’s name; and
	(d)	details of the Minister’s decision; and
	(e)	the grounds for the decision.
Division 7.3.6	Deciding development applications
158	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 160.  Also, a development application to vary a lease granted as a concessional lease by surrender and regrant of the lease as a market value lease is subject to a condition (see s 254).
Note 2	Notice of a decision under s (1) must be given under div 7.3.8.
Note 3	If a development application has been referred to an entity under division 7.3.3, the notice of the decision under this section must include information about any comment by the referral entity and whether the authority has followed the entity’s advice (see s 167).
Note 4	The criteria for a decision on an application to vary a lease granted as a concessional lease are in div 9.4.2.
Note 5	An applicant and, in some cases, other people may have a right to apply for review of a decision under s (1) (see ch 13 and sch 1).  However, the right to apply for legal review of a decision by the Minister is time-limited (see s 403).
	(2)	The planning and land authority or Minister must take action under subsection (1) in relation to a development application not later than the end of the prescribed time period for the application.
	(3)	If the planning and land authority approves a development application that relates to a registered tree, the authority may, under this section—
	(a)	if a tree management plan is already in force for the tree—approve an amendment of, or replacement for, the tree management plan; or
	(b)	in any other case—approve a tree management plan for the tree.
	(4)	In this section:
prescribed time period, for a development application, means—
	(a)	the period set out in part 7.2 (Assessment tracks for development applications) for deciding an application for a development proposal in the assessment track that applies to the proposal; or
	(b)	if the period mentioned in paragraph (a) is extended under division 7.3.7—the period mentioned in paragraph (a) plus each extension that applies to the application under division 7.3.7.
Note	The time for deciding a development application is 20 working days for a proposal in the code track (see s 117), 30 or 45 working days for a proposal in the merit track (see s 121) or different periods for a proposal in the impact track (see s 130).
159	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 158.
	(2)	The planning and land or, if the Minister has decided to consider the application under division 7.3.5, the Minister, may approve the application, or approve the application subject to a condition, under section 158 despite the ending of the time for deciding the application.
	(3)	To remove any doubt, if neither the planning and land authority nor the Minister has decided an application under section 158, the authority is taken to have decided to refuse the application under the Administrative Appeals Tribunal Act 1989, section 24 (6).
Note 	A decision of the AAT on review is taken to have been a decision of the original decision-maker, so the planning and land authority or Minister will not be able to approve an application if the AAT has decided an application for review of the deemed refusal (see Administrative Appeals Tribunal Act 1989, s 44 (11)).
160	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 158 (1) (b).
	(2)	The approval under section 158 (1) (b)—
	(a)	must include any condition that is required to be included by the territory plan; and
	(b)	must not include a condition inconsistent with a condition required to be included by the territory plan.
	(3)	Following are examples of the conditions subject to which a development approval in relation to land may be approved, other than an approval for a code track proposal:
	(a)	that a development, or a stated stage of a development, is to be carried out to the satisfaction of a stated entity;
	(b)	requiring a development to be carried out in stages within the periods stated in or under the approval;
	(c)	stating a period in which a development or any stage of a development is to be carried out;
	(d)	that the approval does not take effect unless a stated approval is revoked, amended or given;
	(e)	that a lease relating to the land be varied and the variation registered under the Land Titles Act 1925;
	(f)	requiring an existing licence to be varied;
	(g)	that another approval relating to the land be surrendered;
	(h)	that stated things be done to prevent or minimise adverse environmental impacts;
	(i)	if the approval relates to a use of land, or a building or structure on the land—that the land, or buildings or structures on the land, may only be used for the use in stated circumstances;
	(j)	in relation to an approval to carry out a development for a stated period—
	(i)	that building works or other works carried out in or on a place the subject of the approval are to be removed at the end of the period; or 
	(ii)	that the place where the development is to take place is to be restored to a particular state at the end of the period;
	(k)	that a bond be entered into securing performance against the conditions of the approval;
	(l)	if the approval is in relation to a place registered, or nominated for provisional registration, under the Heritage Act 2004—that the applicant enter into a heritage agreement under that Act for the conservation of the heritage significance of the place;
	(m)	that a development be carried out to a stated standard;
	(n)	that stated works, services or facilities that the relevant authority considers reasonable in the circumstances—
	(i)	be provided by the applicant on or to a place the subject of the approval, or on or to another place; or
	(ii)	be paid for completely or partly by the applicant; or
	(iii)	be provided on or to a place the subject of the approval by agreement between the applicant and the Minister responsible for the provision of the works, services or facilities;
	(o)	that plans, drawings, specifications or other documents be prepared by the applicant and lodged with the planning and land authority for approval before the development or a stated part of it starts;
	(p)	requiring changes to be made to any plan, drawing, specification or other document forming part of the application for approval.
Note 	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(4)	A code track proposal must not be approved subject to a condition unless the condition is prescribed by regulation for this subsection.
	(5)	The planning and land authority may approve an amendment to a plan, drawing or other document approved under subsection (3) (o) if the amendment—
	(a)	if made, would not make the approval inconsistent with section 174 (When development approval takes effect—activity not allowed by lease); and
	(b)	is not inconsistent with an approval under subsection (3) (o).
Division 7.3.7	Extensions of time for deciding development applications
161	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 138 asking for further information in relation to the application; and
	(b)	the request notice is given to the applicant not later than 10 working days after the day the application is lodged; and
	(c)	the authority has not asked for further information by request notice in relation to the application before; and
	(d)	the applicant gives the authority the information required by the request notice before the end of the period stated in the notice, or any extension of the period under section 138 (4).
	(2)	The time for deciding the development application under section 158 is extended by a period—
	(a)	starting on the day after the day the planning and land authority gives the applicant the request notice; and
	(b)	ending on the day the applicant gives the authority the information required by the request notice.
162	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 138 asking for further information in relation to the application; and
	(b)	the request notice is given to the applicant not later than 10 working days after the day the application is lodged; and
	(c)	the authority has not asked for further information by request notice in relation to the application before; and
	(d)	the applicant gives the authority information relating to the request notice before the end of the period stated in the request notice, or any extension of the period under section 138 (4); and
	(e)	the authority decides that the information given in relation to the request notice is insufficient and gives the applicant written notice (the insufficiency notice) of the decision.
	(2)	The time for deciding the development application under section 158 is extended by a period—
	(a)	starting on the day after the day the planning and land authority gives the applicant the request notice; and
	(b)	ending 20 working days after the day the applicant receives the insufficiency notice.
163	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 138 asking for further information in relation to the application; and
	(b)	the request notice is given to the applicant not later than 10 working days after the day the application is lodged; and
	(c)	the authority has not asked for further information by request notice in relation to the application before; and
	(d)	the applicant does not give the authority the information asked for by the request notice before the end of the period stated in the request notice, or any extension of the period under section 138 (4).
	(2)	The time for deciding the development application under section 158 is extended by—
	(a)	a period of the same length as the period for giving further information stated in the request notice; or
	(b)	if the period for giving further information stated in the request notice has been extended under section 138 (4)—a period the same length as the period stated in the request notice as extended under section 138 (4).
164	Extension of time—application amended
	(1)	This section applies in relation to a development application if the application is amended under section 141.
	(2)	The time for deciding the development application under section 158 is extended by the period—
	(a)	starting on the day the application is made; and
	(b)	ending on the later of the following days:
	(i)	the day the application is amended under section 141;
	(ii)	if the amended application must be publicly notified under division 7.3.4 (see s 143 (1) (b))—the day after the public consultation period for the application ends.
	(3)	In this section:
public consultation period—see section 153 (5).
Division 7.3.8	Notice of decisions on development applications
165	Notice of approval of application
	(1)	If a development application is approved under section 158 (1) (a) or (b), the planning and land authority must give written notice—
	(a)	to the applicant; and
	(b)	if the application approved relates to a variation of a lease—to the registrar-general for notification under the Land Titles Act 1925; and
	(c)	if the application approved relates only to the use of land, or a building or structure on the land, including beginning a new use or changing a use—to the registrar‑general for notification under the Land Titles Act 1925; and
	(d)	to each person who made a representation under section 153 about the application.
	(2)	A notice to an applicant must state the date the approval takes effect.
Note	For date of effect of an approval, see div 7.3.9.
	(3)	A notice under subsection (1) in relation to an approval must—
	(a)	contain the following:
	(i)	a description of the place to which the approval relates;
	(ii)	a brief description of the development to which the approval relates; and
	(b)	state the assessment track that applied to the development proposal to which the approval relates; and
	(c)	set out the decision and the reasons for the approval; and
	(d)	if the approval is subject to conditions—set out the conditions the approval is subject to; and
Note	For approvals subject to conditions, see s 160.
	(e)	state the place where, and times when, a copy of the application and the approval may be inspected.
Note	If the notice is given to a person who may apply to the AAT for review of the decision to which it relates, the notice must comply with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, s 25B (1) (see s 401 (3)).
166	Notice of refusal of application
	(1)	If a development application is refused under section 158 (1) (c) (Deciding development applications), the planning and land authority must give written notice of the refusal to—
	(a)	the applicant; and
	(b)	each person who made a representation under section 153 about the application.
	(2)	However, to remove any doubt, the planning and land authority need not give notice of a decision deemed under the Administrative Appeals Tribunal Act 1989, section 24 (6) to have been made to refuse a development application.
	(3)	A notice under subsection (1) must set out the reasons for the decision.
Note	If the notice is given to a person who may apply to the AAT for review of the decision to which it relates, the notice must comply with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, s 25B (1) (see s 401 (3)).
167	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 145; and
	(b)	the entity gives the planning and land authority advice in relation to the application; and
	(c)	the authority decides the application under section 158 (Deciding development applications).
	(2)	Notice of the decision under section 165 or section 166 must include a statement about—
	(a)	whether the planning and land authority followed the advice of the entity when making the decision; and
	(b)	if the authority did not follow the advice of the entity—why the authority did not follow the advice of the entity.
	(3)	However, the planning and land authority need not comply with subsection (2) in relation to an entity’s advice on a development application if satisfied on reasonable grounds that the advice is not relevant to the application.
168	Notice if representation by 2 or more people
	(1)	This section applies if—
	(a)	a decision has been made under section 158 in relation to a development application; and
	(b)	a representation has been made under section 153 about the application; and
	(c)	2 or more people made the representation.
	(2)	The planning and land authority is taken to have complied with section 165 (1) (d) or section 166 (1) (b) in relation to the representation if the authority gives notice—
	(a)	if 1 person has been nominated as the person to whom notice of the decision is to be given and the person’s address has been given to the authority—to the nominated person; or 
	(b)	in any other case—to 1 of the people who made the representation.
169	Notice of decision to referral entities
	(1)	This section applies if—
	(a)	a decision has been made under section 158 in relation to a development application; and
	(b)	the application was referred to an entity under division 7.3.3.
	(2)	The planning and land authority must give a copy of the decision on the development application to each entity to which the application was referred.
Division 7.3.9	Effect and duration of development approvals
170	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 158; and
	(b)	there are no representations about the application; and
	(c)	there is no right to apply to the AAT for review of the decision other than for the applicant or a person who made a representation; and
	(d)	the development does not include an activity not allowed under the lease for the land on which the development is proposed to take place; and
	(e)	the approval is not subject to a condition that something must happen before the approval takes effect; and
	(f)	no application has been made under division 7.3.10 for reconsideration of the approval.
	(2)	The approval of the development application takes effect on the day after the day the application is approved.
171	When development approvals take effect—single representation
	(1)	This section applies if—
	(a)	the planning and land authority or Minister approves a development application under section 158; and
	(b)	a single representation about the application has been made; and
	(c)	no application is made to the AAT for review of the decision to approve the application by the end of the period of 20 working days after the day the person who made the representation was told about the decision; and
	(d)	the development does not include an activity not allowed under the lease for the land on which the development is proposed to take place; and
	(e)	the approval is not subject to a condition that something must happen before the approval takes effect; and
	(f)	no application has been made under division 7.3.10 for reconsideration of the approval.
	(2)	The approval of the development application takes effect 20 working days after the day notice of the decision to approve the application is given to the person who made the representation.
172	When development approvals take effect—multiple representations
	(1)	This section applies if—
	(a)	the planning and land authority or Minister approves a development application under section 158; and
	(b)	2 or more representations about the application have been made; and
	(c)	no application is made to the AAT for review of the decision to approve the application by the end of the period of 20 working days after the final notice of the decision is given; and
	(d)	the approval is not subject to a condition that something must happen before the approval takes effect; and
	(e)	no application has been made under division 7.3.10 for reconsideration of the approval.
	(2)	The approval of the development application takes effect 20 working days after the final notice of the decision to approve the application is given.
	(3)	In this section:
final notice, of a decision to approve a development application, means the day when every person who made a representation on the application has been given notice of the decision.
173	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 158; and
	(b)	application is made to the AAT for review of the decision to approve the application and the tribunal confirms the decision (whether completely or partly); and
	(c)	the development does not include an activity not allowed under the lease for the land on which the development is proposed to take place; and
	(d)	the approval is not subject to a condition that something must happen before the approval takes effect; and
	(e)	no application has been made under division 7.3.10 for reconsideration of the approval.
	(2)	The approval of the development application takes effect on the latest of the following days:
	(a)	the day the approval would take effect under this division if no application had been made to the AAT for review of the decision to approve the application;
	(b)	the day after the day the approval is confirmed by the AAT (whether completely or partly).
174	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 158; and
	(b)	the development includes an activity not allowed by a lease of the land where the activity is to be carried out; and
	(c)	the approval is not subject to a condition that something must happen before the approval takes effect; and
	(d)	no application has been made under division 7.3.10 for reconsideration of the approval.
	(2)	The approval of the development application takes effect on the latest of the following days:
	(a)	the day the approval would take effect under this division if the development did not include an activity not allowed by a lease of the land where the activity is to be carried out;
	(b)	the day the variation of the lease to allow the activity takes effect;
	(c)	if an application for review has been made in relation to the approval—the day after the day—
	(i)	the approval is confirmed by the AAT (whether completely or partly); or
	(ii)	the application for review is withdrawn.
Note	A lease variation takes effect on registration (see Land Titles Act 1925, s 72A (3)).
175	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 158; and
	(b)	the development does not include an activity not allowed by a lease of the land where the activity is to be carried out; and
	(c)	the approval is subject to a condition that something must happen before the approval takes effect; and
	(d)	no application has been made under division 7.3.10 for reconsideration of the approval.
	(2)	The approval of the development application takes effect on the latest of the following days:
	(a)	the day the approval would take effect under this division if the approval were not subject to a condition that something must happen before the approval takes effect;
	(b)	the day the condition is complied with;
	(c)	if an application for review has been made in relation to the approval—the day after the day—
	(i)	the approval is confirmed by the AAT (whether completely or partly); or
	(ii)	the application for review is withdrawn.
176	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 158; and
	(b)	the development includes an activity not allowed by a lease of the land where the activity is to be carried out; and
	(c)	the approval is subject to a condition that something must happen before the approval takes effect; and
	(d)	no application has been made under division 7.3.10 for reconsideration of the approval.
	(2)	The approval of the development application takes effect on the latest of the following days:
	(a)	the day the approval would take effect under section 174 if the approval were not subject to a condition that something must happen before the approval takes effect;
	(b)	the day the approval would take effect under section 175 if the development did not include an activity not allowed by a lease of the land where the activity is to be carried out.
177	When development approval takes effect—application for reconsideration
	(1)	This section applies if—
	(a)	the planning and land authority or Minister approves (the original decision) a development application under section 158; and
	(b)	application is made for reconsideration under section 185 of the decision to approve the development application; and
	(c)	no application is made to the AAT for review of the original decision within the time allowed; and
	(d)	the original decision is confirmed on reconsideration under division 7.3.10.
	(2)	The approval of the development application takes effect on the latest of the following days:
	(a)	the day the approval would take effect under this division if there were no application for reconsideration;
	(b)	the day after the day—
	(i)	the approval is confirmed under division 7.3.10; or
	(ii)	the application for reconsideration is withdrawn;
	(c)	if an application for review is made in relation to the decision to confirm the original decision—the day after the day—
	(i)	the approval is confirmed by the AAT (whether completely or partly); or
	(ii)	the application for review is withdrawn.
178	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 158, or approves the application subject to a condition; and
	(b)	under division 7.3.10—
	(i)	the authority reconsiders the decision mentioned in paragraph (a) (the original decision); and
	(ii)	the authority makes a decision (the substituted decision) in substitution for the original decision, other than a decision to refuse the development application; and
	(c)	a person has, or may have, a right to apply to the AAT for review of the substituted decision.
	(2)	The approval of the development takes effect 20 working days after the day the substituted decision is made.
179	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, including beginning a new use or a change of use.
	(2)	A development approval to which this section applies ends if—
	(a)	the development or any stage of the development has not started by the end of the period stated in the approval; or
	(b)	the development or any stage of the development has not finished by the end of the period stated in the approval; or 
	(c)	if no period is stated in the approval for starting the development or any stage of the development—the development or stage of development has not started 2 years after the day the approval takes effect; or
	(d)	the approval holder surrenders the approval to the planning and land authority; or
	(e)	if no time is stated in the approval for finishing the development—the development is not finished—
	(i)	2 years after the day the development begins; or
	(ii)	if an extension of the 2-year period is granted under this section—at the end of the extended period; or
	(f)	if the development approval relates to land comprised in a lease that requires the development to be completed on a stated date—the date stated in the lease for completion of the development; or
	(g)	the approval is revoked under section 183.
	(3)	On application made before the end of a prescribed period, the planning and land authority may extend the prescribed period.
	(4)	In this section:
prescribed period, in relation to a development approval, means—
	(a)	the time stated in the approval for finishing the development or a stage of the development; or
	(b)	if no time is stated in the approval for finishing the development—the period ending 2 years after the development begins.
180	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 183; or
	(iv)	the approval holder surrenders the approval to the planning and land authority; or
	(v)	the lease expires and no application is made under section 246 for a further lease; or
Note	A person may apply for the grant of a further lease not later than 6 months after the expiry of the affected lease.
	(vi)	the lease is surrendered; or
	(b)	at the end of the period of 2 years starting on the day after the day the approval is given.
181	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), including beginning a new use or a change of use; and
	(b)	does not involve a lease variation.
	(2)	The development approval ends if—
	(a)	the affected lease expires and no application is made under section 246 for a further lease; or
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 183; or
	(c)	if the approval states a period for the end of the approval—the period ends; or
	(d)	the approval is surrendered; or
	(e)	the affected lease is surrendered (other than under section 246) or terminated.
	(3)	If use in accordance with the development approval does not begin or happen before the end of the period of 2 years starting on the day after the day the approval is given, the development approval ends at the end of the 2-year period.
	(4)	To remove any doubt, a development approval relating to use does not end only because 1 or more of the following apply to the development or lease:
	(a)	the use is not continuous;
	(b)	someone deals with the affected lease;
	(c)	a further lease is granted for the affected lease on application under section 246, whether the grant happens immediately after the expiry of the affected lease or otherwise.
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).
	(5)	The planning and land authority must tell the registrar-general about the ending of a development approval to which this section applies if—
	(a)	the authority gave the registrar-general notice of the approval; and
	(b)	the approval is surrendered to the authority.
	(6)	In this section:
deal with a lease—see section 226.
182	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 183; or
	(b)	if the approval states a period for the end of the approval—the period ends; or
	(c)	the approval is surrendered; or
	(d)	the licence or permit ends—
	(i)	whether on expiry or otherwise; and
	(ii)	even if renewed.
	(3)	If use in accordance with the development approval does not begin or happen before the end of the period of 2 years starting on the day after the day the approval is given, the development approval ends at the end of the 2-year period.
	(4)	To remove any doubt, a development approval relating to use does not end only because the use is not continuous.
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).
183	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
184	Definitions—div 7.3.10
In this division:
original application—see section 185 (1) (a).
original decision—see section 185 (1) (a).
reconsideration application—see section 185 (3).
185	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 the refusal of a development application, or an application for amendment of a development approval, in the code track.
	(3)	The applicant for the original application may apply (the reconsideration application) for reconsideration of the original decision.
	(4)	The reconsideration application must—
	(a)	be in writing signed by the applicant; and
	(b)	if the application is made by someone other than the lessee of the land to which the application relates and the land is not unleased—also be signed by the lessee of the land.
	(5)	The reconsideration application must be made not later than—
	(a)	20 working days after the day the applicant is told about the original decision by the planning and land authority; or
	(b)	any longer period allowed by the planning and land authority.
Note	The planning and land authority may extend the period after the end of the period being extended (see Legislation Act, s 151C (3)).
	(6)	The reconsideration application must set out the grounds on which reconsideration of the original decision is sought.
Note	Making an application under this section stays the operation of the decision for which reconsideration is sought.
186	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.
187	Reconsideration
	(1)	If the planning and land authority receives a reconsideration application, the authority must—
	(a)	reconsider the original decision; and
	(b)	not later than 20 working days after the day the authority receives the application—
	(i)	make any decision in substitution for the original decision that the authority could have made on the original application; or
	(ii)	confirm the original decision.
	(2)	However, the planning and land authority must not take action under subsection (1) (b) if the AAT has decided an application for review of the original decision.
	(3)	The 20 working days mentioned in subsection (1) may be extended for a stated period by agreement between the planning and land authority and the applicant.
	(4)	In reconsidering the original decision, the planning and land authority—
	(a)	need not publicly notify the reconsideration application under division 7.3.4; but
	(b)	must give written notice of the reconsideration application to anyone who made a representation under section 153 about the original application, allow the person reasonable time (that is not shorter than 2 weeks) to make a representation on the reconsideration application, and consider any representation made within the time allowed.
	(5)	Also, in reconsidering the original decision, the planning and land authority—
	(a)	must consider any information available to the authority when it made the original decision and information given in the reconsideration application; and
	(b)	may consider any other relevant information.
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).
	(6)	The planning and land authority must ensure that, if the original decision is made on the authority’s behalf by a person (the original decision‑maker), the authority or someone other than the original decision-maker reconsiders the decision.
188	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 187, the authority is taken to have confirmed the original decision.
189	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 187 (4) (b); and
	(c)	if the original decision was an approval subject to conditions and the authority gave the registrar-general notice of the approval—the registrar-general.
Note	If the notice is given to a person who may apply to the AAT for review of the decision to which it relates, the notice must comply with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, s 25B (1) (see s 401 (3)).
Division 7.3.11	Correction and amendment of development approvals
190	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.
191	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.
192	Deciding applications to amend development approvals
	(1)	In deciding whether to amend a development approval in accordance with an application under section 191, the planning and land authority must consider the application, and take action in relation to the application, as if—
	(a)	the development originally approved had been completed; and
	(b)	the application for amendment were an application for approval of a development proposal (the proposed development) to change the completed development to give effect to the amendment.
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 185 (1) (a)) and the approval holder may apply for review of a decision to refuse to amend the approval (see sch 1, item 13).
Note 2	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	The planning and land authority must refuse to amend the development approval if satisfied that the changed development proposal and the original development proposal would be in different assessment tracks.
	(3)	Also, the planning and land authority must refuse to amend a development approval unless satisfied that, after the amendment, the development approved will be substantially the same as the development for which approval was originally given.
	(4)	To remove any doubt, if public notification of the proposed development is required under the assessment track that applies to the proposed development, only the application for the amendment need be publicly notified.

Part 7.4	Developments without approval
    
193	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 197 or section 198.
194	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 134 and s 195 disapply s (1) to (4) in certain cases.
	(5)	An offence against subsection (4) is a strict liability offence.
	(6)	To remove any doubt, this section does not apply to development that is lawful—
	(a)	because of section 195, section 197 or section 198; or
	(b)	because it is in accordance with a development approval granted on an application mentioned in subsection 134 (2) (a).
195	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 194 (1) to (4) does not apply to the development if it is undertaken in accordance with the development approval, despite any other provision of this Act.
Note 1	The development may still need building approval, or further building approval, under the Building Act 2004.
Note 2	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
196	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.
197	Development other than use lawful when begun
	(1)	This section applies if—
	(a)	a development, other than a development that is continuing a use, is exempt from requiring development approval under a development table or by regulation; and
	(b)	a person undertakes, or begins, the development; and
	(c)	after the person undertakes, or begins, the development, the development stops being exempt.
	(2)	The development is lawful despite any other provision of this Act.
198	Use as development lawful when begun
	(1)	This section applies to the continuing use of land, or a building or structure on the land, if the use—
	(a)	when it began, was exempted from requiring development approval in a development table or by regulation; and
	(b)	is authorised by—
	(i)	a lease (the affected lease) for the land; or
	(ii)	a licence under this Act; or
	(iii)	a permit under the Roads and Public Places Act 1937; or
	(iv)	section 240; and
	(c)	continuing the use stops being exempt.
	(2)	Also, this section applies in relation to a use of land, or a building or structure on the land, even if 1 or more of the following apply in relation to the use:
	(a)	the use is not continuous;
	(b)	someone deals with the affected lease;
	(c)	a further lease is granted for the affected lease on application under section 246, whether the grant happens immediately after the expiry of the affected lease or otherwise.
	(3)	However, this section does not apply in relation to the use of land, or a building or structure on the land, if—
	(a)	the affected lease is surrendered (other than under section 246) or terminated; or
	(b)	if the use is authorised by a licence under this Act or a permit under the Roads and Public Places Act 1937—the licence or permit ends—
	(i)	whether on expiry or otherwise; and
	(ii)	even if renewed; or
	(c)	the affected lease expires and no application is made under section 246 for a further lease.
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 246 (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 240, despite any other provision of this Act.
	(5)	In this section:
deal with a lease—see section 226.
199	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 136 (2) (j) (Form of development applications).
Note	Development applications (including an application to which this section applies) are decided under s 158.
	(4)	To remove any doubt, the making of an application for approval of a development to which this section applies, or the approval of the application, does not affect any proceeding under this part, whether or not the proceeding starts before the making or approval of the application.

Chapter 8	Environmental impact statements and inquiries
Notes to ch 8
Fees may be determined under s 415 for provisions of this chapter.
If a form is approved under s 416 for a provision of this chapter, the form must be used.
Under this chapter, applications may be made, and notice may be given, electronically in certain circumstances (see the Electronic Transactions Act 2001).
Part 8.1	Interpretation—ch 8
    
200	Definitions—ch 8
In this chapter:
draft EIS—see section 210 (2) (a).
EIS—see section 202.
environmental impact statement means an EIS (see s 202).
inquiry means an inquiry into an EIS established under section 221.
proponent, for a development proposal, means the person proposing the proposal.
Note	See also s 201.
representation, about a draft EIS, means a representation made about the draft EIS under section 212.
scoping document, for a proposal—see section 206 (2) (b).
Note	For when an EIS is completed, see s 203.
201	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 environmental impact statement be prepared; or
	(b)	to establish a panel to conduct an inquiry.
relevant Minister, means the Minister responsible for the administration of the Act or subordinate law under which—
	(a)	in relation to a statement or inquiry—the statement or inquiry is authorised to be prepared or conducted; or
	(b)	in relation to a defined decision—the relevant decision is authorised to be made.

Part 8.2	Environmental impact statements
202	What is an EIS?
An EIS is an environmental impact statement prepared as prescribed by regulation.
203	When is an EIS completed?
	(1)	For this Act, an EIS is completed if—
	(a)	the Minister gives the planning and land authority notice under section 219 (Notice of no action on EIS given to Minister) in relation to the EIS; or
	(b)	the Minister has not decided under section 221 to establish a panel to conduct an inquiry about the EIS; or
	(c)	the Minister has established an inquiry panel in relation to the EIS and—
	(i)	the panel has reported the results of the inquiry; or
	(ii)	the time for reporting under section 223 has ended.
	(2)	To remove any doubt, for subsection (1), it does not matter whether or not the Minister intends to present, or has presented, a copy of the EIS to the Legislative Assembly under section 220.
204	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 205.
Note	A completed EIS is required under s 126.  See div 7.2.4 for requirements for applications in the impact track.
205	EIS not required if development application exempted
The Minister may exempt a development application for approval for a proposal from a requirement to include an EIS if satisfied that the expected environmental impact of the proposal has already been sufficiently addressed by another study, whether or not the study relates to the particular proposal.
206	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.
	(2)	The planning and land authority must—
	(a)	identify the matters that are to be addressed by an EIS in relation to the development proposal; and
	(b)	prepare a written notice (the scoping document) of the matters.
Note	The time for giving a scoping document to the applicant is set out in s 208.
	(3)	A regulation may prescribe entities the planning and land authority may or must consult in preparing a scoping document.
207	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 on a list of consultants prescribed by regulation.
Note	See also s 417 (Regulation-making power).
208	Time to provide scoping document
	(1)	This section applies if a person applies under section 206 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 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.
209	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.
210	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 proposal; and
	(b)	give the draft EIS to the planning and land authority for public notification.
211	Public notification of draft EIS
	(1)	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.
	(2)	The period (the public consultation period) for making representations for subsection (1) (a) (ii) must not be shorter than 20 working days.
	(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).
212	Representations about draft EIS
	(1)	Anyone may make a representation about a draft EIS publicly notified under section 211.
	(2)	A representation about a draft EIS must be made during the public consultation period for the draft EIS.
	(3)	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 215.
	(4)	In this section:
public consultation period, for a draft EIS—see section 211 (2).
Note	The public consultation period may be extended under s 211 (3).
213	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 211; and
	(b)	a person makes a representation about the draft EIS in accordance with the notice under section 211 (1) (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 203.
	(ii)	the representation is withdrawn; and
	(b)	give a copy of the representation to the proponent of the proposal.
Note 1	This section is subject to s 404 and s 405.
Note 2	Authority website—see dict.
214	Revising draft EIS
	(1)	This section applies if—
	(a)	a draft EIS for a development proposal has been publicly notified under section 211; and
	(b)	the public consultation period for the draft EIS has ended.
	(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.
	(4)	In this section:
public consultation period, for a draft EIS—see section 211 (2).
Note	The public consultation period may be extended under s 211 (3).
215	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 214 not later than 18 months after the scoping document for the proposal is given to the proponent under section 208; or
	(b)	if—
	(i)	the proponent of a development proposal gives the authority an EIS under section 214 more than 18 months after the scoping document for the proposal is given to the proponent under section 208; and
	(ii)	the authority is satisfied that there has been no significant change to the circumstances surrounding the 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 217 (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 217.
	(3)	In this section:
EIS includes an EIS revised under section 217.
timely representation, on a draft EIS, means a representation—
	(a)	on the draft EIS; and
	(b)	made in accordance with section 212.
216	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 214 more than 18 months after the scoping document for the proposal is given to the proponent under section 208; 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.
217	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 214 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 215; 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.
218	Giving EIS to Minister
	(1)	This section applies if—
	(a)	the planning and land authority accepts an EIS under section 215; or
	(b)	the authority has given the proponent for a development proposal written notice under section 217 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 the Minister.
Note	The Minister may establish a panel to consider the EIS for the 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.
219	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 218; and
	(b)	the Minister decides not to present the EIS to the Legislative Assembly under section 220; and
	(c)	the Minister decides not to establish a panel under section 221 to conduct an inquiry 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 203).
220	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 218.

Part 8.3	Inquiry panels
221	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 218—
	(a)	decide whether to establish a panel to conduct an inquiry about the EIS; and
	(b)	if the Minister decides to establish a panel—tell the planning and land authority about the decision.
Note	If the Minister decides not to establish a 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 219).
	(2)	If the Minister decides to establish a panel to conduct an inquiry about an EIS, the Minister may establish the panel to inquire about any or all aspects of the EIS.
	(3)	If the Minister establishes a panel to conduct an inquiry, the Minister must, in writing—
	(a)	prepare terms of reference for the inquiry; and
	(b)	give the proponent notice of the inquiry.
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).
	(4)	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)).
222	How does the Minister establish an inquiry panel?
	(1)	The Minister establishes an inquiry panel in relation to 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.
223	Time for reporting by inquiry panels
	(1)	This section applies if the Minister establishes a panel to conduct an inquiry.
	(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.
224	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.
225	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.

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 415 for provisions of this chapter.
If a form is approved under s 416 for a provision of this chapter, the form must be used.
Under this chapter, applications may be made, and notice may be given, electronically in certain circumstances (see the Electronic Transactions Act 2001).
Part 9.1	Definitions and application—ch 9
    
226	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.
nominal rent lease means a lease for nominal rent.
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.
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.
227	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 266 (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 commissioner for housing under the Housing Assistance Act 1987; or
	(iv)	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 446).
	(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.
228	Application—ch 9
This chapter does not apply to a transfer by the Territory of a registered lease if the Territory is the registered proprietor of the lease.

Part 9.2	Grants of leases generally
    
229	Effect subject to pt 9.7
This part has effect subject to part 9.7 (Rural leases).
230	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 227.
Note 2	For power to delegate this function, see s 19 (2).
231	Granting leases
	(1)	The planning and land authority may grant a lease by—
	(a)	auction; or
	(b)	tender; or
	(c)	ballot; or
	(d)	direct grant.
Note 1	Not everyone may be eligible to be granted a lease under paragraph (a), (b) or (c) (see s 232).
Note 2	Section 233, s 234, s 235 and s 236 apply to grants under paragraph (d).
	(2)	A 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)).
	(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.
232	Eligibility for grant of lease by auction, tender or ballot
The planning and land authority may restrict the people eligible for the grant of a lease under section 231 (1) (a), (b) or (c) by stating, in the relevant notice of auction, tender or ballot, a class of people eligible or ineligible for the grant of a lease under the auction, tender or ballot.
233	Restriction on direct grant by authority
	(1)	The planning and land authority must not grant a lease under section 231 (1) (d)—
	(a)	unless—
	(i)	the grant is in accordance with criteria prescribed by regulation for this section; and
	(ii)	the Executive approves the grant; or
	(b)	unless—
	(i)	the grant is in accordance with criteria prescribed by regulation for this section; and
	(ii)	the grant is in accordance with criteria prescribed by regulation for this paragraph; and
	(iii)	the Minister approves the grant; or
	(c)	unless the Executive approves the grant under subsection (2); or
	(d)	unless the grant is in accordance with section 234.
	(2)	The Executive may approve the direct grant 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 231 (1) (d) is not taken to be affected by a failure to comply with the criteria prescribed by regulation for this section.
234	Direct grant if single person in restricted class
	(1)	This section applies if—
	(a)	under section 232 (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 231 (1) (d) without auctioning the lease, calling for tenders or holding a ballot.
235	Notice of direct grant
	(1)	This section applies to a lease granted by the planning and land authority by direct grant under section 231 (1) (d) in a quarter.
Note	Quarter—see Legislation Act, dict, pt 1.
	(2)	The planning and land authority must, not later than 5 working days after the end of the quarter, give the Minister—
	(a)	a copy of each lease to which this section applies granted in the quarter; and
	(b)	a statement that sets out the prescribed information for each lease.
	(3)	The Minister must present the documents given under subsection (2) to the Legislative Assembly not later than 5 sitting days after the day the Minister receives the information.
	(4)	To remove any doubt, the validity of a lease to which this section applies is not affected by a failure to comply with subsection (2) or (3) in relation to the lease.
	(5)	In this section:
prescribed information, for a 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 233 (2)—the reason for granting the lease with the approval of the Executive.
236	Direct grant leases subject to agreed provisions
A lease granted under section 231 (1) (d) must be granted subject to the provisions that are agreed between the planning and land authority and the applicant for the lease.
237	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.
238	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.
239	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 227.
	(2)	However, subsection (1) does not apply in relation to—
	(a)	a lease granted for a rent that is the full market rental value of the lease; or
	(b)	a further lease (other than a rural lease) granted under section 246; or
	(c)	a further rural lease granted on payment of an amount determined under section 273; or
	(d)	the grant of a lease prescribed by regulation for which the amount prescribed by regulation has been paid.
240	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)).
	(2)	However, if the lease authorises the land to be used for residential purposes, the land may also be used for home occupation or home business.
	(3)	A regulation may prescribe what makes up use for home occupation and home business.
241	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.
242	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.
243	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.
244	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 231 (1) by auction, tender or ballot, if the class of people eligible or ineligible for the grant was restricted under section 232;
	(c)	a lease granted under section 231 (1) (d) (other than a lease granted to the Territory);
	(d)	a lease prescribed by regulation.
Note 1	This section has extended application (see s 440 and s 441).
Note 2	Dealings with concessional leases and rural leases, which are not restricted by this section, are restricted under s 257 and s 277.
	(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 245.
	(3)	A dealing in relation to a lease to which this section applies that is made or entered into without consent has no effect.
	(4)	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 231 (1) by auction, tender or ballot, if the class of people eligible or ineligible for the grant was restricted under section 232—5 years after the day the lease was granted; or
	(c)	for a lease granted under section 231 (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.
245	Consent to s 244 dealings
	(1)	The planning and land authority must not consent to a dealing under section 244 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 233 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.

Part 9.3	Grants of further leases
    
246	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 273 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 274—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.
247	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
248	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.
249	Decision about whether lease concessional
	(1)	On application under section 248, 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 (2), 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 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 401 (3)).
250	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 than15 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 401 (3)).
Note 2	A lessee has a right to apply for review of a decision under this provision (see ch 13 and sch 1).
251	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 249 or s 250.
	(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
252	Application—div 9.4.2
This division applies to an application for development approval to vary a lease granted as a concessional lease to remove 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).
253	Criteria for application to vary concessional lease
In deciding whether to approve an application for development approval to which this division applies, the planning and land authority or Minister must consider the following:
	(a)	whether the Territory wishes to continue to monitor the lease holder and use 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 it is, or is likely to be, part of a larger development what the larger development will involve;
	(d)	whether the Territory should buy back, or otherwise acquire, the lease.
254	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 255.
Note 1	The ways a lease may be varied to change its concessional status include by surrender and regrant (see s 252, example).
Note 2	For approval of development applications—see s 158.
255	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.
256	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
257	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.
258	Consent to s 257 dealings
	(1)	The planning and land authority must not consent to a dealing under section 257 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 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
    
259	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.
260	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 259 (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.
261	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
262	Effect subject to pt 9.7
This part has effect subject to part 9.7 (Rural leases).
263	Application to surrender and regrant leases
	(1)	A reference in this part to the variation of a lease includes a reference to the surrender of a 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.
	(2)	However, a reference in this part to the variation of a lease does not include a reference to the surrender of a lease and the grant of a further lease under section 246.
Division 9.6.2	Variation of rental leases
264	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 rental lease—
	(a)	to reduce the rent payable to a nominal rent; or
	(b)	otherwise affecting the rental provisions of the lease.
265	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 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).
266	Variation of lease to pay out rent
	(1)	A lease must not be varied to reduce the rent payable to a nominal rent unless—
	(a)	the lease is included in a class of leases prescribed by regulation; and
	(b)	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
	(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 subsection (2).
	(2)	The Minister may make policy directions for subsection (1) (d).
	(3)	A policy direction is a disallowable instrument.
Note 	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(4)	If a lease is varied to reduce the rent payable to a nominal rent, 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.
	(5)	The requirements of this section are in addition to, and not in substitution for, the requirements of the other provisions of this Act relating to the variation of leases.
267	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.
268	No variation of certain leases for 5 years
	(1)	This section applies to the following leases:
	(a)	a lease granted in accordance with section 234;
	(b)	a lease to which section 244 applies.
Note	This section also applies to leases granted under the Land (Planning and Environment) Act 1991, s 164 (see s 441).
	(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
269	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 271, plus any increase under section 272.
Note	The change of use charge is worked out under s 270.
	(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.
270	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.
271	When authority must remit change of use charge
The planning and land authority must remit all or part of a change of use charge for a variation of a lease under section 269 in the circumstances prescribed by regulation.
272	When authority must increase change of use charge
The planning and land authority must increase a change of use charge for a variation of a lease under section 269 in the circumstances prescribed by regulation.

Part 9.7	Rural leases
    
Note to pt 9.7
Improvement, in relation to rural leases, has a special meaning (see s 281).
Division 9.7.1	Further rural leases
273	Determination of amount payable for further leases—rural land
	(1)	The Minister may make a determination for section 246 (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.
274	Fixing period for further leases—rural land
	(1)	The Minister may make a determination for section 246 (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
275	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; 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.
276	Land management agreements
Note	Section 278 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 Minister under section 416 (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.
277	Dealings with rural leases
Note	Section 278 contains exceptions to this section.
	(1)	This section applies to—
	(a)	a rural lease granted under section 231 (Granting leases); and
	(b)	a grant of a further lease of a rural lease.
Note	This section has an extended application (see s 444).
	(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.
278	Exceptions to s 276 and s 277
Section 276 and section 277 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 279).
279	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 276 or section 277 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)).
280	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 277 applies during the holding period.

Part 9.8	Leases—improvements
    
281	Definitions—pt 9.8
In this part:
improvement, in relation to land, means—
	(a)	a building or structure on the land; or
	(b)	in relation to land held under a rural lease—
	(i)	a building or structure on or under the land; or
	(ii)	any improvement to the land 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.
282	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.
283	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.
284	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 286 and s 287 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 285, the planning and land authority may be required to deduct an amount from the amount payable under this section.
285	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 284; 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 284.
286	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 284 and section 285 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 284 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.
287	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 284 and section 285 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.
288	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 284, 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 286, 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 287, 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
289	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 290.
290	Certificates of compliance relating to Unit Titles Act leases
	(1)	The planning and land authority must not issue a certificate of compliance under section 289 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 289 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.
291	Mortgage of leasehold subject to building and development provision
	(1)	This section applies if a lease contains a building and development provision.
	(2)	The lease, or an interest in the lease, cannot be mortgaged unless—
	(a)	the lessee has obtained a certificate of compliance under section 289; or
	(b)	the mortgage is required by the lessee—
	(i)	to allow the lessee to repay money borrowed by the lessee to acquire the lease or interest; or
	(ii)	to secure money borrowed by the lessee to acquire the lease or interest; or
	(iii)	to allow the lessee to comply with a building and development provision of the lease.
292	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 assigned or transferred, 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 289; or
	(ii)	the consent of the planning and land authority under subsection (2) or (3).
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 assignment or transfer 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 assignee or transferee 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 assignee or transferee; and
	(b)	either—
	(i)	the authority is satisfied that the lessee cannot, for personal or financial reasons, comply with the building and development provision; or
	(ii)	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.
	(3)	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.
	(4)	In deciding under subsection (2) or (3) whether to consent to an assignment or transfer of a lease, the planning and land authority must take into consideration any matters prescribed by regulation.

Part 9.10	Surrendering and termination of leases
293	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)	The planning and land authority must not authorise the payment of an amount under this section otherwise than in accordance with criteria prescribed by regulation.
294	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.

Part 9.11	Licences for unleased land
295	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.
296	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.
297	Decision on licence applications for unleased land
	(1)	On receiving an application under section 296, 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.
298	Licences—form etc
	(1)	A licence granted under section 297 must—
	(a)	be in writing; and
	(b)	state the period for which it is granted.
	(2)	A licence granted under section 297—
	(a)	applies to the person to whom it is granted; and
	(b)	is subject to the conditions (if any) stated in the licence.
299	Licences—when not needed
A person need not hold a licence granted under section 297 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
300	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 301, section 302 or section 303 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.
301	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 244 and s 277 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.
302	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 303.
	(4)	To remove any doubt, nothing in this section prevents development in accordance with this Act on land sublet.
303	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.
304	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.
305	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.
306	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 415 for provisions of this chapter.
If a form is approved under s 416 for a provision of this chapter, the form must be used.
Under this chapter, applications may be made, and notice may be given, electronically in certain circumstances (see the Electronic Transactions Act 2001).
Part 10.1	Interpretation—ch 10
307	Definitions—ch 10
In this chapter:
Note	Custodian—see s 326 (see dict).  Custodianship map—see s 327 (see dict).
management objectives, for an area of public land—see section 311.
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
308	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 309; 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
309	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.
310	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.
311	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
312	Meaning of proponent—pt 10.4
In this part:
proponent means—
	(a)	for a draft plan of management for an area of public land—the custodian of the land; or
	(b)	for a draft variation of a plan of management for an area of public land—
	(i)	the custodian of the land; or
	(ii)	if the draft variation was prepared by the conservator of flora and fauna—the conservator of flora and fauna.
313	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.
314	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 319).
315	Variations of plans of management
	(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 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 unless the conservator has consulted the custodian for the area.
	(3)	This part applies to a draft variation of a plan of management as if it were a draft plan of management.
316	Planning reports and SEAs—draft plans of management
	(1)	At any time before a draft plan of management is approved under section 321 (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.
317	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 62; or
Note	A preliminary draft plan of management for an area would be notified under section 62 as a background paper to a territory plan variation (see s 57, def background papers).
	(b)	if a preliminary draft plan of management has been notified under section 62—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.
318	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.
319	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 318 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.
320	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 319.
	(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 319 relating to the draft plan.
321	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 319 or section 322.
	(2)	The Minister must consider any recommendation relating to the draft plan of management made by a committee of the Legislative Assembly under section 320.
	(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 324).
	(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.
322	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 321 (3) (b), the proponent must—
	(a)	if the Minister gives a direction under section 321 (3) (b) (i)—comply with the Minister’s directions; and
	(b)	if the Minister gives a direction under section 321 (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).
323	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 321 (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.
324	Plans of management—notification, presentation, disallowance and date of effect
	(1)	A plan of management approved by the Minister under section 321 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.
325	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 315).

Part 10.5	Custodianship map
326	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).
327	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
328	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.
329	Leases of public land—generally
The planning and land authority must not, except in accordance with section 330, grant a lease of—
	(a)	public land; or
	(b)	future public land during the defined period.
330	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
331	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 415 for provisions of this chapter.
If a form is approved under s 416 for a provision of this chapter, the form must be used.
Under this chapter, applications may be made, and notice may be given, electronically in certain circumstances (see the Electronic Transactions Act 2001).
Part 11.1	Interpretation—ch 11
332	Definitions
In this Act:
complainant—see section 334 (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
333	Who may complain?
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)).
334	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 may accept a complaint for consideration even if it does not comply with subsection (1).
	(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.
335	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 338 on the result of any action in relation to the complaint.
336	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.
337	Investigation of complaints
The planning and land authority must take reasonable steps to investigate each complaint made in accordance with section 334.
338	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 339.
	(b)	if satisfied that the complaint can be more appropriately dealt with by another entity—refer the complaint to the other entity under section 340;
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 388;
	(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 358.
339	When authority satisfied no further action on complaint necessary
In considering whether no further action should be taken in relation to a complaint under section 338, 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 336 (1) (see s 336 (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).
340	Referral of complaints under s 338 (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.
341	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
342	Meaning of show cause notice—div 11.3.1
In this division:
show cause notice—see section 343 (3).
343	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 a place 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 place 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 place 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.
344	Decision on application for controlled activity order
	(1)	Before deciding whether to make a controlled activity order on an application under section 343, 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 343 (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 343 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
345	Meaning of show cause notice—div 11.3.2
In this division:
show cause notice—see section 346 (2).
346	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 a place 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 place 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.
347	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 348 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.
348	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 346 (2) (b)—that person.
Division 11.3.3	Ongoing controlled activity orders
349	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.
350	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
351	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 place 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.
352	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 place 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 401 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.
353	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 place to which the order applies, unless the order otherwise provides, the order also binds anyone who becomes the lessee of the place 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 place to which the order applies, unless the order otherwise provides, the order also binds anyone who becomes an occupier of the place after the order is made to the same extent as if the order had been directed to that person.
354	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.
355	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.
356	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.
357	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 352 (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 406).  The Territory may be liable to pay compensation for any damage caused (see s 407).
358	Definitions—pt 11.4
In this part:
authorised person—see section 361 (1).
rectification work—
	(a)	means—
	(i)	work in relation to a place 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.
359	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 a place 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 place 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 place 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.
360	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.
361	Authorisation to carry out rectification work
	(1)	The planning and land authority may authorise a person (an authorised person) to enter the place to which a direction under section 359 (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.
362	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.
363	Rectification work by authorised people—entry with consent
An authorised person may enter the place where the rectification work is to be carried out only with the consent of an occupier.
364	Liability for cost of rectification work
The person who is required to comply with a direction under section 359 (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).
365	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.
366	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.
367	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 365 (1) exists in relation to the lessee.
Note	Interest is payable on the deferred amount, see s 368.
	(2)	The planning and land authority may make a declaration under subsection (1) on its own initiative or on application under section 366.
	(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.
368	Security for deferred rectification work costs
	(1)	The planning and land authority must—
	(a)	lodge a copy of a declaration under section 367 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 367 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).
369	Payment of deferred rectification work costs
	(1)	If the full amount of the charge mentioned in section 368 (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.

Part 11.5	Prohibition notices
370	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 a place to which the activity mentioned in subsection (1) relates;
	(b)	anyone by whom or on whose behalf 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 person to whom it is directed; and
	(c)	that the notice takes effect when it is given to a person to whom it is directed; and
	(d)	the grounds on which the notice is given; and 
	(e)	the activity, and the place, in relation to which the notice applies; and
	(f)	that the activity—
	(i)	must not be carried on by the person; or 
	(ii)	must not be carried on by the person 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 a person to whom it is directed.
	(6)	To remove any doubt, 2 or more prohibition notices may be given in relation to the same activity.
371	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 a place; and
	(d)	the person carries on the activity in relation to the place.
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 a place except in accordance with the notice; and
	(d)	the person carries on the activity in relation to the place otherwise than in accordance with the notice.
Maximum penalty:  60 penalty units.
	(3)	An offence against this section is a strict liability offence.
372	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.
373	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
374	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.
375	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 377 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).
376	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 377 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.
377	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
378	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 415 for provisions of this chapter.
If a form is approved under s 416 for a provision of this chapter, the form must be used.
Under this chapter, applications may be made, and notice may be given, electronically in certain circumstances (see the Electronic Transactions Act 2001).
Part 12.1	General
379	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
380	Appointment of inspectors
The planning and land authority may appoint a person as an inspector for this part.
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).
381	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 406).  The Territory may be liable to pay compensation for any damage caused (see s 407).
382	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 of money); or
	(b)	at any time, enter premises with the occupier’s consent; or
	(c)	enter premises in accordance with a search 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 ask for consent to enter the premises.
	(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 makes the announcement.
383	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.
384	Consent to entry
	(1)	When seeking the consent of an occupier of premises to enter premises under section 382 (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 inspector has the power to seize things; and
	(iii)	that anything found and seized under this part may be used in evidence in court; and
	(iv)	that consent may be refused.
	(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 anything found and seized under this part may be used in evidence in court; and
	(iii)	that consent may be refused; 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 entry to the premises by the inspector under this part if—
	(a)	the question arises in a proceeding in the court whether the occupier consented to the entry; and
	(b)	an acknowledgment of consent for the entry is not produced in evidence; and
	(c)	it is not proved that the occupier consented to the entry.
385	General powers on entry to premises
	(1)	An inspector who enters premises under this part 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 samples;
	(d)	take photographs, films, or audio, video or other recordings;
	(e)	require the occupier, or anyone at the premises, to give the inspector reasonable help to exercise a power under this part.
Note	The Legislation Act, s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.
	(2)	A person must take all reasonable steps to comply with a requirement made of the person under subsection (1) (e).
Maximum penalty: 50 penalty units.
386	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.
387	Power to seize things
	(1)	An inspector who enters premises under this part with the occupier’s consent may seize anything at the premises if—
	(a)	the inspector is satisfied, on reasonable grounds, that the thing is connected with an offence against this Act; and
	(b)	seizure of the thing is consistent with the purpose of the entry told to the occupier when seeking the occupier’s consent.
	(2)	An inspector who enters premises under a warrant under this part may seize anything at the premises that the inspector is authorised to seize under the warrant.
	(3)	An inspector who enters premises under this part (whether with the occupier’s consent, under a warrant or otherwise) may seize anything at the premises if satisfied, on reasonable grounds, that—
	(a)	the thing is connected with an offence against this Act; and
	(b)	the seizure is necessary to prevent the thing from being—
	(i)	concealed, lost or destroyed; or
	(ii)	used to commit, continue or repeat the offence.
	(4)	Having seized a thing, an inspector may—
	(a)	remove the thing from the premises where it was seized (the place of seizure) to another place; or
	(b)	leave the thing at the place of seizure but restrict access to it.
	(5)	A person commits an offence if—
	(a)	the person interferes with a seized thing, or anything containing a seized thing, to which access has been restricted under subsection (4); and
	(b)	the person does not have an inspector’s approval to interfere with the thing.
Maximum penalty: 50 penalty units.
	(6)	An offence against this section is a strict liability offence.

Part 12.4	Information requirements
388	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 390.
	(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.
389	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.
390	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
391	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 part; 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.
392	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 part.
	(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.
393	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.
394	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.
395	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 12.6	Return and forfeiture of things seized
396	Receipt for things seized
	(1)	As soon as practicable after an inspector seizes a thing under this part, 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 387 (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.
397	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 part relating to the issue of search warrants apply, with any necessary changes, to the giving of an extension under this section.
398	Access to things seized
A person who would, apart from the seizure, be entitled to inspect a thing seized under this part may—
	(a)	inspect it; and
	(b)	if it is a document—take extracts from it or make copies of it.
399	Return of things seized
	(1)	A thing seized under this part 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 part 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 415 for provisions of this chapter.
If a form is approved under s 416 for a provision of this chapter, the form must be used.
Under this chapter, applications may be made, and notice may be given, electronically in certain circumstances (see the Electronic Transactions Act 2001).
400	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 person, for a reviewable decision, means a person mentioned in schedule 1, column 5 for the decision.
reviewable decision—each decision mentioned in schedule 1, column 2 is a reviewable decision.
401	AAT review—general
	(1)	An eligible person 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 person for the decision; and
	(b)	each interested person 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).
402	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 the day the reviewable decision is made.
	(3)	The period for making the application for review may not be extended under the Administrative Appeals Tribunal Act 1989.
403	Challenge to validity of Ministerial decisions on development applications
	(1)	The validity of a decision made by the Minister under section 158 (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.
	(2)	In this section:
legal proceeding does not include an application to the administrative appeals tribunal.

Chapter 14	Miscellaneous
Notes to ch 14
Fees may be determined under s 415 for provisions of this chapter.
If a form is approved under s 416 for a provision of this chapter, the form must be used.
Under this chapter, applications may be made, and notice may be given, electronically in certain circumstances (see the Electronic Transactions Act 2001).
404	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 214.
	(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 214—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.
405	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)	consultation comments on a draft plan variation;
	(b)	an application for development approval;
	(c)	a representation about a development application;
	(d)	a representation about a draft EIS;
	(e)	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.
406	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.
407	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 406 (1).
official—see section 406 (1).
408	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.
409	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.
410	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.
411	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.
412	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.
413	Expiry of notifiable instruments
	(1)	This section applies to a notifiable instrument under any of the following provisions:
·	section 62
·	section 67
·	section 69
·	section 75
·	section 81
·	section 83
·	section 101.
	(2)	If the notifiable instrument does not state when the instrument expires, the instrument expires 6 months after the day it is notified.
414	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.
415	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.
416	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.
417	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 list of consultants for section 206;
	(d)	inquiry panels;
	(e)	planning reports;
	(f)	strategic environmental assessments.
Examples of what may be prescribed for par (c)
1	selection process for experts to be inquiry panel members
2	establishment of register 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 also prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 10 penalty units for offences against a regulation.

Chapter 15	Transitional
Part 15.1	Transitional—general
418	Definitions—ch 15
In this chapter:
commencement day means the day this Act commences.
repealed Act means the Land (Planning and Environment) Act 1991.
419	Repeals
	(1)	The following legislation is repealed:
	(a)	the Land (Planning and Environment) Act 1991 A1991-100;
	(b)	the Land (Planning and Environment) (Bushfire Emergency) Regulation 2003 SL2003-4;
	(c)	the Land (Planning and Environment) Regulation 1992 SL1992-5;
	(d)	the Magistrates Court (Land Planning and Environment Infringement Notices) Regulation 2003 SL2003-27;
	(e)	the Planning and Land Act 2002 A2002-55;
	(f)	the Planning and Land Regulation 2003 SL2003-16.
	(2)	All other legislative instruments under the Land (Planning and Environment) Act 1991 are repealed.
420	Transitional regulations
	(1)	A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of 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.
421	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.
422	Expiry—ch 15
This chapter expires 2 years after commencement day.

Part 15.2	Transitional—territory plan
423	Transitional—territory plan
	(1)	The planning and land authority must, in consultation with the national capital authority and the public, prepare the territory plan.
Note 1	For what is required for community consultation, see s 424.
Note 2	For requirement to report on consultation with national capital authority, see s 425.
Note 3	The territory plan is a notifiable instrument (see s 46 (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 45 (Territory plan) commences.
424	Transitional—public consultation on territory plan
	(1)	For section 423, 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.
Note	Consultation includes consultation occurring before the commencement of s 423 (see s 423 (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.
425	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 423.
Note	Consultation includes consultation occurring before the commencement of s 423 (see s 423 (4)).
	(2)	The report must include the views expressed by the national capital authority.
426	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 60 (Consultation etc about draft plan variations being prepared) in relation to the draft plan variation.
427	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 60 (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 62 (Public consultation—notification);
	(d)	the consultation notice is taken to be a consultation notice under section 62 that complies with the requirements of this Act, section 63 (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 64 (Effect of draft plan variations publicly notified).
428	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 60 (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 62 (Public consultation—notification);
	(d)	the consultation notice is taken to be a consultation notice under section 62 that complies with the requirements of this Act, section 63 (Public consultation—notice of interim effect etc);
	(e)	the draft plan variation is taken to have been revised under this Act, section 67 (Revision and withdrawal of draft plan variations).

Part 15.3	Development and development applications
429	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.
430	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 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.
431	Transitional—application to apply 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 was authorised immediately before commencement day by—
	(i)	the repealed Act, section 175 (Use of land for leased purpose); or
	(ii)	a lease granted or varied under the repealed Act; but
	(b)	on or after commencement day, the use, including beginning or changing to the use, is a prohibited development.
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)	Despite section 133 (Development proposals for prohibited development)—
	(a)	a person may apply to the planning and land authority under chapter 7 (Development approvals) for development approval for the proposal; and
	(b)	the proposal is taken not to be prohibited development; and
	(c)	the impact track applies to the proposal.
	(3)	The right to make an application under subsection (2) in relation to the use of land, or a building or structure on the land, is not affected only because 1 or more of the following apply in relation to the use:
	(a)	the use is not continuous;
	(b)	if the use was authorised under a lease (the affected lease)—
	(i)	someone deals with the affected lease;
	(ii)	a further lease is granted for the affected lease on application under section 246, whether the grant happens immediately after the expiry of the affected lease or otherwise.
	(4)	However, if the use was authorised under a lease, the right to make an application under subsection (2) in relation to the use of land, or a building or structure on the land, ends if—
	(a)	the lease expires and no application is made under section 246 for a further lease; or
Note	A person may apply for the grant of a further lease not later than 6 months after the expiry of the affected lease.
	(b)	the lease is surrendered (other than under section 246) or terminated.
	(5)	In this section:
deal with a lease—see section 226.
432	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.
433	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.
434	Extended meaning of development approval—s 193
In section 193:
development approval includes an approval under the repealed Act, part 6 (Approvals and orders) that is continued in force under this chapter.

Part 15.4	Transitional—existing rights to use land, buildings and structures
435	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 246; and
	(c)	section 246 applies to the person’s application because of section 442.
	(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 is subject to section 436 and section 436.
436	Effect of s 435 etc
	(1)	To remove any doubt, if a use of land, or a building or structure on the land, is lawful because of section 435—
	(a)	a person need not apply for development approval—
	(i)	to continue, or begin, to use the land, building or structure in the way authorised; or
	(ii)	to change the use of the land, building or structure to the use authorised; and
	(b)	the right to use the land, building or structure in the way authorised does not end only because 1 or more of the following apply in relation to the use:
	(i)	the use is not continuous;
	(ii)	someone deals with the lease (the affected lease) that authorises the use;
	(iii)	a further lease is granted for the affected lease on application under section 246, whether the grant happens immediately after the expiry of the affected lease or otherwise.
	(2)	However, the right to use the land, building or structure in the way authorised stops being lawful if—
	(a)	if the use of the land, building or structure was authorised by a lease (the affected lease)—
	(i)	the affected lease expires and no application is made under section 246 for a further lease; or
Note	A person may apply for the grant of a further lease not later than 6 months after the expiry of the affected lease.
	(ii)	the affected lease is surrendered (other than under section 246) or terminated; or
	(b)	if the use is authorised by a licence under the repealed 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.
	(3)	In this section:
authorised, in relation to use, means authorised in a way mentioned in section 435 (1) (b).
deal with a lease—see section 226.
437	Transitional—existing rights to use land if use involves construction etc
	(1)	The use of land, or a building or structure on the land, in the way authorised is not lawful under section 435 if—
	(a)	after commencement day—
	(i)	a building, or structure on the land, is constructed, altered or demolished; or
	(ii)	earthworks or other construction work is carried out on the land; and
	(b)	the construction, alteration, demolition or work—
	(i)	is associated with the use; and
	(ii)	is not exempt from requiring development approval.
	(2)	In this section:
authorised, in relation to use, means authorised in a way mentioned in section 435 (1) (b).
438	Transitional—use of lease
	(1)	This section applies to a lease if, immediately before commencement day—
	(a)	the lease was in force; and
	(b)	a use (the prescribed use) was—
	(i)	prescribed under the repealed Act, section 175 (3) (a) and authorised by a development approval under the repealed Act; or
	(ii)	prescribed under the repealed Act, section 175 (3) (b).
	(2)	The land comprised in the lease, or a building or structure on the land, may be used for the prescribed use.
	(3)	The right to use the land comprised in the lease, or a building or structure on the land, under subsection (2) is not affected 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;
	(c)	a further lease is granted for the lease on application under section 246, whether the grant happens immediately after the expiry of the affected lease or otherwise.
	(4)	However, the right to use the land comprised in the lease, or a building or structure on the land, under subsection (2) ends if—
	(a)	the lease expires and no application is made under section 246 for a further lease; or
Note	A person may apply for the grant of a further lease not later than 6 months after the expiry of the affected lease.
	(b)	the lease is surrendered (other than under section 246) or terminated.
	(5)	The right to use the land, building or structure under subsection (2) is taken to be authorised by section 240.
	(6)	In this section:
deal with a lease—see section 226.

Part 15.5	Transitional—leases and licences
439	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 257 (Restrictions on dealings with concessional leases).
	(2)	In this section:
deal with a lease—see section 226.
440	Transitional—special leases—s 244
	(1)	Section 244 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 244 (4) 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 244 (4) is 5 years after the date the lease is granted.
	(4)	In this section:
deal with a lease—see section 244 (4).
441	Transitional—Leases Act 1918 leases—s 244
	(1)	Section 244 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 244 (4) 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 231 (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 231 (1) (d) if the criteria under s 233 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 244 (4) is the term of the lease.
	(4)	In this section:
deal with a lease—see section 244 (4).
442	Transitional—extended application of s 246
Section 246 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 246 are satisfied.
443	Transitional—extended application of s 268
	(1)	Section 268 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.
444	Transitional—extended application of s 277
Section 277 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).
445	Transitional—effect of s 242
To remove any doubt, section 242 (No right to use, flow and control of water) does not apply in relation to leases or further leases granted before 11 December 1998.
446	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 447, the lease or licence is taken, on and after commencement day, to have been granted under this Act.
447	Transitional—continued application of certain repealed Acts and provisions
	(1)	The Australian National University (Leases) Act 1967 (repealed) continues to apply in relation to a lease—
	(a)	granted under, or continued in force by, that Act; and
	(b)	in force immediately before commencement day.
	(2)	The Canberra College of Advanced Education (Leases) Act 1977 (repealed) continues to apply in relation to a lease—
	(a)	granted under that Act; and
	(b)	in force immediately before commencement day.
	(3)	However, for subsection (2), the Canberra College of Advanced Education (Leases) Act 1977 (repealed), section 5 is taken to apply as if that section had been amended by omitting ‘in perpetuity’.
	(4)	The Church Lands Leases Act 1924 (repealed), sections 5, 6, 8 and 10 continue to apply in relation to a lease—
	(a)	granted under that Act; and
	(b)	in force immediately before commencement day.
	(5)	In a continuing lease, a reference to improvements is a reference to improvements other than improvements by way of clearing, draining, grading, filling, excavating or levelling made by the Territory or the Commonwealth or the cost of which the Territory or the Commonwealth has paid.
	(6)	The following sections of the City Area Leases Act 1936 (repealed), continue to apply:
	(a)	so far as the section relates to a continuing lease in which provision is made for the land comprised in the lease to be used for a purpose mentioned in that Act, section 8A (1)—section 8A;
	(b)	so far as the section relates to a variation of a continuing lease in relation to which notice under that Act, section 18A of that Act was given before commencement day—section 18B;
	(c)	so far as section 22 relates to a continuing lease in relation to which notice under the section was given before commencement day—section 22;
	(d)	so far as the section relates to a continuing lease mentioned in that Act, section 28A (1)—section 28A;
	(e)	so far as the section relates to a continuing lease mentioned in that Act, section 28DA (1)—section 28DA;
	(f)	so far as the section relates to a sublease mentioned in that Act, section 30A (2) and in force immediately before 2 April 1992—section 30A.
	(7)	Despite the repeal of the Leases (Special Purposes) Act 1925, that Act, sections 5AC, 5AD, 5A and 5B continue to apply in relation to a lease—
	(a)	granted under that Act, section 3 (2) as in force immediately before 11 May 1989; and
	(b)	in force immediately before commencement day.
	(8)	The Leases (Special Purposes) Act 1925 (repealed), section 5BA (6) continues to apply in relation to a lease—
	(a)	granted under that Act; and
	(b)	in force immediately before commencement day.
	(9)	In this section:
continuing lease means a lease granted or continued, or purported to have been granted or continued, under the City Area Leases Act 1936 and to which this Act, section 446 applies.
	(10)	Subsections (1) to (9) are laws to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
	(11)	This section expires on commencement day.
448	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.
449	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.
450	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.
451	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 15.6	Transitional—controlled activities
452	Transitional—meaning of construction occupations licensee in s 338 (4)
In section 338 (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.
453	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 15.7	Transitional—administrative
454	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 Development Act 2002.
	(2)	The person is taken to be the chief planning executive under this Act.
455	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 Development 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.
456	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 380.

Schedule 1	Reviewable decisions, eligible entities and interested people
    
(see s 400)

column 1
item	column 2
reviewable decision	column 3
decision-maker	column 4
eligible entities	column 5
interested people	
1	decision under s 138 (4) to refuse to extend the period within which further information must be provided	planning and land authority	applicant for extension of time	person who made representation under s 153 in relation to the application	
2	decision under s 158 to approve a development application in the code track subject to conditions	planning and land authority	applicant	person who made representation under s 153 in relation to the application	
3	decision under s 158 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 code requirement and does not comply with the requirement; or
(b)	is not subject to a code requirement	planning and land authority	applicant	person who made representation under s 153 in relation to the application	
4	decision under s 158 to approve a development application in the merit track, whether subject to a condition or otherwise—
(a)	if—
(i)	the application was required to be notified under s 150 and s 152, whether or not it was also required to be notified under s 151; and
(ii)	the application is not exempted by regulation; and
(b)	to the extent that the decision—
(i)	is subject to a code requirement and does not comply with the requirement; or
(ii)	is not subject to a code requirement	planning and land authority	an entity if—
(a)	the entity made a representation under s 153 about the 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 158 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	person who made a representation under s 153 in relation to the application	
6	decision under s 158 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 153 about the 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 160 (3) (a))	entity whose satisfaction required by condition on development approval	approval holder	planning and land authority	
8	decision under s 160 (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	person who made representation under s 153 in relation to the application for development approval	
9	decision under s 179 (3) to refuse to extend the prescribed period for finishing development or stage of development	planning and land authority	approval holder	person who made representation under s 153 in relation to the application for the development approval	
10	decision under s 183 to revoke development approval	planning and land authority	approval holder of approval revoked	person who made representation under s 153 in relation to the application for the development approval	
11	decision under s 187 (1) (b) (i) on reconsideration to approve application subject to condition	planning and land authority	applicant for reconsideration	person who made representation under s 153 in relation to the application the approval of which was reconsidered	
12	decision under s 187 (1) (b) (i) on reconsideration	planning and land authority	person who made representation under s 153 in relation to the application the decision on which was reconsidered	applicant for reconsideration	
13	decision under s 187 (1) (b) (ii) to confirm original decision on reconsideration	planning and land authority	applicant for reconsideration	person who made representation under s 153 in relation to the application the approval of which was reconsidered	
14	decision under s 192 to refuse to amend development approval	planning and land authority	approval holder	person who made representation under s 153 in relation to the application for development approval	
15	decision under s 231 to refuse to grant a lease to a person by direct grant	planning and land authority	applicant for grant of lease		
16	decision under s 243 (2) to end person’s right to be granted a lease	planning and land authority	person whose right is ended		
17	decision under s 245 to refuse to consent to a dealing with a lease	planning and land authority	lessee		
18	decision under s 246 to refuse to grant a further lease	planning and land authority	applicant for grant of further lease		
19	decision under s 249 or s (4) that a lease is, or is not, a concessional lease	planning and land authority	lessee		
20	decision under s 255 about the payout amount for a concessional lease	planning and land authority	lessee		
21	decision under s 258 to refuse to consent to a dealing with a lease	planning and land authority	lessee		
22	decision under s 260 to confirm variation of rent after review	planning and land authority	lessee		
23	decision under s 260 to set aside variation and substitute another variation of rent after review	planning and land authority	lessee		
24	decision under s 264 adjusting rent after reappraisal	planning and land authority	lessee		
25	decision under s 266 (1) (d) about amount payable for variation to reduce rent payable under lease to nominal rent	planning and land authority	lessee		
26	decision under s 270 about the amount of change of use charge for variation of lease	planning and land authority	lessee		
27	decision under s 271 about amount of remission of change of use charge for variation of lease	planning and land authority	lessee		
28	decision under s 272 about the amount of an increase of change of use charge for variation of lease	planning and land authority	lessee		
29	decision under s 288 (2) about market value of improvements on land	planning and land authority	lessee		
30	decision under s 289 (1) to refuse to issue a certificate of compliance	planning and land authority	lessee		
31	decision under s 289 (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 289 (2) to issue a certificate of compliance subject to condition that lessee provide security	planning and land authority	lessee		
33	decision under s 289 (2) to refuse to issue a certificate of compliance	planning and land authority	lessee		
34	decision under s 292 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 293 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		
36	decision under s 294 (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		
37	decision under s 294 (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		
38	decision under s 344 to make a controlled activity order other than the order applied for	planning and land authority	applicant for controlled activity order		
39	decision under s 344 to refuse to make a controlled activity order	planning and land authority	applicant for controlled activity order		
40	decision under s 344 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		
41	decision under s 348 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		
42	decision under s 356 (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		
43	decision under s 370 (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		
44	decision under s 373 (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		
45	decision under s 375 to terminate a lease	planning and land authority	person whose lease is terminated		
46	decision under s 376 to terminate a licence	planning and land authority	person whose licence is terminated		
47	decision under s 409 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 332)

column 1
item	column 2
controlled activities	column 3
penalty	
1	failing to comply with—
(a)		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 other than in accordance with a 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 279	60 penalty units	

Schedule 3	Management objectives for public land
(see s 309)

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	
Note	Natural environment—see s 311.

Schedule 4	Development proposals in impact track because of need for EIS
(see s 122 (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 309 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, appendix 1 (Water use and catchment policies); or
	(c)	a prescribed environmental value mentioned in the territory plan, appendix 1 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 124 (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 surveys
·	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 29.
authorised person, for part 11.4 (Rectification work)—see section 361 (1).
authority means the Planning and Land Authority established under section 9 (1).
authority website means the website declared under section 414.
background papers, for part 5.3 (Variations of territory plan other than technical amendments)—see section 57.
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 226.
certificate of compliance means a certificate issued under section 289.
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 270.
chief executive officer means the chief executive officer of the land agency.
chief planning executive means the Chief Planning Executive appointed under section 20.
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 requirements—see section 54.
code track—see section 111 (2) (a).
Note	Div 7.2.2 deals with the code track.
code variation, for part 5.4 (Plan variations—technical amendments)—see section 86 (b).
complainant—see section 334 (1) (b).
complaint, for chapter 11 (Compliance), means a complaint under section 334.
completed, for an EIS—see section 203.
concept plan means a concept plan under section 92.
concessional lease—see section 227.
connected, for part 11.8 (Enforcement)—see section 379.
conservation requirement—see the Heritage Act 2004, dictionary.
consolidation, for chapter 9 (Leases and licences)—see section 226.
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 62 (1) (b).
consultation notice, for part 5.3 (Variations of territory plan other than technical amendments)—see section 62 (1).
consultation period, for part 5.3 (Variations of territory plan other than technical amendments)—see section 62 (1) (a).
controlled activity—see section 332.
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 57.
custodian—see section 326.
custodianship map means the map created and notified under section 327. 
deal with a lease, for chapter 9 (Leases and licences)—see section 226.
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 400.
declared site—see the Tree Protection Act 2005, dictionary.
defined period, for part 10.6 (Leases for public land)—see section 328.
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 54 (4).
development proposal means a proposal for development, whether in a development application or otherwise.
development table, for a development or proposal, means the development table in the territory plan that covers the zone in which the development or proposal is to take place (see s 53).
discharge amount, for division 9.7.2 (Exceptions for rural leases)—see section 275.
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 210 (2) (a).
draft plan variation—see section 59.
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 202.
eligible entity, for chapter 13 (Review of decisions)—see section 400.
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 202).
error variation, for part 5.4 (Plan variations—technical amendments)—see section 86 (a).
estate development plan—see section 93.
exclusion application—see section 404 (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.
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 328.
future urban area means an area of territory land identified in the territory plan for future urban development.
general code—see section 54 (5).
heritage direction—see the Heritage Act 2004, section 62.
holding period, for division 9.7.2 (Exceptions for rural leases)—see section 275.
impact track—see section 111 (2) (c).
Note	Div 7.2.4 deals with the impact track.
improvement, for part 9.8 (Leases—improvements)—see section 281.
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 221.
inspector means a person appointed under section 380.
interested person, for chapter 13 (Review of decisions)—see section 400.
land agency means the Land Development Agency established under section 30.
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 276.
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).
lease—see section 227.
leasehold, of a lessee, means the land held under the lease.
lessee—
	(a)	for chapter 9 (Leases and licences)—see section 226; and
	(b)	for part 9.8 (Leases—improvements)—see section 281.
limited consultation, for part 5.4 (Plan variations—technical amendments)—see section 89.
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 311.
market value, for chapter 9 (Leases and licences)—see section 226.
market value lease means a lease other than a concessional lease.
material detriment—see section 411.
merit criteria—see section 54 (1) (b) (Codes in territory plan).
merit track—see section 111 (2) (b).
Note	Div 7.2.3 deals with the merit track.
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 311 (6).
nominal rent lease, for chapter 9 (Leases and licences)—see section 226.
objectives, for a zone, means the objectives in the territory plan for the zone (see s 50 (1) (b) and s 52).
occupier, for part 11.8 (Enforcement)—see section 379.
offence, for part 11.8 (Enforcement)—see section 379.
ongoing controlled activity order—see section 349.
original application, for division 7.3.10 (Reconsideration of development applications for approval)—see section 185 (1) (a).
original decision, for division 7.3.10 (Reconsideration of development applications for approval)—see section 185 (1) (a).
plan means the territory plan under section 45.
planning and land authority means the Planning and Land Authority established under section 9 (1).
planning report—see section 96.
planning strategy means the planning strategy under section 104.
plan of management, for chapter 10 (Management of public land)—see section 307.
plan variation, for part 5.3 (Variations of territory plan other than technical amendments)—see section 57.
precinct code—see section 54 (3).
premises, for part 11.8 (Enforcement)—see section 379.
prohibited—
	(a)	development is prohibited if the development is prohibited under the relevant development table; and
	(b)	a development proposal is prohibited if any part of the development proposed by the proposal is prohibited.
proponent—
	(a)	for a development proposal, for chapter 8 (Environmental impact statements and inquiries)—see section 200; or
	(b)	for part 10.4 (Plans of management for public land)—see section 312.
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 226.
public availability notice, for a draft plan variation, for part 5.3 (Variations of territory plan other than technical amendments)—see section 69.
public land means land identified by the territory plan as public land.
publicly notifies, for chapter 7 (Development applications)—see section 149.
public register means the register kept by the planning and land authority under section 26.
reconsideration application, for division 7.3.10 (Reconsideration of development applications for approval)—see section 185 (3).
rectification work, for part 11.4—see section 358.
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 226.
registered proprietor, for chapter 9 (Leases and licences)—see section 226.
registered tree—see the Tree Protection Act 2005, section 9.
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 code requirements, for a development proposal, means the code requirements that apply to the proposal in each relevant code.
relevant development table, for a development proposal, means the development table that applies to the proposal.
rental lease, for chapter 9 (Leases and licences)—see section 226.
representation—
	(a)	about a development application, means a representation made under section 153; or
	(b)	for chapter 8 (Environmental impact statements and inquiries)—see section 200.
representative Aboriginal organisation—see the Heritage Act 2004, section 14.
residential lease, for chapter 9 (Leases and licences)—see section 226.
reviewable decision—see section 400.
rural lease, for chapter 9 (Leases and licences)—see section 226.
scoping document, for chapter 8 (Environmental impact statements and inquiries)—see section 206 (2) (b).
SEA means strategic environmental assessment.
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 343 (3); and
	(b)	for division 11.3.2 (Controlled activity orders on authority’s initiative)—see section 346 (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 15 (Statement of planning intent).
statement of strategic directions means the statement of strategic directions in the territory plan (see s 50 and s 51).
strategic environmental assessment—see section 98.
structure plan—see section 91.
subdivision, for chapter 9 (Leases and licences)—see section 226.
sublease, for chapter 9 (Leases and licences)—see section 226.
sublessee, for chapter 9 (Leases and licences)—see section 226.
sustainable development—see section 8.
tax includes duty, fee or charge.
technical amendments—see section 86.
territory plan means the territory plan under section 45.
territory plan map—see section 50 (1) (e).
the inter-generational equity principle—see section 8.
the precautionary principle—see section 8.
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 281.
variation, of a plan of management for chapter 10 (Management of public land)—see section 307.
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	Presentation speech
	Presentation speech made in the Legislative Assembly on	2006.
2	Notification
	Notified under the Legislation Act on	2006.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2006