Australian Capital Territory
Planning and Land Act 2002    
A2002-55
Republication No 6
Effective:  1 January 2006 – 30 June 2006
Republication date: 1 January 2006
Last amendment made by A2005-52

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Planning and Land Act 2002 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 January 2006.  It also includes any amendment, repeal or expiry affecting the republished law to 1 January 2006.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Planning and Land Act 2002

Contents
	Page
Chapter 1	Preliminary
	1	Name of Act	2
	3	Dictionary	2
	4	Notes	2
	5	Offences against Act—application of Criminal Code etc	3
	6	Object of Act	3
Chapter 2	The authority and chief planning executive
Part 2.1	The authority
	7	Establishment of authority	4
	8	Territory bound by actions of authority	4
Part 2.2	Functions of authority
	9	Authority functions	5
	10	Authority to comply with directions	6
	11	Asking council’s advice	7
Part 2.3	Operations of authority
	12	Ministerial directions to authority	8
	13	Assembly may recommend directions to authority	9
	14	Statement of planning intent	9
	15	Provision of planning services to others—ministerial approval	10
	16	Reports by authority to Minister	10
	17	Authority’s annual report	10
	18	Delegations by authority	11
Part 2.4	The chief planning executive
	19	Appointment of chief planning executive	12
	20	Chief planning executive’s employment conditions	12
	21	Functions of chief planning executive	12
	22	Suspension or ending of chief planning executive’s appointment	13
Part 2.5	Authority staff and consultants
	23	Authority staff	14
	24	Authority consultants	14
Chapter 3	The council
Part 3.1	Establishment, constitution and functions
	25	Establishment of council	15
	26	Constitution of council	15
	27	Functions of council	16
Part 3.2	Council membership
	28	Council members	17
	29	Ending of council members’ appointments	18
	30	Calling council meetings	19
	31	Council meetings	19
	32	Council resolutions	19
	33	Minimum number for council meetings	20
	34	Voting at council meetings	20
	35	Minutes of council proceedings	20
	36	Disclosure of interests by council members	20
	37	Reporting of disclosed interests to Minister	21
Chapter 4	The land agency
Part 4.1	Establishment and functions of land agency
	38	Establishment of land agency	23
	39	Functions of land agency	23
	40	Land agency functions to be exercised in accordance with directions	24
Part 4.2	Financial and general land agency provisions
	41	Proceeds of lease sale	25
	42	Payment of funds to Territory	25
	43	Liability for territory taxes	26
	44	Ministerial directions to land agency	26
	45	Territory to compensate land agency for cost of complying with directions	27
	46	Committees	27
	47	Land agency’s annual report	28
	48	Delegation by land agency	28
Part 4.3	Land agency governing board
	49	Establishment of land agency board	29
	50	Land agency board members	29
Part 4.4	Land agency staff and consultants
	51	Land agency staff	31
	52	Land agency consultants	31
Chapter 5	Miscellaneous
	53	Meaning of sustainable development	32
	54	Review of Act	32
	55	Regulation-making power	33
Dictionary		34
Endnotes
	1	About the endnotes	36
	2	Abbreviation key	36
	3	Legislation history	37
	4	Amendment history	38
	5	Earlier republications	43

Australian Capital Territory
Planning and Land Act 2002

An Act to provide for planning and the development of land, and for other purposes

    

Chapter 1	Preliminary
1	Name of Act
This Act is the Planning and Land Act 2002.
3	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act or in other legislation.
For example, the signpost definition ‘development—see the Land (Planning and Environment) Act 1991, section 222 (Definitions for pt 6).’ means that development is defined in that section 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.
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)	consistently with the social, environmental and economic aspirations of the people of the ACT; and
	(b)	in accordance with sound financial principles.

Chapter 2	The authority and chief planning executive
Part 2.1	The authority
7	Establishment of authority
	(1)	The Planning and Land Authority is established.
	(2)	The authority—
	(a)	is a body corporate; and
	(b)	must have a seal.
	(3)	The chief planning executive is the authority.
8	Territory bound by actions of authority
Anything done in the name of, or for, the 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 2.2	Functions of authority
9	Authority functions
	(1)	The authority has the following functions:
	(a)	to administer the territory plan;
	(b)	to continually assess 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;
	(f)	to make available land information;
	(g)	to grant, administer, vary and end leases on behalf of the Executive;
Note	Under the Land (Planning and Environment) Act 1991, s 160B, 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 orders under the Land (Planning and Environment) Act 1991, part 6 (Approvals and orders);
	(l)	to provide planning services, including services to entities outside the ACT;
Note	The provision of planning services to somebody other than the Territory is subject to s 15 (Provision of planning services to others—ministerial approval).
	(m)	to review its own decisions;
	(n)	to provide administrative support and facilities for the council;
	(o)	to ensure community consultation and participation in planning decisions;
	(p)	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 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 of entity).
	(3)	The authority must exercise its functions—
	(a)	in a way that has regard to sustainable development; and
	(b)	taking into consideration the statement of planning intent.
Note	For the meaning of sustainable development, see s 53.  The statement of planning intent is dealt with in s 14.
	(4)	In this section:
digital cadastral database—see the Districts Act 2002, section 17.
10	Authority to comply with directions
The authority must comply with any directions given to the authority under this Act or another territory law.
Note	The authority may be given directions by the Minister under s 12.
11	Asking council’s advice
	(1)	The authority must ask for, and consider, the council’s advice—
	(a)	before exercising a function prescribed by regulation; or
	(b)	before exercising a function in circumstances prescribed by regulation.
	(2)	The authority may ask for the council’s advice in relation to the exercise of any other function.

Part 2.3	Operations of authority
12	Ministerial directions to authority
	(1)	The Minister may give a written direction to the 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.
	(2)	Before giving a direction, the Minister must—
	(a)	tell the authority about the proposed direction; and
	(b)	give the authority 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 within 6 sitting days after the day it is given to the authority; and
	(b)	if the copy would not be presented to the Legislative Assembly under paragraph (a) within 14 days after the day it is given to the authority—give a copy of the direction to the members of the Legislative Assembly within the 14 days.
	(4)	If subsection (3) is not complied with, the direction is taken to have been revoked at the end of the period within which the copy of the direction should have been presented or given to members.
	(5)	A direction is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
13	Assembly may recommend directions to authority
	(1)	The Legislative Assembly may, by resolution, recommend that the Minister give the authority a stated direction under section 12.
	(2)	The Minister must consider the recommended direction and must either—
	(a)	direct the authority under section 12; or
	(b)	tell the Legislative Assembly that the Minister does not propose to direct the authority as recommended.
	(3)	A direction mentioned in subsection (2) (a) may be in accordance with the Legislative Assembly’s resolution or as changed by the Minister.
14	Statement of planning intent
	(1)	The Minister may give the authority a written statement that sets out the main principles that are to govern planning and land development in the ACT (the statement of planning intent).
	(2)	The Minister must—
	(a)	present a copy of the statement of planning intent to the Legislative Assembly within 6 sitting days after the day it is given to the authority; and
	(b)	if the copy would not be presented to the Legislative Assembly under paragraph (a) within 14 days after the day it is given to the authority—give a copy of the statement to members of the Legislative Assembly within the 14 days.
	(3)	To remove any doubt, the statement of planning intent does not authorise a person to whom the Land (Planning and Environment) Act 1991, section 8 (Effect of plan) applies to do anything inconsistent with the 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).
15	Provision of planning services to others—ministerial approval
The authority may provide planning services to somebody other than the Territory only with the Minister’s written approval.
16	Reports by authority to Minister
	(1)	The 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 authority.
17	Authority’s annual report
A report prepared by the 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.
18	Delegations by authority
	(1)	The authority may delegate the authority’s functions under this Act or another territory law to a public servant who is an authority staff member.
	(2)	The 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 2.4	The chief planning executive
19	Appointment of chief planning executive
	(1)	The Executive must, after consulting with the council, appoint a person to be the Chief Planning Executive (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.
20	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.
21	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.
22	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, in Australia or elsewhere, of an offence 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 on the first sitting day after the day the chief planning executive is suspended.
	(3)	If, within 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) within 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 2.5	Authority staff and consultants
23	Authority staff
The authority’s staff must be employed under the Public Sector Management Act 1994.
24	Authority consultants
	(1)	The authority may engage consultants.
	(2)	However, the authority must not enter into a contract of employment under this section.

Chapter 3	The council
Part 3.1	Establishment, constitution and functions
25	Establishment of council
The Planning and Land Council is established.
26	Constitution of council
	(1)	The council consists of—
	(a)	a chairperson; and
	(b)	a deputy chairperson; and
	(c)	at least 3, and not more than 5, other members.
	(2)	The following must not be appointed under subsection (1):
	(a)	the chief planning executive;
	(b)	a member of the authority staff;
	(c)	the chief executive officer.
	(3)	The council deputy chairperson acts in the position of council chairperson—
	(a)	during all vacancies in the position; and
	(b)	during all periods when the council chairperson cannot for any reason exercise the functions of the position.
Note	The Legislation Act, div 19.3.2, deals with acting appointments
27	Functions of council
	(1)	The council must give advice on matters arising under this Act if asked by the Minister or the authority.
	(2)	The council may exercise any other function given to the council under this Act or another territory 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 of entity).

Part 3.2	Council membership
28	Council members
	(1)	The Minister may appoint the council members.
Note 1	For the making of appointments generally, see the Legislation Act, div 19.3.
Note 2	Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).  The appointment of someone other than a public servant for more than 6 months under this section would require consultation and be disallowable (see Legislation Act, s 227).
Note 3	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)	The Minister must try to ensure that the following disciplines and areas of expertise are represented among the members appointed:
	(a)	urban economics;
	(b)	community and social planning;
	(c)	urban and regional planning;
	(d)	environmental management;
	(e)	land development;
	(f)	public policy or public law;
	(g)	urban design;
	(h)	transport planning;
	(i)	public administration;
	(j)	engineering.
	(3)	An appointment 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 of appoint).
29	Ending of council members’ appointments
The Minister may end the appointment of a council member—
	(a)	for misbehaviour; or
	(b)	for physical or mental incapacity, if the incapacity affects the exercise of the member’s functions; or
	(c)	if the member—
	(i)	becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of remuneration for their benefit; or
	(ii)	is absent, other than on leave approved by the Minister, from 3 consecutive meetings of the council; or
	(iii)	contravenes section 36 (Disclosure of interests by council members) without reasonable excuse; or
	(iv)	commits, in Australia or elsewhere, an offence punishable by imprisonment for at least 1 year; or
	(d)	if the Minister is satisfied that the member’s ability to function as a council member is affected by an interest disclosed under section 36.
Note	The appointment of a member also ends if the member resigns (see Legislation Act, s 210).
30	Calling council meetings
	(1)	The council is to meet at the times and places the council chairperson decides.
	(2)	The council chairperson must ensure that council members have reasonable notice of meetings.
	(3)	The council chairperson must ensure that, as far as practicable, the council meets at least monthly.
31	Council meetings
	(1)	The council chairperson presides at meetings of the council.
	(2)	The council may decide its own procedure in relation to anything for which a procedure is not provided under this Act.
	(3)	If all the council members agree, a meeting may be held by means of a method of communication, or a combination of methods of communication, that allows the members taking part to hear what each other member says without being in each other’s presence.
	(4)	A council member who takes part in a meeting conducted under subsection (3) is taken, for all purposes, to be present at the meeting.
32	Council resolutions
A resolution is a valid resolution of the council, even if it was not passed at a meeting of the council, if—
	(a)	notice of the resolution is given under procedures decided by the council; and
	(b)	all council members agree, in writing, to the proposed resolution.
33	Minimum number for council meetings
Business may be carried on at a council meeting only if at least 4 council members are present.
34	Voting at council meetings
	(1)	Questions arising at a council meeting may be decided by a majority of the votes of the council members present and voting.
	(2)	If the votes of council members on a question are equally divided, the decision of the council chairperson is the decision of the council on the question.
35	Minutes of council proceedings
	(1)	The council must keep minutes of its proceedings.
	(2)	At a council meeting the council chairperson must ensure that the council considers the minutes of its last meeting.
	(3)	The council must publish the minutes of its proceedings within 7 days after the day the minutes are confirmed by the council.
Example
The council may put the minutes of its proceedings on a website
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).
36	Disclosure of interests by council members
	(1)	A council member who has a relevant interest in an issue being considered, or about to be considered, by the council must, as soon as practicable after the relevant facts have come to the council member’s knowledge, disclose the nature of the interest at a meeting of the council.
	(2)	The disclosure must be recorded in the council’s minutes and, unless the council otherwise decides, the council member must not—
	(a)	be present when the council considers the issue; or
	(b)	take part in a decision of the council on the issue.
	(3)	Any other council member who also has a relevant interest in the issue must not—
	(a)	be present when the council is considering its decision under subsection (2); or
	(b)	take part in the decision.
	(4)	In this section:
relevant interest, in an issue, means—
	(a)	a direct or indirect financial interest in the issue; or
	(b)	a direct or indirect interest of any other kind if the interest could conflict with the proper exercise of the council member’s functions in relation to the council’s consideration of the issue.
37	Reporting of disclosed interests to Minister
	(1)	Within 14 days after the day an interest is disclosed under section 36 (1), the council chairperson must report to the Minister in writing about—
	(a)	the disclosure; and
	(b)	the nature of the interest disclosed; and
	(c)	any decision by the council under section 36 (2).
	(2)	The council chairperson must give to the Minister, by 31 July in each year, a statement that sets out the information given to the Minister in reports under subsection (1) that relate to disclosures made during the previous financial year.
	(3)	The Minister must give a copy of the statement to the relevant committee of the Legislative Assembly within 14 days after the day the Minister receives the statement.
	(4)	In this section:
relevant committee means—
	(a)	a standing committee of the Legislative Assembly nominated by the Speaker for subsection (3); or
	(b)	if no nomination under paragraph (a) is in effect—the standing committee of the Legislative Assembly responsible for public accounts.

Chapter 4	The land agency

Part 4.1	Establishment and functions of land agency
Note for 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.
38	Establishment of land agency
The Land Development Agency (the land agency) is established.
39	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 objectives 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	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).
40	Land agency functions to be exercised in accordance with directions
The land agency must comply with directions given to the land agency under this Act or another territory law.
Note	The land agency may be given a direction under s 44.

Part 4.2	Financial and general land agency provisions
Note for pt 4.2
The land agency must not give a guarantee without the Treasurer’s approval (see Financial Management Act 1996, s 60).
41	Proceeds of lease sale
Consideration received by the land agency for the sale of a lease of land is income of the land agency.
42	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 payment is to be made; and
	(b)	when payment is to be made; 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 within 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 under paragraph (a) within 14 days after the day it is given to the land agency—give a copy of the direction to the members of the Legislative Assembly within the 14 days.
	(5)	If subsection (4) is not complied with, the direction is taken to have been revoked at the end of the period within which the copy of the direction should have been presented or given to members.
43	Liability for territory taxes
This Act does not exempt the land agency from liability for a tax under any other territory law.
44	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 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 within 14 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 14 days.
45	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 44.
	(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.
46	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 chairperson 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.
47	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 44 (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.
48	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 governing board
    
49	Establishment of land agency board
The land agency has a governing board (the land agency board).
50	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)	economics;
	(c)	public law;
	(d)	finance or accounting;
	(e)	public administration;
	(f)	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 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
51	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.
52	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	Miscellaneous
53	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.
54	Review of Act
	(1)	The Minister must begin a review of the operation and effectiveness of this Act not later than 31 December 2006.
	(2)	The Minister must ensure that, during the review, regard is had to—
	(a)	the effectiveness of the operations of the entities established by this Act; and
	(b)	the need for the continuation of the existence of each entity; and
	(c)	the need for the continuation of this Act.
	(3)	The Minister must also consider anything else that seems to the Minister to be relevant to the operation and effectiveness of this Act.
	(4)	The Minister must prepare a report based on the review and must, as soon as practicable, present a copy to the Legislative Assembly.
	(5)	This section expires on 31 December 2008.
55	Regulation-making power
The Executive may make regulations for this Act.
Note	A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.

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:
·	commissioner for revenue
·	corporation
·	function
·	person
·	territory plan.
authority means the Planning and Land Authority established under section 7 (1).
chief executive officer means the chief executive officer of the land agency.
chief planning executive—see section 19 (Appointment of chief planning executive).
council means the Planning and Land Council established under section 25.
council chairperson means the council member mentioned in section 26 (1) (a).
council deputy chairperson means the council member mentioned in section 26 (1) (b).
council member means a person mentioned in section 26 (1) (Constitution of council).
development—see the Land (Planning and Environment) Act 1991, section 222 (Definitions for pt 6).
joint venture includes partnership and arrangement for sharing profit.
land agency means the Land Development Agency.
land agency board means the governing board of the land agency.
land agency board member means a member of the land agency board.
statement of planning intent—see section 14 (Statement of planning intent).
sustainable development—see section 53.
tax includes duty, fee or charge.

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

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	par = paragraph/subparagraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	pt = part	
div = division	r = rule/subrule	
exp = expires/expired	renum = renumbered	
Gaz = gazette	reloc = relocated	
hdg = heading	R[X] = Republication No	
IA = Interpretation Act 1967	RI = reissue	
ins = inserted/added	s = section/subsection	
LA = Legislation Act 2001	sch = schedule	
LR = legislation register	sdiv = subdivision	
LRA = Legislation (Republication) Act 1996	sub = substituted	
mod = modified/modification	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
Planning and Land Act 2002 A2002-55
notified LR 20 December 2002
s 1, s 2 commenced 20 December 2002 (LA s 75 (1))
remainder commenced 1 July 2003 (s 2)
as amended by
Planning and Land Legislation Amendment Act 2003 A2003-30 pt 2 and sch 1 pt 1.2
notified LR 30 June 2003
s 1, s 2 commenced 30 June 2003 (LA s 75 (1))
pt 2 and sch 1 pt 1.2 commenced 1 July 2003 (s 2 and see A2002-55, s 2)
Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1 pt 1.26
notified LR 19 March 2004
s 1, s 2 commenced 19 March 2004 (LA s 75 (1))
sch 1 pt 1.26 commenced 13 April 2004 (s 2 and see Annual Reports (Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5)
Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.45
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 3 pt 3.45 commenced 2 June 2005 (s 2 (1))
Public Sector Management Amendment Act 2005 (No 2) A2005‑44 sch 1 pt 1.5
notified LR 30 August 2005
s 1, s 2 commenced 30 August 2005 (LA s 75 (1))
sch 1 pt 1.5 commenced 8 September 2005 (s 2 and CN2005-19)
Financial Management Legislation Amendment Act 2005 A2005-52 sch 1 pt 1.16
notified LR 26 October 2005
s 1, s 2 commenced 26 October 2005 (LA s 75 (1))
sch 1 pt 1.16 commenced 1 January 2006 (s 2 (2))
4	Amendment history
Commencement
s 2	om LA s 89 (4)
Authority functions
s 9	am A2005-52 amdt 1.215
Authority’s annual report
s 17	sub A2004-9 amdt 1.34
Authority staff
s 23	sub A2005-44 amdt 1.6
Reporting of disclosed interests to Minister
s 37	am A2005-20 amdt 3.326
Establishment and functions of land agency
pt 4.1 hdg	am A2005-52 amdt 1.216
Establishment of land agency
s 38	sub A2005-52 amdt 1.217
Functions of land agency
s 39	am A2005-52 amdt 1.218
Land agency functions to be exercised in accordance with directions
s 40	am A2005-52 amdt 1.219
Financial and general land agency provisions
pt 4.2 hdg	sub A2005-52 amdt 1.221
Introductory concepts
div 4.2.1 hdg	om A2005-52 amdt 1.222
Land agency business plans
div 4.2.2 hdg	om A2005-52 amdt 1.223
Land agency financial provisions
div 4.2.3 hdg	om A2005-52 amdt 1.224
Proceeds of lease sale
s 41	orig s 41 om A2005-52 amdt 1.220
	(prev s 47) renum A2005-52 amdt 1.225
Payment of funds to Territory
s 42	orig s 42 om A2005-52 amdt 1.220
	(prev s 48) am A2003-30 amdt 1.10, amdt 1.11
	renum A2005-52 amdt 1.225
Liability for territory taxes
s 43	orig s 43 om A2005-52 amdt 1.220
	(prev s 49) renum A2005-52 amdt 1.225
Ministerial directions to land agency
s 44	orig s 44 om A2005-52 amdt 1.222
	(prev s 52) am A2005-52 amdt 1.229
	renum A2005-52 amdt 1.231
Territory to compensate land agency for cost of complying with directions
s 45	orig s 45 om A2005-52 amdt 1.223
	(prev s 53) am A2005-52 amdt 1.230
	renum A2005-52 amdt 1.231
Committees
s 46	orig s 46 om A2005-52 amdt 1.223
	(prev s 54) renum A2005-52 amdt 1.231
Proceeds of lease sale
s 47	orig s 47 renum as s 41
	(prev s 55) sub A2004-9 amdt 1.35
	am A2005-52 amdt 1.230
	renum A2005-52 amdt 1.231
Payment of funds to Territory
s 48	orig s 48 renum as s 42
	(prev s 56) am A2003-30 s 4
	renum A2005-52 amdt 1.231
Establishment of land agency board
s 49	orig s 49 renum as s 43
	(prev s 57) sub and renum A2005-52 amdt 1.233
Land agency board members
s 50	orig s 50 om A2005-52 amdt 1.226
	(prev s 58) sub and renum A2005-52 amdt 1.233
General
div 4.2.4 hdg	om A2005-52 amdt 1.227
Land agency staff
s 51	orig s 51 om A2005-52 amdt 1.228
	(prev s 72) sub A2005-44 amdt 1.7
	am A2005-52 amdt 1.239
	renum A2005-52 amdt 1.240
Land agency consultants
s 52	orig s 52 renum as s 44
	(prev s 73) renum A2005-52 amdt 1.240
Meaning of sustainable development
s 53	orig s 53 renum as s 45
	(prev s 74) renum A2005-52 amdt 1.240
Committees
s 54	orig s 54 renum as s 46
	(prev s 76) renum A2005-52 amdt 1.242
	exp 31 December 2008 (s 54 (5))
Land agency’s annual report
s 55	orig s 55 renum as s 47
	(prev s 77) renum A2005-52 amdt 1.242
Delegation by land agency
s 56	renum as s 48
Land agency governing board
pt 4.3 hdg	sub A2005-52 amdt 1.232
Constitution of land agency
s 57	sub and renum as s 49
Land agency board
s 58	sub and renum as s 50
Appointment of land agency board members
s 59	om A2005-52 amdt 1.234
Honesty, care and diligence of land agency board members
s 60	om A2005-52 amdt 1.234
Ending of land agency board members’ appointments
s 61	om A2005-52 amdt 1.234
Land agency staff and consultants
pt 4.4 hdg	orig pt 4.4 hdg om A2005-52 amdt 1.235
	(prev pt 4.5 hdg) sub and renum A2005-52 amdt 1.236
Calling land agency board meetings
s 62	om A2005-52 amdt 1.235
Procedure at land agency board meetings
s 63	om A2005-52 amdt 1.235
Land agency board resolutions
s 64	om A2005-52 amdt 1.235
Minimum number for land agency board meetings
s 65	om A2005-52 amdt 1.235
Voting at land agency board meetings
s 66	om A2005-52 amdt 1.235
Minutes of land agency board proceedings
s 67	om A2005-52 amdt 1.235
Disclosure of interests by land agency board members
s 68	om A2005-52 amdt 1.235
Reporting of disclosed interests to Minister
s 69	om A2005-52 amdt 1.235
Land agency chief executive officer, staff and consultants
pt 4.5 hdg	sub and renum as pt 4.4 hdg
Land agency chief executive officer
div 4.5.1 hdg	om A2005-52 amdt 1.237
Appointment of chief executive officer
s 70	om A2005-52 amdt 1.237
Functions of chief executive officer
s 71	om A2005-52 amdt 1.237
Land agency staff and consultants
div 4.5.2 hdg	om A2005-52 amdt 1.238
Land agency staff
s 72	renum as s 51
Land agency consultants
s 73	renum as s 52
Meaning of sustainable development
s 74	renum as s 53
Abuse of position
s 75	am A2003-30 amdt 1.12
	om A2005-52 amdt 1.241
Review of Act
s 76	renum as s 54
Regulation-making power
s 77	renum as s 55
Transitional provisions
ch 6 hdg	ins A2003-30 s 4
	exp 1 July 2004 (s 86)
Interpretation
pt 6.1 hdg 	ins A2003-30 s 4
	exp 1 July 2004 (s 86)
Definitions for ch 6
s 78 	ins A2003-30 s 4
	exp 1 July 2004 (s 86)
Assets, rights and liabilities
pt 6.2 hdg 	ins A2003-30 s 4
	exp 1 July 2004 (s 86)
Vesting of assets, rights and liabilities
s 79 	ins A2003-30 s 4
	exp 1 July 2004 (s 86)
Registration of changes in ownership of certain assets
s 80 	ins A2003-30 s 4
	exp 1 July 2004 (s 86)
Evidentiary certificate for vested assets and liabilities
s 81 	ins A2003-30 s 4
	exp 1 July 2004 (s 86)
Proceedings and evidence
s 82 	ins A2003-30 s 4
	exp 1 July 2004 (s 86)
Reports and financial statements of repealed authorities
pt 6.3 hdg	ins A2003-30 s 4
	exp 1 July 2004 (s 86)
Continuation of repealed authorities for annual reports
s 83 	ins A2003-30 s 4
	exp 1 July 2004 (s 86)
Continuation of repealed authorities CEOs for certain purposes
s 84 	ins A2003-30 s 4
	exp 1 July 2004 (s 86)
Other provisions
pt 6.4 hdg	ins A2003-30 s 4
	exp 1 July 2004 (s 86)
Transitional regulations
s 85 	ins A2003-30 s 4
	exp 1 July 2004 (s 86)
Expiry of ch 6
s 86 	ins A2003-30 s 4
	exp 1 July 2004 (s 86)
Dictionary
dict	def business plan om A2005-52 amdt 1.243
	def chief executive officer sub A2005-52 amdt 1.243
	def land agency sub A2005-52 amdt 1.244
	def land agency board sub A2005-52 amdt 1.244
	def land agency board member sub A2005-52 amdt 1.244
	def land agency chairperson om A2005-52 amdt 1.244
	def land agency deputy chairperson om A2005-52 amdt 1.244
	def sustainable development sub A2005-52 amdt 1.245
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No and date	Effective	Last amendment made by	Republication for	
R1 (RI)
3 July 2003	3 July 2003–
12 Apr 2004	A2003-30	new Act and amendments by A2003-30
reissue for textual correction in s 56	
R2
13 Apr 2004	13 Apr 2004–
1 July 2004	A2004-9	amendments by A2004-9	
R3
2 July 2004	2 July 2004–
1 June 2005	A2004-9	commenced expiry	
R4
2 June 2005	2 June 2005–
7 Sept 2005	A2005-20	amendments by A2005-20	
R5
8 Sept 2005	8 Sept 2005–
31 Dec 2005	A2005-44	amendments by A2005-44	

©  Australian Capital Territory 2006