Australian Capital Territory
Planning, Building and Environment Legislation Amendment Act 2013
A2013-15
    
Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Legislation repealed	3
Part 2	Building Act 2004
	5	Certificates of occupancy
Section 69 (4) (b)	4
	6	New section 69 (4) (c)	4
Part 3	Building (General) Regulation 2008
	7	Exemption from part of Act
Schedule 1, part 1.3, item 25, column 4	5
Part 4	Construction Occupations (Licensing) Regulation 2004
	8	Services that may be provided without licence
Section 35 (3), definition of relevant asbestos qualification	6
Part 5	Districts Act 2002
	9	Divisions, sections and blocks
Section 6 (3) and note	7
Part 6	Electricity Safety Regulation 2004
	10	Section 2	8
Part 7	Planning and Development Act 2007
	11	Draft plan variations to be given to Minister etc
Section 69 (2) (b)	9
	12	Form of development applications
Section 139 (2) (b) (ii)	9
	13	EIS not required if development application exempted
Section 211 (5)	10
	14	Extension of time to commence or complete works—required fee
Section 298C (3), definition of period of extension	10
Part 8	Planning and Development Regulation 2008
	15	When development approvals do not require amendment—Act, s 198C (3)
Section 35, new note	11
	16	Section 51 heading	11
Part 9	Public Place Names Act 1989
	17	Meaning of public place
Section 2, definition of public place	12
	18	Minister to determine names
Section 3 (1)	12
	19	Dictionary, new definition of division	12
Part 10	Unit Titles Act 2001
	20	Reviewable decisions
Schedule 1, item 1	13
Part 11	Water Resources Act 2007
	21	Water access entitlement—special provision for certain entitlements based on surviving allocations etc
Section 25 (1), new note	14

Australian Capital Territory
Planning, Building and Environment Legislation Amendment Act 2013
A2013-15

An Act to amend legislation about planning, building and the environment, and for other purposes

    

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

Part 1	Preliminary
1	Name of Act
This Act is the Planning, Building and Environment Legislation Amendment Act 2013.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the following legislation:
·	Building Act 2004
·	Building (General) Regulation 2008
·	Construction Occupations (Licensing) Regulation 2004
·	Districts Act 2002
·	Electricity Safety Regulation 2004
·	Planning and Development Act 2007
·	Planning and Development Regulation 2008
·	Public Place Names Act 1989
·	Unit Titles Act 2001
·	Water Resources Act 2007.
4	Legislation repealed
	(1)	The following legislation is repealed:
·	Electricity (Greenhouse Gas Emissions) Act 2004 (A2004-71) 
·	Electricity (Greenhouse Gas Emissions) Regulation 2004 (SL2004-60).
	(2)	All other legislative instruments under the Electricity (Greenhouse Gas Emissions) Act 2004 are repealed. 

Part 2	Building Act 2004
5	Certificates of occupancy
Section 69 (4) (b)
omit
signed by an inspector
6	New section 69 (4) (c)
before the note, insert
	(c)	a certificate under the Gas Safety Act 2000 that the gas fitting work carried out in building work complies with the prescribed requirements for the building work relating to gas fitting work is evidence of the fact.

Part 3	Building (General) Regulation 2008
7	Exemption from part of Act
Schedule 1, part 1.3, item 25, column 4
omit
s 47
substitute
s 48

Part 4	Construction Occupations (Licensing) Regulation 2004
8	Services that may be provided without licence
Section 35 (3), definition of relevant asbestos qualification
substitute
relevant asbestos qualification means a qualification declared under the Building (General) Regulation 2008, section 48 (2).

Part 5	Districts Act 2002
9	Divisions, sections and blocks
Section 6 (3) and note
substitute
Note	The Minister must determine a distinguishing name for each division—see the Public Place Names Act 1989, s 3 (1) (a).

Part 6	Electricity Safety Regulation 2004
10	Section 2
substitute
2	Exemption from inspection etc—Act, s 4 (2)
The wiring or a component of an electrical installation for a lift or escalator being installed on the load side of a circuit-breaker in the motor room for the lift or escalator is a prescribed circumstance.

Part 7	Planning and Development Act 2007
11	Draft plan variations to be given to Minister etc
Section 69 (2) (b)
substitute
	(b)	a written report setting out the issues raised in any consultation comments about the variation; and
12	Form of development applications
Section 139 (2) (b) (ii)
substitute
	(ii)	if the land to which the application relates is public land or unleased land—
	(A)	if the development is a driveway verge crossing for a single or dual occupancy development—the custodian for the land or the planning and land authority; or
	(B)	in any other case—the custodian for the land; or
13	EIS not required if development application exempted
Section 211 (5)
substitute
	(5)	An exemption expires—
	(a)	if the other study is an environmental impact statement prepared under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth), part 8 (Assessing impacts of controlled actions) and approval of action in relation to the development has been given under that Act, part 9 (Approval of actions)—when the approval expires, or 18 months after the day the exemption is notified, whichever happens later; or
	(b)	if the other study is an endorsed policy, plan or program under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth), part 10 (Strategic assessments) and approval of action in relation to the development has been given under that Act, part 10—when the approval expires, or 18 months after the day the exemption is notified, whichever happens later; or
	(c)	in any other case—18 months after the day it is notified.
14	Extension of time to commence or complete works—required fee
Section 298C (3), definition of period of extension
substitute
period of extension means—
	(a)	the period of extension approved under section 298B (Extension of time to commence or complete works); or
	(b)	if an application seeks extensions for 2 or more building and development provisions in a lease—the longest of the extensions sought and approved.

Part 8	Planning and Development Regulation 2008
15	When development approvals do not require amendment—Act, s 198C (3)
Section 35, new note
after subsection (4), insert
Note	Exempt developments—see the Act, s 133 and this regulation, s 20.
16	Section 51 heading
substitute
51	Entities relevant for preparation of scoping documents—Act, s 212 (4)

Part 9	Public Place Names Act 1989
17	Meaning of public place
Section 2, definition of public place
substitute
public place includes an avenue, road, street, geographical feature or place that the public is entitled to use, and any unleased land.
18	Minister to determine names
Section 3 (1)
substitute
	(1)	The Minister—
	(a)	must determine the name of a division of Territory land; and
	(b)	may determine the name of a public place that is Territory land.
19	Dictionary, new definition of division
insert
division, in relation to land means a division under the Districts Act 2002, section 6.

Part 10	Unit Titles Act 2001
20	Reviewable decisions
Schedule 1, item 1
substitute
1	20 (6)	refusal to approve a unit title application on the grounds of inconsistency with the heritage register	lessee of the parcel	

Part 11	Water Resources Act 2007
21	Water access entitlement—special provision for certain entitlements based on surviving allocations etc
Section 25 (1), new note
insert
Note 2	Section 202 was in pt 20 (Transitional) which expired in 2008.  A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 11 April 2013.
2	Notification
	Notified under the Legislation Act on 21 May 2013.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Planning, Building and Environment Legislation Amendment Bill 2013, which was passed by the Legislative Assembly on 7 May 2013. 

Clerk of the Legislative Assembly

© Australian Capital Territory 2013