2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Ms Kerrie Tucker)
Land (Planning and Environment) Amendment Bill 2004

Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Definitions for pt 6
Section 222, definition of relevant authority	2
	5	Register of applications, approvals, orders and lease and development conditions
Section 227 (1) (g)	2
	6	Sections 229A and 229B	2
	7	Approvals
Section 230 (1)	3
	8	Section 230 (2) and (3)	3
	9	Section 230 (4)	4
	10	Matters to be considered
Section 231 (1) (a) (v)	4
	11	Conditional approvals
Section 245 (2) and (3) (i)	4
	12	Revocation of approval
Section 253	4
	13	Approvals subject to entity’s satisfaction
Section 275A (1), note	5
	14	Review of decisions—objectors and third parties to approvals
Section 276 (1)	5
	15	Section 278	5
	16	Challenge to validity of certain decisions
Section 279A	6
	17	New sections 294 and 295	6
	18	Schedule 4, part 4.1, items 2, 4 and 10	7
	19	Dictionary, definition of relevant authority	7

2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Ms Kerrie Tucker)
Land (Planning and Environment) Amendment Bill 2004

A Bill for
An Act to amend the Land (Planning and Environment) Act 1991

    

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

1	Name of Act
This Act is the Land (Planning and Environment) Amendment Act 2004.
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 Land (Planning and Environment) Act 1991.
4	Definitions for pt 6
Section 222, definition of relevant authority
omit
5	Register of applications, approvals, orders and lease and development conditions
Section 227 (1) (g)
substitute
	(g)	any comments of the planning and land authority or the planning and land council given to the Minister for the consideration of an application under section 229B (Minister may decide some applications) as in force before the commencement of the Land (Planning and Environment) Amendment Act 2004; and
6	Sections 229A and 229B
omit
7	Approvals
Section 230 (1)
omit
relevant authority
substitute
planning and land authority
8	Section 230 (2) and (3)
substitute
	(2)	The planning and land authority is taken to have refused to approve an application if it fails to make a decision about the application within the prescribed period.
	(3)	However, the planning and land authority may approve an application (the development application) at any time before the earliest of the following dates:
	(a)	the date when the administrative appeals tribunal has finally dealt with an application under section 275 to review a deemed refusal of the development application under subsection (2);
	(b)	the date 6 months after the date of the development application, unless paragraph (c) applies;
	(c)	if an assessment or a variation to the plan is needed for the development application—the date 12 months after the date of the application.
9	Section 230 (4)
omit
relevant authority
substitute
planning and land authority
10	Matters to be considered
Section 231 (1) (a) (v)
omit
11	Conditional approvals
Section 245 (2) and (3) (i)
omit
relevant authority
substitute
planning and land authority
12	Revocation of approval
Section 253
omit
A relevant authority may revoke an approval given by the authority—
substitute
The planning and land authority may revoke an approval—
13	Approvals subject to entity’s satisfaction
Section 275A (1), note
omit
a relevant authority
substitute
the planning and land authority
14	Review of decisions—objectors and third parties to approvals
Section 276 (1)
omit
relevant authority
substitute
planning and land authority
15	Section 278
substitute
278	Notification of objectors
	(1)	This section applies if application is made to the administrative appeals tribunal for review of a decision mentioned in schedule 4, part 4.1.
	(2)	The planning and land authority must, as soon as practicable after the application to the administrative appeals tribunal is made, give written notice of the application to each person who, under section 237, objected to the application for approval to undertake a development for which the decision was made.
	(3)	The notice must include a statement to the effect that the person to whom it is given is entitled, on application to the administrative appeals tribunal, to be made a party to the proceeding for the review.
16	Challenge to validity of certain decisions
Section 279A
omit
17	New sections 294 and 295
insert
294	Certain applications taken to be referred to planning and land authority
	(1)	This section applies to an application under section 226 for approval to undertake a development if—
	(a)	the planning and land authority referred the application to the Minister for decision in accordance with a direction under section 229A (1); and
	(b)	the application had not been decided by the Minister, or referred back to the planning and land authority, under section 229B before the commencement day.
	(2)	The application is taken to have been referred back to the planning and land authority for decision under section 229B immediately before the commencement day.
	(3)	In this section:
commencement day means the day the Land (Planning and Environment) Amendment Act 2004 commenced.
	(4)	This section expires 1 year after the day it commences.
295	Saving of operation of certain provisions
	(1)	Despite the amendments of this Act made by the Land (Planning and Environment) Amendment Act 2004 (the amending Act), this Act as in force immediately before the commencement of the amending Act continues to apply in relation to—
	(a)	a decision of the Minister under section 229B to consider an application to undertake a development if the Minister decided the application before the commencement of the amending Act; and
	(b)	a decision made by the Minister under section 229B on an application to undertake a development.
	(2)	Subsection (1) is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
	(3)	This section expires 1 year after the day it commences.
18	Schedule 4, part 4.1, items 2, 4 and 10
omit
relevant authority
substitute
planning and land authority
19	Dictionary, definition of relevant authority
omit

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2004.
2	Notification
	Notified under the Legislation Act on	2004.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2004