2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

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

Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Definitions for pt 5
Section 159	2
	5	Granting of leases
New section 161 (2A)	3
	6	Section 161	3
	7	Definitions for pt 6
Section 222	3
	8	New sections 245AA and 245AB	4
Schedule 1	Amendments of Unit Titles Act 2001	7

2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

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

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

    

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

1	Name of Act
This Act is the Land (Planning and Environment) (Unit Developments) 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.
Note	This Act also amends the Unit Titles Act 2001 (see sch 1)
4	Definitions for pt 5
Section 159
insert
affordable housing—housing is affordable if a household in the lowest 40% of the distribution of household incomes is paying, for the housing, no more than 30% of household income in housing costs. 
major unit development means—
	(a)	a development consisting of at least 20 units; or
	(b)	a unit development prescribed under the regulations for this section. 
unit—see the Unit Titles Act 2001, section 9. 
5	Granting of leases
New section 161 (2A)
insert
	(2A)	The planning and land authority may grant a lease authorising use of land for a major unit development only if—
	(a)	the lessee has entered into an agreement with the Territory to dedicate at least 10% of the development to be used for providing affordable housing and to ensure that the dedicated percentage of the development—
	(i)	is transferred, on completion of the development, to the commissioner for housing; or
	(ii)	is otherwise used, and continues to be used, after completion of the development for affordable housing; and
	(b)	the lease includes a provision requiring compliance with the agreement. 
6	Section 161
renumber subsections when Act next republished under Legislation Act
7	Definitions for pt 6
Section 222
insert
affordable housing—housing is affordable if a household in the lowest 40% of the distribution of household incomes is paying, for the housing, no more than 30% of household income in housing costs. 
major unit development means—
	(a)	a development consisting of at least 20 units; or
	(b)	a unit development prescribed under the regulations for this section. 
unit—see the Unit Titles Act 2001, section 9. 
8	New sections 245AA and 245AB
in subdivision 6.2.3, insert
245AA	Conditional approvals—major unit developments
	(1)	The relevant authority must include in the approval of an application to undertake a major unit development a condition requiring the applicant to either—
	(a)	dedicate a percentage of the development to be used for providing affordable housing and to ensure that the dedicated percentage of the development—
	(i)	is transferred, on completion of the development, to the commissioner for housing; or
	(ii)	is otherwise used, and continues to be used, after completion of the development for affordable housing; or
	(b)	pay an amount (the affordable housing contribution) to the Territory.
	(2)	For subsection (1) (a), the percentage required to be dedicated must be at least the lesser of— 
	(a)	10%; and
	(b)	a percentage decided as reasonable by the relevant authority under subsection (4).
	(3)	For subsection (1) (b), the affordable housing contribution must be at least the lesser of— 
	(a)	10% of the value of the development; and
	(b)	a percentage decided as reasonable by the relevant authority under subsection (4).
	(4)	In deciding a reasonable percentage for subsection (2) (b) or (3) (b), the relevant authority must consider—
	(a)	the extent of the need for affordable housing in the area; and
	(b)	the scale of the proposed development; and
	(c)	whether the proposed development is likely to reduce the availability of affordable housing; and
	(d)	any dedication or contribution previously made by the applicant under this section or section 161 (Granting of leases) in relation to the area.
	(5)	This section does not prevent the imposition of any other condition by the relevant authority under section 245.
	(6)	This section does not apply to an application to undertake a major unit development if the land to be developed is land comprised in a lease that is subject to a requirement under section 161 (2A).
	(7)	This section does not apply to an application made before the commencement of this Act.
	(8)	This subsection and subsection (7) expire 1 year after the day they commence.
245AB	Application of affordable housing contribution and use of transferred units
	(1)	The Territory must apply any affordable housing contribution under section 245AA to the purpose of providing affordable housing within a reasonable time after the contribution is made.
	(2)	The commissioner for housing must use units transferred under section 161 (2A) (Granting of leases) or 245AA in the exercise of the commissioner’s functions in relation to programs and arrangements for providing affordable housing.

Schedule 1	Amendments of Unit Titles Act 2001
(see s 3)
[1.1]	New section 20 (1A)
insert
	(1A)	However, the planning and land authority may approve a unit title application for a major unit title development only if satisfied that—
	(a)	the development is approved under the Land Act, part 6; and
	(b)	the development is consistent with any requirement to which the lease is subject under the Land Act, section 161 (2A) (Granting of leases).
[1.2]	New section 20 (7)
insert
	(7)	In this section:
major unit development—see the Land Act, section 159. 
[1.3]	Section 20
renumber subsections when Act next republished under Legislation Act

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