2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Ms Caroline Le Couteur)
Planning and Development (Notifications and Review) Amendment Bill 2009

Contents
	Page

	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Section 121	2
	5	What is publicly notifies for ch 7?
Section 152 (1), note 2	2
	6	Public notice to adjoining premises
Section 153 (5)	3
	7	Major public notification
Section 155 (5)	4
	8	Notice of approval of application
Section 170 (3), note	5
	9	Notice of refusal of application
Section 171 (3), note	5
	10	Reconsideration
Section 193 (3)	5
	11	Notice of decisions on reconsideration
Section 195, note	5
	12	Decision about whether lease concessional
Section 257 (5), note	6
	13	Authority may decide whether lease concessional on own initiative
Section 258 (4), note 1	6
	14	Decision on rent payout lease variation application
Section 272B (3), note	6
	15	Section 408	6
	16	ACAT review—people who made representations etc
Section 409 (2) (a)	7
	17	Section 409 (2) (b)	7
	18	Section 409 (3) and note	8
	19	Meaning of material detriment—Act
Section 419	8
	20	Reviewable decisions, eligible entities and interested entities
Schedule 1, item 3, column 2	8
	21	Schedule 1, item 4, column 4	8
	22	Schedule 1, item 6, column 4	8
	23	Schedule 1, item 12, column 4	9
	24	Dictionary, definition of material detriment	9

2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Ms Caroline Le Couteur)
Planning and Development (Notifications and Review) Amendment Bill 2009

A Bill for
An Act to amend the Planning and Development Act 2007

    

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

1	Name of Act
This Act is the Planning and Development (Notifications and Review) Amendment Act 2009.
2	Commencement
This Act commences on the 7th 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 Planning and Development Act 2007.
4	Section 121
substitute
121	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 by someone other than the applicant in relation to the decision on the application.	
5	What is publicly notifies for ch 7?
Section 152 (1), note 2
omit
6	Public notice to adjoining premises
Section 153 (5)
substitute
	(5)	If the planning and land authority is satisfied that a failure to notify a person about an application as required under this section has not resulted in a defined circumstance—
	(a)	the planning and land authority may make a declaration to that effect; and 
	(b)	the validity of the development approval is not affected by the failure. 
	(6)	A declaration is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(7)	In this section:
defined circumstance, in relation to a failure to notify a person about an application as required under this section, means the failure—
	(a)	unfavourably affects the person’s awareness of the existence and nature of the application; or
	(b)	denies or restricts the opportunity of the person to make representations about the application under section 156.
7	Major public notification
Section 155 (5)
substitute
	(5)	If the planning and land authority is satisfied that a failure to notify a development application under subsection (1) has not resulted in a defined circumstance—
	(a)	the planning and land authority may make a declaration to that effect; and 
	(b)	the validity of the development approval is not affected by the failure. 
	(6)	A declaration is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(7)	In this section:
defined circumstance, in relation to a failure to notify a development application as required under subsection (1), means the failure—
	(a)	unfavourably affects the public’s awareness of the existence and nature of the application; or
	(b)	denies or restricts the opportunity of the public to make representations about the application under section 156.
8	Notice of approval of application
Section 170 (3), note
omit
s 408 (2)
substitute
s 408
9	Notice of refusal of application
Section 171 (3), note
omit
s 408 (2)
substitute
s 408
10	Reconsideration
Section 193 (3)
omit
11	Notice of decisions on reconsideration
Section 195, note
omit
s 408 (2)
substitute
s 408
12	Decision about whether lease concessional
Section 257 (5), note
omit
s 408 (2)
substitute
s 408
13	Authority may decide whether lease concessional on own initiative
Section 258 (4), note 1
omit
s 408 (2)
substitute
s 408
14	Decision on rent payout lease variation application
Section 272B (3), note 
omit
s 408 (2)
substitute
s 408
15	Section 408
substitute
408	Reviewable decision notices
If a decision-maker makes a reviewable decision, the decision‑maker must give a reviewable decision notice to the following entities in relation to the decision:
	(a)	each eligible entity for the decision;
	(b)	each interested entity for the decision.
Note 1	The decision-maker must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2	The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
408A	Applications for review
The following may apply to the ACAT for review of a reviewable decision:
	(a)	an eligible entity for the decision;
	(b)	any other person whose interests are affected by the decision.
Note	If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.
16	ACAT review—people who made representations etc
Section 409 (2) (a) 
omit
the person was told about the decision
substitute
notice of the decision was received by the person
17	Section 409 (2) (b) 
omit
given
substitute
received 
18	Section 409 (3) and note
substitute
Note 1	The time for making an application may be extended (see ACT Civil and Administrative Tribunal Procedure Rules 2009 (No 2)).
Note 2	For how documents may be served, see the Legislation Act, pt 19.5.
19	Meaning of material detriment—Act
Section 419
omit
20	Reviewable decisions, eligible entities and interested entities
Schedule 1, item 3, column 2
substitute
decision under s 162 to approve a development application in the merit track subject to a condition or to refuse to approve the application
21	Schedule 1, item 4, column 4
substitute
an entity if	the entity made a representation under s 156 about the development proposal or had a reasonable excuse for not making a representation
22	Schedule 1, item 6, column 4
substitute
an entity if	the entity made a representation under s 156 about the development proposal or had a reasonable excuse for not making a representation
23	Schedule 1, item 12, column 4
substitute
an entity if	the entity made a representation under s 156 about the development proposal or had a reasonable excuse for not making a representation
24	Dictionary, definition of material detriment
omit

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2009.
2	Notification
	Notified under the Legislation Act on	2009.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2009