2012
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for the Environment and Sustainable Development)
Planning, Building and Environment Legislation Amendment Bill 2012

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Part 2	Building Act 2004
	4	Building code
Section 136 (1), definition of building code	3
Part 3	Building (General) Regulation 2008
	5	Section 10	4
	6	New section 43A	4
Part 4	Planning and Development Act 2007
	7	Meaning of associated document—pt 3.6
New section 30 (1) (da)	5
	8	Territory plan
New section 46 (2) and note	5
	9	Public availability of territory plan
Section 47	5
	10	Public consultation—notification
Section 63 (1) (c)	5
	11	Partial rejection of plan variations by Legislative Assembly
New section 84 (2A) and (2B)	6
	12	Partial rejection of plan variations—publication etc
New section 85 (1) (aa)	6
	13	What are technical amendments of territory plan?
New section 87 (h)	6
	14	Is consultation needed for technical amendments?
New section 88 (1) (d)	7
	15	Limited consultation
Section 90 (2) (d)	7
	16	What is an estate development plan?
Section 94 (1), new note	7
	17	Section 133	7
	18	Exemption assessments and notices
Section 138D (2) (b)	9
	19	New section 138D (2A)	9
	20	Form of development applications
Section 139 (2) (h)	9
	21	New section 139 (2) (n)	9
	22	End of development approvals for lease variations
New section 185 (2) (b) (iii)	10
	23	Section 287	10
	24	Transfer of land subject to building and development provision
Section 298 (4)	11
	25	Reviewable decisions, eligible entities and interested entities
Schedule 1, item 12, column 2	11
Part 5	Planning and Development Regulation 2008
	26	Section 23	12
	27	Compliant single dwellings
Schedule 1, section 1.100 (4), definition of preliminary block, paragraphs (b) and (c)	14
Part 6	Unit Titles Act 2001
	28	Unit title applications—general requirements
New section 17 (1A)	15
	29	Section 17 (1)	15
Part 7	Unit Titles Regulation 2001
	30	Unit title assessment report—contents—Act, s 22B (5) (a)
Section 2D (1) (n) (i)	16
	31	Permissible unit subsidiaries—Act, s 19
Section 3 (2)	16

2012
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for the Environment and Sustainable Development)
Planning, Building and Environment Legislation Amendment Bill 2012

A Bill for
An Act to amend legislation about planning, building and the environment

    

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 2012.
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
·	Planning and Development Act 2007
·	Planning and Development Regulation 2008
·	Unit Titles Act 2001
·	Unit Titles Regulation 2001.

Part 2	Building Act 2004
4	Building code
Section 136 (1), definition of building code
substitute
building code means—
	(a)	the Building Code of Australia prepared and published by the Australian Building Codes Board as amended from time to time by—
	(i)	the Australian Building Codes Board; and
	(ii)	the Australian Capital Territory Appendix to the Building Code of Australia; and
	(b)	a document prescribed by regulation.

Part 3	Building (General) Regulation 2008
5	Section 10
substitute
10	Number of copies of plans—Act, s 26 (2) (a)
The number of copies prescribed is—
	(a)	1 in electronic form; and
	(b)	if the certifier asks for a paper copy—1 copy.
6	New section 43A
in part 5, insert
43A	Documents forming part of building code—Act, s 136 (1), def building code, par (b)
A volume of the National Construction Code series is prescribed if the volume—
	(a)	is published by the Australian Building Codes Board; and
	(b)	includes a notation that it forms part of the Building Code of Australia.

Part 4	Planning and Development Act 2007
7	Meaning of associated document—pt 3.6
New section 30 (1) (da)
insert
	(da)	an estate development plan required under section 139 (2) (n) to accompany the application;
8	Territory plan
New section 46 (2) and note
after the note, insert
	(2)	The territory plan is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
9	Public availability of territory plan
Section 47 
omit
10	Public consultation—notification
Section 63 (1) (c)
omit
on the day after
substitute
10 working days after 
11	Partial rejection of plan variations by Legislative Assembly
New section 84 (2A) and (2B)
insert
	(2A)	The planning and land authority must, in relation to each provision of the plan variation that is rejected, prepare a notice stating that the provision of the plan variation has been rejected.
	(2B)	The notice is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
12	Partial rejection of plan variations—publication etc
New section 85 (1) (aa)
before paragraph (a), insert
	(aa)	a rejection notice under section 84 (2A); or
13	What are technical amendments of territory plan?
New section 87 (h)
insert
	(h)	a variation to relocate a provision within the territory plan if the substance of the provision is not changed.
Example
relocating an area-specific policy from a development code to a precinct code
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).
14	Is consultation needed for technical amendments?
New section 88 (1) (d)
insert
	(d)	a variation to relocate a provision within the territory plan if the substance of the provision is not changed.
15	Limited consultation
Section 90 (2) (d)
omit
on the day after
substitute
10 working days after 
16	What is an estate development plan?
Section 94 (1), new note
insert
Note	A development application for the development of an estate must be accompanied by an estate development plan (see s 139 (2) (n)).
17	Section 133
substitute
133	What is an exempt development?
	(1)	In this Act:
exempt development means development that is exempt from requiring development approval under—
	(a)	the relevant development table; or
	(b)	section 134; or
	(c)	a regulation.
Note 1	Development tables are dealt with in s 54.
Note 2	Relevant development table, for a development proposal—see the dictionary.
Note 3	The planning and land authority must tell a proponent of a development proposal if the development is likely to be exempt (see s 138 (4) (a)).  A person may apply for an exemption assessment to work out whether a development is an exempt development (see s 138B).
	(2)	However, for paragraphs (a) and (c), exempt development does not include—
	(a)	development if a development application for the proposed development is assessable in the impact track; or
	(b)	development on land if—
	(i)	the development is inconsistent with a provision of a development approval for other development on the land; and
	(ii)	the development approval is given on the condition that the provision is complied with.
Example—condition that provision complied with
Development plans do not include windows in the front wall.  The approval is expressed to be subject to the condition that the front wall not have windows.
Example—not a condition that provision complied with
Development plans do not include windows in the front wall.  The approval is given without explicit mention of windows in the front wall being a condition of the approval.
Note 1	An approval may be given subject to conditions (see s 165).
Note 2	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).
18	Exemption assessments and notices
Section 138D (2) (b)
substitute
	(b)	issue a notice (an exemption assessment D notice)—
	(i)	stating whether the development is an exempt development under section 133; and
	(ii)	including anything else prescribed by regulation; and
19	New section 138D (2A)
after the notes, insert
	(2A)	A regulation under subsection (2) (b) (ii) may prescribe—
	(a)	any document that must be attached to the exemption assessment D notice; and
	(b)	information required to be shown in the document.
20	Form of development applications
Section 139 (2) (h)
before
an assessment
insert
be accompanied by
21	New section 139 (2) (n)
before the notes, insert
	(n)	if the application is for the development of an estate—be accompanied by an estate development plan for the estate.
22	End of development approvals for lease variations
New section 185 (2) (b) (iii)
before the notes, insert
	(iii)	if, in relation to a lease variation charge for the approval—
	(A)	a reconsideration application is made—the period of 2 years starting on the day the decision on reconsideration is made; or
	(B)	an application for review to the ACAT is made—the period of 2 years starting on the day the application is decided, withdrawn, dismissed or struck out; or
	(C)	an appeal to a court is made—the period of 2 years starting on the day the appeal ends.
23	Section 287
substitute
287	No subdivision of rural leases during holding period
The planning and land authority must not consent to the subdivision of a lease to which section 284 applies during the holding period.
287A	Consolidation of rural leases during holding period
The planning and land authority may consent to the consolidation of a lease to which section 284 applies during the holding period.
24	Transfer of land subject to building and development provision
Section 298 (4)
omit
holding
25	Reviewable decisions, eligible entities and interested entities
Schedule 1, item 12, column 2
substitute
decision under s 193 (1) (b) (i) on reconsideration, unless the development application to which the reconsideration relates is exempted by regulation.

Part 5	Planning and Development Regulation 2008
26	Section 23
substitute
23	Exemption assessment D notices––Act, s 138D (2) (b) (ii)
The following are prescribed:
	(a)	any information that was used by the works assessor or building surveyor in assessing whether the development is exempt or not;
	(b)	if the works assessor or building surveyor assesses that the development is exempt—whether the development is exempt under—
	(i)	a development table, and if so, which table; or
	(ii)	the Act, section 134; or
	(iii)	a regulation, and if so, which regulation;
	(c)	the works assessor or building surveyor’s name, signature and licence number;
	(d)	the date of the notice.
24	Exemption assessment D notice––attached documents––Act, s 138D (2A) (a) and (b)
	(1)	The following documents are prescribed:
	(a)	a copy of any plans that were used by the works assessor or building surveyor in assessing whether the development is exempt or not;
	(b)	if the works assessor or building surveyor assesses that a single dwelling is exempt under schedule 1, section 1.100 (Compliant single dwellings)—a copy of the survey certificate that was used by the works assessor or building surveyor in assessing that the dwelling is exempt.
	(2)	If the works assessor or building surveyor assesses that the development is exempt—
	(a)	the exemption must be marked on, or attached to, or partly marked on or partly attached to, each page of the plans used by the works assessor or building surveyor in the assessment; and
	(b)	the works assessor or building surveyor must initial, date and mark the works assessor or building surveyor’s licence number on each page of the plans.
	(3)	However, if, because of the size of the plans, it is impractical to mark the exemption on each page of the plans, the works assessor or building surveyor may, instead of marking the exemption under subsection (2) (a), mark each page of the plans with—
	(a)	the works assessor or building surveyor’s initials and licence number and the date; and
	(b)	an indication that the details of the exemption are in the exemption assessment D notice.
	(4)	The pages of any document attached to an exemption assessment D notice must be numbered consecutively through each document, starting with the number 1 and each page must state the total number of pages comprising the attached documents.
Example
An exemption assessment B notice has 3 attached documents that total 25 pages. Each page of the attachments, starting from the first page, is numbered as ‘page 1 of 25’, ‘page 2 of 25’ and so on, until the last page of the final attachment which is numbered ‘page 25 of 25’.  
Note	An example is part of the regulation, 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).
27	Compliant single dwellings
Schedule 1, section 1.100 (4), definition of preliminary block, paragraphs (b) and (c)
substitute
	(b)	a development application for the development of an estate has been approved in relation to the lease; and
Note	A development application for the development of an estate must be accompanied by an estate development plan (see Act, s 139 (2) (n)).
	(c)	the estate development plan accompanying the development application identifies the land as a block; and

Part 6	Unit Titles Act 2001
28	Unit title applications—general requirements
New section 17 (1A)
before subsection (1), insert
	(1A)	This section applies to a parcel if the remaining term of the parcel’s lease is at least 50 years.
29	Section 17 (1)
omit
a parcel
substitute
the parcel

Part 7	Unit Titles Regulation 2001
30	Unit title assessment report—contents—Act, s 22B (5) (a)
Section 2D (1) (n) (i)
substitute
	(i)	there is a letter box—
	(A)	for a units plan that comprises 3 or more units used for residential purposes—for each unit and for the owners corporation; and
	(B)	for a units plan that comprises less than 3 units used for residential purposes—for each unit; and
	(C)	for a units plan that comprises units used for commercial purposes—for the owners corporation; and
	(D)	for a units plan that comprises units used for residential purposes and units used for commercial purposes—for each unit used for a residential purpose and for the owners corporation; and
31	Permissible unit subsidiaries—Act, s 19
Section 3 (2)
omit
(xiv)
substitute
(xiii)

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 29 March 2012.
2	Notification
	Notified under the Legislation Act on 	 2012.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2012