2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Shane Rattenbury)
Planning and Development (Call-in Power) Amendment Bill 2014

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 (Call-in Power) Amendment Act 2014.
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 Planning and Development Act 2007.
4	Section 138AE
substitute
138AE	Community consultation for development proposals
	(1)	Before lodging a development application for a development proposal prescribed by regulation (a prescribed development proposal), the proponent of the proposal must consult the community (community consultation)—
	(a)	about the proposal; and
	(b)	if a guideline is made under section 138AF—in accordance with the guideline.
	(2)	If a proponent proposes to lodge a development application for a prescribed development proposal that is not substantially the same as the proposal consulted on under subsection (1) (a revised proposal), the proponent must carry out community consultation in relation to the revised proposal.
	(3)	The development application for a prescribed development proposal must be accompanied by written notice of the community consultation carried out for the proposal.
Note 1	If a form is approved under s 425 for this provision, the form must be used.
Note 2	If particular information is to be included in the form for the written notice of the community consultation, or a particular document must be attached to or given with the form, the form is properly completed only if the requirement is complied with (see Legislation Act, s 255 (5)).
	(4)	Also, the proponent of a development proposal that is not a prescribed development proposal may comply with the requirements for community consultation in accordance with subsections (1) to (3).
	(5)	The validity of a decision on a development application for a development proposal is not affected—
	(a)	for a prescribed development proposal—by a defect or irregularity in relation to community consultation for the proposal; or 
	(b)	for any other development proposal—by a failure to comply with any requirement in relation to community consultation for the proposal. 
5	Direction that development applications be referred to Minister
New section 158 (1A)
insert
	(1A)	However, the Minister must not give a direction under subsection (1) unless the proponent of the development proposal to which the development application relates has complied with the requirements for community consultation in accordance with section 138AE (1) to (3) (Community consultation for development proposals).

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 18 September 2014.
2	Notification
	Notified under the Legislation Act on	2014.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2014