2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Planning)
Planning and Development (Capital Metro) Legislation Amendment Bill 2014

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Part 2	Administrative Decisions (Judicial Review) Act 1989
	4	Decisions to which this Act does not apply
Schedule 1, item 15, column 3	3
	5	Schedule 1, item 15, column 3, 5th dot point	3
Part 3	Planning and Development Act 2007
	6	Consideration of draft plan variations by Legislative Assembly committee
New section 73 (2A)	4
	7	Committee fails to report promptly on draft plan variations
Section 75 (1) (b)	4
	8	New section 119A	5
	9	New section 119A (1) (aa)	5
	10	New section 128A	6
	11	New section 128A (1) (aa)	6
	12	New part 7.2A	7
	13	Form of development applications
New section 139 (3A)	9
	14	New chapter 21	10
	15	Dictionary, new definitions	12
Part 4	Planning and Development Regulation 2008
	16	Matters exempt from third-party ACAT review
Schedule 3, part 3.2, new item 17	13
	17	Schedule 3, part 3.2, item 17	13
	18	Schedule 3, part 3.3, new item 3	13
	19	Schedule 3, part 3.3, item 3	13
	20	Dictionary, note 3	13

2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Planning)
Planning and Development (Capital Metro) Legislation Amendment Bill 2014

A Bill for
An Act to amend legislation about planning and development, and for other purposes

    

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

Part 1	Preliminary
1	Name of Act
This Act is the Planning and Development (Capital Metro) Legislation Amendment Act 2014.
2	Commencement
	(1)	The following provisions commence on the commencement of the Planning and Development (Bilateral Agreement) Amendment Act 2014, section 6:
·	section 5
·	section 9
·	section 11
·	section 17 
·	section 19.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
	(2)	The remaining provisions commence on a day fixed by the Minister by written notice.
Note 1	A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
Note 2	If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).
3	Legislation amended
This Act amends the following legislation:
·	Administrative Decisions (Judicial Review) Act 1989
·	Planning and Development Act 2007
·	Planning and Development Regulation 2008.

Part 2	Administrative Decisions (Judicial Review) Act 1989
4	Decisions to which this Act does not apply
Schedule 1, item 15, column 3
after 3rd dot point, insert
·	a decision to make a light rail declaration
·	a decision under chapter 7, chapter 8 or chapter 9 in relation to a development proposal that is related to light rail
5	Schedule 1, item 15, column 3, 5th dot point
after
related to light rail
insert
, other than a development proposal involving a protected matter

Part 3	Planning and Development Act 2007
6	Consideration of draft plan variations by Legislative Assembly committee
New section 73 (2A)
insert
	(2A)	The Minister may request the committee report on the draft plan variation within a stated period that is not less than 3 months and not more than 6 months after the draft plan variation is referred to the committee if—
	(a)	the draft plan variation is to facilitate the construction, ongoing operation and maintenance, repairs, refurbishment, relocation or replacement of light rail; and
	(b)	the Minister is satisfied that the shorter period will minimise the risk of delay to the development of light rail. 
7	Committee fails to report promptly on draft plan variations
Section 75 (1) (b)
substitute
	(b)	the committee has not reported on the variation by the end of—
	(i)	if the Minister has requested the committee report within a stated period under section 73 (2A)—the stated period; or
	(ii)	in any other case—the period of 6 months starting on the day after the day the variation is referred.
8	New section 119A
insert
119A	Development proposal related to light rail—qualification of s 119
	(1)	This section applies to a development proposal in the merit track if—
	(a)	the proposal is related to light rail; and
	(b)	an entity has given advice in relation to the proposal.
	(2)	Section 119 (1) (c), (2) and (3) does not apply to the development proposal if the person deciding the development application for the proposal is satisfied that following the entity’s advice will—
	(a)	risk significant delay to the commencement or completion of the development to which the proposal relates; or
	(b)	risk significantly increasing the financial or resource cost for completion of the development to which the proposal relates; or
	(c)	be a significant impediment to the commencement or completion of the development to which the proposal relates.
9	New section 119A (1) (aa)
insert
	(aa)	the proposal does not involve a protected matter; and
10	New section 128A
insert
128A	Development proposal related to light rail—qualification of s 128
	(1)	This section applies to a development proposal in the impact track if—
	(a)	the proposal is related to light rail; and
	(b)	an entity has given advice in relation to the proposal.
	(2)	Section 128 (1) (b) (iii), (2) and (3) does not apply to the development proposal if the person deciding the development application for the proposal is satisfied that following the entity’s advice will—
	(a)	risk significant delay to the commencement or completion of the development to which the proposal relates; or
	(b)	risk significantly increasing the financial or resource cost for completion of the development to which the proposal relates; or
	(c)	be a significant impediment to the commencement or completion of the development to which the proposal relates.
11	New section 128A (1) (aa)
insert
	(aa)	the proposal does not involve a protected matter; and
12	New part 7.2A
insert
Part 7.2A	Capital Metro facilitation
Division 7.2A.1	Preliminary
137A	Meaning of related to light rail
	(1)	For this Act, a development proposal is related to light rail if—
	(a)	the development to which the proposal relates may facilitate the construction, ongoing operation and maintenance, repairs, refurbishment, relocation or replacement of—
	(i)	light rail track; or
	(ii)	infrastructure within, or partly within, 1km from—
	(A)	existing light rail track; or
	(B)	proposed light rail track; or
	(b)	a declaration under section 137B is made in relation to it.
Examples—par (a) (ii)
1	temporary infrastructure for construction of light rail such as safety fencing, scaffolding, access roads and parking
2	stops, stations, terminus and associated shelters, seating and toilet amenities, ticketing infrastructure, parking, set-down areas and bicycle storage
3	access roads, footpaths and bicycle lanes
4	entry and access points and safety barriers
5	electricity supply infrastructure including substations, overhead lines and supports
6	signalling and other control facilities
7	depot facilities
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).
	(2)	In this section:
proposed light rail track means—
	(a)	light rail track identified in a development proposal in a development application that includes the construction, extension, refurbishment, relocation or replacement of light rail track; or
	(b)	light rail track identified in a development approval that authorises the construction, extension, refurbishment, relocation or replacement of light rail track.
Division 7.2A.2	Light rail declaration
137B	Authority may declare development proposal related to light rail
	(1)	The planning and land authority may declare that a development proposal is related to light rail (a light rail declaration).
	(2)	The planning and land authority may make a light rail declaration only if satisfied on reasonable grounds that the development proposal is a development described in section 137A (1) (a).
	(3)	The planning and land authority may make a light rail declaration on its own initiative or on application by the proponent of the development proposal.
	(4)	A declaration is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
137C	Light rail declaration—time limit on proceedings
		A person may not start a proceeding in a court in relation to a decision to make a light rail declaration more than 60 days after the day the declaration is made.
Division 7.2A.3	Effect of development proposal being related to light rail
Note	The operation of other sections of this Act is also affected by a development proposal being related to light rail (see s 119 and s 128).
137D	Development related to light rail—time limit on proceedings
	(1)	This section applies to a development proposal that is related to light rail.
	(2)	A person may not start a proceeding in a court in relation to a decision under this chapter, chapter 8 or chapter 9—
	(a)	if the decision is in relation to the development proposal; and
	(b)	more than 60 days after the day the decision is made.
13	Form of development applications
New section 139 (3A)
insert
	(3A)	A regulation may exempt an application for approval of a development related to light rail from any of the requirements in subsection (2) other than the requirements in subsection (2) (a), (b), (f) and (m). 
14	New chapter 21
insert
Chapter 21	Transitional—Planning and Development (Capital Metro) Legislation Amendment Act 2014
488	Meaning of commencement day—ch 21
In this chapter:
commencement day means the day the Planning and Development (Capital Metro) Legislation Amendment Act 2014, section 3 commences.
489	Development application lodged but not decided prior to commencement of amending Act
	(1)	This section applies to a development application if, before the commencement day, the application was—
	(a)	lodged with the authority; and
	(b)	not finally decided. 
	(2)	A decision in relation to the application is taken to be a decision under this Act as in force immediately before the commencement day.
	(3)	In this section:
not finally decided—a development application is not finally decided until—
	(a)	a decision about the application has been made under section 162 (Deciding development applications); and
	(b)	the period for review of the decision allowed under the ACT Civil and Administrative Tribunal Act 2008 has ended and either—
	(i)	an entity has not made an application to the ACAT for review of the decision; or
	(ii)	an entity has made an application to the ACAT for review of the decision and the review is finally disposed of; and
	(c)	the period allowed for an entity to appeal against the decision in the Supreme Court has ended and either—
	(i)	the decision has not been appealed; or 
	(ii)	the decision has been appealed and the appeal is finally disposed of.
490	Expiry—ch 21
This chapter expires 3 years after the commencement day.
Note	Transitional provisions are kept in the Act for a limited time.  A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).
15	Dictionary, new definitions
insert
light rail means a system of transport for public passengers using lightweight rail and rolling stock.
light rail declaration—see section 137B.
related to light rail—see section 137A.

Part 4	Planning and Development Regulation 2008
16	Matters exempt from third-party ACAT review
Schedule 3, part 3.2, new item 17
insert
17	A development proposal that is related to light rail.
17	Schedule 3, part 3.2, item 17
after
rail
insert
, other than a development involving a protected matter
18	Schedule 3, part 3.3, new item 3
insert
3	A development proposal that is related to light rail.	
19	Schedule 3, part 3.3, item 3
after
rail
insert
, other than a development involving a protected matter
20	Dictionary, note 3
insert
·	light rail
·	related to light rail (see s 137A)

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 27 November 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