EXPOSURE DRAFT
Ms Caroline Le Couteur
(Prepared by Parliamentary Counsel’s Office)
Planning and Development (Greenhouse Gas Reduction Targets) Amendment Bill 2012

Contents
	Page

Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Part 2	Planning and Development Act 2007
	4	Object of Act
Section 6 (a)	3
	5	Meaning of sustainable development
Section 9, definition of sustainable development, new paragraphs (e) and (f)	3
	6	New section 9A	4
	7	Giving effect to object of territory plan
Section 49 (1)	4
	8	Statement of strategic directions
Section 52 (1)	5
	9	What is a structure plan?
New section 92 (2)	5
	10	What is a concept plan?
New section 93 (2)	5
	11	What is an estate development plan?
New section 94 (1) (c)	5
	12	Consideration of whether review of territory plan necessary
Section 102 (2) (d)	6
	13	New section 102 (2A)	6
	14	Section 103 heading	6
	15	New section 103A	6
	16	Meaning of significant adverse environmental impact
New section 124A (1) (c)	7
	17	Impact track—development applications
Section 127, new note	8
	18	Impact track—when development approval must not be given
New section 128 (1A)	8
	19	Impact track—considerations when deciding development approval
New section 129 (ha)	8
	20	Form of development applications  
New section 139 (2) (f) (ia)	8
	21	New section 419A	9
	22	Dictionary, new definitions	9
Part 3	Planning and Development Regulation 2008
	23	Exemptions from requirement for development approval
Schedule 1, section 1.22 (2) (a) (ii), new example	10
	24	Schedule 1, section 1.27 (1) (b)	10
	25	Dictionary, note 3	10

EXPOSURE DRAFT
Ms Caroline Le Couteur
(Prepared by Parliamentary Counsel’s Office)
Planning and Development (Greenhouse Gas Reduction Targets) Amendment Bill 2012

A Bill for
An Act to amend the Planning and Development Act 2007 and the Planning and Development Regulation 2008

    

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 (Greenhouse Gas Reduction Targets) 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 Planning and Development Act 2007 and the Planning and Development Regulation 2008.

Part 2	Planning and Development Act 2007
4	Object of Act
Section 6 (a)
substitute
	(a)	consistent with—
	(i)	the social, environmental and economic aspirations of the people of the ACT; and
	(ii)	the ACT greenhouse gas reduction targets; and
5	Meaning of sustainable development
Section 9, definition of sustainable development, new paragraphs (e) and (f)
insert
	(e)	meeting the ACT greenhouse gas reduction targets; 
	(f)	planning for the impacts of climate change in the ACT.
6	New section 9A
in chapter 2, insert
9A	Meaning of ACT greenhouse gas reduction targets and climate change impact analysis 
In this Act:
ACT greenhouse gas reduction targets means the ACT target and interim targets to reduce greenhouse gas emissions in the ACT under the Climate Change and Greenhouse Gas Reduction Act 2010. 
climate change impact analysis means an assessment of the possible and expected contribution to greenhouse gas emissions in the ACT of an activity, proposal or other thing.
7	Giving effect to object of territory plan
Section 49 (1)
omit
sustainability principles
substitute
principles for sustainable development
8	Statement of strategic directions
Section 52 (1)
substitute
	(1)	The statement of strategic directions—
	(a)	must contain—
	(i)	principles and plans for meeting the ACT greenhouse gas reduction targets; and
	(ii)	other principles for sustainable development; and
	(b)	may contain planning principles covering areas of national, regional and Territory interest.
9	What is a structure plan?
New section 92 (2)
after the notes, insert
	(2)	A structure plan must give effect to principles for sustainable development.
10	What is a concept plan?
New section 93 (2)
insert
	(2)	A concept plan must give effect to principles for sustainable development.
11	What is an estate development plan?
New section 94 (1) (c)
insert
	(c)	principles for sustainable development.
12	Consideration of whether review of territory plan necessary
Section 102 (2) (d)
substitute
	(d)	gives effect to its object in a way that gives effect to the principles of sustainable development; and	
13	New section 102 (2A)
insert
	(2A)	The planning and land authority must also consider whether the statement of strategic directions is consistent with the function of the statement under section 52 (2).
14	Section 103 heading 
substitute
103	Review of territory plan—after consideration of whether review necessary
15	New section 103A
in part 5.7, insert 
103A	Review of territory plan—ACT greenhouse gas reduction targets
	(1)	The planning and land authority must, at least once every 5 years—
	(a)	review the territory plan to identify any variation needed to make the plan consistent with the ACT greenhouse gas reduction targets; and
	(b)	if a variation is needed, either—
	(i)	for a variation under part 5.3—prepare a draft plan variation for the variation; or
	(ii)	for a variation that is a technical amendment—make the amendment under part 5.4.
	(2)	After reviewing the territory plan, the planning and land authority must—
	(a)	prepare a notice stating the authority’s findings on the review; and
	(b)	give a copy of the notice to the Minister.
	(3)	A notice is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(4)	The planning and land authority must undertake its first review, and prepare any related draft plan variation or make any technical amendment to the territory plan, under this section by 31 December 2013.
	(5)	Subsection (4) and this subsection expire on 30 June 2014.
16	Meaning of significant adverse environmental impact
New section 124A (1) (c)
insert
	(c)	the planning and land authority is not satisfied that an impact of a proposed development is consistent with the ACT greenhouse gas reduction targets.
17	Impact track—development applications
Section 127, new note
insert
Note 1A	A development application for a development proposal in the impact track must be accompanied by a climate change impact analysis.
18	Impact track—when development approval must not be given
New section 128 (1A)
insert
	(1A)	Also, development approval must not be given if the planning and land authority is not satisfied that the proposal is consistent with the ACT greenhouse gas reduction targets.
19	Impact track—considerations when deciding development approval
New section 129 (ha)
after the note, insert
	(ha)	a climate change impact analysis for the proposed development;
20	Form of development applications	
New section 139 (2) (f) (ia)
insert
	(ia)	a climate change impact analysis for the development; and
21	New section 419A
insert
419A	Annual reporting about climate change
The planning and land authority must include in its annual report under the Annual Reports (Government Agencies) Act 2004—
	(a)	the average annual greenhouse gas emissions expected from developments approved in the reporting year; and
	(b)	details of the authority’s compliance with its functions in relation to the ACT greenhouse gas reduction targets under this Act.
22	Dictionary, new definitions
insert
ACT greenhouse gas reduction targets—see section 9A.
climate change impact analysis—see section 9A.

Part 3	Planning and Development Regulation 2008
23	Exemptions from requirement for development approval
Schedule 1, section 1.22 (2) (a) (ii), new example
insert
4	replacing roof tiles with building-integrated photovoltaic roof tiles
24	Schedule 1, section 1.27 (1) (b)
after 1st mention of
service
insert
(other than a photovoltaic panel or support structure for the panel)
25	Dictionary, note 3
insert
·	ACT greenhouse gas reduction targets (see s 9A)
·	climate change impact analysis (see s 9A)

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	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.