Australian Capital Territory
Land (Planning and Environment) Draft Variations Number 209 (East O’Malley) and Number 226 (Phillip Pool) to the Territory Plan 2003*
Notifiable instrument NI2003—498
made under the

Land (Planning and Environment) Act 1991, section 19(1) (Public Consultation – Notification)

Draft variations No.209 and 226 to the Territory Plan have been prepared by the ACT Planning and Land Authority in accordance with section 19 of the Land (Planning and Environment) Act 1991 (the Act).  

Draft variation No.209 proposes to extend the Mount Mugga Mugga Nature Reserve at East O’Malley by varying the land use policies and by reserving the land as public land.

Draft variation No.226 proposes to add a map overlay to Block 2 Section 22 Phillip that will have the effect of ensuring that a publicly accessible 50 metre swimming pool shall be part of any redevelopment of the site.

The documents relating to this draft plan variation may be viewed at:

•	ACTPLA Customer Service Centre, Ground Floor, South Building, Dame Pattie Menzies House, 16 Challis Street, Dickson (opposite the Motor Registry) 8:30am to 4:30pm weekdays.  Copies of the draft plan variation can be obtained here; 
•	ACT Government libraries at Belconnen, Civic, Dickson, Erindale, Griffith, Gungahlin, Kippax, Tuggeranong and Woden during normal opening hours; and
•	the ACTPLA web site at www.actpla.act.gov.au/tplan/index.htm.

Written comments from the public are invited on the draft plan variation by
18 February 2003.  Comments should include reference to this draft variation, a return postal address, and be addressed to:

The Manager, Territory Plan Co-ordination Section
ACT Planning and Land Authority

Comments may be submitted in one of the following ways:

•	Hand deliver to:
ACTPLA Customer Service Centre, Ground Floor, South Building, Dame Pattie Menzies House, 16 Challis Street, Dickson.

•	Post to:
PO Box 1908
CANBERRA   ACT   2601
•	Email:		terrplan@act.gov.au
•	Facsimile:	(02) 6207 1925

Copies of written comments received including those from the National Capital Authority, will be made available for public inspection during normal office hours for a period of 15 business days after the closing date for comments at the ACTPLA Customer Service Centre.

Under section 9 of the Act this draft plan variation has interim effect until
11 December 2004 or earlier if:

•	the draft variation comes into effect; or
•	the approved plan variation is rejected by the Legislative Assembly; or
•	the draft variation is withdrawn.

Interim effect means that the provisions of the draft plan variation are to be treated as though they were actually part of the Territory Plan.  Where there is an inconsistency between a provision of the draft plan variation and a comparable provision in the Territory Plan, the more onerous provision shall apply. 

Section 11 of the Act does not apply because the variation does not vary the heritage places register.

Neil Savery
Delegate of the Minister for Planning

9 December 2003