Australian Capital Territory
Land (Planning and Environment) (Draft Variation No 243 and Preliminary Assessment) (Monash) Notice 2004 

Aged Care Facility, Block 1 Section 53, Block 2 Section 50 and part Block 3 Section 50 Monash  

Notifiable instrument NI2004—240
made under the
Land (Planning and Environment) Act 1991, section 19(1)
(Public Consultation - Notification) and section 117(1), 117(2) (Public Inspection)

Draft variation No. 243 to the Territory Plan has been prepared by the ACT Planning and Land Authority in accordance with section 19 of the Land (Planning and Environment) Act 1991 (the Act).  

The draft plan variation proposes to allow for the building of a hostel/nursing home and aged persons units.  The current land use policies of Urban Open Space and Entertainment, Accommodation and Leisure do not permit the development of aged persons accommodation. It is proposed to vary the land use policies to Community Facility to allow for the proposed development.

A mandatory Preliminary Assessment (PA) is also required.  The PA identifies the likely impacts of the proposed policy changes on the physical, natural and human environments.

Draft Variation No 243 should be read in conjunction with the Preliminary Assessment.

The documents relating to this draft plan variation and/or Preliminary Assessment 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 and copies of the Preliminary Assessment can be purchased at a cost of $10.40 per copy; 
•	ACT Government libraries at Belconnen, Civic, Dickson, Erindale, Griffith, Gungahlin, Kippax, Tuggeranong and Woden during normal opening hours; and
•	for the draft plan variation:
the ACTPLA web site at www.actpla.act.gov.au/tplan/index.htm.
•	for the Preliminary Assessment:
www.actpla.act.gov.au/plandev/environmental_planning/activepas.htm

Although draft Variation No.243 and the Preliminary Assessment are being notified concurrently, they will be processed separately in accordance with the relevant provisions of the Land Act.

Written comments from the public are invited on the draft plan variation and/or Preliminary Assessment by 3 September 2004.  Comments should include reference to this draft variation and/or Preliminary Assessment, 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, 16 Challis Street, Dickson
•	Post to:
PO Box 1908
CANBERRA   ACT   2601
•	Email:	terrplan@act.gov.au

Copies of written comments received, and any response from the National Capital Authority, will be made available for public inspection at the ACTPLA Customer Service Centre, 16 Challis Street, Dickson, during normal office hours for a period of 15 business days after the closing date for comments.

Section 9 of the Act applies to the draft variation, which has interim effect for a maximum period of 1 year commencing on 23 July 2004 and ending on 22 July 2005.  During this period, or a period commencing on 23 July 2004 and terminating at the expiration of the day before: 
•	the date the draft variation comes into effect;
•	the date the corresponding plan variation is rejected by the Legislative Assembly; or
•	the date the draft variation, or the corresponding plan variation, is withdrawn under section 22(1)(c), section 27(a) or section 30A(3)(b) of the Act;
whichever is shorter, the Territory, the Executive, the Minister or a Territory Authority shall not do any act, or approve the doing of any act that –
(a)	would be inconsistent with the Territory Plan, if it were varied in accordance with the draft variation; or
(b)	is inconsistent with the Territory Plan.

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

Jacqui Lavis
Delegate of the Chief Planning Executive
ACT Planning and Land Authority
Delegate of the Minister for Environment
Under part 4 of the Land (Planning and Environment) Act 1991
19 July 2004