Australian Capital Territory
Planning and Land Regulation 2003 (repealed)    
SL2003-16
made under the
Planning and Land Act 2002
Republication No 5
Effective:  2 July 2006
Republication date: 2 July 2006
As repealed by A2006-30 s 4 (2)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Planning and Land Regulation 2003 (repealed), made under the Planning and Land Act 2002, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).  It also includes any commencement, amendment, repeal or expiry affecting the republished law to 2 July 2006.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Planning and Land Regulation 2003 (repealed)
made under the
Planning and Land Act 2002
    
Contents
	Page
	1	Name of regulation	2
	3	Notes	2
	4	When council’s advice must be asked—Act, s 11 (1) (b)	2
Endnotes
	1	About the endnotes	5
	2	Abbreviation key	5
	3	Legislation history	6
	4	Amendment history	6
	5	Earlier republications	7

Australian Capital Territory
Planning and Land Regulation 2003 (repealed)     

made under the
Planning and Land Act 2002

    

  

 

1	Name of regulation
This regulation is the Planning and Land Regulation 2003.
3	Notes
A note included in this regulation is explanatory and is not part of this regulation.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
4	When council’s advice must be asked—Act, s 11 (1) (b)
	(1)	The prescribed circumstance is that the function is to be exercised in relation to a matter that the authority considers involves significant policy, planning or community issues.
	(2)	The following functions are taken to always involve significant policy, planning or community issues:
	(a)	preparing draft plan variations, other than draft plan variations that relate only to defined land, that do not adversely affect anybody’s rights or have as their only object the correction of a formal error in the plan;
	(b)	preparing or reviewing a section master plan;
	(c)	preparing or reviewing a program of land release for the ACT;
	(d)	advising on the broad spatial planning framework for the ACT;
	(e)	dealing with an application, or the grant of a lease, if the Minister has directed that an assessment be made, or a panel be established to conduct an inquiry, under the Land (Planning and Environment) Act 1991, part 2 (Planning), part 5 (Land administration) or part 6 (Approvals and orders) or another Act in relation to the application or grant;
	(f)	deciding an application that relates to—
	(i)	a residential building intended to be higher than 3 storeys and consisting of more than 50 units; or
	(ii)	a building the total floor space of which is intended to be more than 7000m2; or
	(iii)	a building or structure intended to be higher than 25m;
	(g)	deciding applications to change concessional leases into leases that are not concessional leases.
	(3)	However, the authority need not ask for advice from the council about a function to be exercised in relation to a matter (the significant matter) mentioned in subsection (1) or (2) if—
	(a)	the council has already given the authority advice in relation to the significant matter and the matter has not changed substantially; or
	(b)	the council has already given the authority advice in relation to another matter that is substantially the same as the significant matter; or
	(c)	the authority is satisfied that the exercise of the function in relation to the matter is in accordance with a policy about which the council has already advised the authority.
	(4)	In this section:
application—see the Land (Planning and Environment) Act 1991, section 222.
concessional leases—see the Land (Planning and Environment) Regulation 1992, section 22 (4).
defined land—see the Land (Planning and Environment) Act 1991, section 31.
draft plan variation—see the Land (Planning and Environment) Act 1991, section 5.
section master plan––see the territory plan, part D (Definition of terms).

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	par = paragraph/subparagraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	pt = part	
div = division	r = rule/subrule	
exp = expires/expired	renum = renumbered	
Gaz = gazette	reloc = relocated	
hdg = heading	R[X] = Republication No	
IA = Interpretation Act 1967	RI = reissue	
ins = inserted/added	s = section/subsection	
LA = Legislation Act 2001	sch = schedule	
LR = legislation register	sdiv = subdivision	
LRA = Legislation (Republication) Act 1996	sub = substituted	
mod = modified/modification	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
This regulation was originally the Planning and Land Regulations 2003.  It was renamed under the Legislation Act 2001.
Planning and Land Regulation 2003 SL2003-16
notified LR 24 June 2003 
s 1, s 2 commenced 24 June 2003 (LA s 75 (1))
remainder commenced 1 July 2003 (s 2 and see Planning and Land Act 2002 A2002-55, s 2)
as amended by
Planning and Land Amendment Regulations 2003 (No 1) SL2003-21
notified LR 30 June 2003
s 1, s 2 commenced 30 June 2003 (LA s 75 (1))
remainder commenced 1 July 2003 (s 2)
Financial Management Legislation Amendment Act 2005 A2005-52 sch 1 pt 1.17
notified LR 26 October 2005
s 1, s 2 commenced 26 October 2005 (LA s 75 (1))
sch 1 pt 1.17 commenced 1 January 2006 (s 2 (2))
as repealed by
Administrative (Miscellaneous Amendments) Act 2006 A2006-30 s 4 (2)
notified LR 16 June 2006
s 1, s 2 commenced 16 June 2006 (LA s 75 (1))
s 4 (2) commenced 1 July 2006 (s 2 (1))
4	Amendment history
Name of regulation
s 1	am R3 LA
Commencement
s 2	om LA s 89 (4)
When council’s advice must be asked—Act, s 11 (1) (b)
s 4	am SL2003-21 s 4
	(3A), (3B) exp 1 January 2004 (s 4 (3B))
Contents of land agency business plans—Act, s 45 (2) (d) (ii)
s 5	om A2005-52 amdt 1.246
Land agency draft business plan to Minister
s 6	om A2005-52 amdt 1.246
Minister’s response to draft business plan
s 7	om A2005-52 amdt 1.246
Variation of business plan
s 8	om A2005-52 amdt 1.246
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	SL2003-21	1 July 2003	
2	SL2003-21	24 December 2003	
3	SL2003-21	3 November 2004	
4	A2005-52	1 January 2006	

©  Australian Capital Territory 2006