Australian Capital Territory (Planning and Land Management) Regulations 2021 (Cth)

Australian Capital Territory (Planning and Land Management) Regulations 2021

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 16 December 2021

David Hurley

Governor‑General

By His Excellency’s Command

Nola Marino

Assistant Minister for Regional Development and Territories
Parliamentary Secretary to the Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development

Contents

Part 1—Preliminary  1

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

5............ Definitions..................................................................................................................... 1

Part 2—Maximum terms of estates in Territory Land  3

6............ Maximum terms of estates in Territory Land................................................................. 3

Part 3—Fees payable in relation to proposals submitted to the Authority for approval           4

7............ Purpose of this Part....................................................................................................... 4

8............ Fees for services provided by the Authority.................................................................. 4

9............ Indexation of certain dollar amounts.............................................................................. 5

Schedule 1—Repeals  7

Australian Capital Territory (Planning and Land Management) Regulations                   7

Part 1—Preliminary

1  Name

This instrument is the Australian Capital Territory (Planning and Land Management) Regulations 2021.

2  Commencement

(1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1.  The whole of this instrument	The day after this instrument is registered.	18 December 2021

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

This instrument is made under the Australian Capital Territory (Planning and Land Management) Act 1988.

4  Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

5  Definitions

Note:          A number of expressions used in this instrument are defined in the Act, including the following:

(a)    Authority;

(b)    Designated Area;

(c)    Territory Land;

(d)    works.

In this instrument:

Act means the Australian Capital Territory (Planning and Land Management) Act 1988.

indexation day: see subsection 9(2).

indexation factor: see subsection 9(3).

Part 2—Maximum terms of estates in Territory Land

6  Maximum terms of estates in Territory Land

For the purposes of subsection 29(3) of the Act, 999 years is prescribed as the period that the term of an estate granted in Territory Land must not exceed if, immediately before that grant, all or part of the Territory Land was the subject of:

(a)  a perpetual lease; or

(b)  a lease for a term of 999 years.

Note:          Leases that are covered by paragraphs (a) or (b) are generally granted for tertiary education or religious purposes.

Part 3—Fees payable in relation to proposals submitted to the Authority for approval

7  Purpose of this Part

For the purposes of subsection 53(2) of the Act, this Part provides for the charging of fees in relation to proposals submitted to the Authority for approval under the Act.

8  Fees for services provided by the Authority

(1)  The Authority may charge the fee set out in column 2 of an item in the following table for the service set out in column 1 of the item.

Note:          The dollar amounts specified in column 2 of table items 1, 3 and 4 are indexed annually under section 9.

Fees payable in relation to proposals submitted to the Authority for approval
Item	Column 1	Column 2
Service provided	Fee
1	Consideration of a proposal submitted to the Authority to approve works in a Designated Area:
(a) if the estimated cost of the completed works does not exceed $20,000; or	$130
(b) if the estimated cost of the completed works exceeds $20,000 and not $100,000; or	$130 plus 0.45% of the amount of the excess
(c) if the estimated cost of the completed works exceeds $100,000 and not $500,000; or	$1,435 plus 0.35% of the amount of the excess
(d) if the estimated cost of the completed works exceeds $500,000 and not $1,000,000; or	$2,925 plus 0.35% of the amount of the excess
(e) if the estimated cost of the completed works exceeds $1,000,000 and not $10,000,000; or	$4,475 plus 0.20% of the amount of the excess
(f) if the estimated cost of the completed works exceeds $10,000,000	$24,755 plus 0.15% of the amount of the excess
2	Consideration of a proposal submitted to the Authority to approve amendments to previously approved works	25% of the fee payable in relation to the works under item 1
3	Consideration of a proposal submitted to the Authority to approve signs in a Designated Area	$275
4	Initial consideration of a proposal submitted by a person to the Authority to approve works in a Designated Area if: (a) either or both of paragraphs 12(1)(a) and (c) of the Act are not satisfied in one or more respects in relation to the proposal; and (b) the Authority gives a notice to the person setting out the information the Authority requires to provide the service under item 1	$335

(2)  If, in a particular case, the provision of a service set out in column 1 of an item in the table in subsection (1) requires the Authority to pay an amount to another person, the Authority may charge an additional fee for the provision of the service that is equal to that amount.

(3)  The fee payable by a non‑profit making community body for a service that is connected with a non‑profit making activity is 25% of the amount that would otherwise be payable.

9  Indexation of certain dollar amounts

(1)  A dollar amount specified in column 2 of an item in the table in subsection 8(1) is an indexed amount.

(2)  On 1 July 2022 and each subsequent 1 July (an indexation day), each indexed amount is replaced by an amount worked out using the following formula:

(3)  The indexation factor for an indexation day is the number worked out using the following formula:

where:

base quarter means the March quarter ending 1 year before the reference quarter ends.

index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.

March quarter means a period of 3 months ending on 31 March.

reference quarter means the March quarter immediately before the indexation day.

(4)  An indexation factor is to be calculated to 3 decimal places (rounding up if the fourth decimal place is 5 or more).

(5)  An indexation factor that is less than 1 is to be increased to 1.

(6)  Amounts worked out under subsection (2) are to be rounded to the nearest whole dollar (rounding 50 cents upwards).

(7)  Calculations under subsection (3) are to be made:

(a)  using only the index numbers published in terms of the most recently published index reference period; and

(b)  disregarding index numbers that are published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).

Schedule 1—Repeals

Australian Capital Territory (Planning and Land Management) Regulations

1  The whole of the instrument

Repeal the instrument.