City Renewal Authority and Suburban Land Agency Act 2017 (ACT)
City Renewal Authority and Suburban Land Agency Act 2017
A2017-12
Republication No 13
Effective: 1 January 2024
Republication date: 1 January 2024
Last amendment made by A2023‑52
About this republication
The republished law
This is a republication of the City Renewal Authority and Suburban Land Agency Act 2017 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 January 2024. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 January 2024.
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 type="disc">
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 includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
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 the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
City Renewal Authority and Suburban Land Agency Act 2017
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5 Objects of Act 2
Part 2 City renewal authority
Division 2.1 Definitions—pt 2
6 Definitions—pt 2 4
Division 2.2 Establishment, objects and functions of city renewal authority
7 Establishment of city renewal authority 4
8 Objects of authority 4
9 Functions of authority 5
10 Authority’s role in cohesive urban renewal 6
11 Ministerial directions to authority 7
12 Territory to compensate authority for cost of complying with directions 7
14 Annual report of authority 8
14A Delegation by authority 8
Division 2.3 Authority board
15 Establishment of governing board for authority 9
16 Functions of authority board 9
17 Ministerial statement of expectations 10
18 Statement of operational intent 10
19 Delegation by authority board 11
Division 2.4 Authority board members
20 Authority board members duty of good conduct 11
21 Authority board member appointments 12
Division 2.5 Authority committees
22 Establishment of authority committees 13
23 Exercise of committee functions 14
24 Membership of committees 14
Division 2.6 Authority financial matters
25 Proceeds of lease sales by authority 15
26 Authority payment of funds to Territory 15
27 Authority liability for territory taxes 16
Division 2.7 Authority CEO, staff and consultants
28 Appointment of authority CEO 16
29 Functions of authority CEO 16
30 Authority CEO duty of good conduct 17
31 Delegation by authority CEO 18
32 Authority’s staff 19
33 Authority arrangements for staff and facilities 19
34 Authority contractors and consultants 19
Division 2.8 Urban renewal precincts
35 Urban renewal precinct may be declared 19
36 Criteria for land being included in urban renewal precinct 20
Division 2.9 Melbourne and Sydney Buildings
Subdivision 2.9.1 Definitions—div 2.9
36A Definitions—div 2.9 21
Subdivision 2.9.2 Revitalisation of Melbourne and Sydney Buildings
36B Draft revitalisation plan—preparation 22
36C Draft revitalisation plan—public consultation 24
36D Draft revitalisation plan—approval 25
36E Direction to carry out revitalisation work 26
36F ACAT review of direction 27
36G Authorisation to carry out revitalisation work 27
36H Revitalisation work by authorised people 28
36I Liability for cost of revitalisation work 28
36J Protection of authorised people from liability 29
Subdivision 2.9.3 Other work on Melbourne and Sydney Buildings
36K Work may be carried out with consent 29
Part 3 Suburban land agency
Division 3.1 Establishment, objects and functions of suburban land agency
37 Establishment of suburban land agency 30
38 Objects of agency 30
39 Functions of agency 31
40 Agency’s role in cohesive suburban development 32
41 Ministerial directions to agency 32
42 Territory to compensate agency for cost of complying with directions 33
44 Annual report of agency 33
44A Delegation by agency 33
Division 3.2 Agency board
45 Establishment of governing board for agency 34
46 Functions of agency board 34
47 Agency board members duty of good conduct 34
48 Agency board member appointments 35
49 Delegation by agency board 36
Division 3.3 Agency committees
50 Establishment of agency committees 36
51 Exercise of committee functions 37
52 Membership of committees 38
Division 3.4 Agency financial matters
53 Proceeds of sales of land by agency 38
54 Agency payment of funds to Territory 38
55 Agency liability for territory taxes 39
Division 3.5 Agency CEO, staff and consultants
56 Appointment of agency CEO 39
57 Functions of agency CEO 40
58 Agency CEO duty of good conduct 41
59 Delegation by agency CEO 41
60 Agency’s staff 42
61 Agency arrangements for staff and facilities 42
62 Agency contractors and consultants 42
Part 4 Miscellaneous
63 Treasurer must make directions for land acquisition 43
64 Sharing of protected information 43
65 Affordable, community and public housing targets 44
66 Regulation-making power 46
Dictionary47
Endnotes
1 About the endnotes 51
2 Abbreviation key 51
3 Legislation history 52
4 Amendment history 55
5 Earlier republications 60
6 Expired transitional or validating provisions 62
City Renewal Authority and Suburban Land Agency Act 2017
An Act to establish the city renewal authority and the suburban land agency, and for other purposes
Part 1Preliminary
Name of Act
This Act is the City Renewal Authority and Suburban Land Agency Act 2017.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘utility service—see the Utilities Act 2000, dictionary.’ means that the term ‘utility service’ is defined in that dictionary and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Objects of Act
The objects of this Act are to—
(a)establish the city renewal authority; and
(b)establish the suburban land agency; and
(c)promote and facilitate the orderly and efficient delivery of residential, commercial and industrial development in the public interest, including urban renewal; and
(d)promote development that is environmentally sustainable and applies innovative environmental building and public domain design; and
(e)support, encourage and facilitate public and private sector investment and participation in the development of the Territory.
Part 2City renewal authority
Division 2.1 Definitions—pt 2
Definitions—pt 2
In this part:
statement of expectations—see section 17 (1).
statement of operational intent—see section 18 (1).
Division 2.2 Establishment, objects and functions of city renewal authority
Establishment of city renewal authority
The City Renewal Authority is established.
NoteThe authority is a corporation if the authority is prescribed by the financial management guidelines for the Financial Management Act 1996, pt 8 (see Financial Management Act 1996, s 54, s 72, def relevant territory authority and s 73).
Objects of authority
The objects of the authority are—
(a)to encourage and promote a vibrant city through the delivery of design-led, people-focussed urban renewal, including by creating opportunities—
(i)to include the community and relevant entities in the design and delivery of urban renewal; and
(ii)to grow and diversify the Territory’s economy; and
(iii)for private sector investment in urban renewal; and
(b)to encourage and promote social and environmental sustainability through—
(i)planning and delivery of urban renewal; and
(ii)improved urban infrastructure; and
(iii)responsiveness to demographic change in the ACT; and
(c)to operate effectively, in a way that delivers value for money, in accordance with sound risk management practices.
Functions of authority
(1)The functions of the authority are, in relation to an urban renewal precinct, to—
(a)carry out urban renewal; and
(b)buy and sell leases of land on behalf of the Territory; and
(c)make arrangements for the public service or another entity to carry out development or works; and
(d)support public and private sector investment and participation in urban renewal, including by supporting development that is attractive to potential investors and participants; and
(e)manage orderly urban renewal, including holding, managing and selling land and other property; and
(f)support cooperation between the authority, the community, and relevant entities (for example, industry groups); and
(g)support high quality design, planning and delivery of sustainable urban renewal; and
(h)meet housing targets determined under section 65 (Affordable, community and public housing targets); and
(i)support statutory greenhouse gas emissions targets and deliver environmentally sustainable development; and
(j)follow and support whole-of-government strategies; and
(k)any other function given to the authority under this Act or another territory law.
Note 1A territory authority must not do any act, or approve the doing of an act, that is inconsistent with the territory plan (see Planning Act 2023, s 52).
Note 2A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
(2)The authority must exercise the authority’s functions in a way that is consistent with the statement of operational intent.
(3)With the approval of the Minister and the Treasurer, the authority may exercise its functions—
(a)through subsidiaries, joint ventures or trusts; or
(b)by holding shares in, or other securities of, corporations.
(4)In this section:
support an outcome, includes promote, encourage, facilitate and deliver the outcome.
Authority’s role in cohesive urban renewal
(1)The authority must work with any entity that has an interest in land in an urban renewal precinct to encourage cohesive urban renewal.
Examples—entities that may have an interest
· a person who owns property on the land
· a person developing land
· the head of service
· a person licensed to provide a utility service
(2)The authority may—
(a)require the entity to do any of the following in relation to the land:
(i)consult, including in a particular way, with the public or another entity that has an interest in the land;
(ii)make arrangements for working co-operatively with another entity that has an interest in the land; and
(b)refuse to exercise a function in relation to the land until a requirement under paragraph (a) has been fulfilled.
Ministerial directions to authority
(1)The Minister may, at any time, give directions to the authority—
(a)about the exercise of the authority’s functions; or
(b)requiring the authority to exercise a function in relation to the financial arrangements of the authority.
(2)Before giving a direction, the Minister must—
(a)tell the authority about the proposed direction; and
(b)give the authority a reasonable opportunity to comment on the proposed direction; and
(c)consider any comments made by the authority.
(3)A direction is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Territory to compensate authority for cost of complying with directions
(1)The Territory must pay to the authority the reasonable net cost of complying with a direction under section 11.
(2)The amount payable under subsection (1) is the amount agreed between the authority and the Minister or, failing agreement, the amount decided by the Chief Minister.
Annual report of authority
(1)The authority must prepare an annual report under the Annual Reports (Government Agencies) Act 2004.
(2)The report must—
(a)include any statement of expectations and statement of operational intent in effect during the reporting year; and
(b)report on the extent to which the statement of operational intent in effect during the reporting year was met during the reporting year; and
(c)if the statement of operational intent was not met in whole or in part during the reporting year—give reasons why the statement of operational intent was not met.
14ADelegation by authority
(1)The authority may delegate the authority’s functions to the authority CEO.
NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
(2)The authority CEO may subdelegate to an authorised person a function delegated under subsection (1) if the subdelegation is authorised, in writing, by the authority.
(3)In this section:
authorised person means—
(a)a public employee; or
(b)a person prescribed by regulation.
Division 2.3 Authority board
Establishment of governing board for authority
The governing board of the authority is established.
NoteAn appointment of a governing board member is an appointment under this section (see Financial Management Act 1996, s 78 (7) (b)).
Functions of authority board
The functions of the authority board are—
(a)to oversee the operations of, and exercise of functions by, the authority; and
(b)to promote the statement of expectations; and
(c)to implement the statement of operational intent; and
(d)to make arrangements about the conduct and operation of the authority board; and
(e)any other function given to the authority board under this Act or another territory law.
Note 1A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
Note 2The authority board has the following functions under the Financial Management Act 1996, s 77:
· setting the authority’s policies and strategies
· governing the authority consistently with the authority’s establishing Act and other relevant legislation
· ensuring, as far as practicable, that the authority operates in a proper, effective and efficient way
· ensuring, as far as practicable, that the authority complies with applicable governmental policies (if any).
Note 3For authority board meeting arrangements see the Financial Management Act 1996, div 9.4.
Ministerial statement of expectations
(1)The Minister must, at least once every 12 months—
(a)make a statement setting out the government’s requirements and priorities in relation to urban renewal in an urban renewal precinct (a statement of expectations); and
(b)give the statement of expectations to the authority board.
Examples—par (a)
·particular project to be undertaken by the authority
·dividend or other financial return to be made to the Territory by the authority
·affordable housing, community housing or public housing targets
·environmental performance
·whole-of-government strategy or plan
(2)The statement of expectations may include any information the Minister believes will assist the authority board to implement the statement of expectations.
(3)A statement of expectations is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Statement of operational intent
(1)Within 60 days after the day the Minister gives the statement of expectations to the authority board, the authority board must give the Minister a draft statement of response setting out how the authority board will give effect to the statement of expectations (a statement of operational intent).
(2)The draft statement of operational intent may refer to a matter covered in the statement of intent for the authority prepared under the Financial Management Act 1996, section 61.
(3)The Minister must, within 60 days after the day the Minister receives a draft statement of operational intent—
(a)approve the draft statement; or
(b)reject the draft statement; or
(c)approve the draft statement with conditions.
(4)An approved statement of operational intent is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Delegation by authority board
(1)The authority board may delegate the authority board’s functions to the authority CEO.
NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
(2)The authority CEO may subdelegate to an authorised person a function delegated under subsection (1) if the subdelegation is authorised, in writing, by the authority board.
(3)In this section:
authorised person means—
(a)a public employee; or
(b)a person prescribed by regulation.
Division 2.4 Authority board members
Authority board members duty of good conduct
An authority board member has a duty to the Minister when acting as a board member—
(a)to act in good faith; and
(b)not to pursue personal interests at the expense of the authority’s interests; and
(c)not to use board membership to gain personal advantage; and
(d)not to cause detriment to the authority or undermine the reputation of the authority.
NoteThe duty set out in this section supplements the requirements under the Financial Management Act 1996, pt 8 (Financial provisions for territory authorities) and pt 9 (Governance of territory authorities) and the requirements under the Public Sector Management Act 1994, div 2.1 (Public sector standards).
Authority board member appointments
(1)The authority board has the following part-time members:
(a)a chair;
(b)a deputy chair;
(c)at least 3, but not more than 5, expert members.
NoteThe chair, deputy chair and other members of the authority board are appointed by the Minister (see Financial Management Act 1996, s 78 and s 79).
(2)A member must have knowledge of and experience in at least 1 of the following disciplines and areas of expertise:
(a)urban renewal;
(b)architecture;
(c)urban design;
(d)civil engineering;
(e)environmentally sustainable development;
(f)social inclusion and community building;
(g)law, public administration and governance;
(h)financing major development projects;
(i)affordable housing, community housing and public housing.
(3)The Minister must, as far as practicable, ensure that each discipline and area of expertise mentioned in subsection (2) is represented among the appointed members.
(4)A member must not be a public servant.
(5)A regulation may prescribe other criteria for the appointment of a person as an expert member.
Division 2.5 Authority committees
Establishment of authority committees
(1)The authority board must establish an audit and risk committee.
(2)The authority board may establish other committees to help the authority to exercise its functions.
(3)Without limiting subsection (2), committees may be established in relation to the following:
(a)corporate governance;
(b)design review;
(c)community engagement.
(4)The authority board must establish any committee prescribed by regulation.
(5)A regulation may prescribe—
(a)matters on which a committee can provide advice; and
(b)functions of the authority that may only be exercised after considering the advice of a committee.
Exercise of committee functions
(1)The authority board may decide—
(a)how a committee is to exercise its functions; and
(b)the procedure to be followed for meetings of a committee, including—
(i)calling meetings; and
(ii)the number of committee members to be present at meetings (including requirements that particular members be present); and
(iii)the committee member who is to preside at meetings; and
(iv)how questions arising at a meeting are to be decided; and
(v)keeping minutes of meetings.
(2)Subject to any decision of the authority board under subsection (1), a committee may decide its own procedures.
Membership of committees
(1)A committee consists of the people appointed by the authority board.
NoteFor the making of appointments (including acting appointments), see the Legislation Act, div 19.3.
(2)A committee may consist entirely or partly of authority board members.
Division 2.6 Authority financial matters
Note The authority must not give a guarantee without the Treasurer’s written approval (see Financial Management Act 1996, s 60).
Proceeds of lease sales by authority
Consideration received by the authority for the sale of a lease of land is income of the authority.
Authority payment of funds to Territory
(1)The Treasurer may direct the authority to pay to the Territory—
(a)the amount stated in the direction; or
(b)an amount calculated in the way stated in the direction.
(2)The Treasurer may also direct the authority—
(a)how to make the payment; and
(b)when to make the payment; and
(c)about the conditions relating to payment.
(3)In giving a direction under subsection (1), the Treasurer must have regard to—
(a)the authority’s assets and liabilities; and
(b)the authority’s income and expenditure; and
(c)the authority’s ability to exercise its functions; and
(d)the requirement that the Territory obtain a reasonable return from the development and disposal of land.
(4)A direction under this section is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Authority liability for territory taxes
This Act does not exempt the authority from liability for a tax under any other territory law.
Division 2.7 Authority CEO, staff and consultants
Appointment of authority CEO
(1)The Financial Management Act 1996, section 80 does not apply to the authority.
(2)The chief executive officer of the authority is appointed by the chair of the authority board.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
(3)The authority CEO must be a public servant.
(4)The chair of the authority board is a public sector employer in relation to the authority CEO for the Public Sector Management Act 1994, section 152 (Certain office-holders have management powers).
(5)The authority CEO is not an authority board member.
Functions of authority CEO
(1)The functions of the authority CEO are—
(a)to manage the day-to-day operations of the authority including the following:
(i)monitoring and reporting to the authority board on the authority’s performance against the statement of operational intent; and
(ii)ensuring the authority complies with the authority board’s decisions; and
(iii)managing the finances of the authority; and
(iv)developing, for approval by the authority board—
(A)corporate strategies, including strategies for engaging with and managing corporate risks; and
(B)operational strategies, including strategies for engaging with and managing operational risks; and
(v)reporting to the authority board on the implementation of a strategy approved under subparagraph (iv); and
(vi)providing information and advice to the authority board on matters relating to the authority; and
(b)giving administrative support to the authority board in the exercise of its functions; and
(c)any function given to the authority CEO—
(i)by the authority board; or
(ii)under this Act or another territory law.
(2)The Financial Management Act 1996, section 84 (CEO’s functions) applies to the authority CEO, despite the authority CEO not being a member of the authority board.
(3)The authority board may, at any time, give written directions to the authority CEO about the exercise of the authority CEO’s functions.
Authority CEO duty of good conduct
(1)In exercising the functions of the authority CEO, the authority CEO must exercise the degree of honesty, care and diligence required to be exercised by a director of a corporation in relation to the affairs of the corporation.
(2)The authority CEO also has a duty to the authority board—
(a)to act in good faith; and
(b)not to pursue personal interests at the expense of the authority’s interests; and
(c)not to use the office to gain personal advantage; and
(d)not to cause detriment to the authority or undermine the reputation of the authority.
NoteAs a public servant, conduct requirements under the Public Sector Management Act 1994 apply to the authority CEO.
Delegation by authority CEO
(1)The authority CEO may delegate the authority CEO’s functions to an authorised person.
NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
(2)A delegate may subdelegate to an authorised person a function delegated under subsection (1) if the subdelegation is authorised, in writing, by the authority CEO.
(3)In this section:
authorised person means—
(a)a public employee; or
(b)a person prescribed by regulation.
Authority’s staff
(1)The authority CEO may employ staff on behalf of the Territory.
(2)The authority’s staff must be employed under the Public Sector Management Act 1994.
NoteThe Public Sector Management Act 1994, div 8.2 applies to the authority in relation to the employment of staff (see Public Sector Management Act 1994, s 152).
Authority arrangements for staff and facilities
The authority CEO may arrange with the head of service to use the services of a public servant or Territory facilities.
NoteThe head of service may delegate powers in relation to the management of public servants to a public servant or another person (see Public Sector Management Act 1994, s 18).
Authority contractors and consultants
(1)The authority CEO may engage consultants and contractors.
(2)However, the authority CEO must not enter into a contract of employment under this section.
Division 2.8 Urban renewal precincts
Urban renewal precinct may be declared
(1)The Minister may declare an area of land in the ACT to be an urban renewal precinct for this Act.
NoteThe power to make an instrument includes the power to amend or repeal the instrument.
(2)For each urban renewal precinct, the Minister must—
(a)name the urban renewal precinct; and
(b)describe the urban renewal precinct by reference to land; and
(c)set out a map of the urban renewal precinct; and
(d)set out, in general terms, the urban renewal priorities for the urban renewal precinct.
(3)A declaration is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Criteria for land being included in urban renewal precinct
(1)Land may be included in an urban renewal precinct only if the Minister—
(a)is satisfied including the land promotes urban renewal and will facilitate 1 or more of the following:
(i)integrated commercial and residential development;
(ii)the integration of development with public transport;
(iii)benefits to the community, the environment and the territory economy; and
(b)is satisfied including the land is consistent with—
(i)the national capital plan; and
(ii)the territory plan; and
(iii)the planning strategy; and
(iv)any relevant district strategy; and
(v)the statement of planning priorities; and
(vi)any other strategic planning strategy developed by government to guide land planning for the Territory; and
(c)has considered the advice of the following in relation to including the land in the precinct:
(i)the authority;
(ii)the Minister responsible for the Planning Act 2023.
(2)In this section:
district strategy—see the Planning Act 2023, section 38 (1).
planning strategy—see the Planning Act 2023, section 36 (1).
statement of planning priorities—see the Planning Act 2023, section 42 (1).
Division 2.9 Melbourne and Sydney Buildings
Subdivision 2.9.1 Definitions—div 2.9
36ADefinitions—div 2.9
In this division:
leased public area, of the Melbourne Building or Sydney Building—
(a)means the facade and other external parts of the building that are accessible by or visible to the public; and
(b)includes—
(i)a structure or thing attached to the building; and
(ii)a structure or thing on the land surrounding the building.
Examples—par (a)
colonnade, shopfront, veranda
Examples—par (b) (i)
sign, solar panel, antenna, light
Examples—par (b) (ii)
footpath, garden, landscaping
Melbourne Building means the building on the following land:
(a)division of City, section 1, blocks 4 to 20;
(b)the parcel of land subdivided by units plan 3188.
owner, of the Melbourne Building or Sydney Building, means—
(a)a Crown lessee under a Crown lease in relation to that part of the Melbourne Building or Sydney Building located on the Crown lease; or
(b)for that part of the Melbourne Building that is subdivided under the Unit Titles Act 2001—
(i)for a unit in the building—the registered proprietor of the lease of the unit; and
(ii)for common property—the owners corporation for the building.
Sydney Building means the building on the following land:
(a)division of City, section 48, blocks 1 to 6;
(b)division of City, section 48, blocks 9 to 26;
(c)division of City, section 48, blocks 28 to 32.
Subdivision 2.9.2 Revitalisation of Melbourne and Sydney Buildings
36BDraft revitalisation plan—preparation
(1)The Minister may ask the authority, in writing, to prepare a plan (a draft revitalisation plan) to revitalise a leased public area of the Melbourne Building or Sydney Building.
(2)A draft revitalisation plan for the Melbourne Building or Sydney Building must—
(a)set out the work required to revitalise the leased public area of the building; and
(b)include any matter prescribed by regulation.
(3)The authority must, in preparing a draft revitalisation plan for the Melbourne Building or Sydney Building—
(a)consult with each of the following entities (a relevant entity), in relation to the proposed draft revitalisation plan:
(i)each owner of the building;
(ii)if the proposed plan involves works that may affect a registered tree or regulated tree under the Urban Forest Act 2023—the conservator of flora and fauna;
(iii)if the proposed plan involves works that may affect a public tree under the Urban Forest Act 2023—the director-general responsible for that Act;
(iv)the heritage council;
(v)any other entity prescribed by regulation; and
(b)give written notice to each relevant entity that it may make written submissions about the proposed draft revitalisation plan within 30 days of the notice or any longer period stated in the notice; and
(c)consider any submission received from a relevant entity in that period; and
(d)consider any other matter prescribed by regulation.
(4)For subsection (3) (a) (i), if the proposed draft revitalisation plan involves work to the leased public area of that part of the Melbourne Building that is subdivided under the Unit Titles Act 2001, the following applies:
(a)if the work only involves common property in the leased public area, the authority is only required to consult with the owners corporation;
(b)if the work does not involve common property in the leased public area, the authority is only required to consult with the owner of a unit in the leased public area.
36CDraft revitalisation plan—public consultation
(1)If the authority prepares a draft revitalisation plan under section 36B, the authority must also prepare a notice about the draft plan (a consultation notice).
(2)A consultation notice must—
(a)state that—
(i)anyone may give a written submission to the authority about the draft revitalisation plan; and
(ii)submissions may be given to the authority only during the period starting on the day the consultation notice is notified under the Legislation Act and ending 30 days later or on any later day stated in the notice (the consultation period); and
(b)include the draft plan.
(3)A consultation notice is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(4)If the authority notifies a consultation notice for a draft revitalisation plan—
(a)anyone may give a written submission to the authority about the draft plan; and
(b)the submission may be given to the authority only during the consultation period for the draft plan.
(5)If the consultation period for a draft revitalisation plan has ended, the authority must—
(a)consider any written submissions received during the consultation period; and
(b)make any revisions to the draft plan that the authority considers appropriate; and
(c)prepare a final version of the draft plan; and
(d)give the final version of the draft plan to the Minister.
36DDraft revitalisation plan—approval
(1)The Minister may approve a draft revitalisation plan given to the Minister under section 36C (5) (d).
(2)The Minister must not approve a draft revitalisation plan that is inconsistent with a submission received from the conservator of flora and fauna or the heritage council under section 36B (3) (c).
(3)The Minister must state in the approval a reasonable period in which the work must be completed.
(4)An approval is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
36EDirection to carry out revitalisation work
(1)This section applies if—
(a)a revitalisation plan approved under section 36D in relation to the Melbourne Building or Sydney Building requires stated work to be carried out to the building by an owner of the building within a stated period; and
(b)the work has not been carried out by the end of the period.
(2)The authority may give the owner a written direction requiring the work to be completed not later than 6 months after the day the direction is given to the person or within any longer period stated in the direction (the completion date).
(3)The direction must state—
(a)that it is a direction under this Act given by the authority; and
(b)the owner of the building; and
(c)the building and leased public area in relation to which the direction applies; and
(d)the work required (the revitalisation work); and
(e)the grounds on which the direction is given; and
(f)that the revitalisation work must be completed by the completion date.
(4)The direction must also contain a statement to the effect that, if the revitalisation work is not completed by the completion date—
(a)the authority may authorise someone else to carry out the work; and
(b)the reasonable cost of carrying out the work is a debt to the Territory by the person who is required to comply with the direction.
NoteAn amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
36FACAT review of direction
The following people may apply to the ACAT for review of a decision to give a direction under section 36E (2):
(a)the person to whom the direction is given;
(b)any other person whose interest is affected by the direction.
NoteThe requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
36GAuthorisation to carry out revitalisation work
(1)The authority may authorise a person (an authorised person) to carry out revitalisation work under a direction under section 36E (2) if the work is not completed by the end of the period stated in the direction.
(2)However, the authority must not give the authorisation—
(a)until the end of the period for making an application to the ACAT for review of the decision to give the direction to which the work relates; or
(b)if an application is made to the ACAT for review of the decision to give the direction to which the work relates—unless the decision is upheld or the application is withdrawn.
(3)If an approval or permit is required for the revitalisation work to be carried out in accordance with the direction, the Territory may apply for the approval or permit on behalf of the owner who is required to comply with the direction.
36HRevitalisation work by authorised people
(1)An authorised person must carry out the revitalisation work in accordance with the directions of the authority.
(2)If entry to premises in a building is necessary to carry out the revitalisation work, the authorised person may enter the premises to carry out the work—
(a)during business hours; and
(b)at any other time with the consent of the occupier of the premises.
(3)An authorised person who enters premises under this section may remain at and re‑enter the premises to carry out the revitalisation work during business hours, or at any time agreed by the occupier of the premises.
(4)An authorised person may do anything reasonably required, including apply for approvals and permits, to carry out the revitalisation work.
(5)In this section:
business hours, in relation to premises—
(a)means 9 am to 5 pm on a working day; and
(b)if the premises are not residential premises—includes any other period when the premises are open for business.
36ILiability for cost of revitalisation work
An owner of a building who is required to comply with a direction under section 36E (2) must pay to the Territory the reasonable cost of any revitalisation work carried out by an authorised person under section 36H.
NoteAn amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
36JProtection of authorised people from liability
(1)An authorised person does not incur civil liability for revitalisation work carried out in accordance with the directions of the authority.
(2)Any civil liability that would, apart from this section, attach to the authorised person attaches instead to the Territory.
Subdivision 2.9.3 Other work on Melbourne and Sydney Buildings
36KWork may be carried out with consent
The authority may carry out work on a leased public area of the Melbourne Building or Sydney Building with the consent of the owner of the building.
Part 3Suburban land agency
Division 3.1 Establishment, objects and functions of suburban land agency
Establishment of suburban land agency
(1)The Suburban Land Agency is established.
(2)The agency is a territory authority.
NoteThe agency is a corporation if the agency is prescribed by the financial management guidelines for the Financial Management Act 1996, pt 8 (see Financial Management Act 1996, s 54, s 72, def relevant territory authority and s 73).
Objects of agency
The objects of the agency are to—
(a)encourage and promote—
(i)inclusive communities through the delivery of people‑focussed neighbourhoods; and
(ii)suburban development that supports the following:
(A)affordable living;
(B)a safe and healthy population;
(C)social inclusion;
(D)housing choice;
(E)environmental sustainability; and
(iii)urban renewal, other than in an urban renewal precinct; and
(iv)growth and diversification of the Territory’s economy; and
(v)social and environmental sustainability; and
(b)operate effectively, in a way that delivers value for money, in accordance with sound risk management practices.
Functions of agency
(1)The functions of the agency are—
(a)to buy and sell land on behalf of the Territory; and
(b)to ensure a mixture of public and private housing in new suburbs; and
(c)to increase the supply of affordable and community housing; and
(d)to meet housing targets determined under section 65 (Affordable, community and public housing targets); and
(e)to carry out the development of land in a manner that is environmentally sustainable; and
(f)to exercise functions in a way that supports statutory greenhouse gas emissions targets and delivers environmentally sustainable development; and
(g)to follow and support whole-of-government strategies; and
(h)any other function given to the agency under this Act or another territory law.
Note 1A territory authority must not do any act, or approve the doing of an act, that is inconsistent with the territory plan (see Planning Act 2023, s 52).
Note 2A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
(2)The agency may exercise a function mentioned in subsection (1) (a), (b), (c) or (e) only—
(a)in a way that is consistent with the statement of intent for the agency prepared under the Financial Management Act 1996, section 61; and
(b)with the Minister’s approval.
(3)With the approval of the Minister and the Treasurer, the agency may exercise its functions—
(a)through subsidiaries, joint ventures or trusts; or
(b)by holding shares in, or other securities of, corporations.
Agency’s role in cohesive suburban development
The agency must work with any entity that has an interest in land that the agency intends to buy, sell, improve or develop to encourage cohesive suburban development.
Examples—entities that may have an interest in the development of suburban land
· the head of service
· a person licensed to provide a utility service
· a person developing land
Ministerial directions to agency
(1)The Minister may, at any time, give directions to the agency—
(a)about the exercise of the agency’s functions; or
(b)requiring the agency to exercise a function in relation to the financial arrangements of the agency.
(2)Before giving a direction, the Minister must—
(a)tell the agency about the proposed direction; and
(b)give the agency a reasonable opportunity to comment on the proposed direction; and
(c)consider any comments made by the agency.
(3)A direction is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Territory to compensate agency for cost of complying with directions
(1)The Territory must pay to the agency the reasonable net cost of complying with a direction under section 41.
(2)The amount payable under subsection (1) is the amount agreed between the agency and the Minister or, failing agreement, the amount decided by the Chief Minister.
Annual report of agency
The agency must prepare an annual report under the Annual Reports (Government Agencies) Act 2004.
44ADelegation by agency
(1)The agency may delegate the agency’s functions to the agency CEO.
NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
(2)The agency CEO may subdelegate to an authorised person a function delegated under subsection (1) if the subdelegation is authorised, in writing, by the agency.
(3)In this section:
authorised person means—
(a)a public employee; or
(b)a person prescribed by regulation.
Division 3.2 Agency board
Establishment of governing board for agency
The governing board of the agency is established.
Note 1An appointment of a governing board member is an appointment under this section (see Financial Management Act 1996, s 78 (7) (b)).
Note 2For agency board meeting arrangements see the Financial Management Act 1996, div 9.4.
Functions of agency board
The functions of the agency board are—
(a)to oversee the operations of, and exercise of functions by, the agency; and
(b)any other function given to the agency board under this Act or another territory law.
NoteThe agency board has the following functions under the Financial Management Act 1996, s 77:
· setting the agency’s policies and strategies
· governing the agency consistently with the agency’s establishing Act and other relevant legislation
· ensuring, as far as practicable, that the agency operates in a proper, effective and efficient way
· ensuring, as far as practicable, that the agency complies with applicable governmental policies (if any).
Agency board members duty of good conduct
An agency board member has a duty to the Minister when acting as a board member—
(a)to act in good faith; and
(b)not to pursue personal interests at the expense of the agency’s interests; and
(c)not to use board membership to gain personal advantage; and
(d)not to cause detriment to the agency or undermine the reputation of the agency.
NoteThe duty set out in this section supplements the requirements under the Financial Management Act 1996, pt 8 (Financial provisions for territory authorities) and pt 9 (Governance of territory authorities) and the requirements under the Public Sector Management Act 1994, div 2.1 (Public sector standards).
Agency board member appointments
(1)The agency board has the following part-time members:
(a)a chair;
(b)a deputy chair;
(c)at least 3, but not more than 5, expert members.
NoteThe chair and other members of the agency board are appointed by the Minister (see the Financial Management Act 1996, s 78 and s 79).
(2)An expert member must have knowledge of or experience in at least 1 of the following disciplines and areas of expertise:
(a)urban design and planning;
(b)social inclusion and community building;
(c)civil engineering and civil works;
(d)real estate sales;
(e)property development;
(f)law, public administration and governance;
(g)affordable housing, community housing and public housing;
(h)environmentally sustainable development.
(3)The Minister must, as far as practicable, ensure that each discipline and area of expertise mentioned in subsection (2) is represented among the appointed members.
(4)A member must not be a public servant.
Delegation by agency board
(1)The agency board may delegate the agency board’s functions to the agency CEO.
NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
(2)The agency CEO may subdelegate to an authorised person a function delegated under subsection (1) if the subdelegation is authorised, in writing, by the agency board.
(3)In this section:
authorised person means—
(a)a public employee; or
(b)a person prescribed by regulation.
Division 3.3 Agency committees
Establishment of agency committees
(1)The agency board must establish an audit and risk committee.
(2)The agency board may establish other committees to help the agency to exercise its functions.
(3)Without limiting subsection (2), committees may be established in relation to the following:
(a)corporate governance;
(b)design review;
(c)community engagement.
(4)The agency board must establish any committee prescribed by regulation.
(5)A regulation may prescribe—
(a)matters on which a committee can provide advice; and
(b)functions of the agency that may only be exercised after considering the advice of a committee.
Exercise of committee functions
(1)The agency board may decide—
(a)how a committee is to exercise its functions; and
(b)the procedure to be followed for meetings of a committee, including—
(i)calling meetings; and
(ii)the number of committee members to be present at meetings (including requirements that particular members be present); and
(iii)the committee member who is to preside at meetings; and
(iv)how questions arising at a meeting are to be decided; and
(v)keeping minutes of meetings.
(2)Subject to any decision of the agency board under subsection (1), a committee may decide its own procedures.
Membership of committees
(1)A committee consists of the people appointed by the agency board.
NoteFor the making of appointments (including acting appointments), see the Legislation Act, div 19.3.
(2)A committee may consist entirely or partly of agency board members.
Division 3.4 Agency financial matters
NoteThe agency must not give a guarantee without the Treasurer’s written approval (see Financial Management Act 1996, s 60).
Proceeds of sales of land by agency
Consideration received by the agency for the sale of land is income of the agency.
Agency payment of funds to Territory
(1)The Treasurer may direct the agency to pay to the Territory—
(a)the amount stated in the direction; or
(b)an amount calculated in the way stated in the direction.
(2)The Treasurer may also direct the agency—
(a)how to make the payment; and
(b)when to make the payment; and
(c)about the conditions relating to payment.
(3)In giving a direction under subsection (1), the Treasurer must have regard to—
(a)the agency’s assets and liabilities; and
(b)the agency’s income and expenditure; and
(c)the agency’s ability to exercise its functions; and
(d)the requirement that the Territory obtain a reasonable return from the development and disposal of land.
(4)A direction under this section is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Agency liability for territory taxes
This Act does not exempt the agency from liability for a tax under any other territory law.
Division 3.5 Agency CEO, staff and consultants
Appointment of agency CEO
(1)The Financial Management Act 1996, section 80 does not apply to the agency.
(2)The agency CEO is appointed by the chair of the agency board.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
(3)The agency CEO must be a public servant.
(4)The chair of the agency board is a public sector employer in relation to the agency CEO for the Public Sector Management Act 1994, section 152 (Certain office-holders have management powers).
(5)The agency CEO is not an agency board member.
Functions of agency CEO
(1)The functions of the agency CEO are—
(a)to manage the day-to-day operations of the agency including the following:
(i)ensuring the agency complies with the agency board’s decisions;
(ii)managing the finances of the agency;
(iii)developing, for approval by the agency board—
(A)corporate strategies, including strategies for engaging with and managing corporate risks; and
(B)operational strategies, including strategies for engaging with and managing operational risks;
(iv)reporting to the agency board on the implementation of a strategy approved under subparagraph (iii);
(v)providing information and advice to the agency board on matters relating to the agency; and
(b)any function given to the agency CEO—
(i)by the agency board; or
(ii)under this Act or another territory law.
(2)The Financial Management Act 1996, section 84 (CEO’s functions) applies to the agency CEO, despite the agency CEO not being a member of the agency board.
(3)The agency board may, at any time, give written directions to the agency CEO about the exercise of the agency CEO’s functions.
Agency CEO duty of good conduct
(1)In exercising the functions of the agency CEO, the agency CEO must exercise the degree of honesty, care and diligence required to be exercised by a director of a corporation in relation to the affairs of the corporation.
(2)The agency CEO also has a duty to the agency board—
(a)to act in good faith; and
(b)not to pursue personal interests at the expense of the agency’s interests; and
(c)not to use the office to gain personal advantage; and
(d)not to cause detriment to the agency or undermine the reputation of the agency.
NoteAs a public servant, conduct requirements under the Public Sector Management Act 1994 apply to the agency CEO.
Delegation by agency CEO
(1)The agency CEO may delegate the agency CEO’s functions to an authorised person.
NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
(2)A delegate may subdelegate to an authorised person a function delegated under subsection (1) if the subdelegation is authorised in writing by the agency CEO.
(3)In this section:
authorised person means—
(a)a public employee; or
(b)a person prescribed by regulation.
Agency’s staff
(1)The agency CEO may employ staff on behalf of the Territory.
(2)The agency’s staff must be employed under the Public Sector Management Act 1994.
NoteThe Public Sector Management Act 1994, div 8.2 applies to the agency in relation to the employment of staff (see Public Sector Management Act 1994, s 152).
Agency arrangements for staff and facilities
The agency CEO may arrange with the head of service to use the services of a public servant or Territory facilities.
NoteThe head of service may delegate powers in relation to the management of public servants to a public servant or another person (see Public Sector Management Act 1994, s 18).
Agency contractors and consultants
(1)The agency CEO may engage consultants and contractors.
(2)However, the agency CEO must not enter into a contract of employment under this section.
Part 4Miscellaneous
Treasurer must make directions for land acquisition
(1)The Treasurer must make directions relating to the acquisition of land by the authority or agency.
(2)Without limiting subsection (1), a direction may be made in relation to the following:
(a)approval needed by the authority or agency to acquire land;
(b)requirements for acquiring land of a particular value.
(3)A direction is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Sharing of protected information
(1)This section applies despite any other territory law.
(2)The following people may, in writing, ask an information holder for protected information:
(a)if the protected information is required by another information holder for the exercise of a function under this Act or another territory law—the other information holder;
(b)the Minister.
(3)An information holder who receives a request for protected information—
(a)must give the protected information to the person who requests it; and
(b)if the information is requested by another information holder—may impose conditions on how the other information holder uses or stores the information.
(4)In this section:
information means information, whether true or not, in any form and includes an opinion and advice.
information holder means—
(a)the chair of the authority board; or
(b)the authority CEO; or
(c)the chair of the agency board; or
(d)the agency CEO; or
(e)the chief planner; or
(f)the head of service; or
(g)a director-general.
protected information means information that is disclosed to, or obtained by, an information holder because of the exercise of a function under this Act by the information holder or someone else.
Affordable, community and public housing targets
(1)This section applies to the following kinds of developments:
(a)the building of dwellings on land leased by the Territory, or unleased territory land, in an urban renewal precinct;
(b)the building of dwellings on land leased by the Territory, or unleased territory land, in connection with urban renewal other than in an urban renewal precinct;
(c)the building of dwellings in a new suburb.
(2)The Minister must determine housing targets (a housing target determination) for a development for the minimum number of dwellings in the development for each of the following kinds of housing:
(a)affordable housing;
(b)community housing;
(c)public housing.
(3)The housing target determination for a development must state the maximum number of dwellings anticipated to be built in the development.
(4)A housing target for a development—
(a)applies when the target is first determined; and
(b)if a lease is granted to a person over land leased by the Territory, or unleased territory land, that is part of a development mentioned in subsection (1) (a) or (b) after the target in relation to the land is determined—applies when the lease is granted; and
(c)continues to apply until the completion of all dwellings in the development that meet the housing target.
Example—par (b)
The Minister determines a housing target for a development involving the building of dwellings on unleased territory land in an urban renewal precinct. If a lease over the land is granted to someone after the determination is made, the housing target for the development applies when the lease is granted.
(5)A housing target determination may refer to a development mentioned in subsection (1)—
(a)by referring to land identifiers; or
(b)by referring to a name by which the development is known; or
(c)in any other way the Minister considers appropriate.
(6)Before determining a housing target, the Minister must seek the views of the housing commissioner in relation to the proposed housing target.
(7)A housing target determination is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Regulation-making power
(1)The Executive may make regulations for this Act.
NoteA regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(2)A regulation may create offences and fix maximum penalties of not more than 20 penalty units for the offences.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
Dictionary
(see s 3)
Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
· chief planner
· entity
· housing commissioner
· Minister (see s 162)
· national capital authority
· national capital plan
· notifiable instrument (see s 10)
· public employee
· public sector member
· public service
· territory authority
· territory land
· territory plan
· the Territory
· working day.
agency means the Suburban Land Agency established under section 37.
agency board means the suburban land agency governing board established under section 45.
agency CEO means the chief executive officer of the agency appointed under section 56.
authorised person, for subdivision 2.9.2 (Revitalisation of Melbourne and Sydney Buildings)—see section 36G (1).
authority means the City Renewal Authority established under section 7.
authority board means the city renewal authority governing board established under section 15.
authority CEO means the chief executive officer of the authority appointed under section 28.
draft revitalisation plan, for the Melbourne Building or Sydney Building, for subdivision 2.9.2 (Revitalisation of Melbourne and Sydney Buildings)—see section 36B (1).
land includes land in New South Wales.
land improvements—
(a)means activities carried out in relation to land to improve the quality, amenity or value of the land; and
(b)includes the following:
(i)remediation of land;
(ii)carrying out works on land;
(iii)preparing land for development;
(iv)maintaining land.
leased public area, of the Melbourne Building or Sydney Building, for division 2.9 (Melbourne and Sydney Buildings)—see section 36A.
Melbourne Building, for division 2.9 (Melbourne and Sydney Buildings)—see section 36A.
owner, of the Melbourne Building or Sydney Building, for division 2.9 (Melbourne and Sydney Buildings)—see section 36A.
revitalisation work, for the Melbourne Building or Sydney Building, for subdivision 2.9.2 (Revitalisation of Melbourne and Sydney Buildings)—see section 36E (3) (d).
statement of expectations, for part 2 (City renewal authority)—see section 17 (1).
statement of operational intent, for part 2 (City renewal authority)—see section 18 (1).
statutory greenhouse gas emissions targets means—
(a)the ACT greenhouse gas emissions target under the Climate Change and Greenhouse Gas Reduction Act 2010, section 6; and
(b)the interim greenhouse gas emissions target under the Climate Change and Greenhouse Gas Reduction Act 2010, section 7.
Sydney Building, for division 2.9 (Melbourne and Sydney Buildings)—see section 36A.
urban renewal—
(a)means supporting, promoting, encouraging, facilitating or delivering the following:
(i)development for residential purposes;
(ii)development for commercial purposes;
(iii)development of industrial infrastructure;
(iv)development of capital works;
(v)development of public infrastructure;
(vi)land improvements; and
(b)includes—
(i)carrying out work on public land; and
(ii)carrying out work on the Melbourne Building or Sydney Building under section 36K (Work may be carried out with consent); and
(iii)reviewing and giving advice about work and development proposed to be carried out on private land; and
(c)does not include carrying out work on private land, other than work carried out under section 36K.
urban renewal precinct means an area of land declared under section 35.
utility service—see the Utilities Act 2000, dictionary.
whole-of-government strategy—see the Public Sector Management Act 1994, dictionary.
Endnotes
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 are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
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.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
City Renewal Authority and Suburban Land Agency Act 2017
A2017-12
notified LR 18 May 2017
s 1, s 2 commenced 18 May 2017 (LA s 75 (1))
s 202 commenced 30 June 2017 (LA s 75AA)
sch 1 pt 1.2 commenced 30 June 2017 (s 2 and CN2017‑3)
remainder commenced 1 July 2017 (s 2 and CN2017‑3)as modified by
City Renewal Authority and Suburban Land Agency (Transitional Provisions) Regulation 2017 SL2017-18 s 3
notified LR 29 June 2017
s 1, s 2 commenced 29 June 2017 (LA s 75 (1))
s 3 commenced 1 July 2017 (s 2 and see A2017-12, s 2 and CN2017‑3)as amended by
Statute Law Amendment Act 2017 (No 2) A2017-28 sch 1 pt 1.2, sch 3 pt 3.3
notified LR 27 September 2017
s 1, s 2 commenced 27 September 2017 (LA s 75 (1))
sch 1 pt 1.2, sch 3 pt 3.3 commenced 11 October 2017 (s 2)Planning, Building and Environment Legislation Amendment Act 2018 A2018-18 pt 2
notified LR 16 May 2018
s 1, s 2 commenced 16 May 2018 (LA s 75 (1))
pt 2 commenced 17 May 2018 (s 2)Government Agencies (Land Acquisition Reporting) Act 2018
A2018-44 pt 6
notified LR 12 November 2018
s 1, s 2 commenced 12 November 2018 (LA s 75 (1))
pt 6 commenced 1 January 2019 (s 2 (1))City Renewal Authority and Suburban Land Agency Amendment Act 2018 A2018-51
notified LR 6 December 2018
s 1, s 2 commenced 6 December 2018 (LA s 75 (1))
remainder commenced 7 December 2018 (s 2)Planning and Environment Legislation Amendment Act 2020 A2020‑22 pt 3
notified LR 10 June 2020
s 1, s 2 commenced 10 June 2020 (LA s 75 (1))
pt 3 commenced 11 June 2020 (s 2)City Renewal Authority and Suburban Land Agency Amendment Act 2020 A2020-45
notified LR 3 September 2020
s 1, s 2 commenced 3 September 2020 (LA s 75 (1))
remainder commenced 3 March 2021 (s 2 and LA s 79)City Renewal Authority and Suburban Land Agency Amendment Act 2021 A2021-26
notified LR 17 November 2021
s 1, s 2 commenced 17 November 2021 (LA s 75 (1))
remainder commenced 25 November 2021 (s 2 and CN2021‑7)Planning and Environment Legislation Amendment Act 2023 A2023‑20 pt 2
notified LR 21 June 2023
s 1, s 2 commenced 21 June 2023 (LA s 75 (1))
pt 2 commenced 22 June 2023 (s 2 (1))Planning (Consequential Amendments) Act 2023 A2023-36 sch 1 pt 1.7
notified LR 29 September 2023
s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
sch 1 pt 1.7 commenced 27 November 2023 (s 2 (1) and see Planning Act 2023 A2023-18, s 2 (2) and CN2023-10)Urban Forest (Consequential Amendments) Act 2023 A2023-52 sch 1 pt 1.2
notified LR 11 December 2023
s 1, s 2 commenced 11 December 2023 (LA s 75 (1))sch 1 pt 1.2 commenced 1 January 2024 (s 2 and see Urban Forest Act 2023 A2023-14, s 2)
Amendment history
Commencement
s 2om LA s 89 (4)
Definitions—pt 2
s 6def urban renewal precinct om A2023-20 s 4
Functions of authority
s 9am A2023-36 amdt 1.58
Land acquisition report of authority
s 13om A2018-44 s 15
Delegation by authority
s 14Ains A2018‑18 s 4
Establishment of governing board for authority
s 15am A2018‑18 s 5
Establishment of authority committees
s 22am A2017‑28 amdts 3.6-3.8
Authority payment of funds to Territory
s 26am A2017‑28 amdt 3.9
Appointment of authority CEO
s 28am A2020‑22 s 6; ss renum R8 LA
Urban renewal precinct may be declared
s 35am A2021‑26 s 4
Criteria for land being included in urban renewal precinct
s 36am A2023-36 amdts 1.59-1.61
Melbourne and Sydney Buildings
div 2.9 hdgins A2020‑45 s 4
sub A2023-20 s 5
Definitions—div 2.9
sdiv 2.9.1 hdg ins A2023-20 s 5
Definitions—div 2.9
s 36Ains A2020‑45 s 4
def authorised person ins A2020‑45 s 4
om A2023-20 s 6
def draft revitalisation plan ins A2020‑45 s 4
om A2023-20 s 6
def leased public area ins A2020‑45 s 4
def Melbourne Building ins A2020‑45 s 4
def owner ins A2020‑45 s 4
def revitalisation work ins A2020‑45 s 4
om A2023-20 s 6
def Sydney Building ins A2020‑45 s 4
Revitalisation of Melbourne and Sydney Buildings
sdiv 2.9.2 hdg ins A2023-20 s 7
Draft revitalisation plan—preparation
s 36Bins A2020‑45 s 4
am A2023-52 amdt 1.4; pars renum R13 LA
Draft revitalisation plan—public consultation
s 36Cins A2020‑45 s 4
Draft revitalisation plan—approval
s 36Dins A2020‑45 s 4
Direction to carry out revitalisation work
s 36Eins A2020‑45 s 4
ACAT review of direction
s 36Fins A2020‑45 s 4
Authorisation to carry out revitalisation work
s 36Gins A2020‑45 s 4
Revitalisation work by authorised people
s 36Hins A2020‑45 s 4
Liability for cost of revitalisation work
s 36Iins A2020‑45 s 4
Protection of authorised people from liability
s 36Jins A2020‑45 s 4
Other work on Melbourne and Sydney Buildings
sdiv 2.9.3 hdg ins A2023-20 s 8
Work may be carried out with consent
s 36Kins A2023-20 s 8
Functions of agency
s 39am A2021‑26 s 5; A2023-36 amdt 1.62
Land acquisition report of agency
s 43om A2018-44 s 15
Delegation by agency
s 44Ains A2018‑18 s 6
Establishment of governing board for agency
s 45am A2018‑18 s 7
Establishment of agency committees
s 50am A2017‑28 amdt 3.10
Proceeds of sales of land by agency
s 53sub A2021‑26 s 6
Agency payment of funds to Territory
s 54am A2017‑28 amdt 3.11
Appointment of agency CEO
s 56am A2020‑22 s 7; ss renum R8 LA
Treasurer must make directions for land acquisition
s 63 hdgam A2017‑28 amdt 1.2
s 63am A2017‑28 amdt 1.2
reloc to pt 4 A2017‑28 amdt 1.3
Sharing of protected information
s 64am A2023-36 amdt 1.63
Affordable, community and public housing targets
s 65sub A2018‑18 s 8
am A2021‑26 s 7, s 8
Transitional
pt 10 hdgexp 1 July 2018 (s 201)
Transitional regulation
s 200exp 1 July 2018 (s 201)
Modification—Planning and Development Act 2007
s 200Ains as mod SL2017‑18 s 3
exp 1 July 2018 (s 200A (2))
Expiry—pt 10
s 201exp 1 July 2018 (s 201)
Consequential amendments
pt 11 hdgom LA s 89 (3)
Legislation amended—sch 1
s 202om LA s 89 (3)
Transitional—City Renewal Authority and Suburban Land Agency Amendment Act 2018
pt 12 hdgins A2018‑51 s 4
exp 7 December 2018 (s 217)
Definitions—pt 12
s 210ins A2018‑51 s 4
exp 7 December 2018 (s 217)
def city renewal precinct ins A2018‑51 s 4
exp 7 December 2018 (s 217)
def connected to the city precinct ins A2018‑51 s 4
exp 7 December 2018 (s 217)
def land development agency ins A2018‑51 s 4
exp 7 December 2018 (s 217)
Transfer of assets—authority
s 211ins A2018‑51 s 4
exp 7 December 2018 (s 217)
Transfer of contractual rights and liabilities—authority
s 212ins A2018‑51 s 4
exp 7 December 2018 (s 217)
Transfer of liabilities—authority
s 213ins A2018‑51 s 4
exp 7 December 2018 (s 217)
Transfer of assets—agency
s 214ins A2018‑51 s 4
exp 7 December 2018 (s 217)
Transfer of contractual rights and liabilities—agency
s 215ins A2018‑51 s 4
exp 7 December 2018 (s 217)
Transfer of liabilities—agency
s 216ins A2018‑51 s 4
exp 7 December 2018 (s 217)
Expiry—pt 12
s 217ins A2018‑51 s 4
exp 7 December 2018 (s 217)
Consequential amendments
sch 1om LA s 89 (3)
Excluded assets and contracts
sch 2ins A2018‑51 s 5
exp 7 December 2018 (s 217)
Dictionary
dictam A2018‑18 s 9; A2020‑45 s 5; A2023-36 amdt 1.64
def authorised person ins A2020‑45 s 6
sub A2023-20 s 9
def development om A2021‑26 s 9
def draft revitalisation plan ins A2020‑45 s 6
sub A2023-20 s 9
def land ins A2021‑26 s 10
def land improvements am A2021‑26 s 11
def leased public area ins A2020‑45 s 6
sub A2023-20 s 9
def Melbourne Building ins A2020‑45 s 6
sub A2023-20 s 9
def owner ins A2020‑45 s 6
sub A2023-20 s 9
def revitalisation work ins A2020‑45 s 6
sub A2023-20 s 9
def statement of planning intent om A2023-36 amdt 1.65
def Sydney Building ins A2020‑45 s 6
sub A2023-20 s 9
def urban renewal am A2023-20 s 10, s 11; pars renum R11 LA
def urban renewal precinct sub A2023-20 s 12
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 and date Effective Last amendment made by Republication for R1
1 July 20171 July 2017–
10 Oct 2017SL2017‑18 new Act and modifications by SL2017‑18 R2
11 Oct 201711 Oct 2017–
16 May 2018A2017‑28 amendments by A2017‑28 R3
17 May 201817 May 2018–
1 July 2018A2018‑18 amendments by A2018‑18 R4
2 July 20182 July 2018–
6 Dec 2018A2018‑18 expiry of modifications and transitional provisions (pt 10) R5
7 Dec 20187 Dec 2018–
7 Dec 2018A2018-51 amendments by A2018-51 R6
8 Dec 20188 Dec 2018–
31 Dec 2018A2018-51 expiry of transitional provisions (pt 12, sch 2) R7
1 Jan 20191 Jan 2019–
10 June 2020A2018‑51 amendments by A2018-44 R8
11 June 202011 June 2020–
2 Mar 2021A2020‑22 amendments by A2020‑22 R9
3 Mar 20213 Mar 2021–
24 Nov 2021A2020‑45 amendments by A2020‑45 R10
25 Nov 202125 Nov 2021–
21 June 2023A2021‑26 amendments by A2021‑26 R11
22 June 202322 June 2023–
26 Nov 2023A2023‑20 amendments by A2023‑20 R12
27 Nov 202327 Nov 2023–
31 Dec 2023A2023‑36 amendments by A2023‑36
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
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