Districts Act 2002 (ACT)

Districts Act 2002   

A2002-39

Republication No 9

Effective:  27 November 2023

Republication date: 27 November 2023

Last amendment made by A2023‑36

About this republication

The republished law

This is a republication of the Districts Act 2002 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 27 November 2023.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 27 November 2023.

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).

Districts Act 2002

Contents

Page

Part 1      Preliminary

1            Name of Act  2

3            Dictionary  2

4            Notes  2

Part 2      Dividing land

5            Districts  3

6            Divisions, sections and blocks  3

7           Deposited plans  4

8            Evidence  5

9            Description of parcel of land for dealings  5

10          Change of district or division names  5

11          Correction etc of instruments  6

12          Inspection of plans  6

Part 3      Street addresses

13          Allocation of street addresses  7

14          Guidelines about allocation of street addresses  7

15          Requirement to display allocated address etc  8

16          Action if requirement not complied with  9

Part 4      Digital cadastral database

17          Digital cadastral database  10

Part 5      Miscellaneous

18          Delegation by Minister  11

19          Regulation-making power  11

Dictionary12

Endnotes

1            About the endnotes  13

2            Abbreviation key  13

3            Legislation history  14

4            Amendment history  16

5            Earlier republications  17

Districts Act 2002

An Act to provide for the division and description of land, and for other purposes

Part 1Preliminary

1. Name of Act

   This Act is the Districts Act 2002.

2. 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 words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act or in other legislation.

   For example, the signpost definition ‘digital cadastral database—see section 17.’ means that the expression ‘digital cadastral database’ is defined in that section.

   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)).

3. 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.

Part 2Dividing land

1. Districts

   (1)The Minister must, by deposited plan, divide the land in the ACT into districts.

   (2)The boundaries of each district are the boundaries shown on the deposited plan by which the district is created.

   (3)The Minister must determine a distinguishing name for each district.

   (4)A determination is a notifiable instrument.

   NoteA notifiable instrument must be notified under the Legislation Act 2001.

2. Divisions, sections and blocks

   (1)The Minister may, by deposited plan, do any of the following:

   (a)divide a district, or part of a district, into divisions or blocks;

   (b)divide a division, or part of a division, into sections;

   (c)divide a section into blocks.

   (2)The boundaries of each division, section or block are the boundaries shown on the deposited plan by which the division, section or block is created.

   NoteThe Minister must determine a distinguishing name for each division—see the Public Place Names Act 1989, s 3 (1) (a).

   (3)The Minister must give each section and block a distinguishing number.

3. Deposited plans

   (1)A deposited plan is a plan prepared by a registered surveyor and registered by the registrar-general under this section.

   (2)The plan must—

   (a)set out the boundaries of, and the distinguishing name or number for, each district, division, section or block to be created by the plan; and

   (b)be lodged with the registrar-general in registrable form.

   NoteA fee may be determined under the Land Titles Act 1925, s 139 for lodging plans with the registrar-general.

   (3)The registrar-general may register the plan only if the surveyor-general has certified that—

   (a)the land divided by the plan is correctly described; and

   (b)the plan complies with this Act.

   (4)For subsection (3) (a), the surveyor-general may certify that land divided by the plan is correctly described only if––

   (a)the boundaries of the land have been established by a registered surveyor––

   (i)by survey; or

   (ii)for land that the plan divides into districts or divisions or that the surveyor-general is satisfied is to be the subject of a holding lease––by reference to information in the digital cadastral database; and

   (b)the plan and the information in the digital cadastral database are not inconsistent with each other.

   (5)If this section is complied with, the registrar-general must register the plan by entering particulars of the plan, including a number for the plan, in the land titles register.

   (6)If the plan amends another deposited plan, the registrar-general must also enter a reference to the amendment on the other deposited plan.

   (7)In this section:

   holding lease means a lease issued to allow for urban development and subdivision.

   registrable form—a plan is in registrable form if—

   (a)it does not require a material correction, alteration or addition; and

   (b)it is in a printed or electronic form that the registrar-general is satisfied is suitable for registration; and

   (c)it is otherwise in accordance with this Act.

4. Evidence

   A deposited plan is evidence of the measurements and boundaries of the areas of land shown on it unless the contrary is proved.

5. Description of parcel of land for dealings

   The description of a parcel of land by reference to the name or number of the district, division, section or block by which the parcel of land is described in the deposited plan on which the parcel of land is shown is sufficient description of the parcel of land for dealings with the parcel of land.

6. Change of district or division names

   (1)This section applies if—

   (a)a name (the earlier name) has been determined for a district or division as mentioned in section 5 (Districts) or section 6 (Divisions, sections and blocks); and

   (b)another name (the later name) is later determined for the district or division.

   (2)A reference in a deposited plan or any other instrument to the earlier name is, from the time the later determination has effect, taken to be a reference to the later name.

7. Correction etc of instruments

   (1)If an instrument relating to a parcel of land shown in a deposited plan is presented to the registrar-general, the registrar-general must make the entries, cancellations and corrections (if any) to the instrument the registrar-general considers necessary so that the parcel of land is described by reference to the name or number of the district, division, section or block by which it is described in the deposited plan.

   (2)In this section:

   instrument means the original of an instrument in the land titles register.

8. Inspection of plans

   (1)The registrar-general must make plans lodged under this Act available for inspection at the registrar-general’s office.

   (2)The registrar-general may also make plans available for inspection in other ways (for example, by emailing copies to people on request).

   (3)Plans may be made available for inspection in printed or electronic form.

   NoteA fee may be determined under the Land Titles Act 1925, s 139 for inspection of plans.

Part 3Street addresses

1. Allocation of street addresses

   (1)The Minister may allocate a street address to a block or unit.

   (2)The allocation must be in accordance with the guidelines (if any) made by the Minister under section 14.

   (3)If the Minister allocates a street address to a block or unit, the Minister must—

   (a)record details of the street address in—

   (i)a register kept for this section by the Minister; and

   (ii)the digital cadastral database; and

   (b)make details of the street address publicly available (for example, through ACT government shopfronts and public libraries).

2. Guidelines about allocation of street addresses

   (1)The Minister may make guidelines about the allocation of street addresses to blocks and units.

   (2)The guidelines may make provision about a matter by applying, adopting or incorporating an Australian Standard, or a provision of an Australian Standard, as in force from time to time.

   Note 1The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act 2001, s 47 (5) or (6) is not disapplied (see s 47 (7)).

   Note 2A notifiable instrument must be notified under the Legislation Act 2001.

   (3)The guidelines are a notifiable instrument.

   NoteA notifiable instrument must be notified under the Legislation Act 2001.

3. Requirement to display allocated address etc

   (1)This section applies if—

   (a)details of the allocated address for a block or unit have been recorded and made available under section 13; and

   (b)either—

   (i)the allocated address is not displayed at the frontage of the block or unit; or

   (ii)a street address other than the allocated address is displayed at the frontage of the block or unit; and

   (c)the owner of the block or unit has been given written notice of the allocated address.

   (2)The Minister may, in writing, require the owner of the block or unit—

   (a)to display the allocated address at the frontage of the block or unit; or

   (b)if a street address other than the allocated address is displayed at the frontage of the block or unit—

   (i)to remove the street address; and

   (ii)to display the allocated address at the frontage of the block or unit.

   NoteFor how documents may be served, see Legislation Act 2001, pt 19.5.

   (3)The requirement must state the time within which the action must be taken.

   (4)The time stated must not be less than 21 days after the day the requirement is made.

4. Action if requirement not complied with

   (1)This section applies if the owner of a block or unit does not comply with a requirement under section 15 in relation to the block or unit.

   (2)The Minister may arrange for the taking of reasonable action to ensure—

   (a)the allocated address is displayed at the frontage of the block or unit; or

   (b)the street address other than the allocated address is removed from, and the allocated address displayed at, the frontage of the block or unit.

   (3)The reasonable cost of work carried out under this section is a debt owing to the Territory by the owner of the block or unit.

Part 4Digital cadastral database

1. Digital cadastral database

   (1)The territory planning authority must keep an electronic database of information about land in the ACT (the digital cadastral database).

   (2)The digital cadastral database must include the following information:

   (a)the boundaries of, and the distinguishing name or number for, each district, division, section and block created under section 5 (Districts) or section 6 (Divisions, sections and blocks of districts);

   (b)each allocated address.

   (3)The digital cadastral database may include any other information the territory planning authority considers appropriate.

Part 5Miscellaneous

1. Delegation by Minister

   (1)The Minister must not delegate the Minister’s functions under this Act to someone other than the surveyor-general.

   NoteFor the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4.

   (2)Subsection (1) has effect despite the Legislation Act 2001, section 254A (Delegation by Minister).

2. Regulation-making power

   The Executive may make regulations for this Act.

   NoteRegulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

Dictionary

(see s 3)

Note 1The Legislation Act 2001 contains definitions and other provisions relevant to this Act.

Note 2In particular, the following terms that are defined in the Legislation Act 2001, dict, pt 1, are particularly relevant to this Act:

·function

·registered surveyor

·registrar-general

·surveyor-general

·territory planning authority.

allocated address, for a block or unit, means the street address allocated to the block or unit under section 13.

block means a block under section 6.

deposited plan—see section 7.

digital cadastral database—see section 17.

district means a district under section 5.

division, in relation to land, means a division under section 6.

section, in relation to land, means a section under section 6.

unit—see the Unit Titles Act 2001, section 9.

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 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.

2. 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

1. Legislation history

   Districts Act 2002 A2002‑39

   notified LR 10 October 2002
   s 1, s 2 commenced 10 October 2002 (LA s 75 (1))

   remainder commenced 11 October 2002 (s 2)

   as amended by

   Public Place Names Amendment Act 2002 A2002-54 s 6

   notified LR 20 December 2002
   s 1, s 2 commenced 20 December 2002 (LA s 75 (1))

   s 6 commenced 21 December 2002 (s 2)

   Surveyors Act 2007 A2007-33 sch 1 pt 1.1

   notified LR 25 October 2007
   s 1, s 2 commenced 25 October 2007 (LA s 75 (1))
   sch 1 pt 1.1 commenced 14 November 2007 (s 2 and CN2007-15)

   Surveyors Amendment Act 2010 A2010-6 sch 1 pt 1.1

   notified LR 2 March 2010
   s 1, s 2 commenced 2 March 2010 (LA s 75 (1))
   sch 1 pt 1.1 commenced 3 March 2010 (s 2)

   Statute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.9

   notified LR 31 August 2011
   s 1, s 2 commenced 31 August 2011 (LA s 75 (1))

   sch 3 pt 3.9 commenced 21 September 2011 (s 2 (1))

   Planning, Building and Environment Legislation Amendment Act 2013 A2013-15 pt 5

   notified LR 21 May 2013
   s 1, s 2 commenced 21 May 2013 (LA s 75 (1))

   pt 5 commenced 22 May 2013 (s 2)

   Land Titles (Electronic Conveyancing) Legislation Amendment Act 2020 A2020-16 sch 1 pt 1.7

   notified LR 13 May 2020
   s 1, s 2 commenced 13 May 2020 (LA s 75 (1))

   sch 1 pt 1.7 commenced 1 June 2020 (s 2 and see Electronic Conveyancing National Law (ACT) Act 2020 A2020-15 s 2)

   Planning (Consequential Amendments) Act 2023 A2023-36 sch 1 pt 1.18

   notified LR 29 September 2023
   s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
   sch 1 pt 1.18 commenced 27 November 2023 (s 2 (1) and see Planning Act 2023 A2023-18, s 2 (2) and CN2023-10)

2. Amendment history

   Commencement

   s 2om LA s 89 (4)

   Districts

   s 5am A2011‑28 amdt 3.56

   Divisions, sections and blocks

   s 6am A2002‑54 s 6; A2013‑15 s 9; ss renum R7 LA

   Deposited plans

   s 7am A2007‑33 amdt 1.1, amdt 1.4; A2010‑6 amdt 1.1; A2020‑16 amdt 1.25

   Correction etc of instruments

   s 11am A2020‑16 amdt 1.26

   Inspection of plans

   s 12am A2011‑28 amdt 3.57

   Allocation of street addresses

   s 13am A2011‑28 amdt 3.57

   Guidelines about allocation of street addresses

   s 14am A2011‑28 amdt 3.58

   Digital cadastral database

   s 17am A2007‑33 amdt 1.2, amdt 1.3; A2023-36 amdt 1.106

   Delegation by Minister

   s 18am A2007‑33 amdt 1.4; A2010‑6 amdt 1.2

   Transitional and consequential provisions

   pt 6 hdgexp 11 October 2003 (s 23)

   Districts and deposited plans under repealed Act

   s 20exp 11 October 2003 (s 23)

   Repeal of Districts Act 1966

   s 21om LA s 89 (3)

   Amended Acts

   s 22om LA s 89 (3)

   Expiry of pt 6

   s 23exp 11 October 2003 (s 23)

   Amendments of other Acts

   sch 1om LA s 89 (3)

   Dictionary

   dictam A2007‑33 amdt 1.4; A2010‑6 amdt 1.3, amdt 1.4; A2023‑36 amdt 1.107

3. 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 11 Oct 2002	11 Oct 2002– 20 Dec 2002	not amended	new Act
R2 21 Dec 2002	21 Dec 2002– 11 Oct 2003	A2002‑54	amendments by A2002‑54
R3 12 Oct 2003	12 Oct 2003– 13 Nov 2007	A2002‑54	commenced expiry
R4 14 Nov 2007	14 Nov 2007– 2 Mar 2010	A2007‑33	amendments by A2007‑33
R5 3 Mar 2010	3 Mar 2010– 20 Sept 2011	A2010‑6	amendments by A2010‑6
R6 21 Sept 2011	21 Sept 2011– 21 May 2013	A2011‑28	amendments by A2011‑28
R7 22 May 2013	22 May 2013– 31 May 2020	A2013‑15	amendments by A2013‑15
R8 1 June 2020	1 June 2020– 26 Nov 2023	A2020‑16	amendments by A2020‑16