Gungahlin Drive Extension Authorisation Amendment Act 2004 (ACT)

Gungahlin Drive Extension Authorisation Amendment Act 2004

A2004-37

An Act to amend the Gungahlin Drive Extension Authorisation Act 2004

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Gungahlin Drive Extension Authorisation Amendment Act 2004.

2. Commencement

   This Act commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This Act amends the Gungahlin Drive Extension Authorisation Act 2004.

4. New section 6A

   insert

6ADeclaration that land not reserved land etc

(1)This section applies to land if—

(a)the Minister considers that the land is land where—

(i)the GDE, or part of the GDE, is being, is to be or may be constructed; or

(ii)works that, under section 6, are part of the construction of the GDE or related to the construction of the GDE are being, are to be or may be carried out; and

(b)the land is or may be, apart from this section, reserved land.

(2)The Minister may, in writing, declare that the land is—

(a)not reserved land; or

(b)not reserved land for a stated period.

(3)If the Minister makes a declaration under subsection (2) (a) in relation to land that is reserved land, the land ceases to be reserved land.

(4)If the Minister makes a declaration under subsection (2) (b) in relation to land that is reserved land, the land is taken not to be reserved land for the period stated in the declaration.

(5)If the Minister makes a declaration under subsection (2) in relation to land—

(a)the Minister may, in writing—

(i)state the purposes for which the land may be used, or may be used for a stated period, under the Territory plan; and

(ii)make any variation of the Territory plan that the Minister considers necessary or desirable to be made to give effect to, or as a consequence of, the making of an instrument under subsection (2) or subparagraph (i); and

NoteA single instrument may exercise several powers (see Legislation Act, s 49).

(b)Territory laws apply to the land with the modifications (if any) prescribed under the regulations.

(6)To remove any doubt—

(a)the Minister may make, or refuse to make, an instrument under this section in the Minister’s absolute discretion; and

(b)if the Minister makes a declaration under subsection (2) (a) in relation to land that is a reserved area under the Nature Conservation Act 1980, the land ceases to be a reserved area under that Act; and

(c)if the Minister makes a declaration under subsection (2) (b) in relation to land that is a reserved area under the Nature Conservation Act 1980, the land is taken not to be a reserved area under that Act for the period stated in the declaration; and

(d)an instrument under this section may be made despite any other Territory law.

Examples for par (b)

1     A declaration under subsection (2) may be made despite the Land (Planning and Environment) Act 1991, section 8.

2     A variation under subsection (5) (a) (ii) may be made despite the Land (Planning and Environment) Act 1991, part 2.

3     An instrument under this section may be made despite any provision of the Nature Conservation Act 1980.

NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(7)An instrument under this section is a disallowable instrument.

NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

(8)Land to which an instrument under this section applies may be identified, described or otherwise prescribed in any way the Minister considers sufficient.

Example

Provision may be made by reference to a particular map or plan.

(9)The Legislation Act, section 47 (5) does not apply to an instrument under this section.

(10)In this section:

reserved land—

(a)means an area of public land reserved under the Territory plan for the purpose of a nature reserve or for another purpose prescribed under the regulations; and

(b)includes part of an area mentioned in paragraph (a).

1. Future authorisations relating to the GDE
   Section 9 (4)

   omit

   the relevant law

   substitute

   a relevant law

2. Standing to bring proceeding in relation to authorisations
   New section 10 (8)

   insert

   (8)To remove any doubt, a right under subsection (2) means any right or interest, whether public or private.

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 29 June 2004.

2. Notification

   Notified under the Legislation Act on 1 July 2004.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Gungahlin Drive Extension Authorisation Amendment Bill 2004, which was passed by the Legislative Assembly on 1 July 2004.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2004