Land (Planning and Environment) Amendment Act 2001 (No 4) (ACT)

Land (Planning and Environment) Amendment Act 2001 (No 4)

No 80 of 2001

Contents

Page

1. Name of Act  2

2. Commencement  2

3. Section 184C  2

4. Section 187C  2

5. Application to undertake development
   Section 226 (1)  3

6. Section 226 (1), note 2  3

7. New section 226 (9)  3

8. Conditional approvals
   Section 245 (3) (l)  4

9. New section 245 (3) (m)  4

10. Land (Planning and Environment) Regulations 1992, mentions of may 4

Land (Planning and Environment) Amendment Act 2001 (No 4)

No 80 of 2001

An Act to amend the Land (Planning and Environment) Act 1991, and for another purpose

[Notified in ACT Gazette No. S66: 10 September 2001]

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

1. Name of Act

   This Act is the Land (Planning and Environment) Amendment Act 2001 (No 4).

2. Commencement

3. Sections 1 to 4 commence on the day this Act is notified in the Gazette.

4. Sections 5 to 10 commence immediately after the commencement of the Legislation (Consequential Amendments) Act 2001.

5. Section 184C

   substitute

184CChange of use charge for variations of nominal rent leases

1. On application by the lessee of a nominal rent lease who applies for a variation of the lease, the Minister must remit a change of use charge under section 184A (Variation of nominal rent lease—change of use charge) in circumstances prescribed under the regulations.

2. The Minister must increase a change of use charge under section 184A in circumstances prescribed under the regulations.

3. Section 187C

   substitute

187CChange of use charge for consolidations and subdivisions

1. On application by a lessee who applies for a consolidation or subdivision of a lease or leases, the Minister must remit a change of use charge under section 187A (Consolidation and subdivision—change of use charge) in circumstances prescribed under the regulations.

2. The Minister must increase a change of use charge under section 187A in circumstances prescribed under the regulations.

3. Application to undertake development
   Section 226 (1)

   substitute

4. An application for approval must—

   (a)be signed by the applicant; and

   (b)if the application is for approval of a variation of a lease—be accompanied by an assessment by an accredited valuer that sets out the amounts of the values represented by  and  in—

   (i)for a variation that is not a consolidation or subdivision—section 184A; or

   (ii)for a variation consisting of a consolidation or subdivision—section 187C.

5. Section 226 (1), note 2

   substitute

   Note 2If a form is approved under s 287A (Approved forms) for an application or a declaration, the form must be used.

6. New section 226 (9)

   insert

7. In this section:

   accredited valuer means a person who is—

   (a)registered, licensed or approved under the law of the Commonwealth or a State to carry out valuations of property; or

   (b)accredited as a certified practising valuer by the body known as the Australian Property Institute.

8. Conditional approvals
   Section 245 (3) (l)

   omit

   approval.

   substitute

   approval; or

9. New section 245 (3) (m)

   insert

   (m)that the applicant give to the Minister a further assessment by a valuer that complies with section 226 (1) (b).

10. Land (Planning and Environment) Regulations 1992, mentions of may

    omit

    may

    substitute

    must

    in the following provisions

    Regulation 12B (1)

    Regulation 13 (1)

    Regulation 14 (1)

    Regulation 14A (1)

    Regulation 14C (2)

    Regulation 15B (1)

    Regulation 15D (1)

    Regulation 15E (2)

    Regulation 15F (2).

Endnote

Act amended

1. Republished as in force on 30 May 2000. (Republication No 5). See also Acts 2000 Nos 37, 49 and 80; 2001 No 1.

[Presentation speech made in Assembly on 3 May 2001]

© Australian Capital Territory 2001