Land (Planning and Environment) (Consequential Provisions) (Amendment) Act (No 2) 1993 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Land (Planning and Environment)

(Consequential Provisions) (Amendment)

Act (No. 2) 1993

No. 78 of 1993

An Act to amend the Land (Planning and Environment) (Consequential Provisions) Act 1991

[Notified in ACT Gazette S218: 2 November 1993]

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

Short title

1.  This Act may be cited as the Land (Planning and Environment) (Consequential Provisions) (Amendment) Act (No. 2) 1993.

Commencement

2.  (1)  Section 1 and this section commence on the day on which this Act is notified in the Gazette.

(2)  The remaining provisions commence on a day fixed by the Minister by notice in the Gazette.

(3)  If a provision referred to in subsection (2) has not commenced before the end of the period of 6 months commencing on the day on which this Act is notified in the Gazette, that provision, by force of this subsection, commences on the first day after the end of that period.

Principal Act

3.  In this Act, “Principal Act” means the Land (Planning and Environment) (Consequential Provisions) Act 1991.1

Interpretation

4.  Section 28 of the Principal Act is amended—

(a)by omitting the definition of “Tribunal”; and

(b)by inserting the following definition:

“ ‘Appeals Board’ means the Land and Planning Appeals Board established by section 282B of the Land (Planning and Environment) Act 1991;”.

Review of decisions

5.  Section 33 of the Principal Act is amended by omitting subsections (1), (2) and (3) and substituting the following subsections:

“(1)  A person whose interests are affected by a decision of the Authority to make an order under subsection 29 (1) may apply to the Appeals Board for a review of that decision.

“(2)  Where the Authority makes a decision of the kind referred to in subsection (1), it shall cause notice of the decision to be given to—

(a)the person to whom the order is directed; and

(b)any other person whose interests are, in the opinion of the Authority, adversely affected by the decision.

“(3)  A notice under subsection (2) shall include—

(a)a statement of the reasons of the Authority for making the order; and

(b)a statement to the effect that, subject to Part VIA of the Land (Planning and Environment) Act 1991, an application may be made to the Appeals Board for a review of the decision to make the order.”.

NOTE

1. Reprinted as at 31 August 1993.

[Presentation speech made in Assembly on 12 October 1993]

©Australian Capital Territory 1993