Planning Act 2023 (ACT)
Planning Act 2023
A2023-18
Republication No 9
Effective: 13 September 2025
Republication date: 13 September 2025
Last amendment made by A2025‑23
About this republication
The republished law
This is a republication of the Planning Act 2023 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 13 September 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 13 September 2025.
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 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 does not include 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).
Planning Act 2023
Contents
Page
Chapter 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5Offences against Act—application of Criminal Code etc 2
6 Application of Act 3
Chapter 2 Object, principles and important concepts
Part 2.1 Object and key elements
7 Object of Act 4
8 Key elements of Act 6
9 Meaning of ecologically sustainable development 7
Part 2.2 Planning principles
10 Principles of good planning 10
11 Principles of good consultation 15
12 Good consultation guidelines 17
13 Consultation in accordance with Act taken to meet principles of good consultation 17
Part 2.3 Important concepts
14 Meaning of development and exempt development 18
15 Meaning of use 19
Chapter 3 Territory planning authority and chief planner
Part 3.1 Territory planning authority
16 Establishment of authority 20
17 Authority represents the Territory 20
Part 3.2 Functions of territory planning authority
18 Authority functions 21
19 Authority to comply with directions 22
Part 3.3 Operations of territory planning authority
20 Ministerial directions to authority 23
21 Assembly may recommend directions to authority 23
22 Provision of planning services to others—Ministerial approval 24
23 Reports by authority to Minister 24
24 Authority’s role in cohesive urban renewal and suburban land development 24
25 Delegation by authority 25
Part 3.4 Chief planner
26 Appointment of chief planner 26
27 Chief planner’s conditions of appointment 26
28 Chief planner must avoid conflict of interest 27
29 Chief planner must not do inconsistent work etc 27
30 Functions of chief planner 27
31 Suspending chief planner’s appointment 27
32 Ending chief planner’s appointment 29
Part 3.5 Authority staff and consultants
33 Authority’s staff 30
34 Arrangements for staff 30
35 Authority consultants 30
Chapter 4 Strategic and spatial planning
Part 4.1 Strategic and spatial planning—general
36 Planning strategy 31
37 Consideration of planning strategy 32
38 District strategy 33
39 Planning and response report 33
40 Amendment of district strategy 34
41 Review of planning and district strategies 34
42 Statement of planning priorities 35
Part 4.2 Subdivision design applications
43 Subdivision design applications 36
44 Effect of approval of subdivision design application 37
Chapter 5 Territory plan
Part 5.1 Establishment, object, key components and effect
45 Territory plan 38
46 Object of territory plan 38
47 Territory plan to give effect to strategic planning outcomes 38
48 Contents of territory plan 39
49 Format of territory plan and supporting material 39
50 Design guides 40
51 Technical specifications 40
52 Effect of territory plan 40
Part 5.2 Territory plan—major plan amendments
Division 5.2.1 Preliminary
53 Outline of major plan amendment process 41
54 Application—pt 5.2 42
55 Definitions—pt 5.2 42
56 Meaning of interested person—pt 5.2 45
Division 5.2.2 Initiation of major plan amendments
57 Proponent‑initiated amendment—application 45
58 Proponent‑initiated amendment—consideration of application 46
59 Proponent initiated amendment—acceptance of application 47
60 Authority or Minister‑initiated amendments 47
61 Supporting report for draft major plan amendment 48
Division 5.2.3 Consultation
62 Draft major plan amendments—consultation 48
63 Public consultation—notification and availability of draft major plan amendments etc 48
64 Public consultation—notice of interim effect etc 50
65 Public inspection of comments on draft major plan amendments 52
Division 5.2.4 Action after consultation about draft major plan amendments
66 Revision and withdrawal of draft major plan amendments 52
Division 5.2.5 Draft major plan amendments given to Minister
67 Draft major plan amendments to be given to Minister etc 53
68 Public notice of documents given to Minister 54
69 Public availability notice—notice of interim effect etc 55
Division 5.2.6 Consideration of draft major plan amendments by relevant Assembly committee
70 Certain draft major plan amendments given to Minister under s 67—action by Minister 56
71 Consideration of draft major plan amendments by relevant Assembly committee 56
72 Committee decides not to report 57
73 Committee reports on draft major plan amendments 58
74 Committee fails to report promptly on draft major plan amendments 58
Division 5.2.7 Ministerial and Legislative Assembly action on draft major plan amendments
75 Minister’s powers in relation to draft major plan amendments 60
76 Return of draft major plan amendments to authority 62
77 Presentation of major plan amendments to Legislative Assembly 62
78 Assembly may reject major plan amendments completely or partly 63
79 Effect of dissolution etc of Legislative Assembly 63
Division 5.2.8 Commencement and publication of major plan amendments
80 Commencement and publication of major plan amendments 64
81 Rejection of major plan amendments by Legislative Assembly 65
Division 5.2.9 Limitations on challenge to validity of territory plan provisions
82 Limitations on challenge to validity of territory plan provisions 66
Part 5.3 Territory plan—minor plan amendments
83 Definitions—pt 5.3 67
84 What is a minor plan amendment and is consultation needed? 67
85 Making minor plan amendments 69
86 Limited consultation 69
87 Rezoning—boundary changes 70
88 Rezoning—development encroaching on adjoining land 71
89 Minor plan amendments—future urban areas 72
Part 5.4 Review of territory plan
90 Consideration of whether review of territory plan necessary 73
91 Review of territory plan 74
92 Action after consultation about draft review report 75
93 Draft review report to be given to Minister etc 76
Chapter 6 Significant development
Part 6.1 Preliminary
94 Meaning of significant development 77
Part 6.2 Design review panel
95 Establishment of design review panel 78
96 Functions of design review panel 78
97 Members of design review panel 78
98 Rules for design review panel 79
99 Design principles 80
100 When design review panel consultation is required 80
101 Advice of design review panel 80
Part 6.3 Environmental impact assessment
Division 6.3.1 Outline and key concepts
102 Outline of environmental impact assessment 82
103 Outline of EIS process 82
104 Meaning of significant adverse environmental impact 84
Division 6.3.2 EIS requirements
105 When EIS is required 84
106 EIS—declaration by Minister 85
107 Effect of declaration made after development application 86
108 Designated proponents for certain EIS decisions 86
Division 6.3.3 Scope of EIS
109 Application for EIS scoping document 87
110 Contents of scoping document 87
111 Time to provide scoping document 88
Division 6.3.4 Drafting EIS
112 Preparing draft EIS 89
113 Recent studies to support draft EIS 89
Division 6.3.5 Consultation on EIS
114 Public notification of draft EIS 91
115 Representations about draft EIS 91
116 Publication of representations about draft EIS 92
117 Entity consultation on draft EIS 92
Division 6.3.6 Revision of EIS
118 Revision of draft EIS 93
119 Public notification of revised EIS 93
Division 6.3.7 Consideration of EIS
120 Rejection of EIS before consideration 94
121 Authority consideration of EIS 94
122 Chance to address unaddressed matters 95
123 Rejection of EIS after consideration 95
124 Cost recovery 96
125 Giving EIS to Minister 97
126 EIS assessment report 97
127 Notice of no action on EIS 98
Division 6.3.8 Finalisation and expiry of EIS
128 When EIS is finalised 98
129 When public health EIS is finalised 98
130 Publication of finalised EIS 100
131 When EIS expires 100
Division 6.3.9 EIS inquiry panels
132 When to establish inquiry panel 101
133 How to establish inquiry panel 101
134 Time for reporting by inquiry panels 102
135 Inquiry panel findings and report to be independent 102
136 Protection of people on inquiry panels from liability 103
137 Recovery of inquiry panel costs 103
Division 6.3.10 Environmental significance opinions
138 Application for environmental significance opinion 103
139 Environmental significance opinions given by authority 104
140 Deciding environmental significance opinion application 104
141 Costs of environmental significance opinion 106
142 Notice of environmental significance opinion 106
Chapter 7 Development assessment and approvals
Part 7.1 Outline and important concepts
143 Outline—ch 7 108
144 Meaning of decision‑maker—ch 7 108
Part 7.2 Exempt development
Division 7.2.1 Preliminary
145 Meaning of exempt development 110
146 Meaning of authorised use—pt 7.2 111
147 Exempt development—authorised use 111
148 Authorised use that is not exempt 112
149 Effect of s 148 on development approval 113
Division 7.2.2 Exempt development and approvals
150 Exempt development—no need for approval 114
Division 7.2.3 Exemption assessments
151 Application for exemption assessment 115
152 Exemption assessment and notice 115
153 Effect of exemption assessment D notice 116
Part 7.3 Prohibited development
Division 7.3.1 Applications for prohibited development—general
154 Meaning of prohibited development 117
155 Development applications prohibited except in stated circumstances 117
156 Applications for development approval in relation to use for otherwise prohibited development 118
157 Applications in anticipation of major plan amendment 119
158 Declaration for development encroaching on adjoining land if development prohibited 120
159 Applications for development encroaching on adjoining land if development prohibited 122
Division 7.3.2 Prohibited waste facility development applications
160 Object—div 7.3.2 123
161 Certain development applications for waste facilities prohibited 123
162 Compensation—safety net 124
Part 7.4 Development in designated areas
163 Development proposal for lease variation in designated area 126
Part 7.5 Assessable development
Division 7.5.1 Pre-application matters
164 Consideration of development proposals 127
165 Advice on development proposals 127
Division 7.5.2 Making a development application
166 Application for development approval 128
167 Development applications—authority may request more information 130
168 Amendment of development application 131
169 Correction of development application 132
Division 7.5.3 Referral of development applications
170 When authority must refer development application 133
171 Further entity referral—more information or amended application 134
172 Entity advice on development applications 135
173 Effect of approvals or advice in development applications 136
Division 7.5.4 Public notification of development applications
174 Definitions—div 7.5.4 138
175 Authority must publicly notify development applications 138
176 Notice of development applications—adjoining land 139
177 Notice of development applications—lease variations 140
178 Further public notification—changed application 140
179 Further public notification—significant development 142
Division 7.5.5 Representations about development applications
180 Making representations about development applications 143
Division 7.5.6 Notice of development applications to registrar‑general
181 Notice of development applications 144
Division 7.5.7 Pre-decision advice
182 Authority may give advice 145
Division 7.5.8 Development applications—termination
183 Withdrawal of development applications 145
184 Refusal, rejection or withdrawal of concurrent documents 146
Part 7.6 Development approval
Division 7.6.1 Deciding development applications
185 Deciding development applications 147
186 Considerations when deciding development applications 148
187 Conditional approvals 149
188 Essential design elements 153
189 Restrictions on development approval 153
190 Development approval contrary to entity advice 156
191 Referral of matter protected by the Commonwealth 157
192 Time to decide development applications 158
193 Development applications not decided within time 160
194 Lease to be varied to give effect to development approval 161
195 Refusal does not affect existing use 161
Division 7.6.2 Notice of decisions on development applications
196 Notice of decision 162
Division 7.6.3 Reconsideration of decisions on development applications
197 Definitions—div 7.6.3 164
198 Applications for reconsideration 164
199 Reconsideration 165
200 Effect of ACAT application on reconsideration 167
201 Notice of decisions on reconsideration 167
202 No action by authority within time 167
Division 7.6.4 Correction and amendment of development approvals
203 Correcting development approvals 168
204 Revocation of development approvals 168
205 Applications to amend development approvals 168
206 Deciding applications to amend development approvals 170
207 Exception to s 206 (1) (b)—referral requirements 171
208 Exception to s 206 (1) (b)—waiver of notification requirement 172
209 When development approvals do not require amendment 172
Division 7.6.5 Effect and duration of development approvals
210 When development approvals take effect 173
211 End of development approvals generally 178
212 End of development approvals for lease variations 179
213 End of development approvals for use 181
214 Development approval continues unless ended 182
Part 7.7 Development applications for development undertaken without approval
215 Development applications for development undertaken without approval 183
Chapter 8 Territory priority projects
216 Meaning of territory priority project 184
217 Meaning of related to light rail 184
218 Declaration of territory priority projects 185
219 Presentation of declaration to Legislative Assembly 186
220 Time limits on proceedings—territory priority projects 187
Chapter 9 Offsets
Part 9.1 Important concepts
221 Meaning of protected matter 188
222 Meaning of matter protected by the Commonwealth 188
223 Meaning of offset 189
224 Meaning of offsets policy 189
Part 9.2 Offsets policy
Division 9.2.1 Preliminary
225 Meaning of Minister—pt 9.2 191
Division 9.2.2 Initial offsets policy
226 Initial offsets policy 191
Division 9.2.3 Revised offsets policy
227 Offsets policy—monitoring and review 191
228 Draft revised offsets policy—Minister to prepare 192
229 Draft revised offsets policy—public consultation 192
230 Draft revised offsets policy—revision 193
231 Draft revised offsets policy—final version and notification 193
232 Offsets policy—minor amendments 193
Division 9.2.4 Offsets policy—implementation and guidelines
233 Offsets policy—authority to implement 194
234 Offsets policy—guidelines 194
235 Draft offsets policy guidelines 195
236 Draft offsets policy guidelines—public consultation 195
237 Draft offsets policy guidelines—revision 196
238 Offsets policy guidelines—monitoring and review 196
Part 9.3 Offsets policy—other provisions
239 Offsets—consistency with offsets policy 197
240 Offsets—calculating value 197
241 Offsets—form 197
242 Offsets register 197
Part 9.4 Offset conditions
243 Meaning of decision‑maker—pt 9.4 199
244 Meaning of offset condition 199
245 Meaning of offset management plan 200
246 Meaning of offset manager 201
247 Draft offset management plan—proponent to prepare 201
248 Draft offset management plan—submission to decision‑maker 202
249 Draft offset management plan—decision‑maker’s direction to revise etc 203
250 Offset management plan—unleased land or public land 204
251 Offset management plan—amendment initiated by offset manager 204
252 Offset management plan—amendment initiated by decision‑maker 205
253 Offset management plan—reporting 205
254 Offset management plan—expiry if development approval ends 206
255 Offset power must not be delegated 206
Chapter 10Leases and licences
Part 10.1 Preliminary
256 Definitions—ch 10 207
257 Meaning of lease—Act 208
258 When is a lease a concessional lease—Act 208
259 Meaning of market value lease—Act 211
260 Meaning of possibly concessional—Act 211
Part 10.2 Grants of leases generally
Division 10.2.1 Grants of leases
261 Effect subject to pt 10.8 212
262 Authority may grant leases 212
263 Granting leases 212
264 Lease conditional on approval for stated development 213
265 Eligibility for grant of lease 214
266 Restriction on direct sale by authority 214
267 Direct sale if single person in restricted class 216
268 Notice of direct sale 216
269 Direct sale leases subject to certain provisions 217
270 Authority need not grant lease 217
271 Report before granting leases 218
272 Lease must provide for access by road etc 218
273 Failure to accept and execute lease 219
Division 10.2.2 Payment for leases
274 Payment for leases generally 220
275 Payment for adjoining concessional leases 221
Division 10.2.3 Use of leased land
276 Use of land for leased purpose 221
277 Authority may authorise temporary use of land for special circumstances 222
278 No right to use, flow and control of water 222
Division 10.2.4 Dealings with leases
279 Leases to which restriction under s 280 applies 223
280 Restriction on transfer, assignment and parting with possession 224
281 Approval to transfer, assign, or part with possession 225
282 Restriction on transfer, assignment and parting with possession—certain University of NSW leases 226
283 Approval to transfer, assign, or part with possession—certain University of NSW leases 227
284 Restriction on subletting of land 228
285 Subletting part of building 230
286 Subletting for siting of mobile homes 230
287 Land leased to be held as undivided parcel 231
288 Leases held by Territory not to be transferred or assigned 231
Part 10.3 Grants of further leases
289 Grant of further leases 232
290 Grant of further lease includes same authorised use 234
Part 10.4 Grants of concessional leases to community organisations
291 Meaning of community lease and community lease use 235
292 Meaning of community lease provisions 236
293 Grant of community lease by direct sale 237
294 Statement of future community land for stated districts 237
295 Grant of community lease by tender 238
296 Community use reports 239
297 Audit of use of community lease land 239
Part 10.5 Concessional leases
Division 10.5.1 Deciding whether leases concessional
298 Application for decision about whether lease concessional 241
299 Decision about whether lease concessional 241
300 Authority may decide if lease concessional on own initiative 242
301 Review of certain decisions about concessional status of lease 243
302 Lodging notice of decision about concessional status of lease 244
303 Concessional status of leases 245
304 Non‑concessional status of leases 246
305 Concessional status guidelines 246
Division 10.5.2 Restrictions on dealings with concessional leases
306 Restrictions on dealings with concessional leases 247
307 Approval of dealings with concessional leases 248
Division 10.5.3 Varying concessional leases to remove concessional status
308 Removal of concessional status by variation of lease 249
309 Development application to remove concessional status of lease 249
310 Development approval to remove concessional status subject to condition 251
311 Working out amount payable to remove concessional status 251
312 Uses under leases varied by surrender and regrant to remove concessional status 252
Part 10.6 Rent variations and relief from provisions of leases
313 Application to land rent—pt 10.6 253
314 Variations of rent 253
315 Review of variations of rent 253
316 Reduction of rent and relief from provisions of lease 254
Part 10.7 Lease variations
Division 10.7.1 Lease variations—general
317 Effect subject to pt 10.8 255
Division 10.7.2 Variation of rental leases
318 Variation of rental leases 255
319 Advice of rent payable on variation of lease 256
320 Application for rent payout lease variation 256
321 Decision on rent payout lease variation application 257
322 Policy directions for paying out rent 258
323 Power to decide rent payout applications deemed refused 258
324 Lease to be varied to pay out rent 259
325 No variations to extend term 259
326 No variation of certain leases for 5 years 259
Division 10.7.3 Variation of nominal rent leases
Subdivision 10.7.3.1 Preliminary
327 Definitions—div 10.7.3 260
Subdivision 10.7.3.2 Chargeable variations of nominal rent leases
328 Lease variation charge payable for chargeable variation 261
329 Notice of assessment 262
330 More than 1 chargeable variation 263
331 Standard chargeable variations 263
332 Non‑standard chargeable variations 264
333 Non‑standard chargeable variations—improvements 267
334 Non‑standard chargeable variations—working out statement 268
335 Non‑standard chargeable variations—application for reconsideration 269
336 Non‑standard chargeable variations—requirements for reconsideration application 270
337 Non‑standard chargeable variations—reconsideration 271
338 Reduction of lease variation charges 272
339 Increase of lease variation charge 272
340 Lease variation charge—reassessment 273
341 Taxation Administration Act—disclosure of information 273
Subdivision 10.7.3.3 Deferring lease variation charges
342 Application to defer payment of lease variation charges 274
343 Approval to defer payment of lease variation charges 274
344 Conditions of deferral arrangement 275
345 Lease variation charge changed after reconsideration etc 276
346 Certificate of lease variation charge and other amounts 277
Part 10.8 Rural leases
Division 10.8.1 Further rural leases
347 Amount payable for further leases—rural land 279
348 Term of further leases—rural land 279
Division 10.8.2 Exceptions for rural leases
349 Definitions—div 10.8.2 280
350 Land management agreements 280
351 Dealings with rural leases 281
352 Exceptions to s 350 and s 351 282
353 Delayed requirement to enter into land management agreement 283
354 Certain dealings in holding period 283
Part 10.9 Leases—improvements
355 Application—pt 10.9 284
356 Definitions—pt 10.9 284
357 Renewing lessee not liable to pay for improvements 285
358 Authority must pay for certain improvements 285
359 Land declared available for further lease 286
360 Lease surrendered or terminated 286
361 Withdrawal of lease or part before end 287
362 Deciding value of improvements 287
Part 10.10 Surrendering and termination of leases
363 Lessee may surrender lease 289
364 Refund on lease surrender or termination 289
Part 10.11 Declared subleases of land
365 Meaning of declared land sublease 290
366 Declared leases 290
Part 10.12 Leases—building and development provisions
Division 10.12.1 Preliminary
367 Definitions—pt 10.12 292
Division 10.12.2 Certificates of compliance
368 Certificates of compliance 292
369 Certificates of compliance—Unit Titles Act leases 292
Division 10.12.3 Building and development provisions—transfer of land
370 Transfer of land subject to building and development provision 293
371 Transfer of land subject to building and development provision—approval generally 294
372 Transfer of land subject to building and development provision—approval for first sale 296
373 Transfer of land subject to building and development provision—considerations for approval 296
Division 10.12.4 Noncompliance with building and development provisions
374 Fee for noncompliance with building and development provision 296
375 Authority may give notice of new compliance time 297
Part 10.13 Licences for unleased land
376 Criteria for granting licences for unleased land 298
377 Applications for licences for unleased land 298
378 Decision on licence applications for unleased land 298
379 Licences—form etc 299
380 Licences—when not needed 299
Part 10.14 Leases and licences—miscellaneous
381 Reservation of minerals 300
382 How land may be recovered if former lessee or licensee in possession 300
383 Conversion of Commonwealth leases 301
Chapter 11 Public land
Part 11.1 Management of public land
384 Recommendations to authority about public land 303
385 Reserved areas of public land 303
386 Management of public land 304
387 Management objectives for public land 304
Part 11.2 Management plans for public land
Division 11.2.1 Public land management plans
388 Meaning of public land management plan 305
Division 11.2.2 Land management plans
389 Draft land management plan—custodian to prepare 306
390 Draft land management plan—public consultation 306
391 Draft land management plan—revision and submission to Minister 307
392 Draft land management plan—referral to Legislative Assembly committee 308
393 Draft land management plan—committee to report 308
394 Draft land management plan—Minister to approve, return or reject 309
395 Land management plan—effect of Minister’s approval 310
396 Draft land management plan—return to custodian 310
397 Draft land management plan—rejection by Minister 310
398 Land management plan—minor amendments 311
399 Land management plan—custodian to implement 312
400 Land management plan—review 312
Part 11.3 Public land—leases and miners’ rights
401 Leases of public land 313
402 Miners’ rights in relation to public land 313
Chapter 12 Development offences and controlled activities
Part 12.1 Development offences
403 Offence to develop without approval 314
404 Offence to undertake prohibited development 316
405 Development authorised by approval before prohibition 318
406 Offence to develop other than in accordance with approval 318
407 Development previously exempt—non‑use 318
408 Development previously exempt—use 319
409 Development that becomes exempt 320
410 Victimisation 321
Part 12.2 Complaints about controlled activities
411 Meaning of complainant—pt 12.2 322
412 Meaning of controlled activity 322
413 Complaints about controlled activities 322
414 Form of complaints 323
415 Withdrawal of complaints 323
416 Additional information about complaints 324
417 Investigation of complaints 324
418 Use of information relating to complaints 324
419 Action after investigating complaints 325
420 Guidelines for taking action on complaints 327
421 No further action on complaints under s 419 (1) (a) 327
422 Referral of complaints under s 419 (1) (b) 328
Part 12.3 Controlled activity orders
423 Definitions—pt 12.3 329
424 Controlled activity orders 329
425 Show cause notices 330
426 Time for making controlled activity order 331
427 Decision on proposed controlled activity order 331
428 Ongoing controlled activity orders 332
429 Content of controlled activity orders 333
430 Notice of making of controlled activity orders 335
431 Who is bound by a controlled activity order 336
432 Contravention of controlled activity orders 336
433 Notice of appeal against controlled activity orders 336
434 Ending controlled activity orders 337
435 Notice ending controlled activity orders 337
Part 12.4 Rectification work
Division 12.4.1 Preliminary
436 Meaning of rectification work 338
Division 12.4.2 Directions for rectification work
437 Direction to undertake rectification work 338
438 Contravention of direction to undertake rectification work 340
Division 12.4.3 Authorisations for rectification work
439 Authorisation to undertake rectification work 340
440 Obligation and powers of authorised people 341
441 Entry to premises by authorised people 341
Division 12.4.4 Rectification work orders
442 Application for rectification work order 342
443 Decision on application for rectification work order 343
444 Content of rectification work order 344
445 Authorisation by rectification work order 344
446 Remote application for rectification work order 345
447 Documents given after order made on remote application 346
448 Entry under rectification work order—no occupier present 347
449 Entry under rectification work order—occupier present 347
Division 12.4.5 Liability for rectification work
450 Liability for cost of rectification work 348
451 Protection of authorised people from liability 349
Part 12.5 Prohibition notices
452 Giving prohibition notices 350
453 Contravention of prohibition notices 352
454 Ending prohibition notices 352
455 Application for revocation of prohibition notices 353
Part 12.6 Injunctions and termination of leases and licences
456 Injunctions to restrain contravention of controlled activity orders and prohibition notices 354
457 Termination of leases 355
458 Termination of licences 356
459 Notice of termination 357
Chapter 13 Enforcement
Part 13.1 Preliminary
460 Definitions—ch 13 358
Part 13.2 Inspectors
461 Appointment of inspectors 359
462 Identity cards 359
Part 13.3 Powers of inspectors
463 Entry to premises 360
464 Remaining at premises 361
465 Consent to entry without authorised person 361
466 Consent to entry with authorised person 362
467 Entry on notice for rectification work and monitoring 363
468 General powers on entry to premises 367
469 Power on entry for rectification work 368
470 Power to require help on entry under warrant 368
471 Power to take samples on entry under warrant 368
472 Power to seize things on entry under search warrant 369
473 Power to require name and address 369
Part 13.4 Information requirements
474 Information requirements 371
475 Treatment of documents provided under information requirement 372
476 When authority may ask for information from commissioner for revenue 372
477 When authority may ask for information about leases from commissioner for revenue 373
Part 13.5 Search warrants
478 Application for search warrant 374
479 Remote application for search warrant 375
480 Documents given after warrant issued on remote application 375
481 Search warrants—announcement before entry 376
482 Details of search warrant must be given to occupier 377
483 Occupier may be present during search 377
Part 13.6 Monitoring warrants
484 Application for monitoring warrant 378
485 Decision on application for monitoring warrant 379
486 Content of monitoring warrant 380
487 Authorisation by monitoring warrant 380
488 Remote application for monitoring warrant 381
489 Documents given after warrant issued on remote application 381
490 Entry under monitoring warrant—no occupier present 382
491 Entry under monitoring warrant—occupier present 383
Part 13.7 Return and forfeiture of things seized
492 Receipt for thing seized 384
493 Moving thing to another place for examination or processing under search warrant 384
494 Action in relation to seized thing 385
495 Access to thing seized 386
496 Return of thing seized 386
Chapter 14 Access to information
Part 14.1 Public register
497 Authority to keep public register 388
498 Contents of public register 388
499 Inspection of public register and associated documents 391
500 Contents of public register on authority website 391
501 Meaning of associated document—pt 14.1 392
Part 14.2 Restrictions on availability of information
502 Restrictions on information for commercial or safety reasons 395
503 Restrictions on information for security reasons 396
Chapter 15 Notification and review of decisions
504 Definitions—ch 15 398
505 Reviewable decision notices 399
506 Applications for review 399
507 Applications for review by third parties 399
508 ACAT review—time for making application for deemed decisions 400
Chapter 16 Miscellaneous
509 Declaration of authority website 401
510 Custodianship map 401
511 Damage etc to be minimised 401
512 Compensation for exercise of enforcement powers 402
513 Enforcement actions unaffected by other approvals etc 403
514 Evidentiary certificates—offsets register 403
515 Evidence of ending of lease 404
516 Basic fences between leased and unleased land 404
517 Rights to extract minerals 405
518 Use and disclosure of protected information 405
519 Ministerial guidelines 407
520 Construction of outdated references 408
521 Expiry of University of NSW lease provisions 408
522 Determination of fees 409
523 Regulation‑making power 409
524 Review of Act 410
Chapter 20Transitional
Part 20.1 Transitional—general
600 Definitions—ch 20 411
601 Transitional regulations 411
602 Expiry—ch 20 412
Part 20.2 Transitional—strategic and spatial planning
603 Planning strategy 413
604 District strategy 413
Part 20.4 Transitional—development applications and approvals
613 Development applications made before commencement day 414
614 Development approvals under repealed Act 416
615 Applications to amend development approvals made before commencement day 417
616 Applications to amend development approvals under repealed Act at least 6 months after commencement day 418
617 Declarations for development encroaching on adjoining territory land before commencement day 418
Part 20.5 Transitional—existing rights to use land, buildings and structures
618 Existing rights to use land etc not affected 419
Part 20.6 Transitional—leases and licences
619 Status of leases or licences in force before commencement day 421
620 Continued application of certain repealed Acts and provisions 421
621 Grants of leases commenced but not completed before commencement day 423
622 Applications for grant of further leases 424
625 Applications for licences for unleased land made before commencement day 424
Part 20.7 Transitional—building and development provisions—extension of time to complete works
626 Extensions of time to complete works under repealed Act 426
627 Extensions of time to complete works under repealed Act—extension to another stated time 427
Part 20.8 Transitional—environmental significance opinions
628 Applications for environmental significance opinion made before commencement day 428
629 Environmental significance opinions given under repealed Act 428
Part 20.9 Transitional—design review panel
630 Consultation with design review panel before commencement day 430
631 Design review panel consideration before commencement day 430
Part 20.10 Transitional—environmental impact statements
632 Applications for EIS exemption made before commencement day 431
633 EIS exemptions granted under repealed Act 431
634 EIS completed under repealed Act 432
635 Public health-related EIS completed under repealed Act 433
636 EIS processes commenced but not completed before commencement day 433
Part 20.11 Transitional—rent variations and relief from provisions of leases
637 Reduction of rent and relief from provisions of lease approved before commencement day 434
Part 20.12 Transitional—land management agreements
639 Land management agreements entered into before commencement day 435
Part 20.13 Transitional—land management plans
640 Land management plans 436
641 Draft land management plans 436
Part 20.14 Transitional—controlled activities
642 Controlled activities—construction without development approval 437
Part 20.15 Transitional—review of decisions
643 Applications for review not finally decided 438
Part 20.16 Transitional—administrative
644 Chief planning executive 439
645 Acting chief planning executive 439
646 Inspectors appointed before commencement day 440
Part 20.17 Transitional—exempt development
647 Guidelines for essential work at affected residential premises 441
Schedule 1 Information and documents for certain development applications 442
Part 1.1 Preliminary 442
1.1 Definitions—sch 1 442
Part 1.2 Information and documents for certain development applications 443
Schedule 2 Market value leases and leases that are possibly concessional 445
Part 2.1 Preliminary 445
2.1 Definitions—sch 2 445
Part 2.2 Market value leases 446
Part 2.3 Possibly concessional leases 450
Schedule 3 Management objectives for public land 452
Part 3.1 Preliminary 452
3.1 Definitions—sch 3 452
Part 3.2 Management objectives for areas of public land 453
Schedule 4 Controlled activities 455
Schedule 5 Reviewable decisions, eligible entities and interested entities 457
Part 5.1 Preliminary 457
5.1 Meaning of material detriment—sch 5 457
Part 5.2 Reviewable decisions, eligible entities and interested entities 458
Schedule 6 Matters exempt from third party ACAT review 469
Part 6.1 Preliminary 469
6.1 Definitions—sch 6 469
Part 6.2 Matters exempt from third party ACAT review 470
Part 6.3 Maps 472
Division 6.3.1 City centre 472
Division 6.3.2 Belconnen town centre 473
Division 6.3.3 Gungahlin town centre 474
Division 6.3.3A Molonglo town centre 475
Division 6.3.4 Tuggeranong town centre 476
Division 6.3.5 Woden town centre 477
Division 6.3.6 Kingston Foreshore 478
Division 6.3.7 University of Canberra site 479
Schedule 7 Preserved leases 480
7.1 Meaning of preserved lease 480
Dictionary482
Endnotes
1 About the endnotes 500
2 Abbreviation key 500
3 Legislation history 501
4 Amendment history 503
5 Earlier republications 510
6 Modifications of republished law with temporary effect 511
7 Expired transitional or validating provisions 512
Planning Act 2023
An Act about planning and development in the ACT, and for other purposes
Chapter 1Preliminary
1Name of Act
This Act is the Planning Act 2023.
3Dictionary
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.
For example, the signpost definition ‘district—see the Districts Act 2002, dictionary.’ means that the term ‘district’ 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)).
4Notes
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.
5Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
6Application of Act
This Act applies only to territory land.
NoteUnder the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth), an area of land in the ACT is territory land unless it is declared to be national land. An area may be declared to be national land if it is, or is intended to be, used by or on behalf of the Commonwealth.
Chapter 2Object, principles and important concepts
Part 2.1Object and key elements
7Object of Act
(1)The object of this Act is to support and enhance the Territory’s liveability and prosperity, protect its natural environment, and promote the well‑being of residents by creating an effective, efficient, accessible and enabling planning system that—
(a)is outcomes‑focussed; and
(b)promotes and facilitates the achievement of ecologically sustainable development; and
(c)provides a scheme for public participation.
(2)As part of achieving the object mentioned in subsection (1), the planning system is intended to—
(a)be based on policies, processes and practices that are easy to understand; and
(b)promote certainty of processes and consistent and transparent application of policies while at the same time providing scope for innovation in development proposals; and
(c)provide a clearly defined hierarchy of planning strategies that inform the content of the territory plan; and
(d)engage with other laws to support the efficient, appropriate and effective delivery of other related government policy objectives; and
(e)promote high standards for the built environment through an emphasis on design quality and universal design for the benefit of people with differing needs and capabilities; and
(f)provide for public participation in relation to the development of planning strategies and policies, and development assessment.
(3)The following matters are integral to achieving the object of this Act:
(a)the ACT’s biodiversity values and its landscape setting, including—
(i)the protection and conservation of biodiversity, habitat, ecological processes and natural systems; and
(ii)the integration of natural, built, cultural and heritage elements;
(b)high‑quality, people‑focussed and design‑led built outcomes that respond and contribute to the distinctive characteristics of the local area, and sense of place;
(c)the knowledge, culture and tradition of, and cultural and spiritual connections held by, the traditional custodians of the land;
(d)planning for population growth and development of the ACT while protecting those aspects that make the ACT an attractive place in which to live;
(e)a sustainable and climate-resilient environment that is planned, designed and developed to adapt to climate change, reduce greenhouse gas emissions and achieve a net-zero greenhouse gas future using integrated mitigation and adaptation best practices and considers food and water security.
Note 1The territory planning authority must exercise its functions, if relevant, in accordance with the object of this Act (see s 18 (3) (a)).
Note 2The object of this Act must be considered in developing planning strategies, plans and policies (see s 10 (1)) and the planning strategy must be consistent with the object of this Act (see s 36 (1)).
The territory plan must give effect to the planning strategy (see s 47 (b)) and the Territory, the Executive, a Minister or a territory authority must not do any act, or approve the doing of an act, that is inconsistent with the territory plan (see s 52).
8Key elements of Act
(1)This Act provides a planning regime for the ACT consistent with the responsibilities of the Territory under the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth).
(2)The key elements of this Act are as follows:
(a)the planning strategy—setting out the long‑term strategic direction and desired future planning outcomes for the Territory;
(b)district strategies—setting out the strategic direction and desired future planning outcomes for districts;
(c)the territory plan—setting out the desired planning outcomes, land use zones and development assessment provisions;
(d)the leasing system—setting out the tenure and use arrangements for land in the ACT;
(e)the development assessment and approval system—setting out the processes for assessing and deciding development applications and promoting desired planning outcomes for the Territory by—
(i)categorising development; and
(ii)providing the application and assessment requirements for different categories of development; and
(iii)providing a process for making, receiving, assessing and deciding development applications; and
(iv)establishing rights and responsibilities in relation to development approvals;
(f)Ministerial powers—to identify priority development proposals for progressing through the development approval system;
(g)the compliance and enforcement framework—which sets out a variety of offences and enforcement arrangements;
(h)review processes—for internally and externally reviewing administrative decisions;
(i)access to information provisions—which outline what information is available to the public and how it is accessible.
(3)Subsection (2) is intended only as a guide to readers.
9Meaning of ecologically sustainable development
(1)In this Act:
ecologically sustainable development means development involving the effective integration of the following principles:
(a)the protection and enhancement of ecological processes and natural systems at local, territory and broader landscape levels;
(b)the achievement of economic prosperity;
(c)the maintenance and enhancement of cultural, physical and social wellbeing of people and communities;
(d)the precautionary principle;
(e)the inter‑generational equity principle.
(2)In this section:
achievement of economic prosperity includes achieving a diverse, efficient, resilient and strong territory economy that allows communities to meet their needs without compromising the ability of future generations to meet their needs.
maintenance and enhancement of cultural, physical and social wellbeing of people and communities includes—
(a)creating and maintaining well‑serviced, healthy, prosperous, liveable and resilient communities with affordable, efficient, safe and sustainable development; and
(b)conserving or enhancing places of special aesthetic, architectural, cultural, heritage, historic, scientific, social or spiritual significance; and
(c)providing for integrated networks of pleasant and safe public areas for aesthetic enjoyment and cultural, recreational or social interaction; and
(d)accounting for the potential adverse impacts of development on climate change, and seeking to address the impacts through sustainable development and design.
protection and enhancement of ecological processes and natural systems includes—
(a)conserving, enhancing or restoring the life‑supporting capacities of air, ecosystems, soil and water for present and future generations; and
(b)conserving biological diversity and ecological integrity; and
(c)appropriately valuing and pricing environmental resources.
the inter‑generational equity principle means that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations.
the precautionary principle means that, if there is a threat of serious or irreversible environmental damage, a lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.
Part 2.2Planning principles
10Principles of good planning
(1)To achieve good planning outcomes, a person must consider the object of this Act and the following principles (the principles of good planning) in developing planning strategies, plans and policies:
(a)activation and liveability principles;
(b)cultural heritage conservation principles;
(c)high‑quality design principles;
(d)housing affordability principles;
(e)integrated delivery principles;
(f)investment facilitation principles;
(g)long‑term focus principles;
(h)natural environment conservation principles;
(i)sustainability and resilience principles;
(j)urban regeneration principles.
(2)In this Act:
activation and liveability principles means the following:
(a)planning and design should support diverse economic and social activities, including through promoting different but compatible uses for buildings and other areas;
(b)urban areas should include a range of high‑quality housing options with an emphasis on living affordability;
(c)urban areas should be designed to promote active travel and convenient and efficient use of public transport;
(d)districts should be planned, designed and developed to support active and healthy lifestyles and to cater for a diverse range of cultural and social activities;
(e)policies should support and enhance the quality of life and wellbeing of residents.
cultural heritage conservation principles means the following:
(a)planning and design should promote the unique cultural heritage of the ACT by acknowledging established heritage significance in design and placemaking;
(b)development should—
(i)respect local heritage; and
(ii)avoid direct impacts on heritage or, if a direct impact is unavoidable, ensure that the impact is justifiable and proportionate.
high‑quality design principles means the following:
(a)development should be focussed on people and designed to—
(i)reflect local setting and context; and
(ii)have a distinctive identity that responds to the existing character of its locality; and
(iii)effectively integrate built form, infrastructure and public spaces; and
(iv)provide appropriate solar access;
(b)public spaces should be designed to be used, appropriately landscaped and vegetated, and should be designed to contribute to the urban forest;
(c)built form and public spaces should be designed to be inclusive and accessible to people with differing needs and capabilities, including through the serious consideration of universal design practices;
(d)developments should be planned and designed to be well‑connected and integrated with surrounding development in ways that facilitate the safe, secure and effective movement of people within and through them.
housing affordability principles means the following:
(a)planning strategies, plans and policies should support the delivery of reforms that improve housing access, affordability and choice;
(b)planning strategies, plans and policies should support more housing options for people who have a low income;
(c)planning strategies, plans and policies should ensure affordable housing is close to essential services, amenities and affordable transport options, including public and active transport.
integrated delivery principles means the following:
(a)policies relating to planning, including those arising outside the planning system, should be coordinated to efficiently and effectively achieve planning outcomes;
(b)planning, design and development should promote integrated transport connections and equitable access to services and amenities;
(c)infrastructure, public spaces and facilities should be planned to meet future needs and designed to be integrated with related development;
(d)built form should be durable, designed to be adaptive (including in relation to the reuse of buildings or parts of buildings) and compatible with surrounding public spaces.
investment facilitation principles means the following:
(a)planning and design should be undertaken with a view to strengthening the economic prosperity of the Territory and contributing to diversification of the economy, economic security and growth;
(b)planning outcomes should be achieved by facilitating coordinated approaches that promote public and private investment towards common goals.
long‑term focus principles means the following:
(a)policy frameworks should be based around long‑term priorities, be ecologically sound, and seek to promote equity between present and future generations;
(b)policy frameworks should be able to respond to emerging challenges and cumulative impacts identified by monitoring, benchmarking and evaluation programs.
natural environment conservation principles means the following:
(a)planning and design should promote healthy and resilient ecosystems by—
(i)avoiding or minimising loss of habitat and other key threatening processes for biodiversity; and
(ii)considering cumulative and incremental environmental impacts;
(b)planning outcomes should support the operation of environmental laws applying in the ACT;
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
20 June 202320 June 2023–
26 Nov 2023not amended new Act R2
27 Nov 202327 Nov 2023–
31 Dec 2023A2023‑36 commenced provisions, amendments by A2023‑36 and modifications by SL2023‑29 R3
1 Jan 20241 Jan 2024–
10 July 2024A2023‑52 amendments by A2023‑52 R4
11 July 202411 July 2024–
27 Sept 2024A2023‑52 editorial amendments under Legislation Act R5
28 Sept 202428 Sept 2024–
27 Nov 2024A2023‑52 expiry of transitional provisions and lapsed modifications (pt 20.3)) R6
28 Nov 202428 Nov 2024–
2 Apr 2025A2023‑52 expiry of transitional provision (s 638) R7
3 Apr 20253 Apr 2025–
1 June 2025A2023‑52 expiry of transitional provisions (s 623, s 624) R8
2 June 20252 June 2025–
12 Sept 2025A2025‑15 amendments by A2025‑15
6 Modifications of republished law with temporary effect
The following modifications have not been included in this republication:
Planning (Transitional Provisions) Regulation 2023 SL2023-29 sch 1 amdts 1.4-1.6
Schedule 1Modification of Act
(see s 4)
[1.4]New section 621 (2A) and (2B)
insert
(2A)The grant of a lease to which a pre-grant process relates is taken to be a lease granted under this Act, section 263.
(2B)Despite section 52 (Effect of territory plan), the grant of the lease need not be consistent with the territory plan if the grant is consistent with the Territory Plan 2008 (NI2008-27) (repealed), as in force immediately before the commencement day.
[1.5]Section 621 (3), definition of pre-grant processparagraph (a),
substitute
(a)a government entity giving notice of an auction, tender, ballot or direct sale; and
[1.6]New section 622 (3A)
insert
(3A)Despite section 52 (Effect of territory plan), the grant of a further lease on the application need not be consistent with the territory plan if the grant is consistent with the Territory Plan 2008 (NI2008-27) (repealed), as in force immediately before the commencement day.
7 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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