Planning and Development Amendment Act 2020 (ACT)

Case

Planning and Development Amendment Act 2020

A2020-26

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Planning and Development Act 2007

4            Section 243 heading  3

5            New section 243 (2)  3

6            Payment for leasesNew section 246 (2) (g)  3

7           Restrictions on dealings with certain leasesNew section 251 (2) (c)  3

8            New sections 252A and 252B  4

9            New section 423A  6

10          Reviewable decisions, eligible entities and interested entitiesSchedule 1, item 16, column 2  7

11          Market value leases and leases that are possibly concessionalSchedule 5, part 5.2, new item 14A  7

12          Dictionary, new definition of University of NSW  7

Part 3Planning and Development Regulation 2008

13          New section 102A  8

14          Direct sales requiring approval by Executive—Act, s 240 (1) (a)New section 105 (ca)  8

15          Direct sale criteria for non-government educational establishments—Act, s 240 (1) (a) (i)New section 108 (3A)  8

16          New section 111A  9

17          New division 5.1.5  10

18          New section 402A  10

19          Dictionary, note 3  11

20          Dictionary, new definitions  11

Schedule 1Land Titles Act 1925—Other amendments 12

Planning and Development Amendment Act 2020

A2020-26

An Act to amend the Planning and Development Act 2007 and the Planning and Development Regulation 2008, and for other purposes

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

Part 1Preliminary

  1. Name of Act

    This Act is the Planning and Development Amendment Act 2020.

  2. Commencement

    (1)This Act commences on a day fixed by the Minister by written notice.

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

    Note 2A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

    (2)If this Act has not commenced within 2 years beginning on its notification day, it automatically commences on the first day after that period.

    (3)The Legislation Act, section 79 (Automatic commencement of postponed law) does not apply to this Act.

  3. Legislation amended

    This Act amends the Planning and Development Act 2007 and the Planning and Development Regulation 2008.

    NoteThis Act also amends the Land Titles Act 1925 (see sch 1).

Part 2Planning and Development Act 2007

  1. Section 243 heading

    substitute

  2. Direct sale leases subject to certain provisions

  3. New section 243 (2)

    insert

    (2)A regulation may prescribe a provision or matter that must, or must not, be included in a lease granted under section 238 (1) (d).

  4. Payment for leases
    New section 246 (2) (g)

    insert

    (g)the grant of a lease of land prescribed by regulation to the University of NSW.

  5. Restrictions on dealings with certain leases
    New section 251 (2) (c)

    insert

    (c)a lease granted to the University of NSW of land mentioned in section 246 (2) (g).

  6. New sections 252A and 252B

    insert

252ARestrictions on dealings with certain leases granted to University of NSW

(1)This section applies to a lease granted to the University of NSW of land mentioned in section 246 (2) (g).

(2)The planning and land authority must tell the registrar-general that this section applies to the lease.

NoteIf the planning and land authority tells the registrar-general that this section applies to a lease, the registrar-general must include a memorial in the register to that effect (see Land Titles Act 1925, s 72D).

(3)If a memorial stating that this section applies to the lease is included in the register under the Land Titles Act 1925, the University of NSW, or anyone else with an interest in the lease, must not—

(a)for 20 years after the day the lease was granted (the initial period)—deal with the lease; and

(b)after the initial period—deal with the lease without the written consent of the planning and land authority under section 252B.

(4)A dealing in relation to a lease to which this section applies that is made or entered into in contravention of subsection (3) has no effect.

(5)However, subsection (4) does not apply to a dealing registered under the Land Titles Act 1925.

NoteThe registration of an interest in land under the Land Titles Act 1925 takes priority over any other interest in the land, subject to some exceptions (see that Act, s 58).

(6)In this section:

consolidation—see section 234.

deal, with a lease—

(a)means—

(i)assign or transfer the lease; or

(ii)vary the lease; or

(iii)part with possession of the land comprised in the lease or any part of it; but

(b)does not include a subdivision or consolidation of the lease.

subdivision—see section 234.

252BConsent to s 252A dealings

(1)The planning and land authority must not approve a dealing under section 252A (3) (b) in relation to a lease—

(a)without the Executive’s approval; and

(b)unless satisfied that—

(i)for an assignment or transfer of the lease or change in possession of the land under the lease—the person to whom it is proposed that the lease should be assigned or transferred or the person to whom it is proposed that possession of the land should be given, is—

(A)a registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cwlth); or

(B)a registered higher education provider under the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth); or

(ii)for a variation of the lease—the variation is consistent with the authorised use of the land under the original lease.

(2)The validity of a dealing made or entered into with the consent of the planning and land authority is not affected—

(a)by a defect or irregularity in relation to the giving of the consent; or

(b)because a ground, or all grounds, for the consent had not arisen.

  1. New section 423A

    insert

423AExpiry of University of NSW lease provisions

(1)This section applies if a lease of land mentioned in section 246 (2) (g) is not granted to the University of NSW within 5 years (the relevant date) after the commencement of the Planning and Development Amendment Act 2020, section 3.

(2)This section and the following provisions expire on the relevant date:

(a)section 246 (2) (g) (Payment for leases);

(b)section 251 (2) (c) (Restrictions on dealings with certain leases);

(c)section 252A (Restrictions on dealings with certain leases granted to University of NSW);

(d)section 252B (Consent to s 252A dealings);

(e)schedule 1, item 16, column 2, everything after “direct sale”;

(f)schedule 5, part 5.2, item 14A;

(g)dictionary, definition of University of NSW.

  1. Reviewable decisions, eligible entities and interested entities
    Schedule 1, item 16, column 2

    after

    direct sale

    insert

    (other than a refusal to grant a lease to the University of NSW of land mentioned in s 246 (2) (g))

  2. Market value leases and leases that are possibly concessional
    Schedule 5, part 5.2, new item 14A

    insert

14A a lease granted to the University of NSW

  1. Dictionary, new definition of University of NSW

    insert

    University of NSW means the University of New South Wales established under the University of New South Wales Act 1989 (NSW), section 4.

Part 3Planning and Development Regulation 2008

  1. New section 102A

    in division 5.1.1, insert

102AMeaning of UNSW campus—pt 5.1

(1)In this part:

UNSW campus means land in the district of Reid or Parkes identified in the UNSW precinct deed.

UNSW precinct deed means the precinct deed between the Territory and the University of NSW dated 3 March 2020.

(2)Land in the UNSW campus is prescribed for the Act, section 246 (2) (g).

  1. Direct sales requiring approval by Executive—Act, s 240 (1) (a)
    New section 105 (ca)

    insert

    (ca)a lease of land in the UNSW campus to the University of NSW;

  2. Direct sale criteria for non-government educational establishments—Act, s 240 (1) (a) (i)
    New section 108 (3A)

    insert

    (3A)This section does not apply to the direct sale to the University of NSW of land in the UNSW campus.

  3. New section 111A

    insert

111ADirect sale criteria for UNSW campus land for University of NSW—Act, s 240 (1) (a) (i)

The criteria for the direct sale of a lease of land in the UNSW campus to the University of NSW are—

(a)the University has given the planning and land authority the following:

(i)a master plan approved by the Executive;

(ii)a development proposal for the land in accordance with the UNSW precinct deed;

(iii)a works approval approved by the National Capital Authority which is consistent with subparagraphs (i) and (ii); and

(b)the planning and land authority is satisfied that the University has the financial capacity, and relevant experience, qualifications, expertise and other resources, to develop and manage the land.

  1. New division 5.1.5

    insert

Division 5.1.5           Direct sale leases subject to certain provisions

  1. Direct sale leases for UNSW campus land—Act, s 243 (2)

    A lease granted under the Act, section 238 (1) (d) of land in the UNSW campus to the University of NSW may only include—

    (a)an authorised use as an education and research facility that is consistent with the UNSW precinct deed; and

    (b)development conditions that are consistent with the UNSW precinct deed.

  2. New section 402A

    insert

402AExpiry of University of NSW lease provisions

(1)This section applies if a lease of land in the UNSW campus is not granted to the University of NSW within 5 years (the relevant date) after the commencement of the Planning and Development Amendment Act 2020, section 3.

(2)This section and the following provisions expire on the relevant date:

(a)section 102A (Meaning of UNSW campus—pt 5.1);

(b)section 105 (ca) (Direct sales requiring approval by Executive—Act, s 240 (1) (a));

(c)section 108 (3A) (Direct sale criteria for non-government educational establishments—Act, s 240 (1) (a) (i));

(d)section 111A (Direct sale criteria for UNSW campus land for University of NSW—Act, s 240 (1) (a) (i));

(e)division 5.1.5 (Direct sale leases subject to certain provisions);

(f)dictionary, note 3, dot point mention of “University of NSW”;

(g)dictionary, definitions of UNSW campus and UNSW precinct deed.

  1. Dictionary, note 3

    insert

    ·     University of NSW

  2. Dictionary, new definitions

    insert

    UNSW campus, for part 5.1 (Direct sale of leases)—see section 102A (1).

    UNSW precinct deed, for part 5.1 (Direct sale of leases)—see section 102A (1).


Schedule 1Land Titles Act 1925—Other amendments

(see s 3)

[1.1]New section 72D (1) (aa)

insert

(aa)section 252A (Restrictions on dealings with certain leases granted to University of NSW);

[1.2]New section 178C

insert

178CExpiry of provision

Section 72D (1) (aa) expires if the Planning and Development Act 2007, section 252A (Restrictions on dealings with certain leases granted to University of NSW) expires.

NoteSee the Planning and Development Act 2007, s 423A (Expiry of University of NSW lease provisions).

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 4 June 2020.

  2. Notification

    Notified under the Legislation Act on 8 July 2020.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Planning and Development Amendment Bill 2020, which was passed by the Legislative Assembly on 2 July 2020.

    Acting Clerk of the Legislative Assembly

    © Australian Capital Territory 2020

Actions
Download as PDF Download as Word Document
Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0