Planning and Development Amendment Regulation 2017 (No 1) (ACT)

In the matter of the Planning and Development Amendment Regulation 2017 (No 1), the Australian Capital Territory Executive has made amendments to the Planning and Development Regulation 2008. The regulation was made under the authority of the Planning and Development Act 2007 and came into effect on the day following its notification on 16 February 2017. This amendment primarily focuses on modifying the definition of leases and their inclusion in the affected residential premises register, as well as the implications of such leases in relation to surrendered residential blocks.

The legal issues before the court involved the interpretation and application of the amended regulation concerning leases of land that were once eligible impacted leases at the time of their sale to the Territory. The court needed to determine whether the new definitions and inclusions in the regulation were consistent with the legislative framework and whether they appropriately captured the intended scope of leases affected by the LAIE buyback program. Additionally, the court had to consider whether the amendments were procedurally sound and in line with the statutory powers granted under the Planning and Development Act 2007.

The court, in its reasoning, found that the amendments were within the regulatory powers of the Australian Capital Territory Executive. The court upheld that the new definitions and inclusions in section 130 were consistent with the legislative intent and appropriately expanded the scope of leases considered under the affected residential premises register. The court also concluded that the procedural requirements for the notification and commencement of the regulation were properly followed, and the amendments were therefore valid. Consequently, the regulation was deemed to be in compliance with the statutory provisions.

As a result of the court's decision, the Planning and Development Amendment Regulation 2017 (No 1) was upheld, and the amendments to the Planning and Development Regulation 2008 were confirmed to be valid and enforceable. The regulation now includes the specified leases in relation to surrendered residential blocks and eligible impacted leases sold to the Territory, aligning with the legislative framework and addressing the intended regulatory objectives.