Planning and Development (Loose-fill Asbestos Eradication) Amendment Regulation 2015 (No 1) (ACT)

Planning and Development (Loose-fill Asbestos Eradication) Amendment Regulation 2015 (No 1)

Subordinate Law SL2015-31

The Australian Capital Territory Executive makes the following regulation under the Planning and Development Act 2007.

Dated 1 October 2015.

Mick Gentleman

Minister

Andrew Barr

Minister

Planning and Development (Loose-fill Asbestos Eradication) Amendment Regulation 2015 (No 1)

Subordinate Law SL2015-31

made under the

Planning and Development Act 2007

1. Name of regulation

   This regulation is the Planning and Development (Loose-fill Asbestos Eradication) Amendment Regulation 2015 (No 1).

2. Commencement

   This regulation commences on the day after its notification day.

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

3. Legislation amended

   This regulation amends the Planning and Development Regulation 2008.

4. New section 130 (1) (h)

   insert

   (h)a lease of land to an eligible former owner of the land.

5. Section 130 (2), new definition of eligible former owner

   insert

   eligible former owner means—

   (a)a person who—

   (i)was the lessee of an affected lease; and

   (ii)surrendered the affected lease to the Territory under the buyback program; and

   (iii)in the deed to surrender the affected lease elected to receive a first right of refusal to purchase a new lease of the land; or

   (b)if the person mentioned in paragraph (a) dies—a person who would have obtained an interest in the affected lease if the lease had not been surrendered; or

   (c)if the person mentioned in paragraph (a) is a party to a divorce or the ending of a civil partnership or civil union—a person who would have obtained an interest in the affected lease under a court order if the lease had not been surrendered.

6. Section 212 (1), definition of affected residential premises

   substitute

   affected residential premises means—

   (a)residential premises that contain, or have contained, loose-fill asbestos insulation; or

   (b)premises listed on the affected residential premises register.

7. Section 212 (2), new definition of affected residential premises register

   insert

   affected residential premises register—see the Dangerous Substances Act 2004, section 47N.

Endnotes

1. Notification

   Notified under the Legislation Act on 6 October 2015.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2015