Planning and Development (Public Notification) Amendment Act 2010 (ACT)

Planning and Development (Public Notification) Amendment Act 2010

A2010-42

Contents

Page

1. Name of Act  2

2. Commencement  2

3. Legislation amended  2

4. Public notice to adjoining premises

   
   

   New section 153 (3A)  2

5. Section 153 (4)  3

6. Public notice to registered interest-holders

   
   

   New section 154 (2A)  3

7. Major public notification

   
   

   New section 155 (1A) to (1C)  4

8. Section 155 (2) (a)  5

Planning and Development (Public Notification) Amendment Act 2010

A2010-42

An Act to amend the Planning and Development Act 2007

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

1. Name of Act

   This Act is the Planning and Development (Public Notification) Amendment Act 2010.

2. Commencement

   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)).

   Note 3If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

3. Legislation amended

   This Act amends the Planning and Development Act 2007.

4. Public notice to adjoining premises
   New section 153 (3A)

   insert

   (3A)The planning and land authority must give a new written notice under subsection (2) or (3) if, before the public consultation period ends, the authority—

   (a)becomes aware that the original notice is defective because its contents are incorrect, incomplete or include misleading information; and

   (b)is satisfied that the defect is likely to—

   (i)unfavourably affect a person’s awareness of the timing, location or nature of the development proposal in the application; or

   (ii)deny or restrict the opportunity of a person to make representations about the application under section 156.

5. Section 153 (4)

   omit

   subsection (2) or (3)

   substitute

   subsection (2), (3) or (3A)

6. Public notice to registered interest-holders
   New section 154 (2A)

   insert

   (2A)The planning and land authority must give a new written notice under subsection (2) if, before the public consultation period ends, the authority—

   (a)becomes aware that the original notice is defective because its contents are incorrect, incomplete or include misleading information; and

   (b)is satisfied that the defect is likely to—

   (i)unfavourably affect a person’s awareness of the nature of the lease variation; or

   (ii)deny or restrict the opportunity of a person to make representations about the application under section 156.

7. Major public notification
   New section 155 (1A) to (1C)

   insert

   (1A)The planning and land authority must display a new sign under subsection (1) (a) if, before the public consultation period ends—

   (a)the authority—

   (i)becomes aware that the original sign is defective because its contents are incorrect, incomplete or include misleading information; and

   (ii)is satisfied that the defect is likely to—

   (A)unfavourably affect a person’s awareness of the timing, location or nature of the development proposal in the application; or

   (B)deny or restrict the opportunity of a person to make representations about the application under section 156; or          

   (b)the authority becomes aware that a sign was not displayed.

   (1B)Subsection (1A) does not apply if a sign is displayed, but is subsequently moved, altered, damaged, defaced, covered or had access to it prevented.

   (1C)The planning and land authority must publish a new notice under subsection (1) (b) if, before the public consultation period ends—

   (a)the planning and land authority—

   (i)becomes aware that the original notice is defective because its contents are incorrect, incomplete or include misleading information; and

   (ii)is satisfied that the defect is likely to—

   (A)unfavourably affect a person’s awareness of the timing, location or nature of the development proposal in the application; or

   (B)deny or restrict the opportunity of a person to make representations about the application under section 156; or

   (b)the authority becomes aware that a notice was not published.

8. Section 155 (2) (a)

   after

   subsection (1) (a)

   insert

   or (1A)

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 26 August 2010.

2. Notification

   Notified under the Legislation Act on 4 November 2010.

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 (Public Notification) Amendment Bill 2010, which was passed by the Legislative Assembly on 26 October 2010.

   Acting Clerk of the Legislative Assembly

   © Australian Capital Territory 2010