Planning and Environment Legislation Amendment Act 2019 (ACT)
Planning and Environment Legislation Amendment Act 2019
A2019-20
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Legislation amended 2
Part 2Commissioner for Sustainability and the Environment Act 1993
4 Special reportsSection 21 (2) 3
Part 3Environment Protection Act 1997
5 Conduct of auditsNew section 74 (2) 5
6 Definitions for div 9.5New section 91A (2) (b) (iia) 5
7 Order to assess whether land contaminatedSection 91C (5) 5
8 Order to remediate landSection 91D (5) 6
9 Section 91D (5) (b) 6
Part 4Environment Protection Regulation 2005
10 Section 66C 7
Part 5Nature Conservation Act 2014
11 Chapter 6 exceptionsNew section 153 (2) (b) (iii) 8
12 Chapter 9 exceptionsNew section 252 (2) (b) (v) 8
13 Part 10.2 exceptionsSection 261 (2) (a) (ii) 8
14 New section 262A 8
15 Receipt for things seizedSection 350 (3) (d) (ii) 9
16 Dictionary, new definition of influential person 9
Part 6Planning and Development Act 2007
17 Effect of draft plan variations given to MinisterSection 72 (3), definition of defined period, paragraph (b) (iv) 10
18 Minister’s powers in relation to draft plan variationsSection 76 (1) (a) 10
19 End of development approvals for lease variationsNew section 185 (2) (b) (iia) 10
20 Decision on rent payout lease variation applicationNew section 272B (3A) 11
21 New chapter 25 11
Part 7Stock Act 2005
22 Disposing of impounded stockSection 39 (2) 13
Planning and Environment Legislation Amendment Act 2019
A2019-20
An Act to amend legislation about planning and the environment, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Part 1Preliminary
Name of Act
This Act is the Planning and Environment Legislation Amendment Act 2019.
Commencement
This Act 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)).
Legislation amended
This Act amends the following legislation:
· Commissioner for Sustainability and the Environment Act 1993
· Environment Protection Act 1997
· Environment Protection Regulation 2005
· Nature Conservation Act 2014
· Planning and Development Act 2007
· Stock Act 2005.
Part 2Commissioner for Sustainability and the Environment Act 1993
Special reports
Section 21 (2)substitute
(2)For a special report required by the Minister under subsection (1) (a), the Minister must—
(a)for a report about a matter for which the Minister is responsible—within 6 months after the day of receiving the report, present to the Legislative Assembly a statement that sets out the response of the government to the report; or
(b)for a report about a matter for which another Minister is responsible—within 10 working days after the day of receiving the report, give the report to the Minister responsible for the matter; or
(c)for a report about a matter for which the Minister and another Minister are responsible—within 6 months after the day of receiving the report, in consultation with the other Minister, present to the Legislative Assembly a statement that sets out the response of the government to the report.
(3)For a special report given to a Minister responsible for the matter under subsection (2) (b), the Minister responsible for the matter must, within 6 months after the day of receiving the report, present to the Legislative Assembly a statement that sets out the response of the government to the report.
(4)In this section:
administrative arrangements means a determination made under the Public Sector Management Act 1994, section 14 (1).
matter, for which a Minister is responsible, means a matter mentioned in the administrative arrangements, for which responsibility is allocated to a Minister.
Part 3Environment Protection Act 1997
Conduct of audits
New section 74 (2)insert
(2)An environmental audit must consider—
(a)the provisions of this Act; and
(b)the permitted and approved uses of the land to which the audit relates; and
(c)any relevant environmental protection policies; and
(d)any relevant national environment protection measures.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).
Definitions for div 9.5
New section 91A (2) (b) (iia)insert
(iia)if the land is suitable for a specified use or range of uses, having regard to any contamination or remaining contamination of the land;
Order to assess whether land contaminated
Section 91C (5)omit
conduct the assessment
substitute
conduct the audit of the assessment
Order to remediate land
Section 91D (5)omit
remediation
substitute
audit of the remediation
Section 91D (5) (b)
omit
assessment
substitute
remediation
Part 4Environment Protection Regulation 2005
Section 66C
substitute
66CDevelopment sites less than 0.3ha
(1)A person who is in charge of development on a development site commits an offence if—
(a)the site is less than 0.3ha; and
(b)the person does not install and maintain on site erosion and sediment control measures—
(i)if it is a condition of a development approval that measures be installed and maintained—in accordance with the condition; or
(ii)otherwise as approved by a certifier for building work.
Maximum penalty: 10 penalty units.
(2)An offence against this section is a strict liability offence.
(3)In this section:
certifier, for building work—see the Building Act 2004, dictionary.
Part 5Nature Conservation Act 2014
Chapter 6 exceptions
New section 153 (2) (b) (iii)insert
(iii)a licence under the Planning and Development Act 2007, section 303 (Decision on licence applications for unleased land); or
Chapter 9 exceptions
New section 252 (2) (b) (v)insert
(v)a licence under the Planning and Development Act 2007, section 303 (Decision on licence applications for unleased land); or
Part 10.2 exceptions
Section 261 (2) (a) (ii)substitute
(ii)a licence under the Planning and Development Act 2007, section 303 (Decision on licence applications for unleased land); or
New section 262A
insert
262AWho is an influential person for a corporation?—ch 11
(1)In this chapter:
influential person, for a corporation, means any of the following:
(a)an executive officer of the corporation;
(b)a person who may exercise a relevant power in relation to the corporation;
(c)a related corporation;
(d)an executive officer of a related corporation.
(2)In this section:
related corporation means a related body corporate under the Corporations Act.
relevant power, for a corporation, means a power—
(a)to take part in a directorial, managerial or executive decision for the corporation; or
(b)to elect or appoint a person as an executive officer in the corporation; or
(c)to exercise a significant influence in relation to the conduct of the corporation.
Receipt for things seized
Section 350 (3) (d) (ii)omit
an animal
substitute
a living animal
Dictionary, new definition of influential person
insert
influential person, for a corporation, for chapter 11 (Nature conservation licences)—see section 262A.
Part 6Planning and Development Act 2007
Effect of draft plan variations given to Minister
Section 72 (3), definition of defined period, paragraph (b) (iv)omit
1 year after
substitute
18 months after the
Minister’s powers in relation to draft plan variations
Section 76 (1) (a)substitute
(a)the Minister is given a draft plan variation under section 69 and—
(i)section 73A applies; or
(ii)section 74 (2) (b) applies; or
(iii)section 75 applies and the Minister decides to take action in accordance with this section; or
End of development approvals for lease variations
New section 185 (2) (b) (iia)insert
(iia)if, in relation to a decision under section 263 about the payout amount for a concessional lease, an application for review to the ACAT is made—the period of 2 years starting on the day the application is decided, withdrawn, dismissed or struck out; or
Decision on rent payout lease variation application
New section 272B (3A)insert
(3A)If the amount mentioned in subsection (2) (d) has not been paid within 12 months from the day the notice under subsection (3) is given, the authority’s decision to vary the lease is revoked.
New chapter 25
insert
Chapter 25Transitional—Planning and Environment Legislation Amendment Act 2019
Meaning of commencement day—ch 25
In this chapter:
commencement day means the day the Planning and Environment Legislation Amendment Act 2019, section 3 commences.
Defined period for draft plan variation to which section 72 applies
(1)This section applies to a draft plan variation to which section 72 (Effect of draft plan variations given to Minister) applies if the defined period for the draft plan variation—
(a)started before the commencement day; and
(b)did not end before the commencement day.
(2)The defined period, as in force on the commencement day, applies to the draft plan variation.
Decision on rent payout lease variation made before commencement day
(1)This section applies to a lessee if—
(a)before the commencement day, the authority decided under section 272B (Decision on rent payout lease variation application) to vary the lessee’s lease; and
(b)immediately before the commencement day, the amount mentioned in section 272B (2) (d) has not been paid.
(2)If the amount mentioned in section 272B (2) (d) has not been paid within 12 months from the commencement day, the authority’s decision to vary the lease is revoked.
(3)The planning and land authority must give a lessee to whom this section applies written notice of the operation of subsection (2) within 14 days after the commencement day.
Expiry—ch 25
This chapter expires 12 months after the commencement day.
NoteTransitional provisions are kept in the Act for a limited time. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).
Part 7Stock Act 2005
Disposing of impounded stock
Section 39 (2)omit
must
substitute
may
Endnotes
Presentation speech
Presentation speech made in the Legislative Assembly on 16 May 2019.
Notification
Notified under the Legislation Act on 8 August 2019.
Republications of amended laws
For the latest republication of amended laws, see certify that the above is a true copy of the Planning and Environment Legislation Amendment Bill 2019, which was passed by the Legislative Assembly on 30 July 2019.
Clerk of the Legislative Assembly
© Australian Capital Territory 2019
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