Planning and Environment Legislation Amendment Act 2020 (ACT)

Case

Planning and Environment Legislation Amendment Act 2020

A2020-22

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Animal Diseases Act 2005

4            Definitions—pt 5ASection 62A, definition of beekeeper  3

5            Sections 62B (2) (a) and 62I (e)  3

Part 3City Renewal Authority and Suburban Land Agency Act 2017

6            Appointment of authority CEONew section 28 (3A)  4

7           Appointment of agency CEONew section 56 (3A)  4

Part 4Fertilisers (Labelling and Sale) Act 1904

8            DictionarySection 1A, notes  5

9            Meaning of fertiliserSection 2  5

10          Vendor to give statementNew section 3 (4)  5

11          New section 4A  5

12          Dictionary, definition of fertiliser  6

Part 5Fisheries Act 2000

13          Declaration of possession limitSection 16A (2)  7

Part 6Gas Safety Act 2000

14          Construction occupations registrar may require information and documentsSection 38 (1)  8

15          Appointment of inspectorsSection 40 (3) (c)  8

Part 7Nature Conservation Act 2014

16          Sections 140 (1) (b) (ii) and 141 (1) (b) (ii)  9

17          Draft reserve management plan—planning reports and strategic environmental assessmentsSection 178  9

18          Offence—weapons and traps in reserveNew section 217 (2A)  9

19          Section 217 (4), new definition of landing net  9

20          Direction to leave reserveSection 325 (3)  9

Part 8Planning and Development Act 2007

21          Meaning of associated document—pt 3.6Section 30 (1) (g)  10

22          Form of development applicationsSection 139 (2) (s), except notes  10

23          Section 188 heading  10

24          Section 188 (2)  11

Part 9Utilities (Technical Regulation) Act 2014

25          New section 77A  12

Part 10Waste Management and Resource Recovery Act 2016

26          Section 14  13

27          Definitions—pt 10ASection 64B, definition of collection point operator  13

28          Section 64D  14

29          Content of network operator agreementsSection 64N (1)  14

Planning and Environment Legislation Amendment Act 2020

A2020-22

An Act to amend legislation about planning and the environment

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

Part 1Preliminary

  1. Name of Act

    This Act is the Planning and Environment Legislation Amendment Act 2020.

  2. 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)).

  3. Legislation amended

    This Act amends the following legislation:

    ·     Animal Diseases Act 2005

    ·     City Renewal Authority and Suburban Land Agency Act 2017

    ·     Fertilisers (Labelling and Sale) Act 1904

    ·     Fisheries Act 2000

    ·     Gas Safety Act 2000

    ·     Nature Conservation Act 2014

    ·     Planning and Development Act 2007

    ·     Utilities (Technical Regulation) Act 2014

    ·     Waste Management and Resource Recovery Act 2016.

Part 2Animal Diseases Act 2005

  1. Definitions—pt 5A
    Section 62A, definition of beekeeper

    substitute

    beekeeper means a person who owns beehives in which European honey bees (Apis mellifera) are kept.

  2. Sections 62B (2) (a) and 62I (e)

    omit

    Apiaries Act 1985 (NSW)

    substitute

    Biosecurity Act 2015 (NSW)

Part 3City Renewal Authority and Suburban Land Agency Act 2017

  1. Appointment of authority CEO
    New section 28 (3A)

    insert

    (3A)The chair of the authority board is a public sector employer in relation to the authority CEO for the Public Sector Management Act 1994, section 152 (Certain office-holders have management powers).

  2. Appointment of agency CEO
    New section 56 (3A)

    insert

    (3A)The chair of the agency board is a public sector employer in relation to the agency CEO for the Public Sector Management Act 1994, section 152 (Certain office-holders have management powers).

Part 4Fertilisers (Labelling and Sale) Act 1904

  1. Dictionary
    Section 1A, notes

    substitute

    Note 1The dictionary at the end of this Act defines certain terms used in this Act.

    Note 2A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

  2. Meaning of fertiliser
    Section 2

    omit

  3. Vendor to give statement
    New section 3 (4)

    insert

    (4)A vendor does not commit an offence under subsection (2) if the statement provided to the purchaser substantially complies with the code of practice approved under section 4A.

  4. New section 4A

    insert

4ACode of practice

(1)The Minister may approve a code of practice relating to fertiliser labelling for this Act.

(2)An approval is a disallowable instrument.

NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

  1. Dictionary, definition of fertiliser

    omit

Part 5Fisheries Act 2000

  1. Declaration of possession limit
    Section 16A (2)

    substitute

    (2)A declaration is a disallowable instrument.

    NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Part 6Gas Safety Act 2000

  1. Construction occupations registrar may require information and documents
    Section 38 (1)

    omit

    authority

    substitute

    registrar

  2. Appointment of inspectors
    Section 40 (3) (c)

    substitute

    (c)the construction occupations registrar has certified, in writing, that the registrar is satisfied that the person—

    (i)has satisfactorily completed adequate training; and

    (ii)is competent to exercise the functions of an inspector proposed to be given to the person.

Part 7Nature Conservation Act 2014

  1. Sections 140 (1) (b) (ii) and 141 (1) (b) (ii)

    omit

    growing

  2. Draft reserve management plan—planning reports and strategic environmental assessments
    Section 178

    omit

  3. Offence—weapons and traps in reserve
    New section 217 (2A)

    insert

    (2A)Subsection (1) does not apply to a person only because—

    (a)the person possesses or uses a landing net; and

    (b)the possession or use is for landing a fish that is already hooked.

    NoteThe defendant has an evidential burden in relation to the matters mentioned in s (2A) (see Criminal Code, s 58).

  4. Section 217 (4), new definition of landing net

    insert

    landing net means a net consisting of a hoop or ring that is attached to netting or other soft material and which is to be used for the purpose of landing a fish that is already hooked.

  5. Direction to leave reserve
    Section 325 (3)

    omit

Part 8Planning and Development Act 2007

  1. Meaning of associated document—pt 3.6
    Section 30 (1) (g)

    substitute

    (g)design advice and the response to that design advice, as required under section 139 (2) (s) to accompany the application;

  2. Form of development applications
    Section 139 (2) (s), except notes

    substitute

    (s)if the design review panel provided the proponent with design advice about the development proposal under section 138AM—be accompanied by—

    (i)the design advice; and

    (ii)the proponent’s response, in writing, to the design advice.

  3. Section 188 heading

    substitute

  4. Development approvals continue unless ended but may be extended

  5. Section 188 (2)

    substitute

    (2)On application made before the end of the development approval, or on its own initiative, the planning and land authority may extend the period under the approval for—

    (a)for an approval mentioned in section 184—the development or any stage of the development to start in accordance with the approval; or

    (b)for an approval mentioned in section 185—the lease to be varied in accordance with the approval; or

    (c)for an approval mentioned in section 186 or section 187—the use in accordance with the approval to begin or happen.

    (3)The planning and land authority may not extend a period under subsection (2) if the day on which the period ends, as extended, is more than 5 years after the day the development approval takes effect.

    (4)To remove any doubt, a development approval to which this section applies continues unless the approval ends in accordance with a section mentioned in subsection (1) (including any extension granted under subsection (2)).

    (5)The planning and land authority may make guidelines about the application of subsection (2).

    (6)A guideline is a notifiable instrument.

    NoteA notifiable instrument must be notified under the Legislation Act.

Part 9Utilities (Technical Regulation) Act 2014

  1. New section 77A

    insert

77ADelegation by technical regulator

The technical regulator may delegate the technical regulator’s functions to a public servant.

Part 10Waste Management and Resource Recovery Act 2016

  1. Section 14

    substitute

  2. Meaning of waste facility

    In this Act:

    waste facility—

    (a)means a site used by a waste management business for the storage, sorting, treatment, processing, or disposal of waste; but

    (b)does not include a reverse vending machine.

  3. Definitions—pt 10A
    Section 64B, definition of collection point operator

    substitute

    collection point operator, for a collection point, means—

    (a)if a collection point arrangement is in force for the collection point—the person who has entered into the collection point arrangement with a network operator for the collection point; or

    (b)if a collection point arrangement is not in force for the collection point—the network operator who administers and operates the collection point.

  4. Section 64D

    substitute

64DMeaning of collection point—pt 10A

In this part:

collection point means—

(a)a waste facility used for the collection and handling of containers delivered to the facility for payment of a refund amount; or

(b)sites used for the collection and transport of containers to a waste facility for sorting and processing; or

(c)a reverse vending machine.

  1. Content of network operator agreements
    Section 64N (1)

    omit

    establishment

    substitute

    administration

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 7 May 2020.

  2. Notification

    Notified under the Legislation Act on 10 June 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 Environment Legislation Amendment Bill 2020, which was passed by the Legislative Assembly on 4 June 2020.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2020

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