Planning and Land Act 2002 (ACT)

Planning and Land Act 2002 (repealed)

A2002-55

Republication No 9

Effective: 31 March 2008

Republication date: 31 March 2008

As repealed by A2007-24 s 428 (1) (e)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Planning and Land Act 2002 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 31 March 2008.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a)if the person charged is an individual—$100; or
(b)if the person charged is a corporation—$500.

Planning and Land Act 2002 (repealed)

Contents

Page

Chapter 1Preliminary

Name of Act 2
Dictionary 2
Notes 2
Offences against Act—application of Criminal Code etc 3
Object of Act 3

Chapter 2The authority and chief planning executive
Part 2.1The authority

Establishment of authority 4
Territory bound by actions of authority 4

Part 2.2Functions of authority

Authority functions 5
Authority to comply with directions 6

Part 2.3Operations of authority

Ministerial directions to authority 7
Assembly may recommend directions to authority 8
Statement of planning intent 8
Provision of planning services to others—ministerial approval 9
Reports by authority to Minister 9
Authority’s annual report 9
Delegations by authority 10

Part 2.4The chief planning executive

Appointment of chief planning executive 11
Chief planning executive’s employment conditions 11
Functions of chief planning executive 11
Suspension or ending of chief planning executive’s appointment 12

Part 2.5Authority staff and consultants

Authority staff 13
Authority consultants 13

Chapter 4The land agency
Part 4.1Establishment and functions of land agency

Establishment of land agency 14
Functions of land agency 14
Land agency functions to be exercised in accordance with directions 15

Part 4.2Financial and general land agency provisions

Proceeds of lease sale 16
Payment of funds to Territory 16
Liability for territory taxes 17
Ministerial directions to land agency 17
Territory to compensate land agency for cost of complying with directions 18
Committees 18
Land agency’s annual report 18
Delegation by land agency 19

Part 4.3Land agency governing board

Establishment of land agency board 20
Land agency board members 20

Part 4.4Land agency staff and consultants

Land agency staff 22
Land agency consultants 22

Chapter 5Miscellaneous

Meaning of sustainable development 23
Review of Act 23
Regulation-making power 24

Dictionary25
Endnotes

About the endnotes 26
Abbreviation key 26
Legislation history 27
Amendment history 28
Earlier republications 35

Planning and Land Act 2002 (repealed)

An Act relating to the use of land in the ACT, and for related purposes

Chapter 1Preliminary

Name of Act
This Act is the Planning and Land Act 2002.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act or in other legislation.
For example, the signpost definition ‘development—see the Land (Planning and Environment) Act 1991, section 222 (Definitions for pt 6).’ means that development is defined in that section and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) 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)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Object of Act
The object of this Act is to provide a planning and land system that contributes to the orderly and sustainable development of the ACT—
(a)consistently with the social, environmental and economic aspirations of the people of the ACT; and
(b)in accordance with sound financial principles.

Chapter 2The authority and chief planning executive
Part 2.1The authority

Establishment of authority
(1)The Planning and Land Authority is established.
(2)The authority—
(a)is a body corporate; and
(b)must have a seal.
(3)The chief planning executive is the authority.
Territory bound by actions of authority
Anything done in the name of, or for, the authority by the chief planning executive in exercising a function of the authority is taken to have been done for, and binds, the Territory.

Part 2.2Functions of authority

Authority functions
(1)The authority has the following functions:
(a)to administer the territory plan;
(b)to continually assess the territory plan and propose amendments as necessary;
(c)to plan and regulate the development of land;
(d)to advise on planning and land policy, including the broad spatial planning framework for the ACT;
(e)to maintain the digital cadastral database;
(f)to make available land information;
(g)to grant, administer, vary and end leases on behalf of the Executive;
NoteUnder the Land (Planning and Environment) Act 1991, s 160B, the planning and land authority is authorised to grant, on behalf of the Executive, leases the Executive may grant on behalf of the Commonwealth.
(h)to grant licences over unleased territory land;
(i)to decide applications for approval to undertake development;
(j)to regulate the building industry;
(k)to make orders under the Land (Planning and Environment) Act 1991, part 6 (Approvals and orders);
(l)to provide planning services, including services to entities outside the ACT;
NoteThe provision of planning services to somebody other than the Territory is subject to s 15 (Provision of planning services to others—ministerial approval).
(m)to review its own decisions;
(n)to ensure community consultation and participation in planning decisions;
(o)to promote public education and understanding of the planning process, including by providing easily accessible public information and documentation on planning and land use.
(2)The authority may exercise any other function given to the authority under this Act, another territory law or a Commonwealth law.
NoteA provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def of entity).
(3)The authority must exercise its functions—
(a)in a way that has regard to sustainable development; and
(b)taking into consideration the statement of planning intent.
NoteFor the meaning of sustainable development, see s 53. The statement of planning intent is dealt with in s 14.
(4)In this section:
digital cadastral database—see the Districts Act 2002, section 17.
Authority to comply with directions
The authority must comply with any directions given to the authority under this Act or another territory law.
NoteThe authority may be given directions by the Minister under s 12.

Part 2.3Operations of authority

Ministerial directions to authority
(1)The Minister may give a written direction to the authority—
(a)about the general policies the authority must follow; or
(b)requiring the authority to revise the territory plan, or a provision of the plan.
(2)Before giving a direction, the Minister must—
(a)tell the authority about the proposed direction; and
(b)give the authority reasonable opportunity to comment on the proposed direction; and
(c)consider any comment made by the authority.
(3)The Minister must—
(a)present a copy of a direction to the Legislative Assembly within 6 sitting days after the day it is given to the authority; and
(b)if the copy would not be presented to the Legislative Assembly under paragraph (a) within 14 days after the day it is given to the authority—give a copy of the direction to the members of the Legislative Assembly within the 14 days.
(4)If subsection (3) is not complied with, the direction is taken to have been revoked at the end of the period within which the copy of the direction should have been presented or given to members.
(5)A direction is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Assembly may recommend directions to authority
(1)The Legislative Assembly may, by resolution, recommend that the Minister give the authority a stated direction under section 12.
(2)The Minister must consider the recommended direction and must either—
(a)direct the authority under section 12; or
(b)tell the Legislative Assembly that the Minister does not propose to direct the authority as recommended.
(3)A direction mentioned in subsection (2) (a) may be in accordance with the Legislative Assembly’s resolution or as changed by the Minister.
Statement of planning intent
(1)The Minister may give the authority a written statement that sets out the main principles that are to govern planning and land development in the ACT (the statement of planning intent).
(2)The Minister must—
(a)present a copy of the statement of planning intent to the Legislative Assembly within 6 sitting days after the day it is given to the authority; and
(b)if the copy would not be presented to the Legislative Assembly under paragraph (a) within 14 days after the day it is given to the authority—give a copy of the statement to members of the Legislative Assembly within the 14 days.
(3)To remove any doubt, the statement of planning intent does not authorise a person to whom the Land (Planning and Environment) Act 1991, section 8 (Effect of plan) applies to do anything inconsistent with the plan.
Example
The statement of planning intent may include policy material inconsistent with the territory plan, but the plan would have to be amended before the policy could be implemented.
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Provision of planning services to others—ministerial approval
The authority may provide planning services to somebody other than the Territory only with the Minister’s written approval.
Reports by authority to Minister
(1)The authority must give the Minister a report, or information about its operations, required by the Minister.
(2)A report under this section must be prepared in the form (if any) that the Minister requires.
(3)This section is in addition to any other provision about the giving of reports or information by the authority.
Authority’s annual report
A report prepared by the authority under the Annual Reports (Government Agencies) Act 2004 for a financial year must include—
(a)a copy of any direction given to the authority under this Act or another territory law during the year; and
(b)a statement by the authority about action taken during the year to give effect to any direction given (whether before or during the year).
NoteFinancial year has an extended meaning in the Annual Reports (Government Agencies) Act 2004.
Delegations by authority
(1)The authority may delegate the authority’s functions under this Act or another territory law to a public servant who is an authority staff member.
(2)The authority may also delegate the function of granting leases on behalf of the Executive to the land agency.
NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

Part 2.4The chief planning executive

Appointment of chief planning executive
(1)The Executive must appoint a person to be the Chief Planning Executive.
Note 1For the making of appointments generally, see the Legislation Act, div 19.3.
Note 2A power to appoint a person to a position includes power to appoint a person to act in the position (see Legislation Act, s 209).
(2)However, the Executive must not appoint a person under subsection (1) unless satisfied that the person has the management and planning experience or expertise to exercise the functions of the chief planning executive.
(3)An appointment must be for a term of not longer than 5 years.
NoteA person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 (1) (c)).
(4)An appointment is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Chief planning executive’s employment conditions
The chief planning executive’s conditions of appointment are the conditions agreed between the Executive and the chief planning executive, subject to any determination under the Remuneration Tribunal Act 1995.
Functions of chief planning executive
The chief planning executive may exercise the functions given to the chief planning executive under this Act or another territory law.
Suspension or ending of chief planning executive’s appointment
(1)The Executive may suspend the chief planning executive from duty—
(a)for misbehaviour; or
(b)for physical or mental incapacity, if the incapacity affects the exercise of the chief planning executive’s functions; or
(c)if the chief planning executive is convicted, in Australia or elsewhere, of an offence punishable by imprisonment for at least 1 year.
(2)The Minister must present to the Legislative Assembly a statement of the reasons for the suspension on the first sitting day after the day the chief planning executive is suspended.
(3)If, within 6 sitting days after the day the statement is presented, the Legislative Assembly resolves to require the Executive to end the chief planning executive’s appointment, the Executive must end the chief planning executive’s appointment.
(4)The chief planning executive’s suspension ends—
(a)if the Minister does not comply with subsection (2)—at the end of the day the Minister should have presented to the Legislative Assembly the statement mentioned in that subsection; or
(b)if the Assembly does not pass a resolution mentioned in subsection (3) within the 6 sitting days—at the end of the 6th sitting day.
(5)The chief planning executive is entitled to be paid salary and allowances while suspended.
NoteAn appointment also ends if the appointee resigns (see Legislation Act, s 210).

Part 2.5Authority staff and consultants

Authority staff
The authority’s staff must be employed under the Public Sector Management Act 1994.
Authority consultants
(1)The authority may engage consultants.
(2)However, the authority must not enter into a contract of employment under this section.

Chapter 4The land agency

Part 4.1Establishment and functions of land agency
Note for pt 4.1

The governance of territory authorities, including the land agency, is regulated by the Financial Management Act 1996 (the FMA), pt 9 as well as the Act that establishes them.
The FMA, pt 9 deals, for example, with the corporate status of territory authorities and their powers, the make-up of governing boards, the responsibilities of the governing board and board members, how governing board positions can be ended, meetings of governing boards and conflicts of interest.

Establishment of land agency
The Land Development Agency (the land agency) is established.
Functions of land agency
(1)The land agency has the following functions:
(a)to develop land;
(b)to carry out works for the development and enhancement of land;
(c)to carry out strategic or complex urban development projects.
(2)The land agency may exercise any other function given to the land agency under this Act or another territory law.
(3)The land agency may exercise its functions—
(a)alone; or
(b)through subsidiaries, joint ventures or trusts; or
(c)by holding shares in, or other securities of, corporations.
(4)The land agency must exercise its functions—
(a)in accordance with the objectives of the territory plan; and
(b)in accordance with the latest statement of intent for the land agency.
Note 1The land agency is required to prepare a statement of intent under the Financial Management Act 1996.
Note 2A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
Land agency functions to be exercised in accordance with directions
The land agency must comply with directions given to the land agency under this Act or another territory law.
NoteThe land agency may be given a direction under s 44.

Part 4.2Financial and general land agency provisions
Note for pt 4.2

The land agency must not give a guarantee without the Treasurer’s approval (see Financial Management Act 1996, s 60).

Proceeds of lease sale
Consideration received by the land agency for the sale of a lease of land is income of the land agency.

Payment of funds to Territory
(1)The Treasurer may, in writing, direct the land agency to pay to the Territory—
(a)the amount stated in the direction; or
(b)an amount calculated in the way stated in the direction.
(2)The Treasurer may also direct the land agency, in a direction under subsection (1) or another instrument, about—
(a)how payment is to be made; and
(b)when payment is to be made; and
(c)the conditions relating to payment.
(3)In giving a direction under subsection (1), the Treasurer must have regard to—
(a)the land agency’s assets and liabilities; and
(b)the land agency’s income and expenditure; and
(c)the land agency’s ability to exercise its functions; and
(d)the requirement that the Territory obtain a reasonable return from the development and disposal of land.
(4)The Treasurer must—
(a)present a copy of a direction under subsection (1) to the Legislative Assembly within 6 sitting days after the day it is given to the land agency; and
(b)if the copy would not be presented to the Legislative Assembly under paragraph (a) within 14 days after the day it is given to the land agency—give a copy of the direction to the members of the Legislative Assembly within the 14 days.
(5)If subsection (4) is not complied with, the direction is taken to have been revoked at the end of the period within which the copy of the direction should have been presented or given to members.
Liability for territory taxes
This Act does not exempt the land agency from liability for a tax under any other territory law.
Ministerial directions to land agency
(1)The Minister may give written directions to the land agency about the principles that are to govern the exercise of its functions.
(2)Before giving a direction, the Minister must—
(a)tell the land agency about the proposed direction; and
(b)give the land agency reasonable opportunity to comment on the proposed direction; and
(c)consider any comments made by the land agency.
(3)A direction is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(4)A direction must be notified under the Legislation Act within 14 days after the day it is made.
(5)If subsection (4) is not complied with, the direction is taken to have been revoked at the end of the 14 days.
Territory to compensate land agency for cost of complying with directions
(1)The Territory must pay to the land agency the reasonable net cost of complying with a direction under section 44.
(2)The amount payable under subsection (1) is the amount agreed between the land agency and the Treasurer or, failing agreement, the amount decided by the Chief Minister.
Committees
(1)The land agency board—
(a)must establish an audit committee; and
(b)may establish any other committee; and
(c)may appoint land agency board members and other people to committees.
(2)However, the chief executive officer must not be appointed a member of the audit committee.
(3)Also, the chairperson of the audit committee must be a land agency board member.
(4)The procedures of a committee are decided by the land agency board or, if there is no relevant decision of the board, by the committee.
Land agency’s annual report
A report prepared by the land agency under the Annual Reports (Government Agencies) Act 2004 for a financial year must include—
(a)a copy of any direction given under section 44 (Ministerial directions to land agency) during the year; and
(b)a statement by the land agency about action taken during the year to give effect to any direction given (whether before or during the year) under that section.
NoteFinancial year has an extended meaning in the Annual Reports (Government Agencies) Act 2004.
Delegation by land agency
The land agency may delegate its functions, including functions delegated to it by the authority, to the chief executive officer or a land agency staff member.
NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

Part 4.3Land agency governing board

Establishment of land agency board
The land agency has a governing board (the land agency board).
Land agency board members
(1)The land agency board has at least 5, but not more than 8, members.
Note 1A chair and deputy chair of the governing board must be appointed under the Financial Management Act 1996, s 79.
Note 2The chief executive officer of the corporation is a member of the governing board (see Financial Management Act 1996, s 80 (4)).
(2)The Minister must try to ensure that the following disciplines and areas of expertise are represented among the members appointed:
(a)land development;
(b)economics;
(c)public law;
(d)finance or accounting;
(e)public administration;
(f)engineering.
(3)The following people must not be appointed as members of the land agency board:
(a)the chief planning executive;
(b)a member of the authority staff.
(4)The appointment of a member, other than the chief executive officer, must be for a term of not longer than 4 years.
NoteA person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).

Part 4.4Land agency staff and consultants

Land agency staff
The land agency’s staff must be employed under the Public Sector Management Act 1994.
NoteThe Public Sector Management Act 1994, s 24 provides that the chief executive officer of a territory instrumentality has all the powers of a chief executive under the Act in relation to the instrumentality staff to be employed under that Act (including, for example, in relation to the appointment of people to, or the employment of people for, that staff). Under that Act, dict, def chief executive officer, the chief executive officer of an instrumentality is the person who has responsibility for managing its affairs.
Land agency consultants
(1)The land agency may engage consultants.
(2)However, the land agency must not enter into a contract of employment under this section.

Chapter 5Miscellaneous

Meaning of sustainable development
For this Act:
sustainable development means the effective integration of social, economic and environmental considerations in decision-making processes, achievable through implementation of the following principles:
(a)the precautionary principle;
(b)the inter-generational equity principle;
(c)conservation of biological diversity and ecological integrity;
(d)appropriate valuation and pricing of environmental resources.
the inter-generational equity principle means that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations.
the precautionary principle means that, if there is a threat of serious or irreversible environmental damage, a lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.
Review of Act
(1)The Minister must begin a review of the operation and effectiveness of this Act not later than 31 December 2006.
(2)The Minister must ensure that, during the review, regard is had to—
(a)the effectiveness of the operations of the entities established by this Act; and
(b)the need for the continuation of the existence of each entity; and
(c)the need for the continuation of this Act.
(3)The Minister must also consider anything else that seems to the Minister to be relevant to the operation and effectiveness of this Act.
(4)The Minister must prepare a report based on the review and must, as soon as practicable, present a copy to the Legislative Assembly.
(5)This section expires on 31 December 2008.
Regulation-making power
The Executive may make regulations for this Act.
NoteA regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Dictionary

(see s 3)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
·commissioner for revenue
·corporation
·function
·person
·territory plan.

authority means the Planning and Land Authority established under section 7 (1).
chief executive officer means the chief executive officer of the land agency.
chief planning executive—see section 19 (Appointment of chief planning executive).
development—see the Land (Planning and Environment) Act 1991, section 222 (Definitions for pt 6).
joint venture includes partnership and arrangement for sharing profit.
land agency means the Land Development Agency.
land agency board means the governing board of the land agency.
land agency board member means a member of the land agency board.
statement of planning intent—see section 14 (Statement of planning intent).
sustainable development—see section 53.
tax includes duty, fee or charge.

Endnotes

About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key

am = amended ord = ordinance

amdt = amendment orig = original

ch = chapter par = paragraph/subparagraph

def = definition pres = present

dict = dictionary prev = previous

disallowed = disallowed by the Legislative (prev...) = previously

Assembly pt = part

div = division r = rule/subrule

exp = expires/expired renum = renumbered

Gaz = gazette reloc = relocated

hdg = heading R[X] = Republication No

IA = Interpretation Act 1967 RI = reissue

ins = inserted/added s = section/subsection

LA = Legislation Act 2001 sch = schedule

LR = legislation register sdiv = subdivision

LRA = Legislation (Republication) Act 1996 sub = substituted

mod = modified/modification SL = Subordinate Law

o = order underlining = whole or part not commenced

om = omitted/repealed or to be expired

Legislation history
Planning and Land Act 2002 A2002-55
notified LR 20 December 2002
s 1, s 2 commenced 20 December 2002 (LA s 75 (1))

remainder commenced 1 July 2003 (s 2)
as amended by
Planning and Land Legislation Amendment Act 2003 A2003-30 pt 2 and sch 1 pt 1.2
notified LR 30 June 2003
s 1, s 2 commenced 30 June 2003 (LA s 75 (1))
pt 2 and sch 1 pt 1.2 commenced 1 July 2003 (s 2 and see A2002-55, s 2)

Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1 pt 1.26
notified LR 19 March 2004
s 1, s 2 commenced 19 March 2004 (LA s 75 (1))
sch 1 pt 1.26 commenced 13 April 2004 (s 2 and see Annual Reports (Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5)
Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.45
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 3 pt 3.45 commenced 2 June 2005 (s 2 (1))
Public Sector Management Amendment Act 2005 (No 2) A2005‑44 sch 1 pt 1.5
notified LR 30 August 2005
s 1, s 2 commenced 30 August 2005 (LA s 75 (1))

sch 1 pt 1.5 commenced 8 September 2005 (s 2 and CN2005-19)
Financial Management Legislation Amendment Act 2005 A2005-52 sch 1 pt 1.16
notified LR 26 October 2005
s 1, s 2 commenced 26 October 2005 (LA s 75 (1))
sch 1 pt 1.16 commenced 1 January 2006 (s 2 (2))
Administrative (Miscellaneous Amendments) Act 2006 A2006-30 sch 1 pt 1.9
notified LR 16 June 2006
s 1, s 2 commenced 16 June 2006 (LA s 75 (1))
sch 1 pt 1.9 commenced 1 July 2006 (s 2 (1))
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.76
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.76 commenced 12 April 2007 (s 2 (1))
as repealed by
Planning and Development Act 2007 A2007-24 s 428
notified LR 13 September 2007
s 1, s 2 commenced 13 September 2007 (LA s 75 (1))

s 428 commenced 31 March 2008 (s 2 and CN2008-1)
Amendment history
Commencement
s 2om LA s 89 (4)
Authority functions
s 9am A2005-52 amdt 1.215; A2006-30 amdt 1.73; pars renum R7 LA
Asking council’s advice
s 11om A2006-30 amdt 1.74
Appointment of chief planning executive
s 19am A2006-30 amdt 1.75
Authority’s annual report
s 17sub A2004-9 amdt 1.34
Authority staff
s 23sub A2005-44 amdt 1.6
The council
ch 3 hdgom A2006-30 amdt 4.76
Establishment, constitution and functions
pt 3.1 hdgom A2006-30 amdt 1.76
Establishment of council
s 25om A2006-30 amdt 1.76
Constitution of council
s 26om A2006-30 amdt 1.76
Functions of council
s 27om A2006-30 amdt 1.76
Council membership
pt 3.2 hdgom A2006-30 amdt 1.76
Council members
s 28om A2006-30 amdt 1.76
Ending of council members’ appointments
s 29om A2006-30 amdt 1.76
Calling council meetings
s 30om A2006-30 amdt 1.76
Council meetings
s 31om A2006-30 amdt 1.76
Council resolutions
s 32om A2006-30 amdt 1.76
Minimum number for council meetings
s 33om A2006-30 amdt 1.76
Voting at council meetings
s 34om A2006-30 amdt 1.76
Minutes of council proceedings
s 35om A2006-30 amdt 1.76
Disclosure of interests by council members
s 36om A2006-30 amdt 1.76
Reporting of disclosed interests to Minister
s 37am A2005-20 amdt 3.326
om A2006-30 amdt 1.76
Establishment and functions of land agency
pt 4.1 hdgam A2005-52 amdt 1.216
Establishment of land agency
s 38sub A2005-52 amdt 1.217
Functions of land agency
s 39am A2005-52 amdt 1.218
Land agency functions to be exercised in accordance with directions
s 40am A2005-52 amdt 1.219
Financial and general land agency provisions
pt 4.2 hdgsub A2005-52 amdt 1.221
Introductory concepts
div 4.2.1 hdg        om A2005-52 amdt 1.222
Land agency business plans
div 4.2.2 hdg        om A2005-52 amdt 1.223
Land agency financial provisions
div 4.2.3 hdg        om A2005-52 amdt 1.224
Proceeds of lease sale
s 41orig s 41 om A2005-52 amdt 1.220
(prev s 47) renum A2005-52 amdt 1.225
Payment of funds to Territory
s 42orig s 42 om A2005-52 amdt 1.220
(prev s 48) am A2003-30 amdt 1.10, amdt 1.11
renum A2005-52 amdt 1.225
Liability for territory taxes
s 43orig s 43 om A2005-52 amdt 1.220
(prev s 49) renum A2005-52 amdt 1.225
Ministerial directions to land agency
s 44orig s 44 om A2005-52 amdt 1.222
(prev s 52) am A2005-52 amdt 1.229
renum A2005-52 amdt 1.231
Territory to compensate land agency for cost of complying with directions
s 45orig s 45 om A2005-52 amdt 1.223
(prev s 53) am A2005-52 amdt 1.230
renum A2005-52 amdt 1.231
Committees
s 46orig s 46 om A2005-52 amdt 1.223
(prev s 54) renum A2005-52 amdt 1.231
Proceeds of lease sale
s 47orig s 47 renum as s 41
(prev s 55) sub A2004-9 amdt 1.35
am A2005-52 amdt 1.230
renum A2005-52 amdt 1.231
Payment of funds to Territory
s 48orig s 48 renum as s 42
(prev s 56) am A2003-30 s 4
renum A2005-52 amdt 1.231
Establishment of land agency board
s 49orig s 49 renum as s 43
(prev s 57) sub and renum A2005-52 amdt 1.233
Land agency board members
s 50orig s 50 om A2005-52 amdt 1.226
(prev s 58) sub and renum A2005-52 amdt 1.233
General
div 4.2.4 hdg        om A2005-52 amdt 1.227
Land agency staff
s 51orig s 51 om A2005-52 amdt 1.228
(prev s 72) sub A2005-44 amdt 1.7
am A2005-52 amdt 1.239
renum A2005-52 amdt 1.240
am A2007-3 amdt 3.407
Land agency consultants
s 52orig s 52 renum as s 44
(prev s 73) renum A2005-52 amdt 1.240
Meaning of sustainable development
s 53orig s 53 renum as s 45
(prev s 74) renum A2005-52 amdt 1.240
Committees
s 54orig s 54 renum as s 46
(prev s 76) renum A2005-52 amdt 1.242
exp 31 December 2008 (s 54 (5))
Land agency’s annual report
s 55orig s 55 renum as s 47
(prev s 77) renum A2005-52 amdt 1.242
Delegation by land agency
s 56renum as s 48
Land agency governing board
pt 4.3 hdgsub A2005-52 amdt 1.232
Constitution of land agency
s 57sub and renum as s 49
Land agency board
s 58sub and renum as s 50
Appointment of land agency board members
s 59om A2005-52 amdt 1.234
Honesty, care and diligence of land agency board members
s 60om A2005-52 amdt 1.234
Ending of land agency board members’ appointments
s 61om A2005-52 amdt 1.234
Land agency staff and consultants
pt 4.4 hdgorig pt 4.4 hdg om A2005-52 amdt 1.235
(prev pt 4.5 hdg) sub and renum A2005-52 amdt 1.236
Calling land agency board meetings
s 62om A2005-52 amdt 1.235
Procedure at land agency board meetings
s 63om A2005-52 amdt 1.235
Land agency board resolutions
s 64om A2005-52 amdt 1.235
Minimum number for land agency board meetings
s 65om A2005-52 amdt 1.235
Voting at land agency board meetings
s 66om A2005-52 amdt 1.235
Minutes of land agency board proceedings
s 67om A2005-52 amdt 1.235
Disclosure of interests by land agency board members
s 68om A2005-52 amdt 1.235
Reporting of disclosed interests to Minister
s 69om A2005-52 amdt 1.235
Land agency chief executive officer, staff and consultants
pt 4.5 hdgsub and renum as pt 4.4 hdg
Land agency chief executive officer
div 4.5.1 hdg        om A2005-52 amdt 1.237
Appointment of chief executive officer
s 70om A2005-52 amdt 1.237
Functions of chief executive officer
s 71om A2005-52 amdt 1.237
Land agency staff and consultants
div 4.5.2 hdg        om A2005-52 amdt 1.238
Land agency staff
s 72renum as s 51
Land agency consultants
s 73renum as s 52
Meaning of sustainable development
s 74renum as s 53
Abuse of position
s 75am A2003-30 amdt 1.12
om A2005-52 amdt 1.241
Review of Act
s 76renum as s 54
Regulation-making power
s 77renum as s 55
Transitional provisions
ch 6 hdgins A2003-30 s 4
exp 1 July 2004 (s 86)
Interpretation
pt 6.1 hdg ins A2003-30 s 4
exp 1 July 2004 (s 86)
Definitions for ch 6
s 78 ins A2003-30 s 4
exp 1 July 2004 (s 86)
Assets, rights and liabilities
pt 6.2 hdg ins A2003-30 s 4
exp 1 July 2004 (s 86)
Vesting of assets, rights and liabilities
s 79 ins A2003-30 s 4
exp 1 July 2004 (s 86)
Registration of changes in ownership of certain assets
s 80 ins A2003-30 s 4
exp 1 July 2004 (s 86)
Evidentiary certificate for vested assets and liabilities
s 81 ins A2003-30 s 4
exp 1 July 2004 (s 86)
Proceedings and evidence
s 82 ins A2003-30 s 4
exp 1 July 2004 (s 86)
Reports and financial statements of repealed authorities
pt 6.3 hdgins A2003-30 s 4
exp 1 July 2004 (s 86)
Continuation of repealed authorities for annual reports
s 83 ins A2003-30 s 4
exp 1 July 2004 (s 86)
Continuation of repealed authorities CEOs for certain purposes
s 84 ins A2003-30 s 4
exp 1 July 2004 (s 86)
Other provisions
pt 6.4 hdgins A2003-30 s 4
exp 1 July 2004 (s 86)
Transitional regulations
s 85 ins A2003-30 s 4
exp 1 July 2004 (s 86)
Expiry of ch 6
s 86 ins A2003-30 s 4
exp 1 July 2004 (s 86)
Dictionary
dictdef business plan om A2005-52 amdt 1.243
def chief executive officer sub A2005-52 amdt 1.243
def council om A2006-30 amdt 1.77
def council chairperson om A2006-30 amdt 1.77
def council deputy chairperson om A2006-30 amdt 1.77
def council member om A2006-30 amdt 1.77
def land agency sub A2005-52 amdt 1.244
def land agency board sub A2005-52 amdt 1.244
def land agency board member sub A2005-52 amdt 1.244
def land agency chairperson om A2005-52 amdt 1.244
def land agency deputy chairperson om A2005-52 amdt 1.244
def sustainable development sub A2005-52 amdt 1.245

Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No and date

Effective

Last amendment made by

Republication for

R1 (RI)
3 July 2003 3 July 2003–
12 Apr 2004 A2003-30 new Act and amendments by A2003-30
reissue for textual correction in s 56

R2
13 Apr 2004 13 Apr 2004–
1 July 2004 A2004-9 amendments by A2004-9

R3
2 July 2004 2 July 2004–
1 June 2005 A2004-9 commenced expiry

R4
2 June 2005 2 June 2005–
7 Sept 2005 A2005-20 amendments by A2005-20

R5
8 Sept 2005 8 Sept 2005–
31 Dec 2005 A2005-44 amendments by A2005-44

R6
1 Jan 2006 1 Jan 2006–
30 June 2006 A2005-52 amendments by A2005-52

R7
1 July 2006 1 July 2006–
11 Apr 2007 A2006-30 amendments by A2006-30

R8
12 Apr 2007 12 Apr 2007–
30 Mar 2008 A2007-3 amendments by A2007-3

Republication No and date	Effective	Last amendment made by	Republication for
R1 (RI) 3 July 2003	3 July 2003– 12 Apr 2004	A2003-30	new Act and amendments by A2003-30 reissue for textual correction in s 56
R2 13 Apr 2004	13 Apr 2004– 1 July 2004	A2004-9	amendments by A2004-9
R3 2 July 2004	2 July 2004– 1 June 2005	A2004-9	commenced expiry
R4 2 June 2005	2 June 2005– 7 Sept 2005	A2005-20	amendments by A2005-20
R5 8 Sept 2005	8 Sept 2005– 31 Dec 2005	A2005-44	amendments by A2005-44
R6 1 Jan 2006	1 Jan 2006– 30 June 2006	A2005-52	amendments by A2005-52
R7 1 July 2006	1 July 2006– 11 Apr 2007	A2006-30	amendments by A2006-30
R8 12 Apr 2007	12 Apr 2007– 30 Mar 2008	A2007-3	amendments by A2007-3

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Citations

Planning and Land Act 2002 (ACT)

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0

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	pt = part
div = division	r = rule/subrule
exp = expires/expired	renum = renumbered
Gaz = gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired