Planning, Building and Environment Legislation Amendment Act 2013 (ACT)

Case

Planning, Building and Environment Legislation Amendment Act 2013

A2013-15

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

4            Legislation repealed  3

Part 2Building Act 2004

5            Certificates of occupancySection 69 (4) (b)  4

6            New section 69 (4) (c)  4

Part 3Building (General) Regulation 2008

7           Exemption from part of ActSchedule 1, part 1.3, item 25, column 4  5

Part 4Construction Occupations (Licensing) Regulation 2004

8            Services that may be provided without licenceSection 35 (3), definition of relevant asbestos qualification                   6

Part 5Districts Act 2002

9            Divisions, sections and blocksSection 6 (3) and note  7

Part 6Electricity Safety Regulation 2004

10          Section 2  8

Part 7Planning and Development Act 2007

11          Draft plan variations to be given to Minister etcSection 69 (2) (b)  9

12          Form of development applicationsSection 139 (2) (b) (ii)  9

13          EIS not required if development application exemptedSection 211 (5)  10

14          Extension of time to commence or complete works—required feeSection 298C (3), definition of period of extension  10

Part 8Planning and Development Regulation 2008

15          When development approvals do not require amendment—Act, s 198C (3)Section 35, new note  11

16          Section 51 heading  11

Part 9Public Place Names Act 1989

17          Meaning of public placeSection 2, definition of public place  12

18          Minister to determine namesSection 3 (1)  12

19          Dictionary, new definition of division  12

Part 10Unit Titles Act 2001

20          Reviewable decisionsSchedule 1, item 1  13

Part 11Water Resources Act 2007

21          Water access entitlement—special provision for certain entitlements based on surviving allocations etcSection 25 (1), new note  14

Planning, Building and Environment Legislation Amendment Act 2013

A2013-15

An Act to amend legislation about planning, building and the environment, and for other purposes

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

Part 1Preliminary

  1. Name of Act

    This Act is the Planning, Building and Environment Legislation Amendment Act 2013.

  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:

    ·     Building Act 2004

    ·     Building (General) Regulation 2008

    ·     Construction Occupations (Licensing) Regulation 2004

    ·     Districts Act 2002

    ·     Electricity Safety Regulation 2004

    ·     Planning and Development Act 2007

    ·     Planning and Development Regulation 2008

    ·     Public Place Names Act 1989

    ·     Unit Titles Act 2001

    ·     Water Resources Act 2007.

  4. Legislation repealed

    (1)The following legislation is repealed:

    ·     Electricity (Greenhouse Gas Emissions) Act 2004 (A2004-71)

    ·     Electricity (Greenhouse Gas Emissions) Regulation 2004 (SL2004-60).

    (2)All other legislative instruments under the Electricity (Greenhouse Gas Emissions) Act 2004 are repealed.

Part 2Building Act 2004

  1. Certificates of occupancy
    Section 69 (4) (b)

    omit

    signed by an inspector

  2. New section 69 (4) (c)

    before the note, insert

    (c)a certificate under the Gas Safety Act 2000 that the gas fitting work carried out in building work complies with the prescribed requirements for the building work relating to gas fitting work is evidence of the fact.

Part 3Building (General) Regulation 2008

  1. Exemption from part of Act
    Schedule 1, part 1.3, item 25, column 4

    omit

    s 47

    substitute

    s 48

Part 4Construction Occupations (Licensing) Regulation 2004

  1. Services that may be provided without licence
    Section 35 (3), definition of relevant asbestos qualification

    substitute

    relevant asbestos qualification means a qualification declared under the Building (General) Regulation 2008, section 48 (2).

Part 5Districts Act 2002

  1. Divisions, sections and blocks
    Section 6 (3) and note

    substitute

    NoteThe Minister must determine a distinguishing name for each division—see the Public Place Names Act 1989, s 3 (1) (a).

Part 6Electricity Safety Regulation 2004

  1. Section 2

    substitute

  2. Exemption from inspection etc—Act, s 4 (2)

    The wiring or a component of an electrical installation for a lift or escalator being installed on the load side of a circuit-breaker in the motor room for the lift or escalator is a prescribed circumstance.

Part 7Planning and Development Act 2007

  1. Draft plan variations to be given to Minister etc
    Section 69 (2) (b)

    substitute

    (b)a written report setting out the issues raised in any consultation comments about the variation; and

  2. Form of development applications
    Section 139 (2) (b) (ii)

    substitute

    (ii)if the land to which the application relates is public land or unleased land—

    (A)if the development is a driveway verge crossing for a single or dual occupancy development—the custodian for the land or the planning and land authority; or

    (B)in any other case—the custodian for the land; or

  3. EIS not required if development application exempted
    Section 211 (5)

    substitute

    (5)An exemption expires—

    (a)if the other study is an environmental impact statement prepared under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth), part 8 (Assessing impacts of controlled actions) and approval of action in relation to the development has been given under that Act, part 9 (Approval of actions)—when the approval expires, or 18 months after the day the exemption is notified, whichever happens later; or

    (b)if the other study is an endorsed policy, plan or program under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth), part 10 (Strategic assessments) and approval of action in relation to the development has been given under that Act, part 10—when the approval expires, or 18 months after the day the exemption is notified, whichever happens later; or

    (c)in any other case—18 months after the day it is notified.

  4. Extension of time to commence or complete works—required fee
    Section 298C (3), definition of period of extension

    substitute

    period of extension means—

    (a)the period of extension approved under section 298B (Extension of time to commence or complete works); or

    (b)if an application seeks extensions for 2 or more building and development provisions in a lease—the longest of the extensions sought and approved.

Part 8Planning and Development Regulation 2008

  1. When development approvals do not require amendment—Act, s 198C (3)
    Section 35, new note

    after subsection (4), insert

    NoteExempt developments—see the Act, s 133 and this regulation, s 20.

  2. Section 51 heading

    substitute

  3. Entities relevant for preparation of scoping documents—Act, s 212 (4)

Part 9Public Place Names Act 1989

  1. Meaning of public place
    Section 2, definition of public place

    substitute

    public place includes an avenue, road, street, geographical feature or place that the public is entitled to use, and any unleased land.

  2. Minister to determine names
    Section 3 (1)

    substitute

    (1)The Minister—

    (a)must determine the name of a division of Territory land; and

    (b)may determine the name of a public place that is Territory land.

  3. Dictionary, new definition of division

    insert

    division, in relation to land means a division under the Districts Act 2002, section 6.

Part 10Unit Titles Act 2001

  1. Reviewable decisions
    Schedule 1, item 1

    substitute

1 20 (6) refusal to approve a unit title application on the grounds of inconsistency with the heritage register lessee of the parcel

Part 11Water Resources Act 2007

  1. Water access entitlement—special provision for certain entitlements based on surviving allocations etc
    Section 25 (1), new note

    insert

    Note 2Section 202 was in pt 20 (Transitional) which expired in 2008.  A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 11 April 2013.

  2. Notification

    Notified under the Legislation Act on 21 May 2013.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Planning, Building and Environment Legislation Amendment Bill 2013, which was passed by the Legislative Assembly on 7 May 2013.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2013

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