Planning, Building and Environment Legislation Amendment Act 2013 (No 2) (ACT)

Case

Planning, Building and Environment Legislation Amendment Act 2013 (No 2)

A2013-40

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Environment Protection Act 1997

4            Section 13  3

5            Dictionary, note 2  3

Part 3Environment Protection Regulation 2005

6            Sections 34 to 36  4

Part 4Lakes Act 1976

7           Schedule 1  5

8            Dictionary, definition of foreshores  5

9            Dictionary, definition of lake  5

10          Dictionary, definition of Lake Ginninderra  5

Part 5Planning and Development Act 2007

11          What is an estate development plan?Section 94 (3) (g) and examples and note  6

12          When development approval takes effect—reconsideration and review rightSection 183 (2)  7

13          ACAT review—people who made representations etcNew section 409 (2) (c)  7

14          Section 409 (4)  8

Part 6Planning and Development Regulation 2008

15          Permitted variations to approved and exempt developmentsSchedule 1A, part 1A.2, section 1A.10 (4)  9

16          Schedule 1A, part 1A.2, section 1A.11 (4)  9

Part 7Public Place Names Act 1989

17          Minister to determine namesNew section 3 (2A)  10

18          New section 4A  10

Part 8Utilities Act 2000

19          Dictionary, definition of customer contract, new paragraph (c)              11

Planning, Building and Environment Legislation Amendment Act 2013 (No 2)

A2013-40

An Act to amend legislation about planning, building 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, Building and Environment Legislation Amendment Act 2013 (No 2).

  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 following legislation:

    ·     Environment Protection Act 1997

    ·     Environment Protection Regulation 2005

    ·     Lakes Act 1976

    ·     Planning and Development Act 2007

    ·     Planning and Development Regulation 2008

    ·     Public Place Names Act 1989

    ·     Utilities Act 2000.

Part 2Environment Protection Act 1997

  1. Section 13

    substitute

  2. Delegation by authority

    The authority may delegate the authority’s functions under this Act or another territory law to—

    (a)a public servant; or

    (b)an officer or employee of a State or Commonwealth agency, if the functions of the State or Commonwealth agency relate, directly or indirectly, to the protection of the environment in the State or Commonwealth.

    Note 1State includes the Northern Territory (see Legislation Act, dict, pt 1).

    Note 2For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

    Note 3In exercising the delegation, the delegate is subject to any conditions, limitations or directions in the instrument making or evidencing the delegation (see Legislation Act, s 239).

  3. Dictionary, note 2

    insert

    ·     Commonwealth

Part 3Environment Protection Regulation 2005

  1. Sections 34 to 36

    omit

    a compliance point, the stated point is the compliance point

    substitute

    1 or more compliance points, each stated point is a compliance point

Part 4Lakes Act 1976

  1. Schedule 1

    omit

  2. Dictionary, definition of foreshores

    substitute

    foreshores, in relation to a lake—

    (a)means the area of land bounded by the level of the lake and an imaginary line drawn at a distance of 100m from the high water level of the lake; but

    (b)does not include land held under lease from the Commonwealth or occupied with the authority of the Territory or the Commonwealth or under a law in force in the ACT.

  3. Dictionary, definition of lake

    omit

    , Lake Ginninderra

  4. Dictionary, definition of Lake Ginninderra

    omit

Part 5Planning and Development Act 2007

  1. What is an estate development plan?
    Section 94 (3) (g) and examples and note

    substitute

    (g)a provision, which is consistent with the territory plan, that is proposed to apply to the ongoing development of a block in the estate (an ongoing provision) that—

    (i)relates to the subject matter addressed by an existing mandatory rule or criteria applying to the block; and

    (ii)does not permit the development of the block in a way that would not be permitted by the existing mandatory rule or criteria.

    Example—par (c)

    An area zoned for community purposes may be stated in an estate development plan to be proposed for a primary school.

    Examples—par (g)

    1     a building requirement in relation to potential bushfire attack

    2     building envelopes

    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).

    (4)In this section:

    mandatory rule, in relation to a code, means a rule that is described in the code as being mandatory.

  2. When development approval takes effect—reconsideration and review right
    Section 183 (2)

    substitute

    (2)The approval of the development application takes effect on the latest of the following days:

    (a)the day the approval would take effect under this division if—

    (i)the substituted decision were the original decision; and

    (ii)there were no application for reconsideration;

    (b)the day after the day the substituted decision is made;

    (c)if an application for review has been made in relation to the substituted decision—

    (i)the day that the decision by the ACAT in relation to the substituted decision takes effect under the ACT Civil and Administrative Tribunal Act 2008, section 69 (Effect of orders for administrative review); or

    NoteThe ACT Civil and Administrative Tribunal Act 2008, s 69 provides that an order of the ACAT made under s 68 (3) is taken to be a decision of the decision-maker and takes effect from the day the order is made unless the ACAT orders otherwise.

    (ii)the day after the day the application for review is withdrawn, dismissed or struck out.

  3. ACAT review—people who made representations etc
    New section 409 (2) (c)

    insert

    (c)for a decision to which section 195 (Notice of decisions on reconsideration) applies—the day final notice of the decision has been given.

  4. Section 409 (4)

    substitute

    (4)   In this section:

    final notice—

    (a)of a decision to which section 177 applies—see section 177 (3); and

    (b)of a decision to which section 195 applies—means the day when every person who made a representation on the reconsideration application has been given notice of the decision.

Part 6Planning and Development Regulation 2008

  1. Permitted variations to approved and exempt developments
    Schedule 1A, part 1A.2, section 1A.10 (4)

    omit

    section 1.100A (1) (e)

    substitute

    section 1.100A (1) (b)

  2. Schedule 1A, part 1A.2, section 1A.11 (4)

    omit

    section 1.100A (1) (e)

    substitute

    section 1.100A (1) (b)

Part 7Public Place Names Act 1989

  1. Minister to determine names
    New section 3 (2A)

    insert

    (2A)If the Minister is making a determination about the naming of a public place, the Minister must consider any guideline made under—

    (a)section 4A (Guidelines about naming of public places); and

    (b)the Districts Act 2002, section 14 (Guidelines about allocation of street addresses).

  2. New section 4A

    insert

4AGuidelines about naming of public places

(1)The Minister may make guidelines about the naming of public places.

(2)A guideline may make provision about a matter by applying, adopting or incorporating an Australian Standard, or a provision of an Australian Standard, as in force from time to time.

(3)The Legislation Act, section 47 (5) or (6) does not apply to an Australian Standard, or a provision of an Australian Standard, applied, adopted or incorporated in a guideline.

NoteAn Australian Standard does not need to be notified under the Legislation Act because s 47 (5) and (6) do not apply (see Legislation Act, s 47 (7)). The standard may be purchased at guideline is a notifiable instrument.

NoteA notifiable instrument must be notified under the Legislation Act.

Part 8Utilities Act 2000

  1. Dictionary, definition of customer contract, new paragraph (c)

    insert

    (c)a customer connection contract under the National Energy Retail Law (ACT).

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 19 September 2013.

  2. Notification

    Notified under the Legislation Act on 6 November 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 (No 2), which was passed by the Legislative Assembly on 22 October 2013.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2013

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