Planning, Building and Environment Legislation Amendment Act 2014 (ACT)

Planning, Building and Environment Legislation Amendment Act 2014

A2014-23

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Building Act 2004

4            Notification by certifier of contraventions of building and development approvals—building workSection 50 (1), except note  3

5            Section 50 (3)  3

Part 3Building (General) Regulation 2008

6            Exempt buildings and building worksSchedule 1, part 1.1, section 1.1, definition of large building                 4

7           Schedule 1, part 1.3, item 3, column 4  4

8            Schedule 1, part 1.3, item 5, column 4  4

9            Schedule 1, part 1.3, item 7, column 4  4

10          Schedule 1, part 1.3, item 15, column 4, paragraph (a)  5

11          Schedule 1, part 1.3, item 16, column 4  5

Part 4Planning and Development Act 2007

12          Transfer of land subject to building and development provisionSection 298 (4)  6

13          Sections 407 and 408  6

14          New chapter 18  8

15          Further amendments, mentions of s 408 (2)  9

16          Schedule 1  10

Part 5Planning and Development Regulation 2008

17          When survey certificate not required for development applications—Act, s 139 (2) (i)Section 25 (3)  24

18          Exemptions from requirement for development approvalSchedule 1, section 1.4 (1), examples  24

19          Schedule 1, section 1.4 (2) (a)  24

20          Schedule 1, section 1.10 (c)  24

21          Schedule 1, section 1.14 heading  25

22          Schedule 1, new section 1.14 (1) (d)  25

23          Schedule 1, section 1.23 (b)  25

24          Schedule 1, section 1.100B (1) (a)  25

25          Schedule 1, section 1.101 (1)  25

26          Limited public notification of certain merit track development applicationsSchedule 2, new items 7 and 8  26

Part 6Unit Titles Act 2001

27          Unit title applications—general requirementsSection 17 (3) (a)  27

Part 7Utilities Act 2000

28          New section 406A  28

29          Expiry—pt 18Section 407 (1)  28

30          Section 407 (2), except note  28

Planning, Building and Environment Legislation Amendment Act 2014

A2014-23

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 2014.

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

   ·     Planning and Development Act 2007

   ·     Planning and Development Regulation 2008

   ·     Unit Titles Act 2001

   ·     Utilities Act 2000.

Part 2Building Act 2004

1. Notification by certifier of contraventions of building and development approvals—building work
   Section 50 (1), except note

   substitute

   (1)A certifier commits an offence if—

   (a)a contravention of part 3 (Building work) or part 4 (Stop and demolition notices) or conduct that the certifier reasonably believes may be an offence under section 76 (Occupation and use of buildings), section 77 (Use of buildings restricted) or section 78 (Occupation and use of ex-government buildings), comes to the notice of the certifier; and

   (b)the certifier does not tell the construction occupations registrar about the contravention or conduct—

   (i)for a contravention in relation to building work that is fundamentally noncompliant—not later than the next working day after the day the contravention comes to the certifier’s attention; or

   (ii)in any other case—within 21 days after the day the contravention or conduct comes to the certifier’s attention.

   Maximum penalty:  5 penalty units.

2. Section 50 (3)

   omit

   apply to building work

   substitute

   apply to a contravention in relation to building work

Part 3Building (General) Regulation 2008

1. Exempt buildings and building works
   Schedule 1, part 1.1, section 1.1, definition of large building

   omit

   identified in the exempt building code,

2. Schedule 1, part 1.3, item 3, column 4

   substitute

   fence must comply with—

   (a)if there is an exempt building code—that code; and

   (b)otherwise—the building code

3. Schedule 1, part 1.3, item 5, column 4

   substitute

   retaining wall must comply with—

   (a)if there is an exempt building code—that code; and

   (b)otherwise—the building code

4. Schedule 1, part 1.3, item 7, column 4

   substitute

   large building must comply with—

   (a)if there is an exempt building code—that code; and

   (b)otherwise—the building code

5. Schedule 1, part 1.3, item 15, column 4, paragraph (a)

   substitute

   (a)external alteration must comply with—

   (i)if there is an exempt building code—that code; and

   (ii)otherwise—the building code

6. Schedule 1, part 1.3, item 16, column 4

   substitute

   external alteration must comply with—

   (a)if there is an exempt building code—that code; and

   (b)otherwise—the building code

Part 4Planning and Development Act 2007

1. Transfer of land subject to building and development provision
   Section 298 (4)

   substitute

   (4)The planning and land authority may also, in writing, consent to a transfer of a lease containing a building and development provision, or an interest in the lease, if the proposed transfer is the first sale of a lease of undeveloped land by the person who provided the infrastructure on the lease.

2. Sections 407 and 408

   substitute

3. Definitions—ch 13

   In this chapter:

   decision-maker, for a reviewable decision, means—

   (a)for a decision of an entity that is required, as a condition of a development approval, to be satisfied in relation to the carrying out of the development or a stated stage of the development, under section 165 (3) (a)—the entity whose satisfaction is required; or

   (b)for a decision under section 277E (1) (b) (i) or section 277E (1) (b) (ii)—the commissioner for revenue; or

   (c)in any other case—the planning and land authority.

   eligible entity, for a reviewable decision, means an entity mentioned in schedule 1, column 3 for the decision.

   interested entity, for a reviewable decision, means an entity mentioned in schedule 1, column 4 for the decision.

   reviewable decision—

   (a)means a decision mentioned in schedule 1, column 2, made by a decision-maker; but

   (b)does not include a decision of the planning and land authority to refuse a development application under section 162 because the Minister decides under section 261 that considering the application is not in the public interest.

4. Reviewable decision notices

   If a decision-maker makes a reviewable decision, the decision‑maker must give a reviewable decision notice only to—

   (a)each eligible entity for the decision; and

   (b)each interested entity for the decision.

   NoteThe requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.

408AApplications for review

An eligible entity for a reviewable decision may apply to the ACAT for review of the decision.

NoteIf a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.

1. New chapter 18

   insert

Chapter 18Transitional—Planning, Building and Environment Legislation Amendment Act 2014

1. Status of lease under Canberra College of Advanced Education (Leases) Act 1977(repealed)

   (1)This section applies to a lease granted under the Canberra College of Advanced Education (Leases) Act 1977 (repealed) and in force immediately before the commencement of this section.

   (2)The lease is taken, on and after the commencement of this section, to have been granted under this Act.

   (3)By force of this section any continuing effect of section 457 (2) and (3) (Transitional—continued application of certain repealed Acts and provisions) because of the application of the Legislation Act, section 88 ends.

   NoteSection 457 expired on 31 March 2008.

2. Expiry—ch 18

   This chapter expires on the day it commences.

3. Further amendments, mentions of s 408 (2)

   omit

   s 408 (2)

   substitute

   s 408

   in

   ·     section 170 (3), note

   ·     section 171 (3), note

   ·     section 195, note

   ·     section 257 (6), note

   ·     section 258 (5), note 1

   ·     section 258B (6), note

   ·     section 258C (6), note 1

   ·     section 272B (3), note

   ·     section 277G, note

1. Schedule 1

   substitute

Schedule 1Reviewable decisions, eligible entities and interested entities

(see s 407)

column 1 item	column 2 reviewable decision	column 3 eligible entities	column 4 interested entities
1	decision under s 141 (4) to refuse to extend the period within which further information must be provided	applicant for extension of time	entity that made representation under s 156 in relation to the application
2	decision under s 162 to approve a development application in the code track subject to conditions	applicant for development approval
3	decision under s 162 to approve a development application in the merit track subject to a condition or to refuse to approve the application, to the extent that the development proposal—     (a)     is subject to a rule and does not comply with the rule; or     (b)     is not subject to a rule	applicant for development approval	entity that made representation under s 156 in relation to the application
4	decision under s 162 to approve a development application in the merit track, whether subject to a condition or otherwise, if—     (a)     the application was required to be notified under s 153 and s 155, whether or not it was also required to be notified under s 154; and     (b)    the application is not exempted by regulation. Note     A decision under s 162 is reviewable only to the extent that the development proposal— (a)    is subject to a rule and does not comply with the rule; or (b)    is not subject to a rule. (see s 121 (2)).	an entity if—     (a)     the entity made a representation under s 156 about the development proposal or had a reasonable excuse for not making a representation; and     (b)    the approval of the development application may cause the entity to suffer material detriment	the approval-holder
5	decision under s 162 to approve a development application in the impact track subject to a condition, or to refuse to approve the application	applicant for development approval	entity that made a representation under s 156 in relation to the application
6	decision under s 162 to approve a development application in the impact track, whether subject to a condition or otherwise, unless the application is exempted by regulation	an entity if—     (a)     the entity made a representation under s 156 about the development proposal or had a reasonable excuse for not making a representation; and     (b)     the approval of the development application may cause the entity to suffer material detriment	the approval-holder
7	decision of entity required, under condition on development approval, to be satisfied in relation to carrying out of development or stage of development (see s 165 (3) (a))	approval-holder	planning and land authority
8	decision under s 165 (5) to refuse to approve an amendment of a plan, drawing or other document approved in accordance with a condition of a development approval	approval-holder	entity that made representation under s 156 in relation to the application for development approval
9	decision under s 184 (3) to refuse to extend the prescribed period for finishing development or stage of development	approval-holder	entity that made representation under s 156 in relation to the application for the development approval
10	decision under s 189 to revoke development approval	approval-holder of approval revoked	entity that made representation under s 156 in relation to the application for the development approval
11	decision under s 193 (1) (b) (i) on reconsideration to approve application subject to condition	applicant for reconsideration	entity that made representation under s 156 in relation to the application the approval of which was reconsidered
12	decision under s 193 (1) (b) (i) on reconsideration, unless the development application to which the reconsideration relates is exempted by regulation	an entity if—     (a)     the entity made a representation under s 156 about the development proposal or had a reasonable excuse for not making a representation; and     (b)     the approval of the development application may cause the entity to suffer material detriment	applicant for reconsideration
13	decision under s 193 (1) (b) (ii) to confirm original decision on reconsideration	applicant for reconsideration	entity that made representation under s 156 in relation to the application the approval of which was reconsidered
14	decision under s 198 to refuse to amend development approval	approval-holder	entity that made representation under s 156 in relation to the application for development approval
15	decision under s 238 to refuse to grant a lease to a person by direct sale	applicant for grant of lease
16	decision under s 250 (2) to end person’s right to be granted a lease	person whose right is ended
17	decision under s 252 to refuse to consent to a dealing with a lease	lessee
18	decision under s 254 to refuse to grant a further lease	applicant for grant of further lease
19	decision under s 257 or s 258 that lease is a concessional lease	lessee
20	decision under s 258B or s 258C that lease is a concessional lease	lessee
21	decision under s 263 about the payout amount for a concessional lease	lessee
22	decision under s 266 to refuse to consent to a dealing with a lease	lessee
23	decision under s 268 to confirm variation of rent after review	lessee
24	decision under s 268 to set aside variation and substitute another variation of rent after review	lessee
25	decision under s 271 adjusting rent after reappraisal	lessee
26	decision under s 272B (2) (d) about amount payable for variation to reduce rent payable under lease to a nominal rent	lessee
27	decision under s 277E (1) (b) (i) on reconsideration about amount of lease variation charge for variation of lease	applicant for the reconsideration
28	decision under s 277E (1) (b) (ii) to confirm original decision on reconsideration about amount of lease variation charge for variation of lease	applicant for the reconsideration
29	decision under s 295 (2) about market value of improvements on land	lessee
30	decision under s 296 (1) to refuse to issue a certificate of compliance	lessee
31	decision under s 296 (2) to issue certificate of compliance stating that building and development provision has been partly complied with	lessee
32	decision under s 296 (2) to issue a certificate of compliance subject to condition that lessee provide security	lessee
33	decision under s 296 (2) to refuse to issue a certificate of compliance	lessee
34	decision under s 298 to refuse to consent to the assignment or transfer of a lease or interest in a lease	lessee
35	decision under s 298B to approve an extension of a stated time for a shorter period than that sought	lessee
36	decision under s 298B to refuse an extension of a stated time	lessee
37	decision under s 299 (2) to refuse to accept the surrender of a lease, or part of land comprised in lease	person surrendering lease or part of land comprised in lease
38	decision under s 299 (2) to accept the surrender of a lease, or part of land comprised in lease, subject to a condition	person surrendering lease or part of land comprised in lease
39	decision under s 300 to refuse to authorise payment of prescribed amount for surrendered or terminated lease	person surrendering lease or whose lease is terminated
40	decision under s 351 to make a controlled activity order other than the order applied for	applicant for controlled activity order
41	decision under s 351 to refuse to make a controlled activity order	applicant for controlled activity order
42	decision under s 351 to make a controlled activity order	person against whom order directed lessee of land to which order relates occupier of land to which order relates
43	decision under s 355 to make a controlled activity order	person against whom order directed lessee of land to which order relates occupier of land to which order relates
44	decision under s 363 (4) to refuse to revoke a controlled activity order	applicant for revocation lessee of land to which order relates occupier of land to which order relates
45	decision under s 377 (3) to give a prohibition notice	person against whom notice directed lessee of land to which notice relates occupier of land to which notice relates
46	decision under s 380 (3) to refuse to revoke a prohibition notice	applicant for revocation lessee of land to which notice relates occupier of land to which notice relates
47	decision under s 382 to terminate a lease	person whose lease is terminated
48	decision under s 383 to terminate a licence	person whose licence is terminated
49	decision under s 417 to refuse to grant a right to extract minerals	person applying for grant of right

Part 5Planning and Development Regulation 2008

1. When survey certificate not required for development applications—Act, s 139 (2) (i)
   Section 25 (3)

   omit

   commercial or industrial development

   insert

   non-residential development

2. Exemptions from requirement for development approval
   Schedule 1, section 1.4 (1), examples

   omit

   ·     Nature Conservation Act 1980

3. Schedule 1, section 1.4 (2) (a)

   substitute

   (a)section 1.14 (Criterion 4—heritage, tree, environment and conservation);

4. Schedule 1, section 1.10 (c)

   substitute

   (c)section 1.14 (Criterion 4—heritage, tree, environment and conservation);

5. Schedule 1, section 1.14 heading

   substitute

1.14Criterion 4—heritage, tree, environment and conservation

1. Schedule 1, new section 1.14 (1) (d)

   before the note, insert

   (d)the Nature Conservation Act 1980.

2. Schedule 1, section 1.23 (b)

   omit

   (Criterion 4—heritage, tree and environment protection)

   substitute

   (Criterion 4—heritage, tree, environment and conservation)

3. Schedule 1, section 1.100B (1) (a)

   omit

   (Criterion 4—heritage, tree and environment protection)

   substitute

   (Criterion 4—heritage, tree, environment and conservation)

4. Schedule 1, section 1.101 (1)

   omit

   (Criterion 4—heritage, tree and environment protection)

   substitute

   (Criterion 4—heritage, tree, environment and conservation)

5. Limited public notification of certain merit track development applications
   Schedule 2, new items 7 and 8

   after the note, insert

7

An addition or alteration to a residential unit in a multi-unit residential development if the addition or alteration either—

(a)     does not increase the gross floor area of the unit by more than 10%; or

(b)     does not add more than more than 20m² to the gross floor area (whether or not it increases the gross floor area by more than 10%).

Note     Some alterations of buildings may be exempt from the requirement for development approval (see sch 1, s 1.21 and s 1.21A).

8

The putting up, attaching or displaying of a sign (whether permanent or temporary) on land, or to a building or structure on land.

Note     A sign may be exempt from the requirement for development approval under sch 1, div 1.3.3.

Part 6Unit Titles Act 2001

1. Unit title applications—general requirements
   Section 17 (3) (a)

   omit

Part 7Utilities Act 2000

1. New section 406A

   insert

406ACertain electricity services and gas services

(1)Despite the omission of section 6 (c) and section 9 (d) by the National Energy Retail Law (Consequential Amendments) Act 2012, this Act applies, until 31 March 2015, to a utility service mentioned in those provisions.

(2)However, subsection (1) does not apply to a utility service that is the sale of energy to a person for premises within the meaning of the National Energy Retail Law (ACT).

1. Expiry—pt 18
   Section 407 (1)

   omit

   (other than section 405)

   substitute

   (other than section 406A)

2. Section 407 (2), except note

   substitute

   (2)Section 406A expires on 31 March 2015.

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 10 April 2014.

2. Notification

   Notified under the Legislation Act on 26 May 2014.

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 2014, which was passed by the Legislative Assembly on 15 May 2014.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2014