Planning, Building and Environment Legislation Amendment Act 2014 (No 2) (ACT)

Case

Planning, Building and Environment Legislation Amendment Act 2014 (No 2)

A2014-45

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Building Act 2004

4            New section 25AA  3

5            Issue of building approvalsNew section 28 (1A)  4

6            Marking building approvalNew section 28A (4) (a) (iia)  4

7           New section 28A (4) (b) (iiia)  5

8            Approval requirementsSection 29 (1) (g), except example and notes  5

9            Dictionary, new definition of site work notice  6

Part 3Building (General) Regulation 2008

10          New section 9A  7

Part 4Planning and Development Act 2007

11          Public consultation—notificationSection 63 (2), except note  8

12          Impact track applicabilitySection 123 (b), note  8

13          Deciding environmental significance opinion applicationsSection 138AB (5)  8

14          New section 195A  9

15          Applications to amend development approvals Section 197 (1) and (2)  9

16          Deciding applications to amend development approvalsSection 198 (1)  9

17          Section 198 (1), note 1  10

18          Section 198 (1), note 3  10

19          Section 198 (1), new note  10

20          New section 198 (2A) and (2B)  10

21          Section 198 (3) and (4)  11

22          Exception to referral requirement under s 198 (1) (b)Section 198A (1) (c) and (2)  11

23          Waiver of notification requirement under s 198 (1) (b)Section 198B  11

24          When development approvals do not require amendmentSection 198C (1)  11

25          Development applications for developments undertaken without approvalSection 205 (4)  12

26          Notice of direct saleSection 242 (1)  12

27          Meaning of s 276E chargeable variation and s 277 chargeable variation—div 9.6.3Section 276A (1), definition of s 276E chargeable variation, paragraph (c) (i) and (ii)     12

28          Chargeable variation of nominal rent lease—lease variation chargeSection 276B (1)  13

29          Information requirementsSection 395 (1) (a)  13

30          Dictionary, definition of decision-maker  13

Part 5Planning and Development Regulation 2008

31          Section 24 heading  14

32          Section 24 (2)  14

33          Section 24 (4), example  15

34          Compliant single dwellings—old residential landSchedule 1, section 1.100 (1) (c) (ii)  15

35          Compliant single dwellings—new residential landSchedule 1, section 1.100AA (1) (d) (ii)  15

Planning, Building and Environment Legislation Amendment Act 2014 (No 2)

A2014-45

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 (No 2).

  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.

Part 2Building Act 2004

  1. New section 25AA

    after section 25A, insert

25AAMeaning of site work notice—div 3.3

In this division:

site work notice means a notice issued by a certifier under section 28 (1A)—

(a)stating—

(i)that the plans for the building work to which the application for building approval relates show all the information necessary to establish that site work to which the building work relates is exempt development under the Planning and Development Act 2007, section 133; and

(ii)that the site work is exempt development; and

(iii)the certifier’s reasons for assessing that the site work is exempt development; and

(b)including any document or information prescribed by regulation.

  1. Issue of building approvals
    New section 28 (1A)

    insert

    (1A)As soon as practicable after receiving the application for building approval, the certifier must issue a site work notice—

    (a)if an exemption assessment D notice stating that the site work is exempt development has not been issued for the site work; and

    (b)if the planning and land authority has not made an exemption declaration under the Planning and Development Regulation 2008, schedule 1, section 1.100A (1) (b) or section 1.100AB (1) (b); and

    (c)if a development approval has not been issued in relation to the site work; and

    (d)if satisfied on reasonable grounds that—

    (i)the plans show all the information necessary to establish that the site work to which the building work relates is exempt development under the Planning and Development Act 2007, section 133; and

    (ii)the site work is exempt development.

  2. Marking building approval
    New section 28A (4) (a) (iia)

    insert

    (iia)if the certifier issues a site work notice in relation to the site work to which the building work relates—the site work notice; and

  3. New section 28A (4) (b) (iiia)

    insert

    (iiia)if the certifier issues a site work notice in relation to the site work to which the building work relates—a copy of the site work notice; and

  4. Approval requirements
    Section 29 (1) (g), except example and notes

    substitute

    (g)if the plans show site work that, if carried out in accordance with the plans, might be exempt under the Planning and Development Act 2007 from requiring development approval—

    (i)a copy of an exemption assessment D notice for the site work stating that the site work is exempt development is attached; or

    NoteApplying for an exemption assessment is not a requirement of the development approval or building approval process. If a person believes that a development is an exempt development, the person need not apply for an exemption assessment from a works assessor or building surveyor (see Planning and Development Act 2007, div 7.3.1A).

    (ii)a site work notice for the site work, stating that the site work is exempt development, has been issued under section 28 (1A); or

    NoteIf site work is an exempt development, it does not require development approval (see Planning and Development Act 2007, s 133).

    (iii)development approval for the site work is attached; or

    (iv)a copy of an exemption declaration under the Planning and Development Regulation 2008, schedule 1, section 1.100A (1) (b) or section 1.100AB (1) (b) is attached.

  5. Dictionary, new definition of site work notice

    insert

    site work notice, for division 3.3 (Building approvals)—see section 25AA.

Part 3Building (General) Regulation 2008

  1. New section 9A

    insert

9ASite work notice—Act, s 25AA

The following information is prescribed:

(a)in relation to the parcel of land on which the site work is carried out—

(i)the block and section number and division; and

(ii)the street name and number;

(b)the identity of any of the following relied on by the certifier to assess the site work as exempt development:

(i)a provision of the Planning and Development Regulation 2008;

(ii)if a provision mentioned in subparagraph (i) incorporates a Territory Plan Code—the code;

(c)the certifier’s name, licence number and signature;

(d)the date the notice is signed by the certifier.

Part 4Planning and Development Act 2007

  1. Public consultation—notification
    Section 63 (2), except note

    substitute

    (2)The planning and land authority may, by notice extend or further extend the consultation period (an extension notice).

  2. Impact track applicability
    Section 123 (b), note

    omit

    s 138A (2)

    substitute

    s 138AA (2)

  3. Deciding environmental significance opinion applications
    Section 138AB (5)

    substitute

    (5)The relevant agency must notify the planning and land authority in writing if it rejects the application.

    (5A)If the planning and land authority receives notice under subsection (5), the planning and land authority must notify the applicant in writing of the rejection.

  4. New section 195A

    in division 7.3.11, insert

195AMeaning of decision-maker—div 7.3.11   

In this division:

decision-maker, for a development approval means—

(a)if the planning and land authority has approved a development application under section 162 (Deciding development applications)—the planning and land authority; or

(b)if the Minister has approved a development application under section 162—the Minister.

  1. Applications to amend development approvals
    Section 197 (1) and (2)

    omit

    planning and land authority

    substitute

    decision-maker

  2. Deciding applications to amend development approvals
    Section 198 (1)

    omit

    planning and land authority

    substitute

    decision-maker

  3. Section 198 (1), note 1

    substitute

    Note 1A decision of the planning and land authority to amend a development approval subject to a condition, or refuse to amend a development approval, may be reconsidered under pt 7.3.10 (see s 191 (1) (a)).  The approval holder may apply for review of a decision under s 193 (1) (b) (ii) to confirm the original decision (see sch 1, item 13).

  4. Section 198 (1), note 3

    omit

    planning and land authority

    substitute

    decision-maker

  5. Section 198 (1), new note

    insert

    Note 4The Minister may delegate the decision to the planning and land authority (see Legislation Act, s 254A).

  6. New section 198 (2A) and (2B)

    insert

    (2A)If the decision-maker is the Minister, the Minister may ask the planning and land authority to prepare a report for the Minister in relation to the application on anything the Minister considers relevant.

    (2B)The Minister may, in deciding to amend or to refuse to amend a development approval, consider the report prepared by the planning and land authority.

  7. Section 198 (3) and (4)

    omit

    planning and land authority

    substitute

    decision-maker

  8. Exception to referral requirement under s 198 (1) (b)
    Section 198A (1) (c) and (2)

    omit

    planning and land authority

    substitute

    decision-maker

  9. Waiver of notification requirement under s 198 (1) (b)
    Section 198B

    omit

    planning and land authority

    substitute

    decision-maker

  10. When development approvals do not require amendment
    Section 198C (1)

    omit

    planning and land authority

    substitute

    decision-maker

  11. Development applications for developments undertaken without approval
    Section 205 (4)

    omit

    section 139 (2) (i)

    substitute

    section 139 (2) (j)

  12. Notice of direct sale
    Section 242 (1)

    omit

    5 working days

    substitute

    10 working days

  13. Meaning of s 276E chargeable variation and s 277 chargeable variation—div 9.6.3
    Section 276A (1), definition of s 276E chargeable variation    , paragraph (c) (i) and (ii)

    substitute

    (i)increases or limits the number of dwellings permitted on the land under the lease; or

    (ii)increases, or has the effect of increasing, the maximum gross floor area of any building or structure permitted for non-residential use on the land under the lease;

  14. Chargeable variation of nominal rent lease—lease variation charge
    Section 276B (1)

    omit

    section 278A

    substitute

    section 278

  15. Information requirements
    Section 395 (1) (a)

    omit

    knowledge of

  16. Dictionary, definition of decision-maker

    substitute

    decision-maker—

    (a)for a development approval, for division 7.3.11 (Correction and amendment of development approvals)—see section 195A; and

    (b)for chapter 13 (Review of decisions)—see section 407.

Part 5Planning and Development Regulation 2008

  1. Section 24 heading

    substitute

  2. Exemption assessment D notice—attached documents—Act, s 138D (2) (b) (ii)

  3. Section 24 (2)

    substitute

    (2)If the works assessor or building surveyor assesses that the development is exempt—

    (a)the works assessor or building surveyor must—

    (i)identify any of the following relied on to assess the development as exempt development:

    (A)a provision of the Planning and Development Regulation 2008;

    (B)if a provision mentioned in subsubparagraph (A) incorporated a Territory Plan code—the code; and

    (ii)state in the exemption assessment D notice that the provisions mentioned in subparagraph (i) were satisfied; and

    (iii)initial, date and mark the works assessor or building surveyor’s licence number on each page of the plans; and

    (b)the exemption must be marked on, or attached to, or partly marked on or partly attached to, each page of the plans used by the works assessor or building surveyor in the assessment.

  4. Section 24 (4), example

    omit

    exemption assessment B notice

    substitute

    exemption assessment D notice

  5. Compliant single dwellings—old residential land
    Schedule 1, section 1.100 (1) (c) (ii)

    omit

    (other than rule 33 and rule 66)

  6. Compliant single dwellings—new residential land
    Schedule 1, section 1.100AA (1) (d) (ii)

    omit

    (other than rule 33 and rule 66)

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 25 September 2014.

  2. Notification

    Notified under the Legislation Act on 5 November 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 (No 2), which was passed by the Legislative Assembly on 21 October 2014.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2014

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