Planning, Building and Environment Legislation Amendment Act 2017 (ACT)

Case

Planning, Building and Environment Legislation Amendment Act 2017

A2017-3

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Climate Change and Greenhouse Gas Reduction Act 2010

4            Energy efficiency targetsSection 10  3

Part 3Environment Protection Act 1997

5            Authority’s functionsSection 12 (2)  4

Part 4Nature Conservation Act 2014

6            Draft nature conservation strategy—public consultationSection 51 (5)  5

7           Minister to decide if action plan neededSection 100A (4) (a)  5

Part 5Nature Conservation Regulation 2015

8            ReservesSchedule 1, part 1.1, item 16  6

9            Schedule 1, division 1.2.16  7

Part 6Planning and Development Act 2007

10          Effect of approval of estate development planSection 96 (2) (c) (ii)  8

11          When development approvals take effect—ACAT reviewSection 178 (1) (b)  8

12          Section 178 (2)  8

13          New section 178 (2) (c)  8

14          When development approval takes effect—activity not allowed by leaseSection 179 (2)  9

15          When development approval takes effect—condition to be metSection 180 (2)  9

16          Authority may ask for information about leases from commissioner for revenueSection 395B (3) (a)  9

Part 7Planning and Development Regulation 2008

17          Prescribed development proposal for community consultation—Act, s 138AENew section 20A (1) (ba)  10

18          Section 25 heading  10

19          New section 25 (2) (c)  10

20          Exemptions from requirement for development approval Schedule 1, section 1.41 (1), definition of relevant cross‑section area  10

21          Schedule 1, section 1.41 (1), definition of relevant cross‑section area, new examples   11

22          Schedule 1, section 1.41 (2), note 3  11

23          Schedule 1, section 1.100A (1) (b), new notes  11

24          Schedule 1, section 1.100AB (1) (b), new notes  12

Part 8Utilities (Technical Regulation) Act 2014

25          Meaning of regulated utility serviceSection 9 (2), definition of small or medium scale generation               13

26          Offence—reporting of notifiable incidents by regulated utilitySection 29  13

27          Meaning of utility infrastructure work—div 9.5Section 95 (g)  13

28          New section 113  14

29          New schedule 2  15

Planning, Building and Environment Legislation Amendment Act 2017

A2017-3

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 2017.

  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:

    ·     Climate Change and Greenhouse Gas Reduction Act 2010

    ·     Environment Protection Act 1997

    ·     Nature Conservation Act 2014

    ·     Nature Conservation Regulation 2015

    ·     Planning and Development Act 2007

    ·     Planning and Development Regulation 2008

    ·     Utilities (Technical Regulation) Act 2014.

Part 2Climate Change and Greenhouse Gas Reduction Act 2010

  1. Energy efficiency targets
    Section 10

    omit

Part 3Environment Protection Act 1997

  1. Authority’s functions
    Section 12 (2)

    omit

    section 2

    substitute

    section 3C

Part 4Nature Conservation Act 2014

  1. Draft nature conservation strategy—public consultation
    Section 51 (5)

    omit

    plan

    substitute

    strategy

  2. Minister to decide if action plan needed
    Section 100A (4) (a)

    omit

    and

    substitute

    or

Part 5Nature Conservation Regulation 2015

  1. Reserves
    Schedule 1, part 1.1, item 16

    substitute

16 map 16—Woodstock West Special Purpose Reserve ·    Stromlo

  1. Schedule 1, division 1.2.16

    substitute

Division 1.2.16        Woodstock West Special Purpose Reserve

Part 6Planning and Development Act 2007

  1. Effect of approval of estate development plan
    Section 96 (2) (c) (ii)

    omit

  2. When development approvals take effect—ACAT review
    Section 178 (1) (b)

    substitute

    (b)application is made to the ACAT for review of the decision to approve the application; and

    (ba)either—

    (i)the ACAT confirms or varies the decision, or makes a substitute decision; or

    (ii)the application is withdrawn, dismissed or struck out; and

  3. Section 178 (2)

    after

    development application,

    insert

    or the approval

  4. New section 178 (2) (c)

    after the note, insert

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

  5. When development approval takes effect—activity not allowed by lease
    Section 179 (2)

    before

    the approval as confirmed

    insert

    the approval, or

  6. When development approval takes effect—condition to be met
    Section 180 (2)

    before

    the approval as confirmed

    insert

    the approval, or

  7. Authority may ask for information about leases from commissioner for revenue
    Section 395B (3) (a)

    substitute

    (a)once every month; or

Part 7Planning and Development Regulation 2008

  1. Prescribed development proposal for community consultation—Act, s 138AE
    New section 20A (1) (ba)

    insert

    (ba)if the development proposal is for more than 1 building—the buildings have a total gross floor area of more than 7 000m²;

  2. Section 25 heading

    substitute

  3. When survey certificate not required for development applications—Act, s 139 (2) (l)

  4. New section 25 (2) (c)

    insert

    (c)is attached to the existing building or structure.

  5. Exemptions from requirement for development approval Schedule 1, section 1.41 (1), definition of relevant cross‑section area

    omit

    largest cross-section

    substitute

    largest vertical cross-section

  6. Schedule 1, section 1.41 (1), definition of relevant cross‑section area, new examples

    insert

    Examples—relevant cross-section area

    1     A rectangular shed encroaches on the boundary clearance area of a block and is parallel to the boundary. The wall facing the boundary is 2m high and 3m wide. The roof does not increase the profile of the structure. The relevant cross-section area of the shed is 6m2.

    2     A shed with a triangular footprint encroaches on the boundary clearance area of a block and the base is 1m from, and parallel to, the boundary. The apex is not in the boundary clearance area. The vertical wall facing the boundary is 2m high and 4m wide. The roof does not increase the profile of the structure. The wall is the largest cross-section area within the boundary clearance area. The relevant cross-section area of the shed is 8m2.

    3     A pergola has no walls, encroaches on the boundary clearance area of a block, and is parallel to the boundary. The side facing the boundary is 2m high and 3m wide. However, the uprights have a total area facing the boundary of 0.6m2 and the crossbeam has a total area facing the boundary of 0.9m2. The relevant cross-section area of the pergola is 1.5m2.

    NoteAn example is part of the regulation, 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).

  7. Schedule 1, section 1.41 (2), note 3

    omit

  8. Schedule 1, section 1.100A (1) (b), new notes

    insert

    Note 1An exemption declaration must not be granted in relation to non‑compliance with a mandatory rule (see Act, s 119 (1) (a)).

    Note 2Mandatory rule—see the Act, s 94 (4).

  9. Schedule 1, section 1.100AB (1) (b), new notes

    insert

    Note 1An exemption declaration must not be granted in relation to non‑compliance with a mandatory rule (see Act, s 119 (1) (a)).

    Note 2Mandatory rule—see the Act, s 94 (4).

Part 8Utilities (Technical Regulation) Act 2014

  1. Meaning of regulated utility service
    Section 9 (2), definition of small or medium scale generation

    substitute

    small or medium scale generation means the capacity to generate an amount of power that—

    (a)is not less than the lower limit, but less than the upper limit prescribed by regulation; and

    (b)is connected to an electricity network.

  2. Offence—reporting of notifiable incidents by regulated utility
    Section 29

    omit

    by telephone

    substitute

    by telephone or email

  3. Meaning of utility infrastructure work—div 9.5
    Section 95 (g)

    substitute

    (g)an installation that has the capacity to generate at least the prescribed amount of electricity;

  4. New section 113

    insert

  5. Utilities (Technical Regulation) Regulation 2017—sch 2

    (1)The provisions set out in schedule 2 are taken, on the commencement of this section, to be a regulation made under section 112.

    (2)To remove any doubt and without limiting subsection (1), the regulation may be amended or repealed as if it had been made by the Executive under section 112.

    (3)Also to remove any doubt, the regulation is taken—

    (a)to have been notified under the Legislation Act on the day the Planning, Building and Environment Legislation Amendment Act 2017 is notified; and

    (b)to have commenced on the commencement of the Planning, Building and Environment Legislation Amendment Act 2017; and

    (c)not to be required to be presented to the Legislative Assembly under the Legislation Act, section 64 (1).

    (4)Subsections (1) to (3) are laws to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

    (5)This section and schedule 2 expire on the day they commence.

  6. New schedule 2

    insert

Schedule 2New Utilities (Technical Regulation) Regulation 2017

(see s 113)

Utilities (Technical Regulation) Regulation 2017

Subordinate Law SL2017–

made under the

Utilities (Technical Regulation) Act 2014

  1. Name of regulation

    This regulation is the Utilities (Technical Regulation) Regulation 2017.

  2. Meaning of small or medium scale generation—Act, s 9 (2)

    The following limits are prescribed:

    (a)lower limit—200kW;

    (b)upper limit—30MW.

  3. Meaning of utility infrastructure work—Act, s 95 (g)

    An amount of 200kW is prescribed.

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 15 December 2016.

  2. Notification

    Notified under the Legislation Act on 22 February 2017.

  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 2017, which originated in the Legislative Assembly as the Planning, Building and Environment Legislation Amendment Bill 2016 (No 2) and was passed by the Assembly on 14 February 2017.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2017

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