Planning, Building and Environment Legislation Amendment Act 2017 (No 2) (ACT)

Case

Planning, Building and Environment Legislation Amendment Act 2017 (No 2)

A2017-20

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

4            Legislation repealed  2

Part 2Climate Change and Greenhouse Gas Reduction Act 2010

5            Annual report by councilSection 19 (4)  3

6            Section 19 (5), new definition of pre-election period  4

Part 3Electricity Feed-in (Large-scale Renewable Energy Generation) Act 2011

7           New section 26  5

8            New schedule 1  6

9            Dictionary, definition of Australian capital region  8

Part 4Electricity Feed-in (Renewable Energy Premium) Act 2008

10          Meaning of compliantSection 5E (5), definition of service and installation rules  9

11          Section 5E (5), note  9

Part 5Energy Efficiency (Cost of Living) Improvement Act 2012

12          Sharing information—non-territory agenciesSection 28C (1) (b)  10

Part 6Environment Protection Act 1997

13          Authority may require environmental auditSection 76 (4) and (5)  11

Part 7Heritage Act 2004

14          Notice of decision about provisional registrationSection 34 (5) (b) (iv) and (v)  12

Part 8Nature Conservation Act 2014

15          Ramsar wetland management plan—monitoring and reviewSection 203 (2)  13

16          Offence—take plant or plant reproductive material into reserveNew section 219 (4)  13

Part 9Planning and Development Act 2007

17          Draft land management plan—custodian to prepareNew section 321 (2) (c)  14

Part 10Public Place Names Act 1989

18          Regard given to certain namesSection 4 (3)  15

Part 11Water Resources Act 2007

19          Coordination group—functionsSection 67B (2) (a)  16

20          Section 67B (4)  16

21          Annual report by coordination groupNew section 67D (4)  16

22          Section 67D (5), new definition of pre-election period  17

23          Coordination group—membershipSection 67E (1) (a)  17

Part 12Water Resources Regulation 2007

24          New section 10A  18

25          Membership of coordination group—Act, s 67E (1) (g)Section 11 (1)  18

26          Section 11 (2), new definitions  19

Planning, Building and Environment Legislation Amendment Act 2017 (No 2)

A2017-20

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 (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:

    ·     Climate Change and Greenhouse Gas Reduction Act 2010

    ·     Electricity Feed-in (Large-scale Renewable Energy Generation) Act 2011

    ·     Electricity Feed-in (Renewable Energy Premium) Act 2008

    ·     Energy Efficiency (Cost of Living) Improvement Act 2012

    ·     Environment Protection Act 1997

    ·     Heritage Act 2004

    ·     Nature Conservation Act 2014

    ·     Planning and Development Act 2007

    ·     Public Place Names Act 1989

    ·     Water Resources Act 2007

    ·     Water Resources Regulation 2007.

  4. Legislation repealed

    The Public Place Names Regulation 2001 (SL2001-36) is repealed.

Part 2Climate Change and Greenhouse Gas Reduction Act 2010

  1. Annual report by council
    Section 19 (4)

    substitute

    (4)However, if—

    (a)there are no sitting days during the 21-day period—

    (i)the Minister must give the report and the statement, and a copy of each for each member of the Legislative Assembly, to the Speaker; and

    (ii)the report and the statement are taken for all purposes to have been presented to the Legislative Assembly on the day the Minister gives it to the Speaker (the report day); and

    (iii)the Speaker must arrange for a copy of the report and a copy of the statement to be given to each member of the Legislative Assembly on the report day; and

    (iv)despite subparagraph (ii), the Speaker must present the report and the statement to the Legislative Assembly on the next sitting day; or

    (b)the 21-day period coincides with all or part of the pre-election period for a general election of members of the Assembly—the Minister must table the report and the statement in the Legislative Assembly on the second sitting day after the election is held.

  2. Section 19 (5), new definition of pre-election period

    insert

    pre-election period—see the Electoral Act 1992, dictionary.

Part 3Electricity Feed-in (Large-scale Renewable Energy Generation) Act 2011

  1. New section 26

    insert

  2. Electricity Feed-in (Large-scale Renewable Energy Generation) Regulation 2017—sch 1

    (1)The provisions set out in schedule 1 are taken, on the commencement of this section, to be a regulation made under section 25.

    (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 25.

    (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 (No 2) is notified; and

    (b)to have commenced on the commencement of the Planning, Building and Environment Legislation Amendment Act 2017 (No 2); 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 1 expire on the day they commence.

  3. New schedule 1

    insert

Schedule 1Electricity Feed-in (Large‑scale Renewable Energy Generation) Regulation 2017

(see s 26)

Electricity Feed-in (Large scale Renewable Energy Generation) Regulation 2017

Subordinate Law SL2017-

made under the

Electricity Feed-in (Large-scale Renewable Energy Generation) Act 2011

  1. Name of regulation

    This regulation is the Electricity Feed-in (Large-scale Renewable Energy Generation) Regulation 2017.

  2. Prescribed areas—Act, dict, def Australian capital region, par (b)

    (1)Areas for which the following councils have been constituted are prescribed:

    (a)Bega Valley Shire Council;

    (b)Eurobodalla Shire Council;

    (d)Cootamundra-Gundagai Regional Council;

    (c)Goulburn Mulwaree Council;

    (e)Hilltops Council;

    (f)Queanbeyan-Palerang Regional Council;

    (g)Snowy Monaro Regional Council;

    (h)Snowy Valleys Council;

    (i)Upper Lachlan Council;

    (j)Yass Valley Council.

    (2)In this section:

    area—see the Local Government Act 1993 (NSW), dictionary.

    council—see the Local Government Act 1993 (NSW), dictionary.

  3. Dictionary, definition of Australian capital region

    substitute

    Australian capital region means the region made up of—

    (a)the ACT; and

    (b)if a regulation prescribes an area that makes up the region—the prescribed area.

Part 4Electricity Feed-in (Renewable Energy Premium) Act 2008

  1. Meaning of compliant
    Section 5E (5), definition of service and installation rules

    omit

    Utilities Act 2000

    substitute

    Utilities (Technical Regulation) Act 2014

  2. Section 5E (5), note

    substitute

    NoteTechnical codes made under the Utilities (Technical Regulation) Act 2014 are accessible at The service and installation rules are accessible at 5Energy Efficiency (Cost of Living) Improvement Act 2012

    1. Sharing information—non-territory agencies
      Section 28C (1) (b)

      substitute

      (b)the information relates to compliance with a law of another jurisdiction that makes provision for energy efficiency or greenhouse gas abatement.

    Part 6Environment Protection Act 1997

    1. Authority may require environmental audit
      Section 76 (4) and (5)

      omit

      subsection (1)

      substitute

      subsection (1) or (2)

    Part 7Heritage Act 2004

    1. Notice of decision about provisional registration
      Section 34 (5) (b) (iv) and (v)

      substitute

      (iv)the council’s reasons for its decision;

      (v)if an assessment of the place or object has been made against the heritage significance criteria—the assessment;

      (vi)the date the decision takes effect.

    Part 8Nature Conservation Act 2014

    1. Ramsar wetland management plan—monitoring and review
      Section 203 (2)

      omit

      5 years

      substitute

      7 years

    2. Offence—take plant or plant reproductive material into reserve
      New section 219 (4)

      insert

      (4)A person has the benefit of the chapter 9 exceptions for an offence against this section.

      NoteThe chapter 9 exceptions are set out in s 252.

    Part 9Planning and Development Act 2007

    1. Draft land management plan—custodian to prepare
      New section 321 (2) (c)

      insert

      (c)the environment protection authority.

    Part 10Public Place Names Act 1989

    1. Regard given to certain names
      Section 4 (3)

      substitute

      (3)Before having regard to Aboriginal or Torres Strait Islander vocabulary under subsection (2) (e), the Minister must take reasonable steps to consult an appropriate cultural group.

    Part 11Water Resources Act 2007

    1. Coordination group—functions
      Section 67B (2) (a)

      after

      capital

      insert

      water

    2. Section 67B (4)

      substitute

      (4)In this section:

      Australian capital water catchment region means the catchment area of the Murrumbidgee River upstream of Burrinjuck Dam.

    3. Annual report by coordination group
      New section 67D (4)

      substitute

      (4)However, if—

      (a)there are no sitting days during the 21-day period—

      (i)the Minister must give the report and the statement, and a copy of each for each member of the Legislative Assembly, to the Speaker; and

      (ii)the report and the statement are taken for all purposes to have been presented to the Legislative Assembly on the day the Minister gives it to the Speaker (the report day); and

      (iii)the Speaker must arrange for a copy of the report and a copy of the statement to be given to each member of the Legislative Assembly on the report day; and

      (iv)despite subparagraph (ii), the Speaker must present the report and the statement to the Legislative Assembly on the next sitting day; or

      (b)the 21-day period coincides with all or part of the pre-election period for a general election of members of the Assembly—the Minister must table the report and the statement in the Legislative Assembly on the second sitting day after the election is held.

    4. Section 67D (5), new definition of pre-election period

      insert

      pre-election period—see the Electoral Act 1992, dictionary.

    5. Coordination group—membership
      Section 67E (1) (a)

      substitute

      (a)the head of service;

      (aa)the director-general of the administrative unit responsible for the legislation prescribed by regulation;

    Part 12Water Resources Regulation 2007

    1. New section 10A

      insert

    10ACoordination group applicable legislation—Act, s 67E (1) (aa)

    The following legislation is prescribed:

    (a)Public Health Act 1997;

    (b)Utilities Act 2000, part 14;

    (c)Water Resources Act 2007.

    1. Membership of coordination group—Act, s 67E (1) (g)
      Section 11 (1)

      substitute

      (1)The following people are prescribed:

      (a)if a council is constituted for an area which is wholly or partly in the Australian capital water catchment region—a representative nominated by the council;

      (b)a representative of ICON Water Limited, who is nominated by ICON Water Limited;

      (c)a representative of the South East Local Board of the Local Land Services, who is nominated by the board.

    2. Section 11 (2), new definitions

      insert

      area—see the Local Government Act 1993 (NSW), dictionary.

      Australian capital water catchment region means the catchment area of the Murrumbidgee River upstream of Burrinjuck Dam.

      council—see the Local Government Act 1993 (NSW), dictionary.

    Endnotes

    1. Presentation speech

      Presentation speech made in the Legislative Assembly on 23 March 2017.

    2. Notification

      Notified under the Legislation Act on 15 June 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 (No 2), which originated in the Legislative Assembly as the Planning, Building and Environment Legislation Amendment Bill 2017 and was passed by the Assembly on 8 June 2017.

      Clerk of the Legislative Assembly

      © Australian Capital Territory 2017

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