Planning Legislation Amendment Act 2020 (ACT)

Case

Planning Legislation Amendment Act 2020

A2020-44

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Planning and Development Act 2007

4            Inspection etc of public register and associated documentsSection 29 (1)  3

5            Committee fails to report promptly on draft plan variationsSection 75 (1) (c) (i) and (ii)  4

6            Design review panel may provide design adviceSection 138AM (1) (b)  4

7           Form of development applicationsNew section 139 (2) (t)  5

8            Section 139 (8), new definition of expected greenhouse gas emissions statement      5

9            New sections 141A and 141B  5

10          Section 142  7

11          Development proposals requiring EIS—areas and processesSchedule 4, part 4.3, new item 9  7

12          Dictionary, new definition of greenhouse gas emissions  8

Part 3Planning and Development Regulation 2008

13          Prescribed development proposal for community consultation—Act, s 138AESection 20A (2) (b)  9

14          Section 20B  9

15          Public notification period—Act, s 157, def public notification period, par (a)New section 28 (2)  10

Part 4Residential Tenancies Act 1997

16          Section 11A (7), definition of existing energy efficiency rating              11

Planning Legislation Amendment Act 2020

A2020-44

An Act to amend legislation about planning, 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 Legislation Amendment Act 2020.

  2. Commencement

    (1)This Act (other than the following provisions) commences on the day after its notification day:

    ·     section 4

    ·     sections 7 and 8

    ·     section 11

    ·     part 4.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

    (2)Section 4 commences 2 years after this Act’s notification day.

    (3)Sections 7, 8 and 11 commence on 1 July 2021.

    (4)Part 4 commences 6 months after this Act’s notification day.

  3. Legislation amended

    This Act amends the following legislation:

    ·     Planning and Development Act 2007

    ·     Planning and Development Regulation 2008

    ·     Residential Tenancies Act 1997.

Part 2Planning and Development Act 2007

  1. Inspection etc of public register and associated documents
    Section 29 (1)

    substitute

    (1)The planning and land authority must ensure that—

    (a)during business hours, the public register and associated documents are available for public inspection; and

    (b)the following are available on the authority website:

    (i)the public register information mentioned in section 28 (1) (a), (b) and (c)—indefinitely;

    (ii)the associated documents for a development application mentioned in section 30 (1) (a), (b), (c), (d), (f), (g) and (r) (i)—for the period of 5 years from the day the development application is publicly notified under division 7.3.4;

    (iii)the associated documents for a development application mentioned in section 30 (1) (o), (q) and (r) (ii)—for the period of 5 years from the day the notice of decision on the development application is given under division 7.3.8.

  2. Committee fails to report promptly on draft plan variations
    Section 75 (1) (c) (i) and (ii)

    substitute

    (i)if the Minister’s referral is made within the period of 4 months before a general election of members of the Legislative Assembly—

    (A)if the Minister stated a period under section 73 (4)—that period of time commencing on the first sitting day of the Assembly after the general election; or

    (B)in any other case—6 months after the first sitting day of the Assembly after the general election; or

    (ii)in any other case—

    (A)if a period was stated by the Minister under section 73 (4)—that period; or

    (B)in any other case—6 months after the day the variation is referred to the committee.

  3. Design review panel may provide design advice
    Section 138AM (1) (b)

    substitute

    (b)the planning and land authority gives the design review panel an opportunity to provide further design advice about a development proposal under—

    (i)section 141A (Further information—entities and design review panel); or

    (ii)section 145A (Amended development application—previous consultation with design review panel).

  4. Form of development applications
    New section 139 (2) (t)

    before the notes, insert

    (t)if the annual amount of the expected greenhouse gas emissions from operating the development is more than the amount prescribed by regulation—an expected greenhouse gas emissions statement for the development.

  5. Section 139 (8), new definition of expected greenhouse gas emissions statement

    insert

    expected greenhouse gas emissions statement, for a development, means written information stating the annual amount of expected greenhouse gas emissions from operating the development.

  6. New sections 141A and 141B

    insert

141AFurther information—entities and design review panel

(1)This section applies if—

(a)the planning and land authority receives further information in relation to a development application under section 141; and

(b)before the planning and land authority receives the further information—

(i)the development application was referred to an entity under—

(A)section 127A (Impact track—referral of matter protected by the Commonwealth to Commonwealth); or

(B)section 147A (Development applications involving protected matter to be referred to conservator); or

(C)section 148 (Some development applications to be referred); or

(ii)the design review panel provided design advice about the development proposal under section 138AM.

(2)The planning and land authority may—

(a)if subsection (1) (b) (i) applies—refer the development application to the entity again, including the further information; or

(b)if subsection (1) (b) (ii) applies—give the design review panel an opportunity to provide further design advice about the development proposal.

141BFurther information—public notification

(1)This section applies if—

(a)a development application is publicly notified; and

(b)the public notification period for the development application has passed; and

(c)the planning and land authority receives further information in relation to the development application under section 141.

(2)The planning and land authority may publicly notify the development application again, including the further information, under division 7.3.4 (Public notification of development applications and representations).

  1. Section 142

    substitute

  2. Not providing or providing false or misleading information—development applications

    (1)This section applies if the applicant for a development application—

    (a)includes false or misleading information in the application; or

    (b)is asked for further information in relation to the application by the planning and land authority under section 141 and the applicant—

    (i)provides false or misleading information in response to the request; or

    (ii)does not provide some or all of the information in accordance with the request.

    (2)The planning and land authority may refuse the application under section 162.

    NoteIt is also an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

  3. Development proposals requiring EIS—areas and processes
    Schedule 4, part 4.3, new item 9

    insert

9 proposal for which the annual expected greenhouse gas emissions from operating the development is more than the amount prescribed by regulation

  1. Dictionary, new definition of greenhouse gas emissions

    insert

    greenhouse gas emissions—see the Climate Change and Greenhouse Gas Reduction Act 2010, dictionary.

Part 3Planning and Development Regulation 2008

  1. Prescribed development proposal for community consultation—Act, s 138AE
    Section 20A (2) (b)

    after

    schedule 1B

    insert

    other than a development proposal that is less than 100m from a dwelling

  2. Section 20B

    substitute

20BConsultation with design review panel—Act, s 138AL

The following development proposals are prescribed:

(a)a proposal for a building with 5 or more storeys;

(b)a proposal—

(i)to increase the floorspace of a shop by more than 2 000m2; and

(ii)that is fully or partly located within 1 or more of the following:

(A)a residential zone;

(B)a commercial zone;

(C)a community facility zone;

(D)a parks and recreation zone.

NoteZone means a zone identified in the territory plan (see Act, dict).

  1. Public notification period—Act, s 157, def public notification period, par (a)
    New section 28 (2)

    insert

    (2)In this section:

    working day means a day that is not—

    (a)a Saturday or Sunday; or

    (b)a public holiday in the ACT; or

    (c)in the period beginning on 20 December in a year and ending on 10 January the following year.

Part 4Residential Tenancies Act 1997

  1. Section 11A (7), definition of existing energy efficiency rating

    omit

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 7 May 2020.

  2. Notification

    Notified under the Legislation Act on 27 August 2020.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Planning Legislation Amendment Bill 2020, which was passed by the Legislative Assembly on 20 August 2020.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2020

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