Public Place Names Regulation 2001 (ACT)

This case involved the Public Place Names Regulation 2001 (ACT) which was repealed by the Planning, Building and Environment Legislation Amendment Act 2017 (No 2) (A2017-20). The regulation was originally made under the Public Place Names Act 1989 and was republished with amendments as the Public Place Names Regulation 2001 (repealed). The regulation specified the entity representing the interests of Aboriginals and Torres Strait Islanders, which was initially identified as the Aboriginal and Torres Strait Islander Commission. The key issue for the court was to determine the effect of the repeal on the regulation and its provisions.

The court considered the provisions of the Legislation Act 2001 which outline the manner in which subordinate legislation can be repealed. The court examined the specific section of the Planning, Building and Environment Legislation Amendment Act 2017 (No 2) that repealed the Public Place Names Regulation 2001. The court noted that the repeal was effective from 16 June 2017, which aligned with the commencement date specified in the repealing act. The court concluded that the repeal had the effect of nullifying the Public Place Names Regulation 2001 and that any references to the regulation in other legislation or regulations would be interpreted in light of its repeal.

Following its analysis, the court determined that the Public Place Names Regulation 2001 was effectively repealed by the Planning, Building and Environment Legislation Amendment Act 2017 (No 2). This meant that the regulation no longer had legal force and effect from the commencement date of the repealing act. The court also noted that any actions or decisions based on the repealed regulation would need to be reconsidered in light of its nullification.

The final orders of the court confirmed the repeal of the Public Place Names Regulation 2001 (repealed) and clarified that it was no longer in force as of 16 June 2017. The court's decision provided legal certainty regarding the status of the repealed regulation and its implications for any ongoing or future proceedings or actions.