Public Unleased Land Act 2013 (ACT)

Public Unleased Land Act 2013

A2013-3

Republication No 18

Effective: 1 January 2024

Republication date: 1 January 2024

Last amendment made by A2023‑52

About this republication

The republished law

This is a republication of the Public Unleased Land Act 2013 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 January 2024. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 January 2024.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication includes amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Public Unleased Land Act 2013

Contents

Page

Part 1      Preliminary
1            Name of Act  2
3            Dictionary  2
4            Notes  2
5Offences against Act—application of Criminal Code etc 3
6            Object of Act  3
7           Application of Act to Territory  3
8            Meaning of public unleased land  4
9            Meaning of public road  4
9A          Meaning of carries on business as a hawker  4
Part 2      Managing and protecting public unleased land
Division 2.1                  Public roads
10          Director‑general may fix or change public road levels  5
11          Director‑general may temporarily close public roads  6
12          Approval to use closed road  6
13          Offence—use closed road without approval  7
14          Director‑general may make temporary public roads  7
Division 2.2                  Drainage affecting public unleased land
15          Directions to construct surface water drains  8
16          Offence—fail to comply with drainage direction  9
17          Construction of drains by Territory  9
Division 2.3                  Work on public unleased land
18          Meaning of work on public unleased land  10
19          Approval to carry out work on public unleased land  10
20          Offence—carry out work on public unleased land without approval        12
Division 2.4                  Damage to public unleased land
21          Directions to repair damage to public unleased land  13
22          Offence—fail to comply with repair damage direction  14
23          Repair of damage by Territory  14
Division 2.5                  Signs on public unleased land
24          Meaning of sign on public unleased land  14
25          Approval to place sign on public unleased land  15
26          Offence—place fixed sign on public unleased land without approval       16
27          Movable signs code of practice  16
28          Offence—fail to comply with code of practice  17
29          Territory indemnified regarding movable signs  18
Division 2.6                  Trees and other plants affecting public unleased land
30          Definitions—div 2.6  19
31          Direction to prune tree etc overhanging public unleased land               19
32          Offence—fail to comply with plant pruning direction  20
33          Pruning of tree etc by Territory  21
34          Direction to remove tree etc endangering public on public unleased land 21
35          Offence—fail to comply with plant removal direction  22
36          Removal of tree etc by Territory  22
Division 2.7                  Graffiti visible from public unleased land
37          Meaning of occupier of leased territory land—div 2.7  23
38          Graffiti removal from property on leased territory land  23
39          Graffiti removal—liability of the Territory  24
Part 3      Public unleased land permits
Division 3.1                  Important concepts
40          What is a public unleased land permit?  25
41          When does a person use public unleased land?—pt 3  25
42          Who is an influential person for a corporation?—pt 3  26
Division 3.2                  Public unleased land permits—offences
43          Offence—use public unleased land without permit  27
44          Offence—fail to comply with condition of permit  28
Division 3.3                  Public unleased land permits—application
45          Public unleased land permit—application  29
Division 3.4                  Public unleased land permits—suitability of people
46          Who is a suitable person to hold a public unleased land permit?           30
47          What is suitability information about a person?  31
48          Suitability of people—further information about people  32
Division 3.5                  Public unleased land permits—suitability of activities
49          What is a suitable activity for a public unleased land permit?               32
50          What is suitability information about an activity?  33
51          Suitability of activities—further information about activity  35
52          Suitability of activities—other approvals  35
52A           Suitability of activities—consultation with conservator  36
53          Suitability of activities—public consultation  36
54          Suitability of activities—public consultation submissions  38
55          Suitability of activities—risk management plan  38
56          Suitability of activities—inspection of object  39
Division 3.6                  Public unleased land permits—decision
57          Public unleased land permit—decision on application  40
58          Public unleased land permit—form  42
59          Public unleased land permit—term  43
Division 3.7                  Public unleased land permits—financial assurance conditions
60          Meaning of financial assurance condition  43
61          Financial assurance condition—imposition  43
62          Financial assurance condition—show cause  44
63          Financial assurance condition—permit cancellation  45
64          Financial assurance condition—claim or realisation  46
65          Financial assurance condition—notice before claim or realisation         46
66          Financial assurance condition—recovery of extra costs  47
67          Financial assurance condition—money held by Territory  48
Division 3.8                  Public unleased land permits—amendment, transfer, renewal, etc
68          Public unleased land permit—amendment initiated by director‑general     49
69          Public unleased land permit—application to amend permit                 50
70          Public unleased land permit—decision on application to amend permit     51
71          Public unleased land permit—application to transfer permit                53
72          Public unleased land permit—decision on application to transfer permit    54
73          Public unleased land permit—application for renewal of permit            55
74          Public unleased land permit—decision on application for renewal of permit 55
75          Public unleased land permit—replacing when lost, stolen or destroyed     57
76          Public unleased land permit—surrender  58
77          Offence—fail to notify change of name or address  58
78          Public unleased land permit—director‑general to change name and address    59
Division 3.9                  Public unleased land permits—regulatory action
79          Public unleased land permit—grounds for regulatory action                59
80          Public unleased land permit—regulatory action  59
81          Public unleased land permit—taking regulatory action  60
82          Public unleased land permit—immediate suspension  61
83          Public unleased land permit—effect of suspension  62
84          Offence—fail to return amended, suspended or cancelled permits        63
85          Action by director‑general in relation to amended or suspended permit    63
Division 3.10               Public unleased land permit register
86          Public unleased land permit register  64
87          Correction and keeping up-to-date register  64
Part 4      Enforcement
Division 4.1                  General
88          Definitions—pt 4  65
Division 4.2                  Authorised people
89          Authorised people  65
90          Identity cards  66
91          Power not to be exercised before identity card shown  67
Division 4.3                  Directions etc
Subdivision 4.3.1       General directions
92          Direction to give name and address  67
93          Offence—fail to comply with direction to give name and address           68
94          Direction to produce approval, permit or insurance policy                   69
95          Offence—fail to comply with direction to produce approval, permit or insurance policy 70
96          Direction to leave permitted public unleased land  70
97          Offence—fail to comply with direction to leave permitted public unleased land 71
98          Direction to remove objects from public unleased land  72
99          Offence—fail to comply with removal direction  74
99A           Offence—hawkers obstructing or endangering public  74
Subdivision 4.3.2       Urgent action
100         Director‑general’s directions  74
101         Offence—fail to comply with director‑general’s direction  76
102         Emergency closure of permitted place  76
103         Emergency closure notice  77
104         Offence—fail to comply with emergency closure order  77
Division 4.4                  Removal and disposal of objects on public unleased land by Territory
105         Removal of objects by Territory  78
105A          Removal of non-compliant electoral advertising signs by Territory         79
106         Disposal of objects by Territory  80
Division 4.5                  Powers of authorised people
107         Power to enter premises  81
108         Production of identity card  82
109         Consent to entry  82
110         General powers on entry to premises  83
111         Power to seize things  84
Division 4.6                  Search warrants
112         Warrants generally  85
113         Warrants—application made other than in person  86
114         Search warrants—announcement before entry  88
115         Details of search warrant to be given to occupier etc  89
116         Occupier entitled to be present during search etc  89
Division 4.7                  Return and forfeiture of things seized
117         Receipt for things seized  89
118         Moving things to another place for examination or processing under search warrant    90
119         Access to things seized  91
120         Return of things seized  91
121         Forfeiture of seized things  92
122         Power to destroy unsafe things  93
123         Application for order disallowing seizure  94
124         Order for return of seized thing  94
Division 4.8                  Enforcement—miscellaneous
125         Damage etc to be minimised  95
126         Compensation for exercise of enforcement powers  96
Part 5      Notification and review of decisions
127         What is a reviewable decision?—pt 5  97
128         Reviewable decision notices  97
129         Applications for review  97
Part 6      Miscellaneous
130         Determination of fees etc  98
131         Approved forms  98
132         Regulation-making power  98
Schedule 1 Reviewable decisions  99
Dictionary101
Endnotes
1            About the endnotes  106
2            Abbreviation key  106
3            Legislation history  107
4            Amendment history  110
5            Earlier republications  115
6            Expired transitional or validating provisions  117

Public Unleased Land Act 2013

An Act about public unleased land, and for other purposes

Part 1Preliminary

Name of Act
This Act is the Public Unleased Land Act 2013.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘registered operator––see the Road Transport (Vehicle Registration) Act 1999, dictionary.’ means that the term ‘registered operator’ is defined in that dictionary and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Object of Act
The main objects of this Act are to—
(a)protect the amenity and natural value of public unleased land; and
(b)facilitate the use of public unleased land.
Application of Act to Territory
(1)The following sections do not bind the Territory:
(a)section 16 (Offence—fail to comply with drainage direction);
(b)section 20 (Offence—carry out work on public unleased land without approval);
(c)section 22 (Offence—fail to comply with repair damage direction).
(2)This section has effect despite the Legislation Act, section 121 (Binding effect of Acts).
Meaning of public unleased land
In this Act:
public unleased land means unleased territory land that—
(a)the public is entitled to use; or
(b)is open to, or used by, the public.
Meaning of public road
In this Act:
public road means any street, road, lane, thoroughfare, footpath, or place that is—
(a)territory land; and
(b)open to, or used by, the public.

9AMeaning of carries on business as a hawker
For this Act, a person carries on business as a hawker—
(a)if the person carries on an itinerant business selling—
(i)goods carried by the person, or by a vehicle used by the person; or
(ii)services provided by the person, or provided from a vehicle used by the person; or

(b)if the person sells goods or services for a person mentioned in paragraph (a).

Part 2Managing and protecting public unleased land
Division 2.1 Public roads

Director‑general may fix or change public road levels
(1)The director‑general may fix or change the level of a public road.
(2)Before deciding whether to fix or change a level, the director‑general must—
(a)at least 30 days before the level is to be fixed or changed—twice give public notice about the proposal to fix or change the level; and
(b)give anyone interested in the proposal an opportunity to be heard about the proposal.
NotePublic notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).
(3)The public notice must state—
(a)the name and location of the road; and
(b)where plans of the proposal may be inspected; and
(c)where and when anyone interested in the proposal may be heard.
(4)The director‑general must hear anyone interested in the proposal at the time and place mentioned in the notice.
(5)In deciding whether to fix or change the level, the director‑general must consider submissions made at the hearing.
Director‑general may temporarily close public roads
(1)The director‑general may temporarily close a public road (a closed road).
(2)Before closing a public road, the director-general must—
(a)at least 7 days before the road is to be closed—give public notice about the proposal to close the road; and
(b)display a notice about the proposal to close the road in a conspicuous place at the road.
NotePublic notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).
(3)Subsection (2) does not apply in urgent circumstances.
Approval to use closed road
(1)A person may apply to the director‑general for approval (a closed road approval) to use a closed road.
Note 1If a form is approved under s 131 for this provision, the form must be used.
Note 2A fee may be determined under s 130 for this provision.
(2)On receiving an application, the director‑general must—
(a)give a copy of the application to each entity the director‑general considers should be consulted about the application; and
(b)tell each entity that they may give a written submission to the director‑general, not later than 15 working days after receiving the copy of the application, about—
(i)why the closed road should not be used; or
(ii)how the closed road should be used.
NoteFor how documents may be given, see the Legislation Act, pt 19.5.
(3)In deciding whether to issue an approval, the director‑general must consider—
(a)whether the use would be likely to—
(i)cause undue risk to people or property; or
(ii)damage the road; and
(b)any submissions received under subsection (2).
(4)The director‑general may issue an approval only if reasonably satisfied that use of the road in accordance with the approval would not be likely to cause unacceptable risk to people, property or the road.
(5)An approval may be subject to any condition that the director‑general reasonably believes is necessary for the management or protection of the road.
Offence—use closed road without approval
(1)A person commits an offence if the person—
(a)uses a closed road; and
(b)does not hold a closed road approval authorising the use of the closed road.
Maximum penalty: 10 penalty units.
(2)An offence against this section is a strict liability offence.
Director‑general may make temporary public roads
(1)This section applies if the director‑general—
(a)temporarily closes a public road under section 11 (Director‑general may temporarily close public roads); and
(b)considers that it is necessary to make a temporary road for use while the road is closed.
(2)The director‑general may make a temporary public road.
(3)However, if the land for the temporary public road is fenced, the director‑general must tell the occupier or owner of the land about the temporary public road at least 24 hours before making the temporary public road.
(4)Subsection (3) does not apply in urgent circumstances.
(5)The Territory is liable for any damage caused in making the temporary public road, other than any minor damage that is incidental to the making of the temporary public road.

Division 2.2 Drainage affecting public unleased land

Directions to construct surface water drains
(1)This section applies if surface water from land—
(a)overflows into public unleased land; and
(b)damages the public unleased land.
(2)The director‑general may direct (a drainage direction) the land owner to do 1 or more of the following:
(a)repair the damage;
(b)construct stated drains.
(3)A drainage direction must be in writing and state—
(a)if damage is to be repaired—
(i)the public unleased land; and
(ii)the damage to be repaired; and
(b)if a drain is to be constructed—
(i)the location of the drain; and
(ii)the size of the drain; and
(iii)that the owner must maintain the drain in good condition; and
(c)when the direction must be complied with, being a day at least 1 month after the direction is given to the owner.
NotePower to make the direction includes power to amend or repeal the direction (see Legislation Act, s 46).
Offence—fail to comply with drainage direction
(1)A person commits an offence if the person—
(a)is subject to a drainage direction; and
(b)fails to comply with the direction.
Maximum penalty: 5 penalty units.
(2)An offence against this section is a strict liability offence.
Construction of drains by Territory
(1)This section applies if a land owner—
(a)is subject to a drainage direction; and
(b)fails to comply with the direction.
(2)The director‑general may—
(a)if a drain has not been constructed or maintained as directed—
(i)enter onto the land mentioned in the drainage direction, with the assistance that the director‑general considers necessary; and
(ii)construct or maintain the drains mentioned in the drainage direction; and
(iii)recover the reasonable costs of the construction or maintenance from the land owner; and
(b)if damage to public unleased land has not been repaired as directed—
(i)repair the damage; and
(ii)recover the reasonable costs of repairing the damage from the land owner.
Note 1Powers of entry are further dealt with in div 4.5.
Note 2An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).

Division 2.3 Work on public unleased land

Meaning of work on public unleased land
In this Act:
work, on public unleased land, includes—
(a)any interference with Territory property on the public unleased land; and
(b)construction work carried out on the public unleased land.
Approval to carry out work on public unleased land
(1)A person may apply to the director‑general for approval (a work approval) to carry out work on public unleased land.
Note 1If a form is approved under s 131 for this provision, the form must be used.
Note 2A fee may be determined under s 130 for this provision.
(2)On receiving an application, the director‑general must—
(a)give a copy of the application to each entity the director‑general considers should be consulted about the application; and
(b)tell each entity that they may give a written submission to the director‑general, not later than 15 working days after receiving the copy of the application, about—
(i)why the work should not be carried out; or
(ii)how the work should be carried out.
NoteFor how documents may be given, see the Legislation Act, pt 19.5.
(3)If the public unleased land is a reserve, the director‑general must consult the conservator about the application.
(4)In deciding whether to issue an approval, the director‑general must consider—
(a)whether the work would be likely to—
(i)cause undue disturbance, inconvenience or offence to people lawfully on or near the public unleased land; or
(ii)cause undue risk to people or property; or
(iii)damage the public unleased land; and
(iv)damage a protected tree, or be prohibited groundwork in the protection zone of a protected tree; and
(b)any submissions received under subsection (2).
(5)The director‑general may issue an approval only if reasonably satisfied that carrying out the work in accordance with the approval would not be likely to—
(a)unacceptably affect people lawfully on or near the public unleased land; and
(b)cause unacceptable risk to people, property or the public unleased land; and
(c)cause unacceptable damage to a protected tree.
NoteUnder the Urban Forest Act 2023, s 92, an applicant for a work approval may be required to enter into a tree bond agreement if a protected tree is at risk of damage because of work carried out under the approval.
(6)An approval may be subject to any condition that the director‑general reasonably believes is necessary to—
(a)eliminate an effect or risk mentioned in subsection (5); or
(b)if the effect or risk cannot be eliminated—minimise the effect or risk.
Examples—conditions
1 that the work site be lit from sunset to sunrise
2 that the work site be fenced
(7)In this section:
prohibited groundwork—see the Urban Forest Act 2023, section 15.
Offence—carry out work on public unleased land without approval
(1)A person commits an offence if the person—
(a)carries out work on public unleased land; and
(b)does not hold a work approval authorising the carrying out of the work on the public unleased land.
Maximum penalty: 10 penalty units.
(2)An offence against this section is a strict liability offence.

Division 2.4 Damage to public unleased land

Directions to repair damage to public unleased land
(1)This section applies if—
(a)a person causes damage to—
(i)public unleased land; or
(ii)Territory property on public unleased land; and
Example—Territory property on public unleased land
1boundary mark
2public notice
(b)the damage is not authorised under—
(i)an approval under this Act; or
Examples—approvals that may authorise damage
1 closed road approval
2 work approval
(ii)a public unleased land permit; or
(iii)a nature conservation licence under the Nature Conservation Act 2014, section 262 (What is a nature conservation licence?).
(2)The director‑general may direct (a repair damage direction) the person to repair the damage.
(3)A repair damage direction must be in writing and state—
(a)the public unleased land and Territory property (if any); and
(b)the damage to be repaired; and
(c)when the direction must be complied with, being a day at least 1 month after the direction is given to the person.
NotePower to make the direction includes power to amend or repeal the direction (see Legislation Act, s 46).
Offence—fail to comply with repair damage direction
(1)A person commits an offence if the person—
(a)is subject to a repair damage direction; and
(b)fails to comply with the direction.
Maximum penalty: 20 penalty units.
(2)An offence against this section is a strict liability offence.
Repair of damage by Territory
(1)This section applies if a person—
(a)is subject to a repair damage direction; and
(b)fails to comply with the direction.
(2)The director‑general may—
(a)repair the damage; and
(b)recover the reasonable costs of repairing the damage from the person.
NoteAn amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).

Division 2.5 Signs on public unleased land

Meaning of sign on public unleased land
In this Act—
sign, on public unleased land, includes—
(a)an advertisement; and
(b)a public notice.
Approval to place sign on public unleased land
(1)A person may apply to the director‑general for approval (a sign approval) to place a sign on public unleased land.
Note 1If a form is approved under s 131 for this provision, the form must be used.
Note 2A fee may be determined under s 130 for this provision.
(2)On receiving an application, the director‑general must—
(a)give a copy of the application to each entity the director‑general considers should be consulted about the application; and
(b)tell each entity that they may give a written submission to the director‑general, not later than 15 working days after receiving the copy of the application, about—
(i)why the sign should not be placed on the public unleased land; or
(ii)how the sign should be placed on the public unleased land.
NoteFor how documents may be given, see the Legislation Act, pt 19.5.
(3)In deciding whether to issue an approval, the director‑general must consider—
(a)whether the placement of the sign would be likely to—
(i)cause undue disturbance, inconvenience or offence to people lawfully on or near the public unleased land; or
(ii)cause undue risk to people or property; or
(iii)damage the public unleased land; and
(b)any submissions received under subsection (2).
(4)The director‑general may issue an approval only if satisfied that placing the sign in accordance with the approval would not be likely to—
(a)unacceptably affect people lawfully on or near the public unleased land; and
(b)cause unacceptable risk to people, property or the public unleased land.
(5)If the sign is a movable sign, the approval is subject to the condition that the placement and keeping of the sign must comply with the movable signs code of practice.
(6)An approval may be subject to any other condition that the director‑general reasonably believes is necessary for the management or protection of the public unleased land.
Offence—place fixed sign on public unleased land without approval
(1)A person commits an offence if the person—
(a)places a fixed sign on public unleased land; and
(b)does not hold a sign approval authorising the placing of the sign on the public unleased land.
Maximum penalty: 10 penalty units.
(2)An offence against this section is a strict liability offence.
Movable signs code of practice
(1)The Minister may approve a code of practice about movable signs on public unleased land (a movable signs code of practice).
(2)A movable signs code of practice may include provisions about 1 or more of the following matters:
(a)the construction of movable signs on public unleased land;
(b)the size of movable signs on public unleased land;
(c)the location of movable signs on public unleased land;
(d)the words or images that may be displayed on movable signs on public unleased land;
(e)the number of movable signs that may be placed on public unleased land;
(f)the kind of insurance policy that a person placing a movable sign on public unleased land must hold.
(3)An approved code of practice is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Offence—fail to comply with code of practice
(1)A person commits an offence if—
(a)the person places a movable sign on public unleased land; and
(b)either—
(i)the person fails to comply with the movable signs code of practice; or
(ii)the sign does not comply with the movable signs code of practice.
Maximum penalty:
(a)if the failure relates to insurance—50 penalty units; or
(b)if the failure does not relate to insurance—10 penalty units.
(2)A person commits an offence if—
(a)the person places, or causes to be placed, an electoral advertising sign on public unleased land; and
(b)the person fails to comply with the movable signs code of practice for the sign; and
(c)the failure relates to either—
(i)the number of signs that may be placed on public unleased land; or
(ii)the sign being placed on public unleased land that is adjacent to a designated public road.
Maximum penalty: 20 penalty units.
(3)An offence against this section is a strict liability offence.
(4)In this section:
designated public road means a public road, or part of a public road, prescribed by the movable signs code or practice.
electoral advertising sign means a movable sign that contains electoral matter.
electoral matter—
(a)means any matter that is intended, or is likely, to affect voting in an ACT, Commonwealth or State election or referendum; and
(b)includes any matter that contains an express or implied reference to—
(i)an ACT, Commonwealth or State election or referendum; or
(ii)any matter on which electors are required to vote in an ACT, Commonwealth or State election or referendum.
NoteState includes the Northern Territory (see Legislation Act, dict, pt 1).
Territory indemnified regarding movable signs
A person who places a movable sign on public unleased land is liable to indemnify the Territory for any liability the Territory incurs as a result of the movable sign being on the public unleased land.

Division 2.6 Trees and other plants affecting public unleased land

Definitions—div 2.6
In this division:
leased land—see the Urban Forest Act 2023, dictionary.
registered tree—see the Urban Forest Act 2023, section 10.
tree damaging activity approval means an approval under the Urban Forest Act 2023—
(a)section 28 (Approval application—decision); or
(b)section 32 (Approval in urgent circumstances or for minor works).
Direction to prune tree etc overhanging public unleased land
(1)This section applies if the director‑general believes on reasonable grounds that a tree or other plant on leased land is—
(a)overhanging public unleased land; and
(b)likely to obstruct or inconvenience anyone on the public unleased land.
Example—other plant
a hedge
(2)The director‑general may direct (a plant pruning direction) the occupier of the land on which the tree or other plant is growing to prune the tree or other plant.
(3)However, if the tree or other plant is a registered tree and the pruning would or may damage the tree, a tree damaging activity approval for the pruning must be in force before the director-general issues the plant pruning direction.
NoteA tree damaging activity approval is not needed for a regulated tree because anything done in relation to a regulated tree under a plant pruning direction is an exception to an offence under the Urban Forest Act 2023, s 16 or s 17 (see that Act, s 18 (1) (e) (i)).
(4)The plant pruning direction must—
(a)be in writing; and
(b)state the public unleased land; and
(c)identify the tree or other plant; and
(d)state how the tree or plant must be pruned; and
(e)state when the direction must be complied with, being a day at least 7 days after the direction is given to the occupier; and
(f)if subsection (3) applies to the tree or other plant—be accompanied by the tree damaging activity approval.
NotePower to make the direction includes power to amend or repeal the direction (see Legislation Act, s 46).
Offence—fail to comply with plant pruning direction
(1)A person commits an offence if the person—
(a)is subject to a plant pruning direction; and
(b)fails to comply with the direction.
Maximum penalty: 5 penalty units.
(2)An offence against this section is a strict liability offence.
Pruning of tree etc by Territory
(1)This section applies if an occupier—
(a)is subject to a plant pruning direction; and
(b)fails to comply with the direction.
(2)The director‑general may—
(a)enter onto the land mentioned in the plant pruning direction, with the assistance that the director‑general considers necessary; and
NotePowers of entry are further dealt with in div 4.5.
(b)prune the tree or other plant as mentioned in the plant pruning direction; and
(c)recover the reasonable costs of the pruning from the occupier.
NoteAn amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
Direction to remove tree etc endangering public on public unleased land
(1)This section applies if the director‑general believes on reasonable grounds that a tree or other plant on leased land endangers the safety of anyone on public unleased land.
Example—tree or plant endangering safety of person on public unleased land
tree obstructing vision of drivers on public road
(2)The director‑general may direct (a plant removal direction) the occupier of the land on which the tree or other plant is growing to immediately remove the tree or plant.
(3)However, if the tree or other plant is a registered tree, a tree damaging activity approval for the removal must be in force before the director‑general issues the plant removal direction.
NoteA tree damaging activity approval is not needed for a regulated tree because anything done in relation to a regulated tree under a plant removal direction is an exception to an offence under the Urban Forest Act 2023, s 16 or s 17 (see that Act, s 18 (1) (e) (ii)).
(4)The plant removal direction must—
(a)be in writing; and
(b)state the public unleased land; and
(c)identify the tree or other plant; and
(d)state when the direction must be complied with, being a day at least 5 days after the direction is given to the occupier; and
(e)if subsection (3) applies to the tree or other plant—be accompanied by the tree damaging activity approval.
NotePower to make the direction includes power to amend or repeal the direction (see Legislation Act, s 46).
Offence—fail to comply with plant removal direction
(1)A person commits an offence if the person—
(a)is subject to a plant removal direction; and
(b)fails to comply with the direction.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
Removal of tree etc by Territory
(1)This section applies if an occupier—
(a)is subject to a plant removal direction; and
(b)fails to comply with the direction.
(2)The director‑general may—
(a)enter onto the land mentioned in the plant removal direction, with the assistance that the director‑general considers necessary; and
(b)remove the tree or other plant; and
(c)recover the reasonable costs of the pruning from the occupier.
Note 1Powers of entry are further dealt with in div 4.5.
Note 2An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).

Division 2.7 Graffiti visible from public unleased land

Meaning of occupier of leased territory land—div 2.7
In this division:
occupier, of leased territory land, includes—
(a)a person believed on reasonable grounds to be an occupier of the land; and
(b)a person apparently in charge of the land.
Graffiti removal from property on leased territory land
(1)This section applies to graffiti on property on leased territory land if the graffiti is visible from public unleased land.
(2)An authorised person may remove the graffiti with the consent of the occupier of the land.
(3)An authorised person may remove the graffiti without the consent of the occupier of the land if an authorised person has, immediately before the graffiti removal work is to be carried out, taken reasonable steps to tell the occupier that the work is to be carried out.
(4)However, graffiti removal work under subsection (3) must be carried out only from public unleased land.
(5)After graffiti removal work under subsection (2) or (3) has been carried out, an authorised person must tell the occupier of the land, in writing—
(a)that the work has been carried out; and
(b)about the effect of section 39.
NoteFor how documents may be given, see the Legislation Act, pt 19.5.

Graffiti removal—liability of the Territory
(1)The cost of graffiti removal work under section 38 is payable by the Territory.
(2)The Territory is liable for any damage caused to the property in carrying out graffiti removal work, other than any minor damage that is incidental to the removal of the graffiti.
Examples—minor incidental damage
1 minor discoloration of the surface from which the graffiti is removed
2 minor variations in the colour and application of paintwork
(3)The Territory is not liable for any failure to completely remove any graffiti.
(4)To remove any doubt, the Territory is not required to—
(a)carry out any graffiti removal work; or
(b)restore any property to its former state before graffiti was applied to it.

Part 3Public unleased land permits
Division 3.1 Important concepts

What is a public unleased land permit?
In this Act:
public unleased land permit means a permit that authorises the permit‑holder to exclusively use stated public unleased land (the permitted public unleased land)—
(a)at a stated time (the permitted time); and
(b)for a stated activity (the permitted activity).
When does a person use public unleased land?—pt 3
(1)In this part:
use, public unleased land—a person uses public unleased land if the person carries on an activity on the public unleased land in a way that excludes some or all members of the public from the place.
Examples—using public unleased land
1     placing tables and chairs on the footpath outside a cafe
2     placing a construction skip on a footpath
3     placing a charity bin on a footpath
4     holding markets on unleased land
5     holding a concert in a park
6     holding a wedding in a park
7     parking a car in a park
8     a person carrying on business as a hawker sells goods from their van for more than 30 minutes
(2)However, the Minister may declare that an activity on public unleased land is, or is not, use of the public unleased land for this part.
Example
An activity that excludes some members of the public from the land may be declared to not be ‘use’ if carried on in certain circumstances or at a particular time.
(3)A declaration is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Who is an influential person for a corporation?—pt 3
(1)In this part:
influential person, for a corporation, means any of the following:
(a)an executive officer of the corporation;
(b)a person who may exercise a relevant power in relation to the corporation;
(c)a related corporation;
(d)an executive officer of a related corporation.
(2)In this section:
related corporation means a related body corporate under the Corporations Act.
relevant power, for a corporation, means a power—
(a)to take part in a directorial, managerial or executive decision for the corporation; or
(b)to elect or appoint a person as an executive officer in the corporation; or
(c)to exercise a significant influence in relation to the conduct of the corporation.

Division 3.2 Public unleased land permits—offences

Offence—use public unleased land without permit
(1)A person commits an offence if the person—
(a)uses public unleased land; and
(b)does not hold a public unleased land permit authorising the use.
Maximum penalty: 20 penalty units.
(2)An offence against this section is a strict liability offence.
(3)This section does not apply to a person if the person—
(a)holds a work approval or sign approval for the public unleased land; and
(b)uses the public unleased land in accordance with the approval.
(4)This section does not apply to a person if the person—
(a)holds a licence under the—
(i)Planning Act 2023, section 378 (Decision on licence applications for unleased land), to occupy or use the public unleased land; or
(ii)Nature Conservation Act 2014, section 262 (What is a nature conservation licence?), authorising the person to carry on an activity on the land; and
(b)occupies or uses the public unleased land in accordance with the licence.
(5)This section does not apply to a person carrying out an activity in a reserve if—
(a)an activities declaration under the Nature Conservation Act 2014 is in force for the reserve, providing that the activity may be carried out in the reserve if stated directions or requirements are complied with; and
(b)the person complies with the stated directions or requirements.
(6)This section does not apply to a person—
(a)if the person carries on business as a hawker for not more than 30 minutes at a time in a single location; and
(b)if each location at which the person carries on business as a hawker is at least 180m away from commercial premises that sells similar goods or services to the goods or services available from the person carrying on business as a hawker.
Offence—fail to comply with condition of permit
(1)A person commits an offence if—
(a)the person holds a public unleased land permit; and
(b)the permit is subject to a condition; and
(c)the person fails to comply with the condition.
Maximum penalty:
(a)if the condition is not a financial assurance condition—20 penalty units; or
(b)if the condition is a financial assurance condition—30 penalty units.
(2)An offence against this section is a strict liability offence.

Division 3.3 Public unleased land permits—application

Public unleased land permit—application
(1)A person may apply to the director‑general for a public unleased land permit.
(2)The application must—
(a)be in writing; and
(b)state—
(i)the public unleased land for the permit; and
NoteSome activities are not permitted in wilderness areas (see s 57 (3)).
(ii)the times for the permit; and
(iii)the activity for the permit; and
(c)include complete details of suitability information about—
(i)the applicant; and
(ii)if the applicant is a corporation—each influential person for the applicant; and
(iii)the activity for the permit; and
NoteSuitability information
, about a person—see s 47.

Suitability information
, about an activity—see s 50.
(d)include a plan (a location plan) that—
(i)is drawn to scale; and
(ii)clearly shows—
(A)the location, boundaries and dimensions of the public unleased land for the permit; and
(B)the position of the activity on the public unleased land; and
(C)the location of any protected trees on the public unleased land.
Note 1Giving false or misleading information is an offence against the Criminal Code, s 338.
Note 2If a form is approved under s 131 for this provision, the form must be used.
Note 3A fee may be determined under s 130 for this provision.

Division 3.4 Public unleased land permits—suitability of people

Who is a suitable person to hold a public unleased land permit?
(1)In this Act:
suitable person, to hold a public unleased land permit, means a person who the director‑general is satisfied is a suitable person to hold the permit.
(2)In deciding whether a person is a suitable person to hold a public unleased land permit, the director‑general must consider each of the following:
(a)suitability information about the person;
(b)any information given to the director‑general under section 48 (Suitability of people—further information about people).
What is suitability information about a person?
In this Act:
suitability information, about a person, means information about the following:
(a)any conviction of, or finding of guilt against, the person for an offence against 1 or more of the following:
(i)this Act;
(ii)a law of another jurisdiction corresponding, or substantially corresponding, to this Act;
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(b)any proven noncompliance by the person with a legal obligation in relation to carrying on an activity on public unleased land;
Example
failing to comply with a direction to remove an object (see s 96)
(c)any refusal of an application by the person for a licence, permit or other authority (however described) to carry on an activity on public unleased land;
Example
A person has had an application refused for a licence under the Planning Act 2023, s 378, to occupy or use an area of unleased land.
(d)any other matter relevant to the person’s ability to safely and responsibly carry on an activity on public unleased land.
Suitability of people—further information about people
(1)This section applies if the director‑general is making a decision about whether a person is a suitable person to hold a public unleased land permit.
(2)The director‑general may, by written notice given to the person (a personal information notice), require the person to give the director‑general stated information about 1 or more of the following people, not later than a stated reasonable time:
(a)the person;
(b)if the person is a corporation—an influential person for the person.
NoteFor how documents may be given, see the Legislation Act, pt 19.5.
(3)The director‑general need not decide whether a person is a suitable person to hold a public unleased land permit if—
(a)the director‑general has given the person a personal information notice; and
(b)the person does not comply with the notice.

Division 3.5 Public unleased land permits—suitability of activities

What is a suitable activity for a public unleased land permit?
(1)In this Act:
suitable activity, for a public unleased land permit, means an activity that the director‑general is satisfied is suitable for the permit.
(2)In deciding whether an activity is suitable for a public unleased land permit, the director‑general must consider each of the following:
(a)suitability information about the activity;
(b)the location plan given to the director‑general with the application;
(c)any information about the activity given to the director‑general under section 51 (Suitability of activities—further information about activity);
(d)any approval, licence, permit or other authority for the activity given to the director‑general under section 52 (Suitability of activities—other approvals);
(e)any submission about the activity received by the director‑general under—
(i)section 53 (Suitability of activities—public consultation); or
(ii)section 54 (Suitability of activities—public consultation submissions);
(f)any risk management plan given to the director‑general under section 55 (Suitability of activities—risk management plan);
(g)the results of any inspection of an object by the director‑general under section 56 (Suitability of activities—inspection of object).
What is suitability information about an activity?
In this Act:
suitability information, about an activity, means information about the following:
(a)if the activity involves placing an object on public unleased land—the following information:
(i)the nature of the object;
(ii)the size of the object;
(iii)the intended use of the object;
(iv)if the object is not to remain on the public unleased land at all times during the public unleased land permit—when the object will be on the public unleased land;
(v)any risks that the placement of the object may cause to the public, and how the risks are to be minimised;
(vi)if placement of the object requires construction work on the public unleased land—
(A)the nature of the work; and
(B)any risks that the construction work may cause to the public, and how the risks are to be minimised; and
(vii)if there is a protected tree on the public unleased land—any risks that the placement of the object may pose to the tree, and how those risks are to be minimised;
(viii)any other matter relevant to the appropriateness of the object on the public unleased land;
(b)if the activity involves holding an event on public unleased land—the following information:
(i)the nature of the event;
(ii)the number of people expected to attend the event;
(iii)if the event is not to be held on the public unleased land at all times during the public unleased land permit—when the event will be held on the public unleased land;
(iv)any risks that the holding of the event may cause to the public, and how the risks are to be minimised;
(v)if there is a protected tree on the public unleased land—any risks that the holding of the event may pose to the tree, and how those risks are to be minimised;
(vi)any other matter relevant to the appropriateness of holding the event on the public unleased land.
NoteThe director‑general must also consider suitability information for an activity when deciding to amend or renew a public unleased land permit (see s 68, s 69 and s 74).
Suitability of activities—further information about activity
(1)This section applies if the director‑general is making a decision about whether an activity is a suitable activity for a public unleased land permit.
(2)The director‑general may, by written notice given to the applicant (an activity information notice), require the applicant to give the director‑general stated information about the activity, not later than a stated reasonable time.
NoteFor how documents may be given, see the Legislation Act, pt 19.5.
(3)The director‑general need not decide whether an activity is a suitable activity for a public unleased land permit if—
(a)the director‑general has given the applicant an activity information notice; and
(b)the applicant does not comply with the notice.
Suitability of activities—other approvals
(1)This section applies if—
(a)the director‑general is making a decision about whether an activity is a suitable activity for a public unleased land permit; and
(b)carrying on the activity on the public unleased land in accordance with the permit would require an approval, licence, permit or other authority (however described) under another territory law or Commonwealth law.
(2)The director‑general may, by written notice given to the applicant (an additional approval notice), require the applicant to give the director‑general a copy of the stated approval, licence, permit or other authority.
NoteFor how documents may be given, see the Legislation Act, pt 19.5.
(3)The director‑general need not decide an application for a public unleased land permit if—
(a)the director‑general has given the applicant an additional approval notice; and
(b)the applicant does not comply with the notice.

52ASuitability of activities—consultation with conservator
(1)This section applies if—
(a)the director‑general is making a decision about whether an activity is a suitable activity for a public unleased land permit; and
(b)the public unleased land is a reserve.
(2)In making the decision, the director‑general must consult the conservator.

Suitability of activities—public consultation
(1)This section applies if the director‑general is—
(a)making a decision about whether an activity is a suitable activity for a public unleased land permit; and
(b)satisfied that carrying on the activity on the public unleased land in accordance with the permit is likely to have significant impact on people lawfully at adjacent or nearby places.
(2)The director‑general may, by written notice given to the applicant (a public consultation notice), require the applicant to—
(a)display a sign about the application on the public unleased land; and
(b)give public notice about the application.
Note 1Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).
Note 2For how documents may be given, see the Legislation Act, pt 19.5.
(3)The sign and notice must—
(a)state—
(i)the times for the public unleased land permit; and
(ii)the activity for the public unleased land permit; and
(iii)that anyone may give a written submission to the director‑general about how the use of the public unleased land in accordance with the proposed permit may have significant impact on someone lawfully at adjacent or nearby places; and
(iv)that submissions may be given to the director‑general only during the 15 working days after the date of the sign or notice (the public consultation period); and
(b)comply with the requirements prescribed by regulation.
(4)A person who gives the director‑general a submission about an application may, in writing, withdraw the submission at any time before the application is decided.
(5)The director‑general need not decide an application for a public unleased land permit if—
(a)the director‑general has given the applicant a public consultation notice; and
(b)the applicant does not comply with the notice.
Suitability of activities—public consultation submissions
(1)This section applies if the director‑general—
(a)receives a submission under section 53 (3); and
(b)proposes to decide that the activity is not a suitable activity for the public unleased land permit because of information contained in the submission.
NoteThe director‑general may issue a public unleased land permit only if satisfied that the activity is a suitable activity for the public unleased land permit (see s 57).
(2)The director‑general must give the applicant written notice of the proposed decision (a public consultation submission notice).
NoteFor how documents may be given, see the Legislation Act, pt 19.5.
(3)The notice must—
(a)include a copy of the submission; and
(b)state that—
(i)the applicant may give a written submission to the director‑general showing cause why the activity should not be considered unsuitable for the public unleased land permit; and
(ii)the applicant’s submission may be given to the director‑general only during the 20 working days (the show cause period) after the date of the notice.
Suitability of activities—risk management plan
(1)This section applies if the director‑general is—
(a)making a decision about whether an activity is a suitable activity for a public unleased land permit; and
(b)satisfied that carrying on the activity on the public unleased land in accordance with the public unleased land permit is likely to cause undue risk to people or property.
(2)The director‑general may, by written notice given to the applicant (a risk management plan notice), require the applicant to prepare a risk management plan for the public unleased land permit.
NoteFor how documents may be given, see the Legislation Act, pt 19.5.
(3)The risk management plan must—
(a)identify the risks to people and property; and
(b)detail the procedures, practices and arrangements for eliminating or minimising the risks.
(4)The director‑general need not decide an application for a public unleased land permit if—
(a)the director‑general has given the applicant a risk management plan notice; and
(b)the applicant does not comply with the notice.

Suitability of activities—inspection of object
(1)This section applies if—
(a)the director‑general is making a decision about whether an activity is suitable for a public unleased land permit; and
(b)the activity involves placing an object on public unleased land.
(2)The director‑general may, by written notice given to the applicant (an inspection notice), require the applicant to allow the director‑general to inspect the object within a stated reasonable time.
NoteFor how documents may be given, see the Legislation Act, pt 19.5.
(3)The director‑general need not decide whether an activity is a suitable activity for a public unleased land permit if—
(a)the director‑general has given the applicant an inspection notice; and
(b)the applicant does not comply with the notice.

Division 3.6 Public unleased land permits—decision

Public unleased land permit—decision on application
(1)This section applies if the director‑general receives an application for a public unleased land permit.
(2)The director‑general may issue the public unleased land permit to the applicant only if reasonably satisfied that—
(a)the applicant is a suitable person to hold the public unleased land permit; and
(b)if the applicant is a corporation—each influential person for the applicant is a suitable person to hold the public unleased land permit; and
(c)the activity is a suitable activity for the public unleased land permit.
NoteSuitable person
, to hold a public unleased land permit—see s 46.

Suitable activity
, for a public unleased land permit—see s 49.
(3)However, the director‑general must not issue a public unleased land permit to carry on any of the following activities in a wilderness area:
(a)erect a building, booth, stall, post, sign or other structure;
(b)supply goods or services.
(4)A public unleased land permit may be subject to any condition that the director‑general reasonably believes is necessary to meet the objectives of this Act.
Examples—conditions
1     that the permit‑holder must hold a stated kind of insurance
2     that the permit‑holder must fence the permitted public unleased land
3     a financial assurance condition (see s 60)
4     that stated measures be put in place to avoid damage to a protected tree on the land
NoteUnder the Urban Forest Act 2023, s 92 an applicant for a public unleased land permit may be required to enter into a tree bond agreement if a protected tree is at risk of damage because of an activity to be carried out for the permit.
(5)The director‑general must, not later than the required time—
(a)decide the application; and
(b)tell the applicant about the decision on the application.
(6)In this section:
required time means the latest of the following:
(a)if the director‑general gives the applicant a personal information notice under section 48—28 days after the director‑general receives the stated information;
(b)if the director‑general gives the applicant an activity information notice under section 51—28 days after the director‑general receives the information;
(c)if the director‑general gives the applicant an additional approval notice under section 52—28 days after the director‑general receives the approval, licence, permit or other authority;
(d)if the director‑general gives the applicant a public consultation notice under section 53 and receives a submission during the public consultation period—28 days after the director‑general receives the submission;
(e)if the director‑general gives the applicant a public consultation submission notice under section 54 and receives a submission during the show cause period—28 days after the director‑general receives the submission;
(f)if the director‑general gives the applicant a risk management plan notice under section 55—28 days after the director‑general receives the risk management plan;
(g)if the director‑general gives the applicant an inspection notice under section 56—28 days after the director‑general inspects the object;
(h)28 days after the day the director‑general receives the application.
NoteFailure to issue a public unleased land permit within the required time is taken to be a decision not to issue the public unleased land permit (see ACT Civil and Administrative Tribunal Act 2008, s 12).
Public unleased land permit—form
(1)A public unleased land permit must—
(a)be in writing; and
(b)include the following information:
(i)the name of the permit‑holder;
(ii)the location of the permitted public unleased land;
(iii)the permitted activity;
(iv)the permitted times;
(v)the term of the permit;
(vi)the conditions on the permit;
(vii)anything else prescribed by regulation.
(2)A public unleased land permit may include anything else the director‑general considers relevant.
Public unleased land permit—term
(1)A public unleased land permit starts on the day stated in the permit.
(2)The director‑general must not issue a public unleased land permit for longer than 3 years.
(3)A public unleased land permit expires on the day stated in the permit.

Division 3.7 Public unleased land permits—financial assurance conditions

Meaning of financial assurance condition
In this Act:
financial assurance condition, on a public unleased land permit, means a condition requiring the permit‑holder to give the director‑general a financial assurance of a stated kind and amount.
Financial assurance condition—imposition
(1)The director‑general may impose a financial assurance condition on a public unleased land permit if satisfied that it is justified having regard to—
(a)the likelihood that the permitted activity will cause serious or material damage to the permitted public unleased land; and
(b)the likelihood that action will need to be taken in the future to repair the damage; and
(c)the financial assurance considerations (if any); and
NoteFinancial assurance considerations—see s (5).
(d)any other relevant matter.
(2)A financial assurance must be in the form of—
(a)a bank guarantee; or
(b)a bond; or
(c)an insurance policy; or
(d)if the director‑general reasonably believes that, in the circumstances, the forms of assurance in paragraphs (a), (b) and (c) are not appropriate—another form of security that the director‑general considers appropriate.
(3)The director‑general must not require financial assurance of an amount greater than the total amount that the director‑general reasonably believes is needed to repair the damage that could result from the activity.
(4)A financial assurance must be given for the period stated in the condition on the public unleased land permit.
(5)The Minister may determine matters to be considered by the director‑general in deciding whether to impose financial assurance conditions on public unleased land permits (financial assurance considerations).
(6)A determination is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Financial assurance condition—show cause
(1)If the director‑general proposes to impose a financial assurance condition on a public unleased land permit, the director‑general must give the applicant or permit‑holder written notice of the intention to impose the condition.
NoteFor how documents may be given, see the Legislation Act, pt 19.5.
(2)The notice must state—
(a)the grounds for the proposed condition; and
(b)the amount and form of the proposed financial assurance; and
(c)that the applicant or permit‑holder may give a written submission to the director‑general showing cause why the proposed condition should not be imposed; and
(d)that submissions may be given to the director‑general only during the 20 working days (the show cause period) after the date of the notice.
(3)The director‑general must, within 20 working days after the end of the show cause period—
(a)consider any submissions received under subsection (2) (d); and
(b)decide whether to impose the condition; and
(c)tell the applicant or permit‑holder (a decision notice)—
(i)about the decision; and
(ii)if the condition is to be imposed—when (the due date) the financial assurance must be provided.
(4)The director‑general must not decide a due date that is earlier than 10 working days after the date of the decision notice.
Financial assurance condition—permit cancellation
(1)This section applies if—
(a)the director‑general imposes a financial assurance condition on a public unleased land permit; and
(b)the permit‑holder does not provide the financial assurance—
(i)in accordance with the condition; or
(ii)by the due date.
(2)The director‑general must cancel the public unleased land permit.
(3)In this section:
due date—see section 62 (3) (c) (ii).
Financial assurance condition—claim or realisation
(1)This section applies if—
(a)the director‑general issues a public unleased land permit subject to a financial assurance condition; and
(b)the public unleased land is seriously or materially damaged because of the use of the public unleased land under the public unleased land permit; and
(c)the director‑general incurs, or will incur, expenses in repairing the damage to the public unleased land; and
(d)the damage is the kind of harm for which the financial assurance may be claimed or realised; and
(e)the damage was not permitted under this Act.
(2)The director‑general may recover the reasonable expenses of repairing the damage by making a claim on or realising the financial assurance.
Financial assurance condition—notice before claim or realisation
(1)Before acting under section 64, the director‑general must give the permit‑holder, a written notice stating—
(a)the serious or material damage caused by the use of the public unleased land; and
(b)details of the action taken, or to be taken, to repair the damage; and
(c)the amount of the financial assurance to be claimed or realised; and
(d)that the permit‑holder may give a written submission to the director‑general showing cause why the financial assurance should not be claimed or realised as proposed; and
(e)that a submission may be given to the director‑general only during the 20 working days (the show cause period) after the date of the notice.
NoteFor how documents may be given, see the Legislation Act, pt 19.5.
(2)The director‑general must, within 20 working days after the end of the show cause period—
(a)consider any submission received under subsection (1) (d); and
(b)decide whether to make a claim on or realise the financial assurance; and
(c)tell the permit‑holder about the decision.
Financial assurance condition—recovery of extra costs
(1)This section applies if—
(a)the director‑general makes a claim on or realises a financial assurance under a public unleased land permit; and
(b)the amount recovered by the director‑general (the realised assurance) is less than the reasonable expenses that the director‑general incurred, or will incur, in repairing the damage.
(2)The director‑general may give the permit‑holder written notice—
(a)requiring the permit‑holder to pay the stated amount, being the difference between the reasonable expenses and the realised assurance; and
(b)stating when (the due date) the stated amount is required to be paid.
NoteFor how documents may be given, see the Legislation Act, pt 19.5.
(3)The director‑general must not decide a due date that is earlier than 20 working days after the date of the notice.
(4)If the permit‑holder does not pay the stated amount on or before the due date, the amount that remains unpaid, together with interest on the unpaid amount, is a debt due to the Territory by the permit‑holder.
Note 1A rate of interest may be determined under s 130 for this provision.
Note 2An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
Financial assurance condition—money held by Territory
If an amount of money is held by the Territory as a financial assurance, the following provisions apply:
(a)interest accrues on as much of the original amount as from time to time remains unclaimed by the director‑general under section 64 (Financial assurance condition—claim or realisation);
NoteA rate of interest may be determined under s 130 for this provision.
(b)for a claim made by the director‑general under section 64, the financial assurance is taken to include any accrued interest other than interest to which the permit‑holder is entitled to be paid under paragraph (c);
(c)during the period for which the financial assurance is required, on each anniversary of the payment of the original amount, the permit‑holder is entitled to be paid by the Territory as much of the interest that accrued during the year that ended on the day before that anniversary as remains unclaimed by the director‑general under section 64;
(d)the amount of the original amount and accrued interest that remains unclaimed by the director‑general under section 64 must be paid by the Territory to the permit‑holder if—
(i)the financial assurance is no longer required by the director‑general; or
(ii)the public unleased land permit is—
(A)surrendered under section 76 (Public unleased land permit—surrender); or
(B)cancelled under section 81 (Public unleased land permit—taking regulatory action).

Division 3.8 Public unleased land permits—amendment, transfer, renewal, etc

Public unleased land permit—amendment initiated by director‑general
(1)The director‑general may, by written notice (an amendment notice) given to a permit‑holder, amend the public unleased land permit if satisfied that—
(a)the permit‑holder is a suitable person to hold the permit as amended; and
(b)if the permit‑holder is a corporation—each influential person for the permit‑holder is a suitable person to hold the permit as amended; and
(c)the permitted activity is a suitable activity for the permit as amended.
Note 1Suitable person
, to hold a public unleased land permit—see s 46.

Suitable activity
, for a public unleased land permit—see s 49.
Note 2For how documents may be given, see the Legislation Act, pt 19.5.
(2)However, the director‑general may amend the public unleased land permit only if—
(a)the director‑general has given the permit‑holder written notice (a proposal notice) of the proposed amendment; and
(b)the proposal notice states that written submissions on the proposal may be made to the director‑general before the end of a stated period of at least 14 days after the day the proposal notice is given to the permit‑holder; and
(c)after the end of the stated period, the director‑general has considered any submissions made in accordance with the proposal notice.
(3)Subsection (2) does not apply if the permit‑holder applied for, or agreed in writing to, the amendment.
(4)The amendment takes effect on the day the amendment notice is given to the permit‑holder or a later day stated in the notice.
Public unleased land permit—application to amend permit
(1)A permit‑holder may apply to the director‑general to amend the public unleased land permit.
Note 1If a form is approved under s 131 for an application, the form must be used.
Note 2A fee may be determined under s 130 for this provision.
(2)A permit‑holder must apply to the director‑general for amendment of the permit if the permit‑holder is a corporation and someone else (the new influential person) is to become an influential person for the permit‑holder.
(3)The application must—
(a)be in writing; and
(b)if the permit‑holder is a corporation and someone else is to become an influential person for the permit‑holder—include complete details of suitability information about the new influential person.
Note 1Suitability information, about a person—see s 47.
Note 2Giving false or misleading information is an offence against the Criminal Code, s 338.
Note 3If a form is approved under s 131 for this provision, the form must be used.
Note 4A fee may be determined under s 130 for this provision.
Public unleased land permit—decision on application to amend permit
(1)This section applies if the director‑general receives an application to amend a public unleased land permit under section 69.
(2)The director‑general may amend the permit only if satisfied that—
(a)the permit‑holder is a suitable person to hold the permit as amended; and
(b)if the permit‑holder is a corporation—each influential person for the permit‑holder is a suitable person to hold the permit as amended; and
(c)the permitted activity is a suitable activity for the permit as amended.
Note 1Suitable person
, to hold a public unleased land permit—see s 46.

Suitable activity
, for a public unleased land permit—see s 49.
Note 2The director‑general may require the applicant to undertake public consultation before making a decision—see s 53.
(3)The director‑general may impose or amend a condition on a public unleased land permit.
(4)The director‑general must, not later than the required time—
(a)decide the application for amendment; and
(b)tell the permit‑holder about the decision on the application.
(5)In this section:
required time means the latest of the following:
(a)if the director‑general gives the applicant a personal information notice under section 48—28 days after the director‑general receives the stated information;
(b)if the director‑general gives the applicant an activity information notice under section 51—28 days after the director‑general receives the information;
(c)if the director‑general gives the applicant an additional approval notice under section 52—28 days after the director‑general receives the approval, licence, permit or other authority;
(d)if the director‑general gives the applicant a public consultation notice under section 53 and receives a submission during the public consultation period—28 days after the director‑general receives the submission;
(e)if the director‑general gives the applicant a public consultation submission notice under section 54 and receives a submission during the show cause period—28 days after the director‑general receives the submission;
(f)if the director‑general gives the applicant a risk management plan notice under section 55—28 days after the director‑general receives the risk management plan;
(g)if the director‑general gives the applicant an inspection notice under section 56—28 days after the director‑general inspects the object;
(h)28 days after the day the director‑general receives the application.
NoteFailure to amend a public unleased land permit within the required time is taken to be a decision not to amend the permit (see ACT Civil and Administrative Tribunal Act 2008, s 12).
Public unleased land permit—application to transfer permit
(1)A permit-holder may apply to the director‑general to transfer the public unleased land permit to someone else (the proposed new permit-holder).
(2)The application must—
(a)be in writing; and
(b)include complete details of suitability information about—
(i)the proposed new permit-holder; and
(ii)if the proposed new permit-holder is a corporation—each influential person for the proposed new permit-holder.
Note 1Suitability information, about a person—see s 47.
Note 2Giving false or misleading information is an offence against the Criminal Code, s 338.
Note 3If a form is approved under s 131 for this provision, the form must be used.
Note 4A fee may be determined under s 130 for this provision.

Approved forms
(1)The director‑general may approve forms for this Act.
(2)If the director‑general approves a form for a particular purpose, the approved form must be used for that purpose.
NoteFor other provisions about forms, see the Legislation Act, s 255.
(3)An approved form is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Regulation-making power
The Executive may make regulations for this Act.
NoteRegulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Schedule 1Reviewable decisions

(see pt 5)

column 1 item	column 2 section	column 3 decision	column 4 entity
1	12 (4)	refuse to issue closed road approval	applicant for approval
2	12 (5)	impose condition on closed road approval	applicant for approval
3	15 (2)	issue drainage direction	person directed
4	19 (5)	refuse to issue work approval	applicant for approval
5	19 (6)	impose condition on work approval	applicant for approval
6	21 (2)	issue repair damage direction	person directed
7	25 (4)	refuse to issue sign approval	applicant for approval
8	25 (6)	impose condition on sign approval	applicant for approval
9	31 (2)	issue plant pruning direction	person directed
10	34 (2)	issue plant removal direction	person directed
11	57 (2)	refuse to issue public unleased land permit	applicant for permit
12	57 (4)	issue public unleased land permit—impose condition	permit‑holder
13	61 (1)	impose financial assurance condition on public unleased land permit	permit‑holder
14	66	decision to claim a financial assurance	permit-holder
15	68 (1)	amend public unleased land permit	permit‑holder
16	70 (2)	refuse to amend public unleased land permit	permit‑holder
17	70 (3)	amend public unleased land permit—impose or amend condition	permit‑holder
18	72 (2)	refuse to transfer public unleased land permit	permit‑holder proposed new permit‑holder
19	72 (3)	transfer public unleased land permit—impose or amend condition	proposed new permit‑holder
20	74 (2)	refuse to renew public unleased land permit	permit‑holder
21	74 (3)	renew public unleased land permit—impose or amend condition	permit‑holder
22	81 (3)	take regulatory action	permit‑holder
23	82 (2)	immediately suspend public unleased land permit	permit‑holder
24	98 (3)	issue removal direction	person directed
25	100 (2)	issue director‑general’s direction	person directed
26	105A (2)	remove electoral advertising sign	owner of sign

Dictionary

(see s 3)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
·     ACAT
·     Act
·     corporation
·     Corporations Act
·     director‑general (see s 163)
·     police officer
·     reviewable decision notice
·     territory land
·     working day.

activity information notice, for part 3 (Public unleased land permits)—see section 51 (Suitability of activities—further information about activity).
additional approval notice, for part 3 (Public unleased land permits)—see section 52 (2) (Suitability of activities—other approvals).
authorised person means an authorised person mentioned in section 89 (Authorised people).
carries on business as a hawker—see section 9A.
closed road—see section 11 (1) (Director‑general may temporarily close public roads).
closed road approval—see section 12 (1) (Approval to use closed road).
connected, for part 4 (Enforcement)—see section 88.
conservator—see the Nature Conservation Act 2014, dictionary.
damage a protected tree—see the Urban Forest Act 2023, section 14.
director‑general’s direction—see section 100 (2).
drainage direction—see section 15 (2) (Directions to construct surface water drains).
emergency closure order—see section 102 (1) (Emergency closure of permitted place).
financial assurance condition, on a public unleased land permit—see section 60.
ground for regulatory action, against a permit‑holder, for division 3.9 (Public unleased land permits—regulatory action)—see section 79.
influential person, for a corporation, for part 3 (Public unleased land permits)—see section 42.
inspection notice, for part 3 (Public unleased land permits)—see section 56 (2) (Suitability of activities—inspection of object).
land sublease—see the Planning Act 2023, dictionary.
leased land, for division 2.6 (Trees and other plants affecting public unleased land)—see the Urban Forest Act 2023, dictionary.
location plan, for part 3 (Public unleased land permits)—see section 45 (Public unleased land permit—application).
movable signs code of practice—see section 27 (Movable signs code of practice).
object includes any item of movable personal property.
occupier—
(a)of leased territory land, for division 2.7 (Graffiti visible from public unleased land)—see section 37; and
(b)of premises, for part 4 (Enforcement)—see section 88.
offence, for part 4 (Enforcement)—see section 88.
on, public unleased land, includes in, at or across the public unleased land.
owner––
(a)of land, means the lessee of the land (or for land under a land sublease, the sublessee); and
(b)of a vehicle, includes anyone who has a legal right to move the vehicle.
permit means a public unleased land permit.
permit‑holder means a person who is the holder of a permit.
permit register, for division 3.10 (Public unleased land permit register)—see section 86 (1).
permitted activity—see section 40 (What is a public unleased land permit?).
permitted public unleased land—see section 40 (What is a public unleased land permit?).
permitted time—see section 40 (What is a public unleased land permit?).
personal information notice, for part 3 (Public unleased land permits)—see section 48 (Suitability of people—further information about people).
plant pruning direction—see section 31 (Direction to prune tree etc overhanging public unleased land).
plant removal direction—see section 34 (Direction to remove tree etc endangering public on unleased land).
premises includes land, structure, vehicle or boat.
proposed new permit holder—see section 71 (1) (Public unleased land permit—application to transfer permit).
protected tree—see the Urban Forest Act 2023, section 9.
public consultation notice, for part 3 (Public unleased land permits)—see section 53 (2) (Suitability of activities—public consultation).
public consultation period, for part 3 (Public unleased land permits)—see section 53 (3) (a) (iv) (Suitability of activities—public consultation).
public consultation submission notice, for part 3 (Public unleased land permits)—see section 54 (2) (Suitability of activities—public consultation submissions).
public road—see section 9.
public unleased land—see section 8.
public unleased land permit—see section 40.
registered operator––see the Road Transport (Vehicle Registration) Act 1999, dictionary.
NoteA reference to the registered operator includes each registered operator (see Road Transport (Vehicle Registration) Act 1999, s 29).

registered tree, for division 2.6 (Trees and other plants affecting public unleased land)—see the Urban Forest Act 2023, section 10.
regulatory action—see section 80.
removal direction—see section 98 (3) (Direction to remove objects from public unleased land).
repair damage direction—see section 21 (2) (Directions to repair damage to public unleased land).
reserve—see the Nature Conservation Act 2014, section 169.
NoteReserves include wilderness areas, national parks, nature reserves, catchment areas and other areas of public land.

retention area, for division 4.4 (Removal and disposal of objects on public unleased land by Territory)—see the Uncollected Goods Act 1996, dictionary.
reviewable decision, for part 5 (Notification and review of decisions)—see section 127.
risk management plan notice, for part 3 (Public unleased land permits)—see section 55 (2) (Suitability of activities—risk management plan).
show cause period, for part 3 (Public unleased land permits)—see section 54 (3) (b) (ii) (Suitability of activities—public consultation submissions).
sign, on public unleased land—see section 24.
sign approval—see section 25 (1) (Approval to place sign on public unleased land).
suitability information—
(a)about a person—see section 47; and
(b)about an activity—see section 50.
suitable activity, for a public unleased land permit—see section49.
suitable person, to hold a public unleased land permit—see section 46.
tree damaging activity approval, for division 2.6 (Trees and other plants affecting public unleased land)—see section 30.
use, public unleased land, for part 3 (Public unleased land permits)—see section 41.
vehicle—see the Road Transport (General) Act 1999, dictionary.
warrant, for part 4 (Enforcement)—see section 88.
wilderness area—see the Nature Conservation Act 2014, section 170.
work, on public unleased land—see section 18.
work approval—see section 19.

Endnotes

About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key

A = Act NI = Notifiable instrument

AF = Approved form o = order

am = amended om = omitted/repealed

amdt = amendment ord = ordinance

AR = Assembly resolution orig = original

ch = chapter par = paragraph/subparagraph

CN = Commencement notice pres = present

def = definition prev = previous

DI = Disallowable instrument (prev...) = previously

dict = dictionary pt = part

disallowed = disallowed by the Legislative r = rule/subrule

Assembly reloc = relocated

div = division renum = renumbered

exp = expires/expired R[X] = Republication No

Gaz = gazette RI = reissue

hdg = heading s = section/subsection

IA = Interpretation Act 1967 sch = schedule

ins = inserted/added sdiv = subdivision

LA = Legislation Act 2001 SL = Subordinate law

LR = legislation register sub = substituted

LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced

mod = modified/modification or to be expired

Legislation history
Public Unleased Land Act 2013 A2013-3
notified LR 21 February 2013
s 1, s 2 commenced 21 February 2013 (LA s 75 (1))
remainder commenced 1 July 2013 (s 2 and CN2013-9)
as amended by
Territory and Municipal Services Legislation Amendment Act 2014 A2014-32 pt 5
notified LR 20 August 2014
s 1, s 2 commenced 20 August 2014 (LA s 75 (1))
pt 5 commenced 21 August 2014 (s 2)
Red Tape Reduction Legislation Amendment Act 2014 A2014‑47 pt 10
notified LR 6 November 2014
s 1, s 2 commenced 6 November 2014 (LA s 75 (1))
pt 10 commenced 7 November 2014 (s 2)
Nature Conservation Act 2014 A2014‑59 sch 2 pt 2.13
notified LR 11 December 2014
s 1, s 2 commenced 11 December 2014 (LA s 75 (1))
sch 2 pt 2.13 commenced 11 June 2015 (s 2 (1) and LA s 79)
Planning and Development (University of Canberra and Other Leases) Legislation Amendment Act 2015 A2015‑19 pt 17
notified LR 11 June 2015
s 1, s 2 commenced 11 June 2015 (LA s 75 (1))
pt 17 commenced 1 July 2015 (s 2 and CN2015-9)
Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.57, sch 3 pt 3.3
notified LR 30 September 2015
s 1, s 2 commenced 30 September 2015 (LA s 75 (1))
sch 1 pt 1.57, sch 3 pt 3.3 commenced 14 October 2015 (s 2)
Red Tape Reduction Legislation Amendment Act 2016 A2016‑18 sch 3 pt 3.37, sch 4 pt 4.7
notified LR 13 April 2016
s 1, s 2 commenced 13 April 2016 (LA s 75 (1))
sch 3 pt 3.37, sch 4 pt 4.7 commenced 27 April 2016 (s 2)
Statute Law Amendment Act 2017 A2017-4 sch 3 pt 3.24
notified LR 23 February 2017
s 1, s 2 commenced 23 February 2017 (LA s 75 (1))
sch 3 pt 3.24 commenced 9 March 2017 (s 2)
Justice and Community Safety Legislation Amendment Act 2017 (No 2) A2017-14 pt 15
notified LR 17 May 2017
s 1, s 2 commenced 17 May 2017 (LA s 75 (1))
pt 15 commenced 30 April 2018 (s 2 (2) (a) and see Road Transport (Road Rules) Regulation 2017 SL2017‑43 s 2)
Red Tape Reduction Legislation Amendment Act 2018 A2018-33 sch 1 pt 1.31
notified LR 25 September 2018
s 1, s 2 commenced 25 September 2018 (LA s 75 (1))
sch 1 pt 1.31 commenced 23 October 2018 (s 2 (4))
Litter Legislation Amendment Act 2019 A2019-39 pt 4
notified LR 31 October 2019
s 1, s 2 commenced 31 October 2019 (LA s 75 (1))
pt 4 commenced 1 November 2019 (s 2 (1))
Statute Law Amendment Act 2019 A2019-42 sch 3 pt 3.20
notified LR 31 October 2019
s 1, s 2 commenced 31 October 2019 (LA s 75 (1))
sch 3 pt 3.20 commenced 14 November 2019 (s 2 (1))
Electoral Legislation Amendment Act 2020 A2020-28 pt 3
notified LR 8 July 2020
s 1, s 2 commenced 8 July 2020 (LA s 75 (1))
pt 3 commenced 9 July 2020 (s 2 (1))
Planning (Consequential Amendments) Act 2023 A2023-36 sch 1 pt 1.54
notified LR 29 September 2023
s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
sch 1 pt 1.54 commenced 27 November 2023 (s 2 (1) and see Planning Act 2023 A2023-18, s 2 (2) and CN2023-10)
Electoral and Road Safety Legislation Amendment Act 2023 A2023-43 pt 3
notified LR 15 November 2023
s 1, s 2 commenced 15 November 2023 (LA s 75 (1))
pt 3 commenced 29 November 2023 (s 2 (1))
Urban Forest (Consequential Amendments) Act 2023 A2023-52 sch 1 pt 1.8
notified LR 11 December 2023
s 1, s 2 commenced 11 December 2023 (LA s 75 (1))
sch 1 pt 1.8 commenced 1 January 2024 (s 2 and see Urban Forest Act 2023 A2023-14, s 2)
Amendment history
Commencement
s 2om LA s 89 (4)
Meaning of carries on business as a hawker
s 9A hdgsub A2017‑4 amdt 3.163
s 9Ains A2015‑33 amdt 3.3
Director‑general may fix or change public road levels
s 10am A2015‑33 amdt 1.202; amdt 1.203
Director‑general may temporarily close public roads
s 11am A2015‑33 amdt 1.204
Approval to use closed road
s 12am A2017‑4 amdt 3.167
Approval to carry out work on public unleased land
s 19am A2014‑59 amdt 2.96; ss renum R4 LA; A2017‑4 amdt 3.167; A2023-52 amdts 1.45-1.47
Directions to repair damage to public unleased land
s 21am A2014‑59 amdt 2.97
Approval to place sign on public unleased land
s 25am A2017‑4 amdt 3.167
Offence—place fixed sign on public unleased land without approval
s 26 hdgsub A2014‑32 s 10
s 26am A2014‑32 s 11
Offence—fail to comply with code of practice
s 28am A2023-43 s 84, s 85; ss renum R17 LA
Definitions—div 2.6
s 30sub A2023-52 amdt 1.48
def damage om A2023-52 amdt 1.48
def leased land ins A2023-52 amdt 1.48
def registered tree sub A2023-52 amdt 1.48
def tree damaging activity approval ins A2023-52 amdt 1.48
def tree protection approval om A2023-52 amdt 1.48
Direction to prune tree etc overhanging public unleased land
s 31am A2019‑42 amdt 3.98; A2023-52 amdts 1.49-1.51
Direction to remove tree etc endangering public on public unleased land
s 34am A2023-52 amdts 1.52-1.54
Graffiti removal from property on leased territory land
s 38am A2017‑4 amdt 3.167
When does a person use public unleased land?—pt 3
s 41am A2015‑33 amdt 3.4
Offence—use public unleased land without permit
s 43am A2014‑59 amdt 2.98, amdt 2.99; ss renum R4 LA; A2015‑33 amdt 3.5; A2023-36 amdt 1.319
Public unleased land permit—application
s 45am A2014‑47 s 15; A2014‑59 amdt 2.100; A2017‑4 amdt 3.164; A2023-52 amdt 1.55
What is suitability information about a person?
s 47am A2023-36 amdt 1.320
Suitability of people—further information about people
s 48am A2017‑4 amdt 3.167
What is suitability information about an activity?
s 50am A2023-52 amdt 1.56, amdt 1.57; pars renum R18 LA
Suitability of activities—further information about activity
s 51am A2017‑4 amdt 3.167
Suitability of activities—other approvals
s 52am A2017‑4 amdt 3.167
Suitability of activities—consultation with conservator
s 52Ains A2014‑59 amdt 2.101
Suitability of activities—public consultation
s 53am A2015‑33 amdt 1.205; A2017‑4 amdt 3.165
Suitability of activities—public consultation submissions
s 54am A2017‑4 amdt 3.167
Suitability of activities—risk management plan
s 55am A2017‑4 amdt 3.167
Suitability of activities—inspection of object
s 56am A2017‑4 amdt 3.167
Public unleased land permit—decision on application
s 57am A2014‑59 amdt 2.102; ss renum R4 LA; A2023-52 amdt 1.58
Public unleased land permit—term
s 59am A2015‑33 amdt 3.6
Financial assurance condition—show cause
s 62am A2017‑4 amdt 3.167
Financial assurance condition—notice before claim or realisation
s 65am A2017‑4 amdt 3.167
Financial assurance condition—recovery of extra costs
s 66am A2017‑4 amdt 3.167
Public unleased land permit—amendment initiated by director‑general
s 68am A2017‑4 amdt 3.165
Public unleased land permit—application for renewal of permit
s 73am A2016‑18 amdt 4.9
Public unleased land permit—replacing when lost, stolen or destroyed
s 75am A2016‑18 amdt 3.173, amdt 3.174
Public unleased land permit—surrender
s 76am A2016‑18 amdt 3.175, amdt 3.176
Public unleased land permit—taking regulatory action
s 81am A2017‑4 amdt 3.167
Public unleased land permit—immediate suspension
s 82am A2017‑4 amdt 3.167
Direction to remove objects from public unleased land
s 98am A2014‑32 s 12; A2017‑14 s 47; A2019‑39 s 46
Offence—hawkers obstructing or endangering public
s 99Ains A2015‑33 amdt 3.7
Emergency closure notice
s 103am A2017‑4 amdt 3.167
Removal of objects by Territory
s 105am A2019‑39 s 47, s 48; ss renum R13 LA
Removal of non-compliant electoral advertising signs by Territory
s 105Ains A2020‑28 s 40
am A2023-43 s 86, s 87
Disposal of objects by Territory
s 106am A2017‑4 amdt 3.167; A2020‑28 s 41
Warrants—application made other than in person
s 113am A2018‑33 amdt 1.59, amdt 1.60
Legislation amended—sch 2
s 133om LA s 89 (3)
Legislation repealed
s 134om LA s 89 (3)
Transitional
pt 20 hdgexp 1 July 2015 (s 205)
Definitions—pt 20
s 200exp 1 July 2015 (s 205)
def commencement day exp 1 July 2015 (s 205)
Permissions to use closed road to be closed road approvals
s 201exp 1 July 2015 (s 205)
Permissions to interfere etc be work approvals
s 202exp 1 July 2015 (s 205)
Permissions to exhibit advertisements to be sign approvals
s 203exp 1 July 2015 (s 205)
Old permits to be public unleased land permits
s 204exp 1 July 2015 (s 205)
Expiry—pt 20
s 205exp 1 July 2015 (s 205)
Transitional—Red Tape Reduction Legislation Amendment Act 2015
pt 21 hdgins A2015‑33 amdt 3.8
exp 14 October 2018 (s 208)
Meaning of commencement day—pt 21
s 206ins A2015‑33 amdt 3.8
exp 14 October 2018 (s 208)
Hawkers licence
s 207ins A2015‑33 amdt 3.8
exp 14 October 2018 (s 208)
Expiry—pt 21
s 208ins A2015‑33 amdt 3.8
exp 14 October 2018 (s 208)
Reviewable decisions
sch 1am A2020‑28 s 42
Consequential amendments
sch 2om LA s 89 (3)
Dictionary
dictam A2015‑33 amdt 1.206; A2023-36 amdt 1.321
def carries on business as a hawker ins A2017‑4 amdt 3.166
def conservator ins A2014‑59 amdt 2.103
def damage sub A2023-52 amdt 1.59
def land sublease ins A2015‑19 s 113
sub A2023-36 amdt 1.322
def leased land ins A2023-52 amdt 1.60
def owner am A2015‑19 s 114
def proposed new permit holder ins A2017‑4 amdt 3.166
def protected tree ins A2023-52 amdt 1.60
def registered tree sub A2023-52 amdt 1.61
def reserve ins A2014‑59 amdt 2.103
def tree damaging activity approval ins A2023-52 amdt 1.62
def tree protection approval om A2023-52 amdt 1.63
def wilderness area ins A2014‑59 amdt 2.103

Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No and date Effective Last amendment made by Republication for

R1
1 July 2013 1 July 2013–
20 Aug 2014 not amended new Act

R2
21 Aug 2014 21 Aug 2014–
6 Nov 2014 A2014-32 amendments by A2014-32

R3
7 Nov 2014 7 Nov 2014–
10 June 2015 A2014-47 amendments by A2014-47

R4
11 June 2015 11 June 2015–
30 June 2015 A2014-59 amendments by A2014-59

R5
1 July 2015 1 July 2015–
1 July 2015 A2015‑19 amendments by A2015‑19

R6
2 July 2015 2 July 2015–
13 Oct 2015 A2015‑19 expiry of transitional provisions (pt 20)

R7 (RI)
18 Jan 2016 14 Oct 2015–
26 Apr 2016 A2015‑33 amendments by A2015‑33
reissue for textual correction in s 43

R8
27 Apr 2016 27 Apr 2016–
8 Mar 2017 A2016‑18 amendments by A2016‑18

R9
9 Mar 2017 9 Mar 2017–
29 Apr 2018 A2017‑4 amendments by A2017‑4

R10
30 Apr 2018 30 Apr 2018–
14 Oct 2018 A2017-14 amendments by A2017-14

R11
15 Oct 2018 15 Oct 2018–
22 Oct 2018 A2017-14 expiry of transitional provisions (pt 21)

R12
23 Oct 2018 23 Oct 2018–
31 Oct 2019 A2018-33 amendments by A2018-33

R13
1 Nov 2019 1 Nov 2019–
13 Nov 2019 A2019‑39 amendments by A2019‑39

R14
14 Nov 2019 14 Nov 2019–
8 July 2020 A2019‑42 amendments by A2019‑42

R15
9 July 2020 9 July 2020–
26 Nov 2023 A2020‑28 amendments by A2020‑28

R16
27 Nov 2023 27 Nov 2023–
28 Nov 2023 A2023-36 amendments by A2023-36

R17
29 Nov 2023 29 Nov 2023–
31 Dec 2023 A2023-43 amendments by A2023-43

Republication No and date	Effective	Last amendment made by	Republication for
R1 1 July 2013	1 July 2013– 20 Aug 2014	not amended	new Act
R2 21 Aug 2014	21 Aug 2014– 6 Nov 2014	A2014-32	amendments by A2014-32
R3 7 Nov 2014	7 Nov 2014– 10 June 2015	A2014-47	amendments by A2014-47
R4 11 June 2015	11 June 2015– 30 June 2015	A2014-59	amendments by A2014-59
R5 1 July 2015	1 July 2015– 1 July 2015	A2015‑19	amendments by A2015‑19
R6 2 July 2015	2 July 2015– 13 Oct 2015	A2015‑19	expiry of transitional provisions (pt 20)
R7 (RI) 18 Jan 2016	14 Oct 2015– 26 Apr 2016	A2015‑33	amendments by A2015‑33 reissue for textual correction in s 43
R8 27 Apr 2016	27 Apr 2016– 8 Mar 2017	A2016‑18	amendments by A2016‑18
R9 9 Mar 2017	9 Mar 2017– 29 Apr 2018	A2017‑4	amendments by A2017‑4
R10 30 Apr 2018	30 Apr 2018– 14 Oct 2018	A2017-14	amendments by A2017-14
R11 15 Oct 2018	15 Oct 2018– 22 Oct 2018	A2017-14	expiry of transitional provisions (pt 21)
R12 23 Oct 2018	23 Oct 2018– 31 Oct 2019	A2018-33	amendments by A2018-33
R13 1 Nov 2019	1 Nov 2019– 13 Nov 2019	A2019‑39	amendments by A2019‑39
R14 14 Nov 2019	14 Nov 2019– 8 July 2020	A2019‑42	amendments by A2019‑42
R15 9 July 2020	9 July 2020– 26 Nov 2023	A2020‑28	amendments by A2020‑28
R16 27 Nov 2023	27 Nov 2023– 28 Nov 2023	A2023-36	amendments by A2023-36
R17 29 Nov 2023	29 Nov 2023– 31 Dec 2023	A2023-43	amendments by A2023-43

Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired