Australian Capital Territory National Land
(Unleased) Delegation 2022 (No. 2)
I, Katy Gallagher, Minister for Finance, make this delegation under section 70(2) of
the Australian Capital Territory National Land (Unleased) Ordinance 2022.
Dated 1st August 2022
SIGNED
Minister for Finance
1 Name of Delegation
This delegation is the Australian Capital Territory National Land (Unleased)
Delegation 2022 (No. 2).
2 Commencement
This delegation commences when it is made.
3 Definitions
In this delegation:
Department means the Department of Finance.
Minister means the Minister administering the Australian Capital Territory
(Planning and Land Management) Act 1988, section 27 insofar as it relates to
the declaration of land in the Australian Capital Territory to be National
Land where the land is required for Commonwealth purposes other than for
the special purposes of Canberra as the National Capital.
Ordinance means the Australian Capital Territory National Land
(Unleased) Ordinance 2022.
4 Delegation
The powers of the Minister under the provisions of the Ordinance mentioned
in Part 2 of Schedule 1 are delegated to the persons for the time being
holding, occupying, or performing the duties of, the positions in the
Department mentioned in Part 1 of Schedule 1.
Schedule 1 Delegations
Part 1 Positions
Item | Position title |
101 | Secretary |
102 | Deputy Secretary, Senior Executive Service Band 3, Commercial and
Government Services Group |
103 | First Assistant Secretary, Senior Executive Service Band 2, Property and
Construction Division |
104 | Assistant Secretaries, Senior Executive Service Band 1, Property and
Construction Division |
105 | Directors, Executive Level 2, Property and Construction Division
administering the Ordinance |
Part 2 Delegations under the Ordinance
Item | Provision | Summary of power or function (for information only) |
201 | subsection 8(1) | enter into administrative arrangements with the
Territory |
202 | subsection 10(1) | declare land to be a public road |
203 | subsection 11(1) | prepare a proposal to fix or change the level of a
public road |
204 | subsection 11(2) | requirement to publish notice and provide
opportunity to make a submission |
205 | subsection 11(5) | requirement to consider any submissions made in
accordance with the notice |
206 | subsection 11(6) | determine proposal to fix or change level of public
road |
207 | subsection 11(7) | fix or change level of public road by making a
notifiable instrument |
208 | subsection 11(8) | requirement to publish a copy of a subsection 11(7)
instrument, being the decision to fix or change level
of public road |
209 | subsection 11(9) | requirement to ensure continued road access to
adjoining land |
210 | subsection 12(1) | arrange for survey to identify boundaries of public
road in specified circumstances |
211 | subsection 12(2) | requirement to publish notice of proposed boundaries
following completion of survey to identify
boundaries of public road and to give a copy of
notice to lessees of adjacent land |
212 | subsection 12(5) | consider any submissions and determine, by
notifiable instrument, proposal to identify boundaries
of public road |
213 | subsection 12(6) | requirement to publish a copy of a subsection 12(5)
instrument, being the decision to identify boundaries
of public road |
214 | subsection 15(1) | temporarily close a public road |
215 | subsection 15(2) | requirement to publish and display notice of intention
to temporarily close a public road |
216 | subsection 16(3) | determine application to use temporarily closed
public road |
217 | subsection 16(4) | requirement to have regard to level of risk when
deciding application to use temporarily closed public
road |
218 | subsection 16(5) | approval may be given subject to conditions |
219 | subsection 18(2) | make temporary public road in certain circumstances |
220 | subsection 18(3) | requirement to provide written notice of intention to
make temporary public road to certain persons |
221 | subsection 19(1) | give a notifiable instrument notifying of proposal to permanently close public road |
222 | subsection 19(2) | requirement to provide, publish and display notice
about proposal to permanently close public road |
223 | subsection 20(1) | consider any objections made in accordance with
section 19 notice and declare, by notifiable
instrument, public road is permanently closed |
224 | subsection 20(3) | requirement to publish a copy of notice that public
road is permanently closed |
225 | subsection 22(2) | give a written drainage direction |
226 | subsection 24(2) | cause damage the subject of a drainage direction to
be repaired, and recover reasonable costs of repairing |
227 | subsection 24(3) | authorise entry onto land the subject of a drainage
direction to construct or maintain surface water drain,
and recover reasonable costs of construction or
maintenance |
228 | subsection 25(2) | give a written direction to repair damage to public
land |
229 | subsection 28 (2) | cause damage to be repaired, and recover reasonable
costs of repair |
230 | subsection 30(2) | give a written direction to prune tree etc.
overhanging public land |
231 | subsection 32(2) | authorise entry onto land to which a plant pruning
direction relates to prune tree etc. overhanging public
land, and recover reasonable costs of pruning |
232 | subsection 33(2) | give a written direction to remove tree etc.
endangering public safety on public land |
233 | subsection 35(2) | authorise entry onto land to which a plant removal
direction relates to remove tree etc. endangering
public safety on public land, and recover reasonable
costs of removal |
234 | subsection 36(1) | give a written direction to remove object from public
land |
235 | subsection 38(2) | cause object to be removed and placed in storage |
236 | subsection 38(3) | requirement to give retrieval notice |
237 | subsection 39(2) | sell or dispose of object as property of
Commonwealth |
238 | subsection 41(2) | temporarily close public land (other than a public
road) to traffic |
239 | subsection 41(3) | requirement to publish notice of the proposal to
temporarily close relevant public land to traffic |
240 | subsection 48(1) | give a written notice requesting further information
in relation to applications for permits to use public
land for regulated activities |
241 | subsection 48(3) | refuse to consider application without further
information |
242 | subsection 50(2) | requirement to consider application for permit, and
either grant or refuse the permit |
243 | subsection 50(3) | requirement to have regard to all provided
information and other relevant matters in reaching
decision |
244 | subsection 50(4) | requirement to determine application within set
timeframes |
245 | subsection 50(6) | requirement to give written notice of decision to
applicant, including reasons for refusal if a refusal
decision is made |
246 | subsection 50(8) | impose conditions on grant of permit |
247 | subsection 51(3) | requirement to not grant a permit for a period
exceeding 5 years |
248 | subsection 52(5) | requirement to consider application for renewal of
permit, and either grant or refuse the renewal |
249 | subsection 52(6) | requirement to have regard to applicant’s use of the
public land and other relevant matters in reaching
decision |
250 | subsection 52(7) | requirement to determine application within set
timeframes |
251 | subsection 52(9) | requirement to provide written notice of decision,
including reasons for refusal if a refusal decision is
made |
252 | subsection 52(11) | impose conditions on renewal of permit |
253 | section 53 | issue replacement permit if original is lost, stolen or
destroyed |
254 | subsection 57(1) | cancel permit in certain circumstances |
255 | subsection 57(2) | requirement to give written notice of intention to
cancel permit, including setting out reasons, and
invite submission in response |
256 | subsection 57(3) | requirement to have regard to any submission made
in accordance with notice |
257 | subsection 57(4) | requirement to give written notice of decision to
cancel permit and provide reasons |
258 | subsection 57(6) | requirement to give written notice of decision to not
cancel permit |
259 | subsection 58(1) | grant a licence to occupy or use certain land |
260 | subsection 58(2) | requirement for licence to be consistent with
National Capital Plan |
261 | subsection 60(1) | give written notice to terminate licence in certain
circumstances |
262 | subsection 61(1) | requirement to terminate licence only when certain
things have occurred |
263 | subsection 61(2) | requirement to give written notice of intention to
terminate licence and invite submission in response |
264 | subsection 62(2) | give written notice to demand for possession of land
where unlawfully possessing or occupying |
265 | paragraph 62(3)(a) | apply to Magistrates Court for an order for
possession of land where demand notice not
complied with |
266 | subsection 63(1) | certify in writing that a licence has expired, been
surrendered or terminated |
Overview
The Australian Capital Territory National Land (Unleased) Delegation 2022 (No. 2), enacted under section 70(2) of the Australian Capital Territory National Land (Unleased) Ordinance 2022, was introduced to address the need for streamlined administrative processes in the management of unleased land in the Australian Capital Territory. This delegation was made by Katy Gallagher, the Minister for Finance, on 1st August 2022. The primary objective of this delegation is to delegate specific powers to designated officials within the Department of Finance, enabling them to efficiently manage and administer public land and roads, thereby facilitating the effective use of land for Commonwealth purposes. By delegating these powers, the delegation aims to enhance administrative efficiency and ensure that the management of public land and roads aligns with the overarching policy objectives of the Australian Capital Territory.
Scope and Application
The Australian Capital Territory National Land (Unleased) Delegation 2022 (No. 2) is a delegation of specific powers and functions to certain officials within the Department of Finance under the Australian Capital Territory National Land (Unleased) Ordinance 2022. This delegation applies to the Secretary, Deputy Secretary, First Assistant Secretary, Assistant Secretaries, and Directors within the Property and Construction Division of the Department of Finance. These officials are empowered to undertake a range of administrative and decision-making tasks related to the management of national land in the Australian Capital Territory. This includes entering into administrative arrangements, declaring land to be a public road, fixing or changing the level of a public road, temporarily or permanently closing public roads and other public land, granting and managing permits and licenses for regulated activities on public land, and taking necessary actions to ensure compliance with regulations, such as repairing damage and removing objects or overhanging vegetation. The delegation operates within the jurisdictional scope of the Australian Capital Territory and does not explicitly state any exclusions or exemptions, though the powers exercised under the Ordinance are likely subject to existing legal and regulatory constraints. The delegation also allows for the extension or restriction of application through subordinate instruments, as needed.
Key Provisions
The Australian Capital Territory National Land (Unleased) Delegation 2022 (No. 2) delegates specific powers under the Australian Capital Territory National Land (Unleased) Ordinance 2022 to certain officials within the Department of Finance. The delegation, which commences immediately upon its creation, empowers the Secretary, Deputy Secretary, First Assistant Secretary, Assistant Secretaries, Directors, and other officials to perform various functions related to the management of public roads and land in the Australian Capital Territory. These functions include entering into administrative arrangements with the Territory (subsection 8(1)), declaring land to be a public road (subsection 10(1)), preparing and determining proposals to fix or change the level of a public road (subsections 11(1) to 11(9)), arranging for surveys and publishing notices regarding the boundaries of public roads (subsections 12(1) to 12(6)), temporarily or permanently closing public roads (subsections 15(1) to 20(3)), and issuing directions related to drainage, repairs, pruning, and removal of objects from public land (subsections 22(2) to 39(2)). Additionally, the delegation covers the administration of permits and licences for the use of public land, including granting, renewing, and cancelling permits (subsections 48(1) to 57(6)), issuing licences (subsection 58(1)), and terminating licences (subsections 60(1) to 63(1)).
The officials to whom these powers are delegated must adhere to several obligations and requirements when exercising their authority. These include the necessity to publish notices and provide opportunities for public submissions and objections (subsections 11(2), 12(2), 19(2), and 57(2)), to consider any submissions received in response to notices (subsections 11(5), 12(5), 19(2), and 57(3)), to determine applications within set timeframes (subsections 50(4) and 52(7)), and to provide written notices of decisions, including reasons for refusals or cancellations (subsections 50(6), 52(9), 57(4), 57(6), and 60(1)). Officials are also required to impose conditions on permits and licences where necessary (subsections 50(8) and 52(11)), and to ensure compliance with the National Capital Plan when issuing licences (subsection 58(2)).
Breach of the obligations and requirements under this delegation can lead to various civil and administrative consequences. Although the delegation itself does not explicitly outline penalties, breaches of related provisions in the Australian Capital Territory National Land (Unleased) Ordinance 2022 may incur fines. For example, failure to comply with a written direction to repair damage to public land (subsection 25(2)) or to remove an object from public land (subsection 36(1)) could result in fines as prescribed by the Ordinance. Additionally, unauthorised entry onto land (subsections 24(3) and 33(2)) or failure to take required actions (subsections 22(2) and 24(3)) may also lead to penalties. The exact penalties would be determined by the relevant sections of the Ordinance and any applicable laws governing the enforcement of these provisions.