2009 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Minister for Planning) Planning and Development Amendment Bill 2009 (No 2) Contents Page Part 1 Preliminary 1 Name of Act 2 2 Commencement 2 Part 2 Planning and Development Act 2007 3 Legislation amended--pt 2 3 4 Minister's powers in relation to draft plan variations Section 76 (5) and (6) 3 5 Definitions--pt 5.4 Section 86, definition of limited consultation 3 J2009-466 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 6 What are technical amendments of territory plan? Section 87 (e) 4 7 Is consultation needed for technical amendments? New section 88 (1) (c) 4 8 Making technical amendments Section 89 (2) 4 9 New section 116A 5 10 New section 120A 6 11 New section 129A 8 12 New section 131B 10 13 Section 133 11 14 Exempt development--authorised use Section 134 (6) (b) 12 15 Section 134, new note 13 16 What is publicly notifies for ch 7? Section 152 (2) (a) 13 17 New section 154 (3) 13 18 New division 7.3.4A 14 19 Direction that development applications be referred to Minister Section 158 (3) 15 20 Notice of approval of application Section 170 (1) (c) 15 21 When development approvals take effect--ACAT review Section 178 (1) (b) 16 22 Section 178 (2) 16 23 Section 178 (2) (b) 16 24 When development approval takes effect--activity not allowed by lease Section 179 (2) 17 25 Section 179 (2) (c) excluding note 17 26 When development approval takes effect--condition to be met Section 180 (2) 18 27 Section 180 (2) (c) 18 28 When development approval takes effect--application for reconsideration Section 182 (2) 19 29 Section 182 (2) (c) 19 contents 2 Planning and Development Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 30 End of development approvals other than lease variations Section 184 (2) (c) 20 31 New section 184 (2) (e) (iii) 20 32 Section 184 (2) (f) 20 33 Section 184 (4), definition of prescribed period, paragraph (b) 21 34 End of development approvals for lease variations Section 185 (2) (b) (except note) 21 35 End of development approvals for use under lease without lease variation, licence or permit Section 186 (3) and (4) 22 36 End of development approvals for use under licence or permit Section 187 (2) (d), except note 23 37 Section 187 (3) 23 38 Applications to amend development approvals Section 197 (1), new note 23 39 Deciding applications to amend development approvals Section 198 (1), example 24 40 Section 198 (1), new note 3 24 41 Section 198 (2) 24 42 Development applications for developments undertaken without approval New section 205 (1A) 25 43 Definitions--ch 9 Section 234, definition of rental lease 25 44 Meaning of concessional lease and lease--Act Section 235 (1), definition of concessional lease, paragraph (a) 25 45 Section 235 (2) 26 46 Section 235 (3), new definitions 26 47 New section 235 (4) 27 48 New section 238A 27 49 Restriction on direct sale by authority Section 240 (2) 27 50 Section 240 (4), new definition of grant objective 28 51 Payment for leases Section 246 (2) (a) 28 52 Failure to accept and execute lease Section 250 (4) 28 Planning and Development Amendment Bill 2009 (No 2) contents 3 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 53 Restrictions on dealings with certain leases New section 251 (1) (c) (iii) and (iv) 29 54 New section 251 (1A) 29 55 Decision on rent payout lease variation application Section 272B (1) (a) 29 56 Section 272B (3) 30 57 Power to decide rent payout applications deemed refused Section 272D (2) 30 58 Lease to be varied to pay out rent Section 273 (3) 30 59 Dealings with rural leases Section 284 (4) 31 60 Transfer of land subject to building and development provision New section 298 (2) (b) (v) 31 61 New section 298 (6) 32 62 Section 298A heading 32 63 Section 298A (1) 33 64 Section 298A (3) to (5) 33 65 Section 298B heading 33 66 Section 298B (3) 33 67 New section 298C 34 68 Content of controlled activity orders Section 358 (3) (c) 36 69 New section 358 (3) (m) 36 70 Entry on notice for rectification work and monitoring Section 391B (2) 36 71 Section 391B (6) 37 72 New section 395B 37 73 When may inspector apply for rectification work order? Section 402C (e) (ii) and (iii) 38 74 When may inspector apply for monitoring warrant? Section 402N (b) (i) 38 75 New section 404A 39 76 ACAT review--people who made representations etc Section 409 (2) 39 77 Section 431 40 contents 4 Planning and Development Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 78 Transitional--development application lodged on or after commencement day for estate development plan given before commencement day Section 442C (1) (b) 40 79 Transitional--status of leases and licences New section 456 (1A) 40 80 Section 456A heading 41 81 Section 456A (1) 41 82 Section 456A (4) 41 83 Section 456A (4) (b) 41 84 Section 456A (5) 42 85 Schedule 1, item 2, column 4 42 86 Schedule 1, item 3, column 2 42 87 Schedule 1, item 3, column 4 42 88 Schedule 1, item 4, column 2 43 89 Schedule 1, item 5, column 4 43 90 Schedule 1, item 25, column 2 43 91 Dictionary, new definition of end 43 92 Dictionary, new definition of nominal rent 44 93 Dictionary, definition of nominal rent lease 44 94 Dictionary, definition of variation, paragraph (a) (iv) 44 Part 3 Planning and Development Regulation 2008 95 Legislation amended--pt 3 45 96 Exemptions from restrictions on dealings with certain leases-- Act, s 251 (3) Section 142 (1) and note 45 97 Section 142 (2) (e) 45 98 Section 202 heading 45 99 Section 203 heading 45 100 Section 203 (3), definition of period of extension, and note 46 101 Section 204 heading 46 102 Section 204 (4), definition of period of extension 46 103 Section 205 heading 46 104 Section 206 heading 46 105 Section 207 heading 47 Planning and Development Amendment Bill 2009 (No 2) contents 5 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 106 Securing things seized under the Act, pt 12.3 Section 403 47 107 Criterion 5--compliance with lease and other development approvals Schedule 1, section 1.15 (1) (a) 47 108 Schedule 1, section 1.15 (2) and examples 47 contents 6 Planning and Development Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Minister for Planning) Planning and Development Amendment Bill 2009 (No 2) A Bill for An Act to amend the Planning and Development Act 2007, and for other purposes The Legislative Assembly for the Australian Capital Territory enacts as follows: J2009-466 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 1 1 Part 1 Preliminary 2 1 Name of Act 3 This Act is the Planning and Development Amendment Act 2009 4 (No 2). 5 2 Commencement 6 This Act commences on a day fixed by the Minister by written 7 notice. 8 Note 1 The naming and commencement provisions automatically commence on 9 the notification day (see Legislation Act, s 75 (1)). 10 Note 2 A single day or time may be fixed, or different days or times may be 11 fixed, for the commencement of different provisions (see Legislation 12 Act, s 77 (1)). 13 Note 3 If a provision has not commenced within 6 months beginning on the 14 notification day, it automatically commences on the first day after that 15 period (see Legislation Act, s 79). page 2 Planning and Development Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 3 1 Part 2 Planning and Development 2 Act 2007 3 3 Legislation amended--pt 2 4 This part amends the Planning and Development Act 2007. 5 4 Minister's powers in relation to draft plan variations 6 Section 76 (5) and (6) 7 substitute 8 (5) If the Minister directs the withdrawal of a draft plan variation by the 9 planning and land authority under subsection (3) (b) (v), the 10 authority must prepare a notice stating that the draft plan variation is 11 withdrawn. 12 (6) The following are notifiable instruments: 13 (a) an approval under subsection (3) (a); 14 (b) a direction under subsection (3) (b); 15 (c) a notice under subsection (5). 16 Note A notifiable instrument must be notified under the Legislation Act. 17 (7) The planning and land authority must also publish the notice under 18 subsection (5) in a daily newspaper. 19 5 Definitions--pt 5.4 20 Section 86, definition of limited consultation 21 substitute 22 limited consultation--see section 90. Planning and Development Amendment Bill 2009 (No 2) page 3 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 6 1 6 What are technical amendments of territory plan? 2 Section 87 (e) 3 substitute 4 (e) a variation required to bring the territory plan into line with the 5 national capital plan; 6 (f) a variation to omit something that is obsolete or redundant in 7 the territory plan; 8 Examples--obsolete or redundant things 9 1 a structure plan that is no longer relevant because all the land that the 10 structure plan applies to ceases to be in a future urban area 11 2 a provision of the territory plan that has become redundant because of 12 the enactment of a law that applies in the Territory 13 Note An example is part of the Act, is not exhaustive and may extend, 14 but does not limit, the meaning of the provision in which it 15 appears (see Legislation Act, s 126 and s 132). 16 (g) a variation to clarify the language in the territory plan if it does 17 not change the substance of the plan. 18 7 Is consultation needed for technical amendments? 19 New section 88 (1) (c) 20 insert 21 (c) a variation to clarify the language in the territory plan if it does 22 not change the substance of the plan. 23 8 Making technical amendments 24 Section 89 (2) 25 substitute 26 (2) The planning and land authority may put the plan variation 27 (incorporating any amendments made to the variation following the 28 limited consultation) in writing. page 4 Planning and Development Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 9 1 9 New section 116A 2 insert 3 116A Code track--effect of s 134 on development approval 4 (1) This section applies if-- 5 (a) an authorised use of the land, or an existing building or 6 structure on the land, is exempt under section 134 (1) (Exempt 7 development--authorised use); and 8 (b) there is a development proposal in relation to the land; and 9 (c) if the proposed development were carried out, the authorised 10 use of the land, or an existing building or structure on the land, 11 would stop being exempt under section 134 (2) or (3); and 12 (d) if a development application were made for both the 13 development proposal and a use mentioned in 14 subsection (2) (b), the application would be assessed in the 15 code track. 16 (2) The person proposing the development proposal must apply for 17 development approval for-- 18 (a) the development proposal; and 19 (b) any use (the proposed use) of the land, or a building or 20 structure on the land, that-- 21 (i) is an authorised use of land, or a building or structure on 22 the land that is exempt under section 134 (1); and 23 (ii) is intended to continue to apply to the land after the 24 development proposal is carried out. Planning and Development Amendment Bill 2009 (No 2) page 5 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 10 1 (3) In deciding the development application in the code track, the 2 decision-maker-- 3 (a) must not refuse to approve the application only on the ground 4 that, if the application were an application only for the 5 proposed use the application would be refused; and 6 (b) must not approve the application on a condition only because, 7 if the application were an application only for the proposed use 8 the application would be approved on the condition. 9 Example 10 Bernice is the lessee of land for which the authorised use is residential and on 11 which there is a house. The authorised use is exempt under s 134 (1). Bernice 12 wants to build a double garage on the land which will require development 13 approval. If the double garage was built, the authorised use of the land would stop 14 being exempt under s 134 (3). In addition to applying for development approval to 15 build and use the double garage, Bernice must also apply for development 16 approval to use the land and house for residential purposes. 17 The decision-maker cannot refuse to approve the application, or approve it on a 18 condition, only on the ground that, if the application were only for the use of the 19 land for residential purposes, or use of the house, the decision-maker would refuse 20 the application or approve it on conditions. 21 Note An example is part of the Act, is not exhaustive and may extend, but 22 does not limit, the meaning of the provision in which it appears (see 23 Legislation Act, s 126 and s 132). 24 10 New section 120A 25 insert 26 120A Merit track--effect of s 134 on development approval 27 (1) This section applies if-- 28 (a) an authorised use of the land, or an existing building or 29 structure on the land, is exempt under section 134 (1) (Exempt 30 development--authorised use); and 31 (b) there is a development proposal in relation to the land; and page 6 Planning and Development Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 10 1 (c) if the proposed development were carried out, the authorised 2 use of the land, or an existing building or structure on the land, 3 would stop being exempt under section 134 (2) or (3); and 4 (d) if a development application were made for both the 5 development proposal and a use mentioned in 6 subsection (2) (b), the application would be considered in the 7 merit track. 8 (2) The person proposing the development proposal must apply for 9 development approval for-- 10 (a) the development proposal; and 11 (b) any use (the proposed use) of the land, or a building or 12 structure on the land, that-- 13 (i) is an authorised use of land, or a building or structure on 14 the land that is exempt under section 134 (1); and 15 (ii) is intended to continue to apply to the land after the 16 development proposal is carried out. 17 (3) In deciding the development application in the merit track, the 18 decision-maker-- 19 (a) must not refuse to approve the application only on the ground 20 that, if the application were an application only for the 21 proposed use the application would be refused; and Planning and Development Amendment Bill 2009 (No 2) page 7 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 11 1 (b) must not approve the application on a condition only because, 2 if the application were an application only for the proposed use 3 the application would be approved on the condition. 4 Example 5 Donald is the lessee of land for which the authorised uses are residential, retail 6 and commercial, and on which there is a building that is mixed residential and 7 retail, and another building that is used for commercial. Donald wants to demolish 8 the commercial building, which will require a development approval. Donald does 9 not want to use the land for commercial purposes any more. If the commercial 10 building was demolished, the authorised uses of the land would stop being exempt 11 under s 134 (3). In addition to applying for development approval to demolish the 12 commercial building, Donald must also apply for development approval to use the 13 land for residential and retail purposes, but need not apply for approval for use for 14 commercial purposes. 15 The decision-maker cannot refuse to approve the application, or approve it on a 16 condition, only on the ground that, if the application were only for the use of the 17 land and for residential purposes or retail purposes, or use of the mixed residential 18 and retail building, the decision-maker would refuse the application or approve it 19 on conditions. 20 Note An example is part of the Act, is not exhaustive and may extend, but 21 does not limit, the meaning of the provision in which it appears (see 22 Legislation Act, s 126 and s 132). 23 11 New section 129A 24 insert 25 129A Impact track--effect of section 134 on development 26 approval 27 (1) This section applies if-- 28 (a) an authorised use of the land, or an existing building or 29 structure on the land, is exempt under section 134 (1) (Exempt 30 development--authorised use); and 31 (b) there is a development proposal in relation to the land; and page 8 Planning and Development Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 11 1 (c) if the proposed development were carried out, the authorised 2 use of the land, or an existing building or structure on the land, 3 would stop being exempt under section 134 (2) or (3); and 4 (d) if a development application were made for both the 5 development proposal and a use mentioned in 6 subsection (2) (b), the application would be assessed in the 7 impact track. 8 (2) The person proposing the development proposal must apply for 9 development approval for-- 10 (a) the development proposal; and 11 (b) any use (the proposed use) of the land, or a building or 12 structure on the land, that-- 13 (i) is an authorised use of land, or a building or structure on 14 the land that is exempt under section 134 (1); and 15 (ii) is intended to continue to apply to the land after the 16 development proposal is carried out. 17 (3) In deciding the development application in the impact track, the 18 decision-maker-- 19 (a) must not refuse to approve the application only on the ground 20 that, if the application were an application only for the 21 proposed use the application would be refused; and Planning and Development Amendment Bill 2009 (No 2) page 9 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 12 1 (b) must not approve the application on a condition only because, 2 if the application were an application only for the proposed use 3 the application would be approved on the condition. 4 Example 5 Barbara is the lessee of land for which the authorised uses are retail and 6 commercial and on which there are office buildings and shops. Barbara wants to 7 undertake earthworks to clear an area of vegetation for people to park on the land, 8 which will require a development approval. If the earthworks were carried out, the 9 authorised uses of the land would stop being exempt under s 134 (2). In addition 10 to applying for development approval to undertake the earthworks, Barbara must 11 also apply for development approval to use the land for retail and commercial 12 purposes. 13 The decision-maker cannot refuse to approve the application, or approve it on a 14 condition, only on the ground that, if the application were only for the use of the 15 land for retail purposes or commercial purposes, or use of the office buildings and 16 shops, the decision-maker would refuse the application or approve it on 17 conditions. 18 Note An example is part of the Act, is not exhaustive and may extend, but 19 does not limit, the meaning of the provision in which it appears (see 20 Legislation Act, s 126 and s 132). 21 12 New section 131B 22 insert 23 131B Development proposal for lease variation other than in 24 designated area 25 (1) This section applies to a development proposal that is a variation of 26 a lease other than a lease in a designated area. 27 (2) The development proposal must be dealt with under the provisions 28 of this Act that apply to the merit track unless-- 29 (a) the territory plan requires the proposal to be dealt with under 30 another track; or 31 (b) the impact track applies to the proposal under section 123 32 (Impact track applicability). page 10 Planning and Development Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 13 1 (3) However, if the development proposal is a variation to a lease to add 2 an additional authorised use under the lease, the proposal must be 3 dealt with under the provisions of this Act that apply to the track 4 that applies to the proposed additional authorised use under the 5 territory plan. 6 13 Section 133 7 substitute 8 133 What is an exempt development? 9 In this Act: 10 exempt development-- 11 (a) means development that is exempt from requiring development 12 approval under-- 13 (i) the relevant development table; or 14 Note 1 Development tables are dealt with in s 54. 15 Note 2 Relevant development table--see the dictionary. 16 (ii) section 134; or 17 (iii) a regulation; but 18 (b) for paragraph (a) (i) and (iii)--does not include development 19 on land if-- 20 (i) the development is inconsistent with a provision of a 21 development approval for other development on the land; 22 and Planning and Development Amendment Bill 2009 (No 2) page 11 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 14 1 (ii) the development approval is given on the condition that 2 the provision is complied with. 3 Example--condition that provision complied with 4 Development plans do not include windows in the front wall. The approval is 5 expressed to be subject to the condition that the front wall not have windows. 6 Example--not a condition that provision complied with 7 Development plans do not include windows in the front wall. The approval is 8 given without explicit mention of windows in the front wall being a condition of 9 the approval. 10 Note 1 An approval may be given subject to conditions, see s 165. 11 Note 2 An example is part of the Act, is not exhaustive and may extend, but 12 does not limit, the meaning of the provision in which it appears (see 13 Legislation Act, s 126 and s 132). 14 14 Exempt development--authorised use 15 Section 134 (6) (b) 16 substitute 17 (b) the licence or permit-- 18 (i) has expired and has not been renewed on an application 19 to renew the licence or permit made within 6 months 20 after the day of expiry; or 21 (ii) ends other than by expiring. page 12 Planning and Development Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 15 1 15 Section 134, new note 2 after section 134 (8), insert 3 Note As the use of land, or a building or structure on the land, is development 4 (see s 7), if the use of the land, or a building or structure on the land, 5 stops being exempt under this section, development approval will be 6 required for the use. Once development approval has been given for the 7 use, it continues indefinitely unless it ends under s 186 (see also s 188). 8 A further development approval will not be required for use of the land, 9 or a building or structure on the land, unless the existing development 10 approval does not cover a proposed new use of the land, or a building or 11 structure on the land. 12 16 What is publicly notifies for ch 7? 13 Section 152 (2) (a) 14 substitute 15 (a) under section 155 (Major public notification) and, if the 16 development proposal is, or includes, a lease variation-- 17 section 154 (Public notice to registered interest holders) (if 18 applicable); 19 17 New section 154 (3) 20 insert 21 (3) The validity of a development approval is not affected by a failure 22 by the planning and land authority to comply with this section. Planning and Development Amendment Bill 2009 (No 2) page 13 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 18 1 18 New division 7.3.4A 2 insert 3 Division 7.3.4A Notice of development applications to 4 registrar-general 5 157A Notice of development applications 6 (1) The planning and land authority must give written notice of each 7 development application lodged with the authority to the 8 registrar-general for recording under the Land Titles Act 1925, 9 part 8A (Record of administrative interests). 10 (2) The notice under subsection (1) must include the following: 11 (a) a description of the development; 12 (b) the assessment track under which the development is to be 13 assessed; 14 (c) the approval status of the application; 15 Examples--approval status 16 1 pending 17 2 approved 18 3 approved on conditions 19 4 refused 20 5 under review by the ACAT 21 Note An example is part of the Act, is not exhaustive and may extend, 22 but does not limit, the meaning of the provision in which it 23 appears (see Legislation Act, s 126 and s 132). 24 (d) anything else prescribed by regulation. 25 (3) If the approval status of a development application changes, the 26 planning and land authority must give written notice to the 27 registrar-general of the change. page 14 Planning and Development Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 19 1 19 Direction that development applications be referred to 2 Minister 3 Section 158 (3) 4 substitute 5 (3) If the Minister gives a direction under subsection (1) in relation to 6 an application, the planning and land authority-- 7 (a) must take no further action that would lead to a decision by the 8 authority on the application; but 9 (b) may continue to take procedural steps in relation to the 10 application, unless the Minister's direction under 11 subsection (1) directs the authority not to take a procedural 12 step. 13 Examples--procedural steps 14 1 entity referral under div 7.3.3 (Referral of development applications) 15 2 public notification under div 7.3.7 (Extensions of time for deciding 16 development applications) 17 Note An example is part of the Act, is not exhaustive and may extend, 18 but does not limit, the meaning of the provision in which it 19 appears (see Legislation Act, s 126 and s 132). 20 20 Notice of approval of application 21 Section 170 (1) (c) 22 substitute 23 (c) if the application approved does not relate to a variation of a 24 lease--to the registrar-general for recording under the Land 25 Titles Act 1925, part 8A (Record of administrative interests); 26 and Planning and Development Amendment Bill 2009 (No 2) page 15 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 21 1 21 When development approvals take effect--ACAT review 2 Section 178 (1) (b) 3 substitute 4 (b) application is made to the ACAT for review of the decision to 5 approve the application and the ACAT confirms or varies the 6 decision, or makes a substitute decision; 7 22 Section 178 (2) 8 after 9 development application 10 insert 11 , as confirmed, varied or substituted by the ACAT, 12 23 Section 178 (2) (b) 13 substitute 14 (b) the day that the confirmation, variation or substitution by the 15 ACAT takes effect under the ACT Civil and Administrative 16 Tribunal Act 2008, section 69 (Effect of orders for 17 administrative review). 18 Note The ACT Civil and Administrative Tribunal Act 2008, s 69 19 provides that an order of the ACAT made under s 68 (3) is taken 20 to be a decision of the decision-maker and takes effect from the 21 day the order is made unless the ACAT orders otherwise. page 16 Planning and Development Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 24 1 24 When development approval takes effect--activity not 2 allowed by lease 3 Section 179 (2) 4 after 5 development application 6 insert 7 or, if an application for review has been made in relation to the 8 approval, the approval as confirmed, varied or substituted by the 9 ACAT, 10 25 Section 179 (2) (c) excluding note 11 substitute 12 (c) if an application for review has been made in relation to the 13 approval-- 14 (i) the day that the confirmation, variation or substitution by 15 the ACAT takes effect under the ACT Civil and 16 Administrative Tribunal Act 2008, section 69 (Effect of 17 orders for administrative review); or 18 Note The ACT Civil and Administrative Tribunal Act 2008, s 69 19 provides that an order of the ACAT made under s 68 (3) is 20 taken to be a decision of the decision-maker and takes 21 effect from the day the order is made unless the ACAT 22 orders otherwise. 23 (ii) the day after the day the application for review is 24 withdrawn, dismissed or struck out. Planning and Development Amendment Bill 2009 (No 2) page 17 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 26 1 26 When development approval takes effect--condition to 2 be met 3 Section 180 (2) 4 after 5 development application 6 insert 7 or, if an application for review has been made in relation to the 8 approval, the approval as confirmed, varied or substituted by the 9 ACAT, 10 27 Section 180 (2) (c) 11 substitute 12 (c) if an application for review has been made in relation to the 13 approval-- 14 (i) the day that the confirmation, variation or substitution by 15 the ACAT takes effect under the ACT Civil and 16 Administrative Tribunal Act 2008, section 69 (Effect of 17 orders for administrative review); or 18 Note The ACT Civil and Administrative Tribunal Act 2008, s 69 19 provides that an order of the ACAT made under s 68 (3) is 20 taken to be a decision of the decision-maker and takes 21 effect from the day the order is made unless the ACAT 22 orders otherwise. 23 (ii) the day after the day the application for review is 24 withdrawn, dismissed or struck out. page 18 Planning and Development Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 28 1 28 When development approval takes effect--application for 2 reconsideration 3 Section 182 (2) 4 after 5 development application 6 insert 7 or, if an application for review has been made in relation to the 8 decision to confirm the original decision, the decision as confirmed, 9 varied or substituted by the ACAT, 10 29 Section 182 (2) (c) 11 substitute 12 (c) if an application for review has been made in relation to the 13 decision to confirm the original decision-- 14 (i) the day that the confirmation, variation or substitution by 15 the ACAT takes effect under the ACT Civil and 16 Administrative Tribunal Act 2008, section 69 (Effect of 17 orders for administrative review); or 18 Note The ACT Civil and Administrative Tribunal Act 2008, s 69 19 provides that an order of the ACAT made under s 68 (3) is 20 taken to be a decision of the decision-maker and takes 21 effect from the day the order is made unless the ACAT 22 orders otherwise. 23 (ii) the day after the day the application for review is 24 withdrawn, dismissed or struck out. Planning and Development Amendment Bill 2009 (No 2) page 19 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 30 1 30 End of development approvals other than lease variations 2 Section 184 (2) (c) 3 substitute 4 (c) if no period is stated in the approval for starting the 5 development or any stage of the development-- 6 (i) the development or stage of development has not been 7 started 2 years after the day the approval takes effect; or 8 (ii) if an appeal is made to the ACAT or a court in relation to 9 the approval--the development or stage of the 10 development has not started 2 years after the day the 11 appeal ends; or 12 Note Ends--see the dictionary. 13 31 New section 184 (2) (e) (iii) 14 insert 15 (iii) if an appeal is made to the ACAT or a court in relation to 16 the approval-- 17 (A) 2 years after the day the appeal ends; or 18 (B) if an extension of the 2-year period is granted under 19 this section--the extended period after the appeal 20 ends. 21 Note Ends--see the dictionary. 22 32 Section 184 (2) (f) 23 substitute 24 (f) if the approval relates to land comprised in a lease that requires 25 the development to be completed within a stated time-- 26 (i) the development is not completed within the stated time; 27 or page 20 Planning and Development Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 33 1 (ii) if the stated time has been extended under 2 section 298B--the development is not completed within 3 the extended time; or 4 33 Section 184 (4), definition of prescribed period, 5 paragraph (b) 6 substitute 7 (b) if no time is stated in the approval for finishing the 8 development-- 9 (i) the period ending 2 years after the day the development 10 begins; or 11 (ii) if an appeal is made to the ACAT or a court in relation to 12 the approval--the period ending 2 years after the day the 13 appeal ends. 14 Note Ends--see the dictionary. 15 34 End of development approvals for lease variations 16 Section 185 (2) (b) (except note) 17 substitute 18 (b) at the end of-- 19 (i) the period of 2 years starting on the day after the day the 20 approval takes effect; or 21 (ii) if an appeal is made to the ACAT or a court in relation to 22 the approval--the period of 2 years starting on the day 23 after the day the appeal ends. 24 Note Ends--see the dictionary. Planning and Development Amendment Bill 2009 (No 2) page 21 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 35 1 35 End of development approvals for use under lease 2 without lease variation, licence or permit 3 Section 186 (3) and (4) 4 substitute 5 (3) If only 1 use is allowed under the development approval, the 6 development approval ends if the use in accordance with the 7 development approval does not begin or happen before the end of-- 8 (a) the period of 2 years starting on the day after the day the 9 approval takes effect; or 10 (b) if an appeal is made to the ACAT or a court in relation to the 11 approval--the period of 2 years starting on the day after the 12 day the appeal ends. 13 Note Ends--see the dictionary. 14 (4) If more than 1 use is allowed under the development approval, the 15 development approval ends if none of the uses in accordance with 16 the development approval begin or happen before the end of-- 17 (a) the period of 2 years starting on the day after the day the 18 approval takes effect; or 19 (b) if an appeal is made to the ACAT or a court in relation to the 20 approval--the period of 2 years starting on the day after the 21 day the appeal ends. 22 Note Ends--see the dictionary. page 22 Planning and Development Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 36 1 36 End of development approvals for use under licence or 2 permit 3 Section 187 (2) (d), except note 4 substitute 5 (d) the licence or permit has expired and has not been renewed on 6 an application to renew the licence or permit made within 6 7 months after the day of expiry; or 8 (e) the licence or permit ends other than by expiring. 9 37 Section 187 (3) 10 substitute 11 (3) The development approval ends if use in accordance with the 12 development approval does not begin or happen before the end of-- 13 (a) the period of 2 years starting on the day after the day the 14 approval takes effect; or 15 (b) if an appeal is made to the ACAT or a court in relation to the 16 approval--the period of 2 years starting on the day after the 17 day the appeal ends. 18 Note Ends--see the dictionary. 19 38 Applications to amend development approvals 20 Section 197 (1), new note 21 insert 22 Note If the development proposal changes in accordance with the 23 development approval condition requiring the change, the change is 24 covered by the approval, so this section does not apply. Planning and Development Amendment Bill 2009 (No 2) page 23 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 39 1 39 Deciding applications to amend development approvals 2 Section 198 (1), example 3 omit 4 floor 5 substitute 6 room 7 40 Section 198 (1), new note 3 8 insert 9 Note 3 The planning and land authority must decide whether to amend the 10 development approval as soon as possible (see Legislation Act, s 151B). 11 41 Section 198 (2) 12 substitute 13 (2) However, section 162 (3) (Deciding development applications) does 14 not apply to the application. 15 (2A) The planning and land authority must refuse to amend the 16 development approval if satisfied that-- 17 (a) if the original proposal was in the code track--the changed 18 development proposal would be in the merit track or impact 19 track; or 20 (b) if the original proposal was in the merit track--the changed 21 development proposal would be in the impact track; or 22 (c) the changed development proposal would be in breach of a 23 condition on the approval imposed (rather than confirmed or 24 varied) by a court or tribunal. page 24 Planning and Development Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 42 1 42 Development applications for developments undertaken 2 without approval 3 New section 205 (1A) 4 insert 5 (1A) If the development becomes an exempt development-- 6 (a) the development is taken to have been an exempt development 7 since the development was started; but 8 (b) the exemption of the development does not affect any 9 proceeding under this part, whether or not the proceeding starts 10 before the development became exempt. 11 43 Definitions--ch 9 12 Section 234, definition of rental lease 13 omit 14 nominal 15 substitute 16 a nominal 17 44 Meaning of concessional lease and lease--Act 18 Section 235 (1), definition of concessional lease, 19 paragraph (a) 20 omit 21 to the Territory Planning and Development Amendment Bill 2009 (No 2) page 25 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 45 1 45 Section 235 (2) 2 substitute 3 (2) For subsection (1), definition of concessional lease, paragraph (a)-- 4 (a) a payment has been made if it was paid to the Territory, a 5 territory entity, a Commonwealth entity or the entity that 6 originally granted the lease; and 7 (b) it does not matter whether the consideration for the grant of the 8 lease was paid as a lump sum or is payable under the lease as 9 rent. 10 46 Section 235 (3), new definitions 11 insert 12 Commonwealth entity means-- 13 (a) the Commonwealth; or 14 (b) a Commonwealth authority under the Commonwealth 15 Authorities and Companies Act 1997 (Cwlth); or 16 (c) a Commonwealth company under the Commonwealth 17 Authorities and Companies Act 1997 (Cwlth). 18 territory entity means-- 19 (a) a territory authority; or 20 (b) a territory instrumentality; or 21 (c) a territory-owned corporation. page 26 Planning and Development Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 47 1 47 New section 235 (4) 2 insert 3 (4) A lease granted before the commencement of this subsection for 4 which a payment has been made under subsection (1) (a) (i), 5 whether before or after the commencement of that subsection, is 6 taken not to be a concessional lease, starting from the day the 7 payment was made. 8 48 New section 238A 9 insert 10 238A Lease conditional on approval for stated development 11 (1) This section applies to a lease granted under section 238 if-- 12 (a) a provision of the lease requires the lessee to obtain the 13 approval of the planning and land authority to undertake 14 development on the land comprised in the lease; and 15 (b) the development is exempt development. 16 (2) The lessee does not require the planning and land authority's 17 approval for the development. 18 49 Restriction on direct sale by authority 19 Section 240 (2) 20 substitute 21 (2) The Executive may approve the grant by direct sale of a lease other 22 than in accordance with criteria prescribed if satisfied that-- 23 (a) the grant meets 1 or more of the grant objectives; and 24 (b) a grant by a means other than direct sale-- 25 (i) is not likely to meet any of the grant objectives; or Planning and Development Amendment Bill 2009 (No 2) page 27 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 50 1 (ii) may meet 1 or more of the grant objectives but is unlikely 2 to meet the objective to the same extent as the grant by 3 direct sale of the lease. 4 50 Section 240 (4), new definition of grant objective 5 insert 6 grant objective--each of the following is a grant objective: 7 (a) to benefit the economy of the ACT or region; 8 (b) to contribute to the environment, or social or cultural features 9 in the ACT; 10 (c) to introduce new skills, technology or services in the ACT; 11 (d) to contribute to the export earnings and import replacement of 12 the ACT or region; 13 (e) to facilitate the achievement of a major policy objective. 14 51 Payment for leases 15 Section 246 (2) (a) 16 omit 17 the full market 18 substitute 19 not less than the market 20 52 Failure to accept and execute lease 21 Section 250 (4) 22 omit 23 a copy of page 28 Planning and Development Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 53 1 53 Restrictions on dealings with certain leases 2 New section 251 (1) (c) (iii) and (iv) 3 insert 4 (iii) a lease-- 5 (A) that was offered for sale under section 238 (1) (a) or 6 (c) but not sold; and 7 (B) for which not less than the market value was paid 8 for the subsequent direct sale; or 9 (iv) a lease-- 10 (A) that was sold under section 238 (1) (c) but the 11 contract of sale was rescinded or otherwise ended 12 before the lease was granted under the contract; and 13 (B) for which not less than the market value was paid 14 for the subsequent direct sale; or 15 54 New section 251 (1A) 16 insert 17 (1A) This section does not apply in relation to the following leases: 18 (a) a concessional lease; 19 (b) a rural lease. 20 55 Decision on rent payout lease variation application 21 Section 272B (1) (a) 22 omit 23 nominal 24 substitute 25 a nominal Planning and Development Amendment Bill 2009 (No 2) page 29 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 56 1 56 Section 272B (3) 2 omit 3 planning and development authority 4 substitute 5 planning and land authority 6 57 Power to decide rent payout applications deemed refused 7 Section 272D (2) 8 omit 9 nominal 10 substitute 11 a nominal 12 58 Lease to be varied to pay out rent 13 Section 273 (3) 14 omit 15 rent of 5 cents each year 16 substitute 17 nominal rent page 30 Planning and Development Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 59 1 59 Dealings with rural leases 2 Section 284 (4) 3 substitute 4 (4) The planning and land authority must consent under this section to a 5 dealing in relation to a lease if-- 6 (a) either-- 7 (i) the lessee's domestic partner or child is the person to 8 whom-- 9 (A) the lease is being assigned or transferred; or 10 (B) the land comprised in the lease, or part of it, is 11 sublet; or 12 (C) possession of the land comprised in the lease, or 13 part of it, is being given; or 14 (ii) the holding period for the lease has ended; and 15 (b) if section 283 applies to the dealing--the person to whom the 16 lease is to be granted has entered into an agreement with the 17 Territory in accordance with section 283. 18 60 Transfer of land subject to building and development 19 provision 20 New section 298 (2) (b) (v) 21 before the examples, insert 22 (v) the authority is satisfied that the transfer or assignment 23 (the relevant transfer or assignment) of the lease is-- 24 (A) by the Territory, a territory entity, the 25 Commonwealth or a Commonwealth entity (each of 26 which is an entity); and 27 (B) within the entity's functions; and Planning and Development Amendment Bill 2009 (No 2) page 31 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 61 1 (C) necessary because of a change in a policy of the 2 Territory, the Commonwealth or the entity that 3 affects more than 1 transfer or assignment, or 4 potential transfer or assignment, including the 5 relevant transfer or assignment. 6 61 New section 298 (6) 7 insert 8 (6) In this section: 9 Commonwealth entity means-- 10 (a) a Commonwealth authority under the Commonwealth 11 Authorities and Companies Act 1997 (Cwlth); or 12 (b) a Commonwealth company under the Commonwealth 13 Authorities and Companies Act 1997 (Cwlth). 14 territory entity means-- 15 (a) a territory authority; or 16 (b) a territory instrumentality; or 17 (c) a territory-owned corporation. 18 62 Section 298A heading 19 substitute 20 298A Application for extension of time to commence or 21 complete works page 32 Planning and Development Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 63 1 63 Section 298A (1) 2 omit 3 building or development 4 substitute 5 works 6 64 Section 298A (3) to (5) 7 substitute 8 (3) The application must be accompanied by the most recent assessment 9 notice for rates for the land. 10 65 Section 298B heading 11 substitute 12 298B Extension of time to commence or complete works 13 66 Section 298B (3) 14 omit 15 may approve the extension only if 16 substitute 17 must approve the extension if Planning and Development Amendment Bill 2009 (No 2) page 33 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 67 1 67 New section 298C 2 in part 9.9, insert 3 298C Extension of time to commence or complete works-- 4 required fee 5 (1) If the planning and land authority approves an extension of a stated 6 time under section 298B, the approval is subject to the condition 7 that the applicant pays the planning and land authority the amount, 8 or the total of the amounts, (the required fee) for each year, or part 9 year, of the period of extension of time approved, worked out as 10 follows: D 11 A× ×B 365 12 Example 13 Frank applies for an extension of time for 1 October 2009 to 31 December 2011 14 (2 years and 92 days). In Frank's case, the Planning and Development 15 Regulation 2008 prescribes A in the above formula to be 1 for the 1st year, 2 for 16 the 2nd year and 3 for the 3rd year of the period of extension. The fee is worked 17 out using the following formula: [1 x 365/365 x B] + [2 x 365/365 x B] + [3 x 18 92/365 x B]. 19 Note 1 The required fee may be waived under the Financial Management 20 Act 1996, s 131. 21 Note 2 An example is part of the Act, is not exhaustive and may extend, but 22 does not limit, the meaning of the provision in which it appears (see 23 Legislation Act, s 126 and s 132). page 34 Planning and Development Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 67 1 (2) However, if an extension (the earlier extension) of time has been 2 approved, in working out the required fee for a further extension-- 3 (a) the formula for working out the required fee applies as if the 4 period of extension included each earlier extension, other 5 than-- 6 (i) an earlier extension for which the required fee was 7 waived under the Financial Management Act 1996, 8 section 131; or 9 (ii) an earlier extension prescribed by regulation; and 10 (b) the required fee is reduced by-- 11 (i) the amount of the required fee paid for each earlier 12 extension; and 13 (ii) if part of the required fee was waived under the Financial 14 Management Act 1996, section 131 for an earlier 15 extension--the amount waived. 16 (3) In this section: 17 A is the figure, not more than 5, prescribed by regulation for the 18 relevant year of the period of extension. 19 Note Power to make a statutory instrument (including a regulation) includes 20 power to make different provision for different categories (see 21 Legislation Act, s 48). 22 B is the amount of rates imposed under the Rates Act 2004, 23 section 14 in relation to the land for the financial year in which the 24 application is made. 25 D is the lesser of-- 26 (a) 365; and 27 (b) the number of days for which the extension is sought in the 28 relevant year. Planning and Development Amendment Bill 2009 (No 2) page 35 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 68 1 period of extension means-- 2 (a) the period of extension applied for under subsection (2); or 3 (b) if an application seeks extensions for 2 or more building and 4 development provisions in a lease--the longest of the 5 extensions sought. 6 68 Content of controlled activity orders 7 Section 358 (3) (c) 8 substitute 9 (c) to comply with a lease provision or development agreement; 10 (ca) to restore any land, or a building or structure on the land, that 11 has been altered, damaged or fallen into disrepair in breach of a 12 lease provision or development agreement; 13 69 New section 358 (3) (m) 14 insert 15 (m) not to do anything that is a controlled activity whether or not a 16 controlled activity order has been, or could be, made under 17 paragraphs (a) to (l). 18 70 Entry on notice for rectification work and monitoring 19 Section 391B (2) 20 substitute 21 (2) The planning and land authority may give an occupier of the 22 premises written notice (an intention to enter notice) of the 23 inspector's intention to enter the premises. page 36 Planning and Development Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 71 1 71 Section 391B (6) 2 omit everything before paragraph (a), substitute 3 (6) Before an inspector enters the premises in accordance with the 4 intention to enter notice, the inspector must-- 5 72 New section 395B 6 insert 7 395B Authority may ask for information about leases from 8 commissioner for revenue 9 (1) The planning and land authority may, in writing, ask the 10 commissioner for revenue for the following information in relation 11 to a lease: 12 (a) the lessee's name; 13 (b) the lessee's home address or other contact address. 14 Note 1 The Information Privacy Principles apply to the planning and land 15 authority (see Privacy Act 1988 (Cwlth), s 14 to s 16). 16 Note 2 The planning and land authority may ask the commissioner for 17 information in relation to more than 1 lease at a time. Words in the 18 singular include the plural (see Legislation Act, s 145 (b)). 19 (2) The commissioner for revenue must disclose the information 20 required in a request made in accordance with subsection (1). 21 Note See also the Taxation Administration Act 1999, s 97 (c) for power to 22 disclose the information. 23 (3) The planning and land authority must not make a request under 24 subsection (1) in relation to a lease more often than-- 25 (a) once every 3 months; or 26 (b) if a regulation prescribes a longer period--once each period. 27 (4) Nothing in this section prevents the planning and land authority 28 from asking for information under section 395A. Planning and Development Amendment Bill 2009 (No 2) page 37 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 73 1 (5) In this section: 2 lease--see section 235. 3 lessee--see section 234. 4 73 When may inspector apply for rectification work order? 5 Section 402C (e) (ii) and (iii) 6 substitute 7 (ii) an inspector, or an accompanying authorised person, has 8 been refused entry in accordance with an intention to 9 enter notice given under section 391B; 10 (iii) a consent to the entry of an inspector or an accompanying 11 authorised person to carry out the rectification work has 12 been withdrawn; 13 (iv) a consent to the entry or re-entry of an authorised person 14 to carry out or complete the rectification work has been 15 withdrawn. 16 74 When may inspector apply for monitoring warrant? 17 Section 402N (b) (i) 18 substitute 19 (i) an inspector has been refused entry in accordance with an 20 intention to enter notice given under section 391B; page 38 Planning and Development Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 75 1 75 New section 404A 2 insert 3 404A Action in relation to seized thing 4 (1) An inspector who seizes a thing under section 392D (Power to seize 5 things on entry under search warrant) may-- 6 (a) remove the thing from the premises where it was seized to 7 another place; or 8 (b) leave the thing at the premises but restrict access to it. 9 (2) A person commits an offence if-- 10 (a) the person interferes with a seized thing, or anything 11 containing a seized thing, to which access has been restricted 12 under subsection (1) (b); and 13 (b) the person does not have an inspector's approval to interfere 14 with the thing. 15 Maximum penalty: 50 penalty units, imprisonment for 6 months or 16 both. 17 76 ACAT review--people who made representations etc 18 Section 409 (2) 19 omit 20 4 weeks 21 substitute 22 20 working days Planning and Development Amendment Bill 2009 (No 2) page 39 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 77 1 77 Section 431 2 substitute 3 431 Expiry--ch 15 4 (1) This chapter (other than part 15.1, part 15.5 and section 467) expires 5 3 years after the commencement day. 6 (2) Part 15.1, part 15.5 and section 467 expire 5 years after the 7 commencement day. 8 78 Transitional--development application lodged on or after 9 commencement day for estate development plan given 10 before commencement day 11 Section 442C (1) (b) 12 omit 13 planning and development authority 14 substitute 15 planning and land authority 16 79 Transitional--status of leases and licences 17 New section 456 (1A) 18 insert 19 (1A) This section also applies to the following leases granted or 20 continued, or purported to have been granted or continued, under the 21 repealed Act, whether or not in force immediately before the 22 commencement day: 23 (a) a lease granted during a consolidation or subdivision involving 24 the surrender of 1 or more previous leases if 1 or more of the 25 previous leases was a concessional lease; 26 (b) a concessional lease. page 40 Planning and Development Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 80 1 80 Section 456A heading 2 substitute 3 456A Transitional--application for extension of time to 4 commence or complete development 5 81 Section 456A (1) 6 omit 7 building or development 8 substitute 9 a development 10 82 Section 456A (4) 11 omit 12 building and development 13 substitute 14 works 15 83 Section 456A (4) (b) 16 omit 17 section 298A (3) (b) 18 substitute 19 section 298C (1) Planning and Development Amendment Bill 2009 (No 2) page 41 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 84 1 84 Section 456A (5) 2 omit 3 building and development 4 substitute 5 works 6 85 Schedule 1, item 2, column 4 7 omit 8 applicant 9 substitute 10 applicant for development approval 11 86 Schedule 1, item 3, column 2 12 omit 13 to the extent that the decision 14 substitute 15 to the extent that the development proposal 16 87 Schedule 1, item 3, column 4 17 omit 18 applicant 19 substitute 20 applicant for development approval page 42 Planning and Development Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 88 1 88 Schedule 1, item 4, column 2 2 after paragraph (b), insert 3 Note A decision under s 162 is reviewable only to the extent that the 4 development proposal-- 5 (a) is subject to a rule and does not comply with the rule; or 6 (b) is not subject to a rule. 7 (see s 121 (2)). 8 89 Schedule 1, item 5, column 4 9 omit 10 applicant 11 substitute 12 applicant for development approval 13 90 Schedule 1, item 25, column 2 14 omit 15 nominal 16 substitute 17 a nominal 18 91 Dictionary, new definition of end 19 insert 20 ends--an appeal ends if it is decided, withdrawn or struck out. Planning and Development Amendment Bill 2009 (No 2) page 43 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 92 1 92 Dictionary, new definition of nominal rent 2 insert 3 nominal rent means-- 4 (a) rent of 5 cents each year; or 5 (b) if another nominal amount each year is prescribed by 6 regulation--rent of the other nominal amount. 7 93 Dictionary, definition of nominal rent lease 8 omit 9 for nominal 10 substitute 11 for a nominal 12 94 Dictionary, definition of variation, paragraph (a) (iv) 13 substitute 14 (iv) does not include-- 15 (A) the surrender of the lease and the grant of a further 16 lease under section 254 (Grant of further leases); or 17 (B) a variation to a deed that is incorporated into, or 18 referred to in, the lease, if the deed is varied in a 19 way that is provided for in the deed; and page 44 Planning and Development Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 95 1 Part 3 Planning and Development 2 Regulation 2008 3 95 Legislation amended--pt 3 4 This part amends the Planning and Development Regulation 2008. 5 96 Exemptions from restrictions on dealings with certain 6 leases--Act, s 251 (3) 7 Section 142 (1) and note 8 omit 9 97 Section 142 (2) (e) 10 omit 11 98 Section 202 heading 12 substitute 13 202 Application for extension of time--earlier extension--Act, 14 s 298C (2) (a) (ii) 15 99 Section 203 heading 16 substitute 17 203 Application for extension of time--general rule--Act, 18 s 298C (3), def A Planning and Development Amendment Bill 2009 (No 2) page 45 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 100 1 100 Section 203 (3), definition of period of extension, and 2 note 3 substitute 4 period of extension--see the Act, section 298C (3). 5 Note The Act, s 298C (3) defines A to be 5 if a lower figure is not prescribed. 6 101 Section 204 heading 7 substitute 8 204 Application for extension of time--hardship reason--Act, 9 s 298C (3), def A 10 102 Section 204 (4), definition of period of extension 11 substitute 12 period of extension--see the Act, section 298C (3). 13 103 Section 205 heading 14 substitute 15 205 Application for extension of time--external reason--Act, 16 s 298C (3), def A 17 104 Section 206 heading 18 substitute 19 206 Application for extension of time--lease transferred or 20 assigned in special circumstances--Act, s 298C (3), def A page 46 Planning and Development Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 105 1 105 Section 207 heading 2 substitute 3 207 Application for extension of time--certain leases granted 4 before 31 March 2008--Act, s 298C (3), def A 5 106 Securing things seized under the Act, pt 12.3 6 Section 403 7 omit 8 107 Criterion 5--compliance with lease and other 9 development approvals 10 Schedule 1, section 1.15 (1) (a) 11 omit 12 108 Schedule 1, section 1.15 (2) and examples 13 omit Planning and Development Amendment Bill 2009 (No 2) page 47 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 Presentation speech Presentation speech made in the Legislative Assembly on 2009. 2 Notification Notified under the Legislation Act on 2009. 3 Republications of amended laws For the latest republication of amended laws, see www.legislation.act.gov.au. © Australian Capital Territory 2009 page 48 Planning and Development Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au