2009 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Ms Caroline Le Couteur) Planning and Development (Notifications and Review) Amendment Bill 2009 Contents Page 1 Name of Act 2 2 Commencement 2 3 Legislation amended 2 4 Section 121 2 5 What is publicly notifies for ch 7? Section 152 (1), note 2 2 6 Public notice to adjoining premises Section 153 (5) 3 7 Major public notification Section 155 (5) 4 J2009-859 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 8 Notice of approval of application Section 170 (3), note 5 9 Notice of refusal of application Section 171 (3), note 5 10 Reconsideration Section 193 (3) 5 11 Notice of decisions on reconsideration Section 195, note 5 12 Decision about whether lease concessional Section 257 (5), note 6 13 Authority may decide whether lease concessional on own initiative Section 258 (4), note 1 6 14 Decision on rent payout lease variation application Section 272B (3), note 6 15 Section 408 6 16 ACAT review--people who made representations etc Section 409 (2) (a) 7 17 Section 409 (2) (b) 7 18 Section 409 (3) and note 8 19 Meaning of material detriment--Act Section 419 8 20 Reviewable decisions, eligible entities and interested entities Schedule 1, item 3, column 2 8 21 Schedule 1, item 4, column 4 8 22 Schedule 1, item 6, column 4 8 23 Schedule 1, item 12, column 4 9 24 Dictionary, definition of material detriment 9 contents 2 Planning and Development (Notifications and Review) Amendment Bill 2009 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) (Ms Caroline Le Couteur) Planning and Development (Notifications and Review) Amendment Bill 2009 A Bill for An Act to amend the Planning and Development Act 2007 The Legislative Assembly for the Australian Capital Territory enacts as follows: J2009-859 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 1 Name of Act 2 This Act is the Planning and Development (Notifications and 3 Review) Amendment Act 2009. 4 2 Commencement 5 This Act commences on the 7th day after its notification day. 6 Note The naming and commencement provisions automatically commence on 7 the notification day (see Legislation Act, s 75 (1)). 8 3 Legislation amended 9 This Act amends the Planning and Development Act 2007. 10 4 Section 121 11 substitute 12 121 Merit track--notification and right of review 13 If a development proposal is in the merit track, the application for 14 development approval for the proposal must be publicly notified 15 under division 7.3.4 and there may be a right of review under 16 chapter 13 by someone other than the applicant in relation to the 17 decision on the application. 18 5 What is publicly notifies for ch 7? 19 Section 152 (1), note 2 20 omit page 2 Planning and Development (Notifications and Review) Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 6 Public notice to adjoining premises 2 Section 153 (5) 3 substitute 4 (5) If the planning and land authority is satisfied that a failure to notify 5 a person about an application as required under this section has not 6 resulted in a defined circumstance-- 7 (a) the planning and land authority may make a declaration to that 8 effect; and 9 (b) the validity of the development approval is not affected by the 10 failure. 11 (6) A declaration is a notifiable instrument. 12 Note A notifiable instrument must be notified under the Legislation Act. 13 (7) In this section: 14 defined circumstance, in relation to a failure to notify a person 15 about an application as required under this section, means the 16 failure-- 17 (a) unfavourably affects the person's awareness of the existence 18 and nature of the application; or 19 (b) denies or restricts the opportunity of the person to make 20 representations about the application under section 156. Planning and Development (Notifications and Review) page 3 Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 7 Major public notification 2 Section 155 (5) 3 substitute 4 (5) If the planning and land authority is satisfied that a failure to notify 5 a development application under subsection (1) has not resulted in a 6 defined circumstance-- 7 (a) the planning and land authority may make a declaration to that 8 effect; and 9 (b) the validity of the development approval is not affected by the 10 failure. 11 (6) A declaration is a notifiable instrument. 12 Note A notifiable instrument must be notified under the Legislation Act. 13 (7) In this section: 14 defined circumstance, in relation to a failure to notify a 15 development application as required under subsection (1), means the 16 failure-- 17 (a) unfavourably affects the public's awareness of the existence 18 and nature of the application; or 19 (b) denies or restricts the opportunity of the public to make 20 representations about the application under section 156. page 4 Planning and Development (Notifications and Review) Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 8 Notice of approval of application 2 Section 170 (3), note 3 omit 4 s 408 (2) 5 substitute 6 s 408 7 9 Notice of refusal of application 8 Section 171 (3), note 9 omit 10 s 408 (2) 11 substitute 12 s 408 13 10 Reconsideration 14 Section 193 (3) 15 omit 16 11 Notice of decisions on reconsideration 17 Section 195, note 18 omit 19 s 408 (2) 20 substitute 21 s 408 Planning and Development (Notifications and Review) page 5 Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 12 Decision about whether lease concessional 2 Section 257 (5), note 3 omit 4 s 408 (2) 5 substitute 6 s 408 7 13 Authority may decide whether lease concessional on own 8 initiative 9 Section 258 (4), note 1 10 omit 11 s 408 (2) 12 substitute 13 s 408 14 14 Decision on rent payout lease variation application 15 Section 272B (3), note 16 omit 17 s 408 (2) 18 substitute 19 s 408 20 15 Section 408 21 substitute 22 408 Reviewable decision notices 23 If a decision-maker makes a reviewable decision, the 24 decision-maker must give a reviewable decision notice to the 25 following entities in relation to the decision: 26 (a) each eligible entity for the decision; page 6 Planning and Development (Notifications and Review) Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 (b) each interested entity for the decision. 2 Note 1 The decision-maker must also take reasonable steps to give a 3 reviewable decision notice to any other person whose interests are 4 affected by the decision (see ACT Civil and Administrative Tribunal 5 Act 2008, s 67A). 6 Note 2 The requirements for reviewable decision notices are prescribed under 7 the ACT Civil and Administrative Tribunal Act 2008. 8 408A Applications for review 9 The following may apply to the ACAT for review of a reviewable 10 decision: 11 (a) an eligible entity for the decision; 12 (b) any other person whose interests are affected by the decision. 13 Note If a form is approved under the ACT Civil and Administrative Tribunal 14 Act 2008 for the application, the form must be used. 15 16 ACAT review--people who made representations etc 16 Section 409 (2) (a) 17 omit 18 the person was told about the decision 19 substitute 20 notice of the decision was received by the person 21 17 Section 409 (2) (b) 22 omit 23 given 24 substitute 25 received Planning and Development (Notifications and Review) page 7 Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 18 Section 409 (3) and note 2 substitute 3 Note 1 The time for making an application may be extended (see ACT Civil 4 and Administrative Tribunal Procedure Rules 2009 (No 2)). 5 Note 2 For how documents may be served, see the Legislation Act, pt 19.5. 6 19 Meaning of material detriment--Act 7 Section 419 8 omit 9 20 Reviewable decisions, eligible entities and interested 10 entities 11 Schedule 1, item 3, column 2 12 substitute 13 decision under s 162 to approve a development application in the 14 merit track subject to a condition or to refuse to approve the 15 application 16 21 Schedule 1, item 4, column 4 17 substitute 18 an entity if the entity made a representation under s 156 about the 19 development proposal or had a reasonable excuse for not making a 20 representation 21 22 Schedule 1, item 6, column 4 22 substitute 23 an entity if the entity made a representation under s 156 about the 24 development proposal or had a reasonable excuse for not making a 25 representation page 8 Planning and Development (Notifications and Review) Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 23 Schedule 1, item 12, column 4 2 substitute 3 an entity if the entity made a representation under s 156 about the 4 development proposal or had a reasonable excuse for not making a 5 representation 6 24 Dictionary, definition of material detriment 7 omit Endnotes 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 Planning and Development (Notifications and Review) page 9 Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au