PLANNING AND DEVELOPMENT (PROJECT FACILITATION) AMENDMENT BILL 2014
This is a Bill, not an Act. For current law, see the Acts databases.
PLANNING AND DEVELOPMENT (PROJECT FACILITATION) AMENDMENT BILL 2014
2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for the Environment and Sustainable Development)
Planning and Development (Project Facilitation) Amendment Bill 2014
Contents
Page
Part 1.1Administrative Decisions (Judicial Review) Act 198954
2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for the Environment and Sustainable Development)
Planning and Development (Project Facilitation) Amendment Bill 2014
A Bill for
An Act to amend the
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Planning and Development (Project Facilitation) Amendment Act 2014
.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
This Act amends the Planning and Development Act 2007
.
Note This Act also amends other legislation (see sch 1).
4 Contents of territory
plan
New section 51 (2) (aa)
insert
(aa) identify special precinct areas and include structure plans that apply to those areas; and
insert
Note For more about special precinct areas, see pt 5.3A.
substitute
Part 5.3 Variations of territory plan other than special precinct area variations and technical or special amendments
7 How territory plan is varied under pt
5.3
Section 57 (1)
omit
technical
substitute
special precinct area variation or a technical or special
substitute
Note 1 For territory plan
variations that are special precinct area variations, see pt 5.3A.
Note 2 For territory plan
variations that are technical or special amendments, see pt 5.4 and pt 5.5.
substitute
(8) Different provisions apply to plan variations that are special precinct area variations and technical or special amendments, including future urban areas.
Note 1 For territory plan
variations that are special precinct variations, see pt 5.3A.
Note 2 For territory plan
variations that are technical or special amendments, see pt 5.4, pt 5.5, and s 95.
10 Definitions—pt
5.3
Section 58, new definitions
insert
special amendment—see section 88.
technical amendment—see section 87.
11 Section 58, definition of technical amendments
omit
substitute
59 Application of pt 5.3
This part does not apply to variations of the territory plan
that are—
(a) variations for special precinct areas under part 5.3A; and
(b) technical or special amendments under part 5.4 and part 5.5.
13 Draft plan variations to be given to
Minister etc
Section 69 (2), note
substitute
(3) The Minister must give a copy of any documents given to the Minister under subsection (2) to the Executive.
Note The Minister may also refer a copy of the documents given to the Minister under this section to a committee of the Legislative Assembly (see s 73).
insert
Part 5.3A Plan variations—special precinct areas
Division 5.3A.1 Special precinct areas—consultation requirements
85A Preparation of draft special precinct variation
(1) The Minister may direct the planning and land authority to prepare a draft variation of the territory plan
for a special precinct area (a draft special precinct variation).
(2) The draft special precinct variation must—
(a) identify the area that is the proposed special precinct area; and
(b) include a structure plan for the special precinct area; and
(c) include any territory plan
variations that are required to implement the special precinct variation; and
(d) state the period the special precinct variation is in force; and
(e) state how the special precinct variation meets the criteria in section 85H (When Executive may make special precinct variation); and
(f) include any information that the Minister considers appropriate; and
(g) if the proposed special precinct area includes a proposed significant project—attach the draft significant project declaration; and
Note A significant project declaration may also be made separately from a special precinct variation (see div 7.2.8 (Projects of major significance)).
(h) if the proposed special precinct area includes a proposed restriction declaration—
(i) include any territory plan
variations that are required to implement the restriction declaration; and
(ii) attach the proposed restriction declaration.
Note A restriction declaration cannot be made other than through the special precinct variation process (see s 85N (2)) . For the effect of a restriction declaration, see s 85Q.
(3) For this division, a draft significant project declaration and a proposed restriction declaration that are attached to a draft special precinct variation form part of the draft special precinct variation.
85B Consultation on draft variation
(1) The planning and land authority must give written notice inviting comment on a draft special precinct variation under section 85A to each of the following:
(a) the national capital authority;
(b) if the draft special precinct variation includes an attached proposed restriction declaration—
(i) if the proposed restriction declaration relates to the Tree Protection Act 2005
—the conservator of flora and fauna; and
(ii) if the proposed restriction declaration relates to the Heritage Act 2004
—the heritage council;
(c) an entity prescribed by regulation.
(2) The planning and land authority must also consult with the public in accordance with section 85C.
85C Public consultation—notification
(1) Before giving a draft special precinct variation to the Minister under section 85F, the planning and land authority must prepare a notice (a consultation notice)—
(a) stating that copies of the draft special precinct variation are available for public inspection and purchase during a stated period of not less than 30 working days (the consultation period) at stated places; and
(b) inviting people to give written comments (consultation comments) about the draft special precinct variation to the authority at a stated address during the consultation period; and
(c) stating that copies of consultation comments, or comments received from the national capital authority, will be made available for public inspection for a period of at least 15 working days starting 10 working days after the day the consultation period ends, at stated places.
(2) The planning and land authority may (by an extension notice) extend or further extend the consultation period.
Note The planning and land authority may extend the consultation period after the end of the period being extended (see Legislation Act
, s 151C (3)).
(3) The following are notifiable instruments:
(a) the consultation notice;
(b) any extension notice.
Note A notifiable instrument must be notified under the Legislation Act
.
(4) If a notifiable instrument under subsection (3) does not state when the instrument expires, the instrument expires 6 months after the day it is notified.
(5) The planning and land authority must also publish the consultation notice and any extension notice in a daily newspaper and on the authority website.
Note Authority website—see the dictionary.
85D Public consultation—availability of draft variation etc
The planning and land authority must make copies of the draft special precinct variation mentioned in a consultation notice available for public inspection and purchase during office hours during the consultation period and at the places stated in the consultation notice.
85E Public inspection of comments on draft variation
The planning and land authority must make copies of any consultation comments made on a draft special precinct variation available for public inspection during office hours during the period, and at the places, mentioned in the consultation notice for the draft special precinct variation.
Note This section is subject to s 411 and s 412.
85F Draft variation to be given to Minister
(1) This section applies to a draft special precinct variation if the consultation process for the draft special precinct variation has ended.
(2) The planning and land authority must give the draft special precinct variation to the Minister, together with a written report setting out—
(a) comments received from the national capital authority; and
(b) comments received from any prescribed entities; and
(c) if the draft special precinct variation includes an attached proposed restriction declaration—
(i) comments received from the conservator of flora and fauna; and
(ii) comments received from the heritage council; and
(d) details of the public consultation; and
(e) the issues raised in any consultation about the draft special precinct variation.
(3) The Minister must—
(a) give the draft special precinct variation and report to the Executive along with any comments by the Minister; or
(b) return the draft special precinct variation to the planning and land authority and direct the authority to do 1 or more of the following:
(i) conduct further stated consultation;
(ii) consider any relevant planning report or strategic environmental assessment;
(iii) consider any revision suggested by the Minister;
(iv) revise the draft special precinct variation in a stated way;
(v) withdraw the draft special precinct variation.
(4) If the Minister directs the withdrawal of a draft special precinct variation by the planning and land authority under subsection (3) (b) (v), the authority must prepare a notice stating that the draft special precinct variation is withdrawn.
(5) The following are notifiable instruments:
(a) a direction under subsection (3) (b);
(b) a notice under subsection (4).
Note A notifiable instrument must be notified under the Legislation Act
.
(6) If a notifiable instrument under subsection (5) does not state when the instrument expires, the instrument expires 6 months after the day it is notified.
(7) The planning and land authority must also publish the notice under subsection (4) in a daily newspaper.
Division 5.3A.2 Special precinct variations
85G Executive may make special precinct variation
(1) The Executive may vary the territory plan
for a special precinct area (a special precinct variation).
Note A special precinct variation is a disallowable instrument (see s 85I).
(2) The special precinct variation must—
(a) identify the area that is the special precinct area; and
(b) include a structure plan for the special precinct area; and
(c) include any territory plan
variations that are required to implement the special precinct variation; and
(d) state the period the special precinct variation or any part of the variation is in force; and
(e) state how, in the Executive’s opinion, the area meets the special precinct variation criteria in section 85H; and
(f) include the consultation report on the draft special precinct variation prepared by the planning and land authority under section 85F; and
(g) if the special precinct area includes a significant project—attach the significant project declaration; and
Note A significant project declaration is made under s 137H.
(h) if the special precinct area includes a restriction declaration—
(i) include any territory plan
variations that are required to implement the restriction declaration; and
(ii) attach the restriction declaration.
Note A restriction declaration is made under s 85N. For the effect of a restriction declaration, see s 85Q.
85H When Executive may make special precinct variation
(1) The Executive may only make a special precinct variation under section 85G if—
(a) the planning and land authority has consulted relevant entities and the public about the draft special precinct variation in accordance with the requirements in section 85B; and
(b) the Executive has considered the planning and land authority’s consultation report provided to the Minister by the authority under section 85F and any comments provided by the Minister along with that report; and
(c) the Executive considers the proposed special precinct area and the supporting structure plan are consistent with the planning strategy; and
(d) the Executive considers the variation of the territory plan
to identify the special precinct area would achieve—
(i) a substantial public benefit; and
(ii) 1 or more of the following objectives:
(A) implementation or progress towards implementation of the planning strategy or elements of the planning strategy;
(B) progress towards sustainable development of the Territory;
(C) economic, social, cultural or environmental progress for the Territory; and
(e) the Executive considers that the territory plan
as varied by the special precinct variation will give effect to the objects
of the
.
(2) However, the Executive may make a special precinct variation in a revised form to the draft special precinct variation if, having regard to the report of the planning and land authority and comments of the Minister under section 85F, the Executive considers it appropriate to do so.
85I Special precinct area—disallowance and date of effect
(1) A special precinct variation is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act
.
(2) Subject to any disallowance under the Legislation Act
, chapter 7, the special precinct variation commences—
(a) if there is a motion to disallow the variation and the motion is negatived by the Legislative Assembly—the day after the day the disallowance motion is negatived; or
(b) on the day after the 6th sitting day after the day the variation is presented to the Legislative Assembly under that chapter; or
(c) if the variation provides for a later date or time of commencement—on the later date or time.
85J Special precinct variation—Symonston mental health facility
(1) Despite section 85I, a special precinct variation in relation to a mental health facility at the Symonston site is a notifiable instrument and commences on the day stated in the variation.
Note A notifiable instrument must be notified under the Legislation Act
.
(2) In this section:
mental health facility—see the Mental Health (Treatment and Care) Act 1994
, dictionary.
Symonston site means the area outlined in bold on the plan in schedule 6.
(3) This section and schedule 6 expire 1 year after the day this section commences.
85K Period of effect of variation
A special precinct variation remains in force for the period stated in the variation.
85L Effect of variation—variations to territory plan
(1) A variation to the territory plan
that is included in a special precinct variation takes effect on the day the special precinct variation commences.
(2) The planning and land authority must publish in a daily newspaper details of—
(a) each variation to the territory plan
made by a special precinct variation; and
(b) where copies of the plan variation may be inspected or purchased.
(3) The planning and land authority must make copies of the plan variation available for inspection or purchase during office hours at the places, and during the period, published in the newspaper under subsection (2) (b).
85M Special precinct variation—time limit on bringing court proceedings
A person may not start a proceeding in a court in relation to a special precinct variation more than 60 days after the variation is made.
Note Section 104 limits challenges to the validity of territory plan
provisions more generally.
Division 5.3A.3 Restriction declarations
85N Executive may restrict operation of certain Acts
(1) The Executive may make a declaration (a restriction declaration) that 1 or more of the following Acts have a restricted operation in relation to development in a special precinct area:
(a) the
;
(b) the
.
(2) The restriction declaration must be made at the same time the special precinct variation is made.
(3) The restriction declaration must—
(a) identify the area within the special precinct area that the declaration applies to; and
(b) identify development within the special precinct area that the declaration applies to; and
(c) state the period that the declaration is in force.
Note Power to make a statutory instrument includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act
, s 48).
85O Restriction declaration—disallowance and date of effect
(1) A restriction declaration is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act
.
(2) Subject to any disallowance under the Legislation Act
, chapter 7, the declaration commences—
(a) on the same day as the special precinct variation to which the declaration relates commences; or
(b) if the declaration provides for a later date or time of commencement—on the later date or time.
85P Period of effect of declaration
(1) A restriction declaration remains in force for the period stated in the declaration, or, if the period stated is extended by the Executive under this section, the extended period.
(2) The Executive may extend the period.
(3) An extension under subsection (2) is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act
.
(4) Subject to any disallowance under the Legislation Act
, chapter 7, the extension commences—
(a) if there is a motion to disallow the extension and the motion is negatived by the Legislative Assembly—the day after the day the disallowance motion is negatived; or
(b) on the day after the 6th sitting day after the day the extension is presented to the Legislative Assembly under that chapter.
(5) The planning and land authority must notify an extension of the period by publishing a notice of the extension in a daily newspaper and on the authority website.
Note Authority website—see the dictionary.
85Q Effect of restriction declaration
(1) This section applies if—
(a) the Minister or the planning and land authority is considering a development application under chapter 7, chapter 8 or chapter 9; and
(b) a restriction declaration applies to the development application.
(2) The following Acts are not a relevant consideration for a decision in relation to the development application:
(a) the
;
(b) the
other than provisions relating to registered trees and declared sites.
(3) The following provisions of this Act do not apply to relevant advice given in relation to a development application to which a restriction declaration applies:
(a) section 119 (2);
(b) section 120 (d);
(c) section 128 (2);
(d) section 129 (e);
(e) section 148 (1).
(4) In this section:
registered tree—see the Tree Protection Act 2005
, section 9.
relevant advice means 1 or more of the following:
(a) advice given by the heritage council in performing its functions under
the
;
(b) advice given by the conservator of flora and fauna in performing his or
her functions under the
.
Note A restriction application also has effect under the Heritage Act 2004
and the
to stop certain registration decisions by the heritage council or conservator of flora and fauna while the declaration is in force (see Heritage Act 2004
, s 42A and
, s 52A).
85R Revocation of restriction declaration
(1) The Executive may revoke a restriction declaration.
(2) The revocation must not take effect less than 30 working days after the day the revocation is made by the Executive.
(3) A revocation is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
(4) The planning and land authority must notify the revocation by publishing a notice of the revocation in a daily newspaper and on the authority website.
Note Authority website—see the dictionary.
(5) To remove any doubt, the revocation of a restriction declaration does not affect any variation to the territory plan
made under section 85G (2) (h) (i).
substitute
Part 5.4 Plan variations—technical and special amendments
86 Definitions—pt 5.4
In this part:
code variation—see section 88 (a).
error variation—see section 87 (a).
special amendment—see section 88.
technical amendment—see section 87.
87 What are technical amendments of territory plan?
Each of the following territory plan
variations is a technical amendment:
(a) a variation (an error variation) that—
(i) would not adversely affect anyone’s rights if approved; and
(ii) has as its only object the correction of a formal error in the plan;
(b) a variation required to bring the territory plan
into line with the national capital plan;
(c) a variation to omit something that is obsolete or redundant in the territory plan
;
Examples—obsolete or redundant things
1 a structure plan that is no longer relevant because all the land that the structure plan applies to ceases to be in a future urban area
2 a provision of the territory plan
that has become redundant because of the enactment of a law that applies in the Territory
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
(d) a variation to change the boundary of a zone or overlay under section 96A (Rezoning—boundary changes);
(e) a variation in relation to an estate development plan under section 96 (Effect of approval of estate development plan) other than a variation that incorporates an ongoing provision that was not included in the plan under section 94 (3) (g).
88 What are special amendments of territory plan?
Each of the following territory plan
variations is a special amendment:
(a) a variation (a code variation) that—
(i) would only change a code; and
(ii) is consistent with the policy purpose and policy framework of the code; and
(iii) is not an error variation;
(b) a variation in relation to a future urban area or special precinct area under section 95 (Special amendments—future urban areas and special precinct areas);
Note A variation to rezone land that is not in a future urban area or special precinct area is not a special amendment.
(c) a variation in relation to an estate development plan under section 96 (Effect of approval of estate development plan) if it incorporates an ongoing provision that was not included in the plan under section 94 (3) (g);
(d) a variation to clarify the language in the territory plan
if it does not change the substance of the plan;
(e) a variation to relocate a provision within the territory plan
if the substance of the provision is not changed.
Example—par (e)
relocating an area-specific policy from a development code to a precinct code
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
89 Making technical and special amendments
(1) This section applies if—
(a) the planning and land authority is satisfied that a plan variation would, if made, be a technical or special amendment; and
(b) if the plan variation is a special amendment—any consultation that is needed for the variation under section 90 has been completed.
(2) The planning and land authority may put the plan variation (incorporating any amendments made to the variation following any consultation under section 90) in writing.
(3) The plan variation is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
(4) The planning and land authority must fix a day when the plan variation is to commence.
Note 1 An instrument under this subsection is a commencement
notice (see
, s 11). A commencement notice must be notified under the Legislation Act
. The plan variation commences in accordance with the commencement notice.
Note 2 On commencement, a plan variation varies the territory plan
according to its terms.
(5) Not later than 5 working days after the day the plan variation is
notified under the
, the planning and land authority must publish a notice in a daily newspaper that—
(a) describes the variation; and
(b) states the date of effect of the variation; and
(c) if the authority considers it necessary or helpful—states where the plan variation and information about the plan variation is available for inspection.
90 Special amendments—limited consultation
(1) This section applies if the planning and land authority is satisfied that a plan variation would, if made, be a special amendment.
(2) The planning and land authority must publish a notice in a daily newspaper that—
(a) describes the proposed special amendment; and
(b) states where a copy of the proposed plan variation and information about the amendment is available for inspection; and
(c) states how and when written comments (consultation comments) may be made on the amendment; and
(d) states that a copy of any consultation comments made under paragraph (c) will be made available for inspection for at least 15 working days starting 10 working days after the period under paragraph (c) ends, at stated places.
Note Section 411 and s 412 apply to a person who makes consultation comments under this section.
(3) The planning and land authority must make the documents mentioned in subsection (2) (b) and (d) available for inspection as mentioned in the notice.
(4) The period stated under subsection (2) (c) for making consultation comments must be at least 20 working days.
(5) The planning and land authority must tell the national capital authority about the proposed special amendment.
(6) The planning and land authority must consider—
(a) any consultation comments made in response to the notice under subsection (2); and
(b) any views expressed by the national capital authority during that consultation.
substitute
Part 5.5 Plan variations—structure and concept plans, special precinct areas, rezoning and estate development plans
substitute
92 What is a structure plan?
(1) A structure plan sets out principles and policies for development of future urban areas and special precinct areas.
(2) A structure plan must—
(a) be consistent with the statement of strategic directions; and
(b) for a special precinct area—
(i) set out any variations to the territory plan
that take effect immediately on the declaration of the special precinct area; and
(ii) state the maximum extent to which the outer boundary of the special precinct area may be adjusted by technical amendments under section 95 (Special amendments—future urban areas and special precinct areas).
Note 1 Future urban areas and special precinct areas may be identified
in the
(see s 51 (2) (a) and (aa)).
Note 2 Certain development may be prohibited in future urban areas (see s 136).
93 What is a concept plan?
A concept plan—
(a) applies the principles and policies in a structure plan to a future urban area or a special precinct area; and
(b) is a precinct code in the territory plan
that guides the preparation and assessment of development in areas to which the concept plan relates.
Note For more about precinct codes, see s 55 (3).
substitute
95 Special amendments—future urban areas and special precinct areas
(1) This section applies to land in future urban areas and special precinct areas.
(2) The planning and land authority may vary the territory plan
under section 89 (Making technical and special amendments) to—
(a) rezone the land; and
(b) establish or vary a precinct code in relation to the land; and
(c) make or vary development tables in relation to the land; and
(d) change the boundary of the land.
(3) However, the planning and land authority may only vary the territory plan
as mentioned in subsection (2) if—
(a) the variation is consistent with the structure plan for the area; and
(b) for a variation mentioned in subsection (2) (d)—no part of the boundary proposed to be changed is aligned with the boundary of an existing leasehold.
19 Sections 96 (2) and 96A (1)
omit
section 89 (Making technical amendments)
substitute
section 89 (Making technical and special amendments)
20 Consideration of planning
strategy
Section 109 (1) (c)
after
the Executive under
insert
section 85H or
substitute
127 Impact track—development applications
(1) This section applies to a development application for a development proposal in the impact track unless the application is exempted by the Minister under section 211.
(2) The development application must include—
(a) a completed EIS; or
(b) a draft EIS.
Note While the proponent has the option of providing either a completed EIS or a draft EIS with the development application (see s 139 (2) (f)), the development approval may only be given on the basis of a completed EIS (see s 128 (1) (a) (i) and s 129).
(3) The development application must include a completed EIS if—
(a) the proponent of the development proposal has previously lodged a development application in relation to the development proposal (the previous application); and
(b) the previous application was made less than 2 years before the development application; and
(c) the planning and land authority rejected the EIS in relation to the previous application.
Note 1 Requirements for development applications are dealt with in div 7.3.2.
Note 2 Requirements for an EIS are dealt with in pt 8.2.
Note 3 For when an EIS is completed, see s 209.
Note 4 The authority may reject an unsatisfactory EIS under s 224A.
22 Impact track—time for decision
on application
New section 131 (2)
insert
(2) However, if the development application is accompanied by a draft EIS, the time for deciding the application is extended by the same number of days as the proponent has taken to give a revised EIS to the planning and land authority under section 221 (Revising draft EIS).
Note 1 The proponent has the option of providing either a completed EIS or a draft EIS with the development application (see s 139 (2) (f)).
Note 2 The time within which the proponent must give a revised EIS to the planning and land authority is 30 days but may be extended (see s 221A).
insert
Division 7.2.8 Projects of major significance
137A Draft declaration of project of major significance
(1) The Minister may direct the planning and land authority to prepare a draft declaration of a project of major significance (a draft significant project declaration).
(2) The draft significant project declaration must—
(a) state the development proposal that is the subject of the declaration; and
(b) identify the land on which the development proposal is located; and
(c) include any information that the Minister considers appropriate; and
(d) state the period the declaration is in force; and
(e) state how the project meets the criteria in section 137I; and
(f) state the likely assessment track and timeframes for assessment.
(3) The validity of a declaration is not affected if—
(a) a development application is made under the declaration; and
(b) the development application is determined as being in a different assessment track to the assessment track mentioned in subsection (2) (f).
Note A determination of which assessment track applies to a development proposal is made by reference to the circumstances when the application is made (see s 114 (2)).
137B Draft declaration included in draft special precinct variation
Sections 137C to 137G do not apply to a draft significant project declaration if the draft declaration forms part of the draft special precinct variation for division 5.3A.1 (Special precinct areas—consultation requirements).
137C Consultation on draft declaration
(1) The planning and land authority must give written notice inviting comment on a draft significant project declaration under section 137A to each of the following:
(a) the national capital authority;
(b) an entity prescribed by regulation.
(2) The planning and land authority must also consult with the public in accordance with section 137D.
137D Public consultation—notification
(1) Before giving a draft significant project declaration to the Minister under section 137G, the planning and land authority must prepare a notice (a consultation notice)—
(a) stating that copies of the draft declaration are available for public inspection and purchase during a stated period of not less than 30 working days (the consultation period) at stated places; and
(b) inviting people to give written comments (consultation comments) about the draft declaration to the authority at a stated address during the consultation period; and
(c) stating that copies of consultation comments, or comments received from the national capital authority, will be made available for public inspection for a period of at least 15 working days starting 10 working days after the day the consultation period ends, at stated places.
(2) The planning and land authority may (by an extension notice) extend or further extend the consultation period.
Note The planning and land authority may extend the consultation period after the end of the period being extended (see Legislation Act
, s 151C (3)).
(3) The following are notifiable instruments:
(a) the consultation notice;
(b) any extension notice.
Note A notifiable instrument must be notified under the Legislation Act
.
(4) If a notifiable instrument under subsection (3) does not state when the instrument expires, the instrument expires 6 months after the day it is notified.
(5) The planning and land authority must also publish the consultation notice and any extension notice in a daily newspaper and on the authority website.
Note Authority website—see the dictionary.
137E Public consultation—availability of draft declaration
The planning and land authority must make copies of the draft significant project declaration mentioned in a consultation notice available for public inspection and purchase during office hours during the consultation period and at the places stated in the consultation notice.
137F Public inspection of comments on draft declaration
The planning and land authority must make copies of any consultation comments made on a draft significant project declaration available for public inspection during office hours during the period, and at the places, mentioned in the consultation notice for the draft declaration.
Note This section is subject to s 411 and s 412.
137G Draft declaration to be given to Minister
(1) This section applies to a draft significant project declaration if the consultation process for the draft declaration has ended.
(2) The planning and land authority must give the draft significant project declaration to the Minister, together with a written report setting out—
(a) details of the public consultation; and
(b) the issues raised in any consultation about the draft declaration.
(3) The Minister must—
(a) give the draft significant project declaration and report to the Executive along with any comments by the Minister; or
(b) return the draft significant project declaration to the planning and land authority and direct the authority to withdraw the draft significant project declaration.
(4) If the Minister directs the withdrawal of a draft significant project declaration by the planning and land authority under subsection (3) (b), the authority must prepare a notice stating that the draft significant project declaration is withdrawn.
(5) The following are notifiable instruments:
(a) a direction under subsection (3) (b);
(b) a notice under subsection (4).
Note A notifiable instrument must be notified under the Legislation Act
.
(6) If a notifiable instrument under subsection (5) does not state when the instrument expires, the instrument expires 6 months after the day it is notified.
(7) The planning and land authority must also publish the notice under subsection (4) in a daily newspaper.
137H Declaration of projects of major significance
(1) The Executive may declare that a development proposal is a project of major significance (a significant project declaration).
Note A significant project declaration is a disallowable instrument (see s 137J).
(2) A significant project declaration must—
(a) state the development proposal that is the subject of the declaration; and
(b) identify the land on which the development proposal is located; and
(c) state the period the declaration is in force; and
(d) state how, in the Executive’s opinion, the project meets the criteria in section 137I; and
(e) indicate the likely assessment track and timeframes for assessment.
(3) The validity of a declaration is not affected if—
(a) a development application is made under the declaration; and
(b) the development application is determined as being in a different assessment track to the assessment track mentioned in subsection (2) (e).
Note A determination of which assessment track applies to a development proposal is made by reference to the circumstances when the application is made (see s 114 (2)).
137I Criteria for declaration of project of major significance
The Executive may only declare a development proposal a project of major significance under section 137H if the Executive considers the development proposal—
(a) would achieve a substantial public benefit; and
(b) is of major economic, social, cultural or environmental significance to the Territory.
137J Significant project declaration—disallowance and date of effect
(1) A significant project declaration is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act
.
(2) Subject to any disallowance under the Legislation Act
, chapter 7, the declaration commences—
(a) if the declaration is required to be attached to a special precinct variation under section 85G (2) (g)—on the same day as the special precinct variation to which the declaration relates commences; or
(b) in any other case—
(i) if there is a motion to disallow the declaration and the motion is negatived by the Legislative Assembly—the day after the day the disallowance motion is negatived; or
(ii) on the day after the 6th sitting day after the day the declaration is presented to the Legislative Assembly under that chapter; or
(iii) if the declaration provides for a later date or time of commencement—on the later date or time.
137K Period of effect of declaration
(1) A significant project declaration under section 137H expires on the earlier of—
(a) the day that the declaration is expressed to cease to be in force; or
(b) the day that the development approval in relation to the development proposal takes effect.
(2) The Executive may amend the declaration to extend the period the declaration is in force.
(3) An extension of the period is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act
.
(4) Subject to any disallowance under the Legislation Act
, chapter 7, the extension commences—
(a) if there is a motion to disallow the extension and the motion is negatived by the Legislative Assembly—the day after the day the disallowance motion is negatived; or
(b) on the day after the 6th sitting day after the day the extension is presented to the Legislative Assembly under that chapter.
(5) The planning and land authority must notify an extension of the period by publishing a notice of the extension in a daily newspaper and on the authority website.
Note Authority website—see the dictionary.
137L Revocation of declaration
(1) The Executive may revoke a significant project declaration.
(2) The revocation must not take effect less than 30 working days after the day the revocation is made by the Executive.
(3) A revocation is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
(4) The planning and land authority must notify the revocation by publishing a notice of the revocation in a daily newspaper and on the authority website.
Note Authority website—see the dictionary.
137M Projects of major significance—time limit on bringing court proceedings
A person may not start a proceeding in a court—
(a) in relation to a significant project declaration—more than 60 days after the declaration is made; and
(b) in relation to a development application made in relation to a project of major significance while the significant project declaration for the project is in force—more than 60 days after the day the development application is approved.
24 Form of development
applications
Section 139 (2) (f) (ii)
after
completed EIS
insert
or draft EIS
insert
Division 7.3.2A Applications in anticipation of plan variations
147A Application may be made in anticipation of draft plan variations
(1) This section applies if the planning and land authority has prepared and published a consultation notice about a draft plan variation under section 63.
(2) An applicant may lodge an application for development approval as if the draft plan variation in subsection (1) were in force.
(3) An application for development approval lodged under subsection (2) must—
(a) identify the draft plan variation; and
(b) state that it is lodged on the assumption that the draft plan variation was in force.
147B Applications under s 147A—procedure
(1) This section applies to an application for development approval to which section 147A applies.
(2) Despite section 50 (Effect of territory plan
)—
(a) chapter 7, chapter 8 and chapter 9 apply to the application as if the draft plan variation mentioned in section 147A (1) (the draft plan variation) were in force; and
(b) the planning and land authority must process and assess the application as if the draft plan variation were in force; and
(c) the planning and land authority must, in publicly notifying the development application under division 7.3.4 (Public notification of development applications and representations)—
(i) identify the draft plan variation; and
(ii) state that the application is lodged in accordance with the draft plan variation.
(3) However, a decision-maker under section 162 may only make a decision about a development approval if the draft plan variation referred to in section 147A (3) (a) has commenced under section 83 or section 84.
in division 7.3.6, insert
161A Meaning of decision-maker—div 7.3.6
In this division:
decision-maker means—
(a) for a development application for a development proposal that has been declared by the Executive to be a project of major significance under section 137H (Declaration of projects of major significance)—the Minister; or
(b) for a development application that the Minister decides to consider under division 7.3.5 (Ministerial call-in power for development applications)—the Minister; or
(c) for any other development application—the planning and land authority.
27 Deciding development
applications
Section 162 (1)
omit everything before
must—
substitute
(1) The decision-maker
omit
planning and land authority or Minister
substitute
decision-maker
29 Power to approve etc development
applications deemed refused
Section 163 (1) (c)
substitute
(c) the decision-maker has not decided the application under section 162.
omit
planning and land authority or, if the Minister has decided to consider the application under division 7.3.5, the Minister,
substitute
decision-maker
omit
neither the planning and land authority nor the Minister has decided an application under section 162, the authority
substitute
the decision-maker has not decided an application under section 162, the decision-maker
32 Conditional
approvals
Section 165 (1)
omit
planning and land authority, or the Minister,
substitute
decision-maker
33 Lease to be varied to give effect to
development approval
Section 165A (1) (a)
omit
planning and land authority or the Minister
substitute
decision-maker
34 Notice of decision on referred
development application
Section 172 (1) (c)
omit
authority
substitute
decision-maker
omit
planning and land authority
substitute
decision-maker
omit
authority
substitute
decision-maker
omit
planning and land authority
substitute
decision-maker
omit
planning and land authority or Minister
substitute
decision-maker
39 When development approval takes
effect—reconsideration and review right
Section 183 (1)
(a)
omit
or Minister
40 When is a completed EIS
required?
Section 210, notes 1 and 2
substitute
Note 1 A development application in the impact track must include either a completed EIS or a draft EIS (see s 127). However, development approval must not be given unless there is a completed EIS (see s 128). See div 7.2.4 for requirements for applications in the impact track.
Note 2 The Minister may exempt a development application from the requirement to include an EIS (see s 211).
41 EIS not required if development
application exempted
Section 211
after
EIS
insert
or draft EIS
42 Preparing draft
EIS
Section 216, new note
insert
Note The proponent may also give the draft EIS to the planning and land authority as part of the development application process (see s 127 and s 139).
insert
217A Notification requirements—draft EIS joint with development application
(1) This section applies if a draft EIS accompanies an application for a development approval under section 127.
(2) The planning and land authority publicly notifies a draft EIS for section 217 if—
(a) the planning and land authority notifies the draft EIS and the development application together in compliance with division 7.3.4; and
(b) the notice states that anyone may make representations on—
(i) the development application; or
(ii) the draft EIS.
44 Meaning of public consultation
period for draft EIS
Section 218, definition of public
consultation period, paragraphs (a) and (b)
substitute
(a) if section 217A applies to the draft EIS—the public notification period under section 157; or
(b) in any other case—
(i) the period, not less than 20 working days, when representations may be made on the draft EIS under section 217 (a) (ii); or
(ii) if the period is extended under section 219 (3)—the period as extended.
45 Representations about draft
EIS
Section 219 (1)
omit
publicly notified under section 217
substitute
that is publicly notified
46 Revising draft EIS
Section
221 (1) (a)
omit
under section 217
insert
221A Time for revising draft EIS accompanying development application
(1) This section applies if the proponent of a development proposal has given the planning and land authority a draft EIS as an accompanying document to an application for a development approval.
(2) The proponent must give the planning and land authority an EIS under section 221 not later than 30 working days after the day the public consultation period for the draft EIS has ended.
(3) The planning and land authority may, on application before the end of the period stated under subsection (2), extend the period within which the proponent must give the authority an EIS under section 221 once only, for a period of up to 60 days.
48 Authority consideration of
EIS
Section 222 (1)
substitute
(1) This section applies—
(a) if section 221A applies—if the proponent of a development application gives the planning and land authority an EIS under section 221 within the time required by section 221A; or
(b) if section 221A does not apply—
(i) if the proponent of a development proposal gives the planning and land authority an EIS under section 221 not later than 18 months after the scoping document for the proposal is given to the proponent under section 214; or
(ii) if—
(A) the proponent of a development proposal gives the authority an EIS under section 221 more than 18 months after the scoping document for the proposal is given to the proponent under section 214; and
(B) the authority is satisfied that there has been no significant change to the circumstances surrounding the development proposal that is not sufficiently addressed in the EIS; or
(c) if the proponent of a development proposal gives the authority an EIS in accordance with a notice under section 224 (2).
49 Chance to address unaddressed
matters
Section 224 (1)
substitute
(1) This section applies in relation to the EIS for a development proposal given to the planning and land authority under section 221 if the authority is not satisfied in relation to a matter mentioned in section 222 (2) (a).
substitute
(4) In this section:
EIS includes an EIS revised under this section only if—
(a) the authority has not, under this section, given the proponent of the development proposal more than one notice about the EIS; and
(b) the draft EIS was not given to the authority under section 127 (2) (b).
51 Rejection of unsatisfactory
EIS
Section 224A (1)
substitute
(1) This section applies if the planning and land authority gives the proponent of a development proposal a notice under section 224 (2).
omit
second
53 Definitions—ch
13
Section 407, definition of reviewable decision, new
paragraph (b) (iii) and (iv)
insert
(iii) a decision under chapter 7, chapter 8 or chapter 9 in relation to a development proposal that has been declared by the Executive to be a project of major significance under section 137H (Declaration of projects of major significance); or
(iv) a decision under chapter 7, chapter 8 or chapter 9 in relation to a development that is located in a special precinct area.
54 Restrictions on public
availability—comments, applications, representations and
proposals
New section 411 (1) (aa)
insert
(aa) a person who makes consultation comments on a draft special precinct variation; or
omit
technical
substitute
special
insert
(ba) a person who makes consultation comments on a draft significant project declaration; or
57 Section 411 (2), definition of relevant document, new paragraph (aa)
insert
(aa) in relation to a person who makes consultation comments on a draft special precinct variation—the consultation comments; or
58 Section 411 (2), definition of relevant document, paragraph (b)
omit
technical
substitute
special
59 Section 411 (2), definition of relevant document, new paragraph (ba)
insert
(ba) in relation to a person who makes consultation comments on a draft significant project declaration—the consultation comments; or
60 Restrictions on public
availability—security
Section 412 (5), definition of relevant
document, new paragraphs (ba) and (bb)
insert
(ba) a draft special precinct variation;
(bb) consultation comments on a draft special precinct variation;
61 Section 412 (5), definition of relevant document, paragraph (c)
omit
technical
substitute
special
62 Section 412 (5), definition of relevant document, new paragraphs (da) and (db)
insert
(da) a draft significant project declaration;
(db) consultation comments on a draft significant project declaration;
insert
Schedule 6 Symonston site
(see s 85J)
64 Dictionary, definition of background papers
omit
part 5.3 (Variations of territory plan other than technical amendments)
substitute
part 5.3 (Variations of territory plan other than special precinct area variations and technical or special amendments)
65 Dictionary, definition of code variation
substitute
code variation, for part 5.4 (Plan variations—technical and special amendments)—see section 88 (a).
66 Dictionary, definitions of consultation comments, consultation notice and consultation period
substitute
consultation comments—
(a) for part 5.3 (Variations of territory plan other than special precinct area variations and technical or special amendments)—see section 63 (1) (b); and
(b) for part 5.3A (Plan variations—special precinct areas)—see section 85C (1) (b); and
(c) for division 7.2.8 (Projects of major significance)—see section 137D (1) (b).
consultation notice—
(a) for part 5.3 (Variations of territory plan other than special precinct area variations and technical or special amendments)—see section 63 (1); and
(b) for part 5.3A (Plan variations—special precinct areas)—see section 85C (1); and
(c) for division 7.2.8 (Projects of major significance)—see section 137D (1).
consultation period—
(a) for part 5.3 (Variations of territory plan other than special precinct area variations and technical or special amendments)—see section 63 (1) (a); and
(b) for part 5.3A (Plan variations—special precinct areas)—see section 85C (1) (a); and
(c) for division 7.2.8 (Projects of major significance)—see section 137D (1) (a).
67 Dictionary, definition of corresponding plan variation
omit
part 5.3 (Variations of territory plan other than technical amendments)
substitute
part 5.3 (Variations of territory plan other than special precinct area variations and technical or special amendments)
68 Dictionary, definition of decision-maker
substitute
decision-maker—
(a) for division 7.3.6 (Deciding development applications)—see section 161A; and
(b) for chapter 13 (Review of decisions)—see section 407.
69 Dictionary, definition of draft EIS
substitute
draft EIS—see section 216 (2) (a).
70 Dictionary, new definitions
insert
draft significant project declaration—see section 137A.
draft special precinct variation—see section 85A.
71 Dictionary, definition of error variation
omit
part 5.4 (Plan variations—technical amendments)
substitute
part 5.4 (Plan variations—technical and special amendments)
72 Dictionary, definition of limited consultation
omit
73 Dictionary, definition of plan variation
omit
part 5.3 (Variations of territory plan other than technical amendments)
substitute
part 5.3 (Variations of territory plan other than special precinct area variations and technical or special amendments)
74 Dictionary, new definition of project of major significance
insert
project of major significance means a development proposal declared to be a project of major significance by the Executive under section 137H.
75 Dictionary, definition of public availability notice
omit
part 5.3 (Variations of territory plan other than technical amendments)
substitute
part 5.3 (Variations of territory plan other than special precinct area variations and technical or special amendments)
76 Dictionary, new definitions
insert
restriction declaration—see section 85N.
significant project declaration—see section 137H.
special amendment—see section 88.
special precinct area means an area declared to be a special precinct area by the Executive under section 85G.
special precinct variation—see section 85G.
77 Dictionary, new definition of technical amendment
insert
technical amendment—see section 87.
78 Dictionary, definition of technical amendments
omit
Schedule 1 Consequential amendments
(see s 3)
Part 1.1 Administrative Decisions (Judicial Review) Act 1989
[1.1] Schedule 1, item 15, column 3
after 2nd dot point, insert
• a decision making, or forming part of the process of making, or leading up to the making of, a special precinct variation
• a decision making, or forming part of the process of making, or leading up to the making of, a significant project declaration
• a decision under chapter 7, chapter 8 or chapter 9 in relation to a project that has been declared by the Executive to be a project of major significance
in part 6, insert
42A Effect of restriction declaration for special precinct area
(1) This section applies if—
(a) a place or object—
(i) has been nominated for provisional registration; or
(ii) has not been nominated for provisional registration but the council is considering whether to provisionally register the place or object under section 32 (2); or
(iii) has been provisionally registered by the council under section 33; and
(b) the council has not made a decision in relation to the place or object—
(i) for a place or object in paragraph (a) (i) or (ii)—under section 32; or
(ii) for a place or object in paragraph (a) (iii)—under section 40; and
(c) either—
(i) a proposed restriction declaration applies to the place or object; or
(ii) a restriction declaration is in force in relation to the place or object.
(2) The council must not—
(a) make a decision under this part; or
(b) take steps under this part—
(i) forming part of the process of making a decision under this part; or
(ii) leading up to the process of making a decision under this part.
(3) For this section—
(a) a proposed restriction declaration applies to a place or object if—
(i) the planning and land authority has notified a draft special precinct
variation under the
, section 85C; and
(ii) the draft special precinct variation includes a proposed restriction declaration in relation to development in the special precinct area; and
(iii) the draft special precinct variation has not been withdrawn; and
(iv) a restriction declaration has not been made in relation to development in the special precinct area; and
(b) a restriction declaration is in force if the Executive has made a restriction declaration under the Planning and Development Act 2007
, section 85N and the declaration is in force.
(4) In this section:
restriction declaration—see the Planning and Development Act 2007
, section 85N.
Part 1.3 Planning and Development Regulation 2008
insert
(ia) if the development application is in the impact track and is accompanied by a draft EIS—30 working days; and
insert
Note Under the Act
, s 139, the proponent may apply for development approval of a project in the impact track on the basis of either a completed EIS or a draft EIS.
Part 1.4 Tree Protection Act 2005
insert
52A Effect of restriction declaration for special precinct area
(1) This section applies if—
(a) a tree has been nominated for provisional registration; and
(b) the conservator has not made a decision in relation to the tree; and
(c) either—
(i) a proposed restriction declaration applies to the tree; or
(ii) a restriction declaration is in force in relation to the tree.
(2) The conservator must not—
(a) make a decision under this division; or
(b) take steps under this division—
(i) forming part of the process of making a decision under this division; or
(ii) leading up to the process of making a decision under this division.
(3) For this section—
(a) a proposed restriction declaration applies to a tree if—
(i) the planning and land authority has notified a draft special precinct
variation under the
, section 85C; and
(ii) the draft special precinct variation includes a proposed restriction declaration in relation to development in the special precinct area; and
(iii) the draft special precinct variation has not been withdrawn; and
(iv) a restriction declaration has not been made in relation to development in the special precinct area; and
(b) a restriction declaration is in force if the Executive has made a restriction declaration under the Planning and Development Act 2007
, section 85N and the declaration is in force.
(4) In this section:
restriction declaration—see the Planning and Development Act 2007
, section 85N.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 20 March 2014.
2 Notification
Notified under the
on 2014.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2014