2010 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Minister for Planning) Planning and Development (Public Notification) Amendment Bill 2010 Contents Page 1 Name of Act 2 2 Commencement 2 3 Legislation amended 2 4 Public notice to adjoining premises New section 153 (3A) 2 5 Section 153 (4) 3 6 Public notice to registered interest-holders New section 154 (2A) 3 7 Major public notification New section 155 (1A) to (1C) 4 8 Section 155 (2) (a) 5 J2010-121 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 (Public Notification) Amendment Bill 2010 A Bill for An Act to amend the Planning and Development Act 2007 The Legislative Assembly for the Australian Capital Territory enacts as follows: J2010-121 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 (Public Notification) 3 Amendment Act 2010. 4 2 Commencement 5 This Act commences on a day fixed by the Minister by written 6 notice. 7 Note 1 The naming and commencement provisions automatically commence on 8 the notification day (see Legislation Act, s 75 (1)). 9 Note 2 A single day or time may be fixed, or different days or times may be 10 fixed, for the commencement of different provisions (see Legislation 11 Act, s 77 (1)). 12 Note 3 If a provision has not commenced within 6 months beginning on the 13 notification day, it automatically commences on the first day after that 14 period (see Legislation Act, s 79). 15 3 Legislation amended 16 This Act amends the Planning and Development Act 2007. 17 4 Public notice to adjoining premises 18 New section 153 (3A) 19 insert 20 (3A) The planning and land authority must give a new written notice 21 under subsection (2) or (3) if, before the public consultation period 22 ends, the authority-- 23 (a) becomes aware that the original notice is defective because its 24 contents are incorrect, incomplete or include misleading 25 information; and page 2 Planning and Development (Public Notification) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 (b) is satisfied that the defect is likely to-- 2 (i) unfavourably affect a person's awareness of the timing, 3 location or nature of the development proposal in the 4 application; or 5 (ii) deny or restrict the opportunity of a person to make 6 representations about the application under section 156. 7 5 Section 153 (4) 8 omit 9 subsection (2) or (3) 10 substitute 11 subsection (2), (3) or (3A) 12 6 Public notice to registered interest-holders 13 New section 154 (2A) 14 insert 15 (2A) The planning and land authority must give a new written notice 16 under subsection (2) if, before the public consultation period ends, 17 the authority-- 18 (a) becomes aware that the original notice is defective because its 19 contents are incorrect, incomplete or include misleading 20 information; and 21 (b) is satisfied that the defect is likely to-- 22 (i) unfavourably affect a person's awareness of the nature of 23 the lease variation; or 24 (ii) deny or restrict the opportunity of a person to make 25 representations about the application under section 156. Planning and Development (Public Notification) page 3 Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 7 Major public notification 2 New section 155 (1A) to (1C) 3 insert 4 (1A) The planning and land authority must display a new sign under 5 subsection (1) (a) if, before the public consultation period ends-- 6 (a) the authority-- 7 (i) becomes aware that the original sign is defective because 8 its contents are incorrect, incomplete or include 9 misleading information; and 10 (ii) is satisfied that the defect is likely to-- 11 (A) unfavourably affect a person's awareness of the 12 timing, location or nature of the development 13 proposal in the application; or 14 (B) deny or restrict the opportunity of a person to make 15 representations about the application under 16 section 156; or 17 (b) the authority becomes aware that a sign was not displayed. 18 (1B) Subsection (1A) does not apply if a sign is displayed, but is 19 subsequently moved, altered, damaged, defaced, covered or had 20 access to it prevented. 21 (1C) The planning and land authority must publish a new notice under 22 subsection (1) (b) if, before the public consultation period ends-- 23 (a) the planning and land authority-- 24 (i) becomes aware that the original notice is defective 25 because its contents are incorrect, incomplete or include 26 misleading information; and page 4 Planning and Development (Public Notification) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 (ii) is satisfied that the defect is likely to-- 2 (A) unfavourably affect a person's awareness of the 3 timing, location or nature of the development 4 proposal in the application; or 5 (B) deny or restrict the opportunity of a person to make 6 representations about the application under 7 section 156; or 8 (b) the authority becomes aware that a notice was not published. 9 8 Section 155 (2) (a) 10 after 11 subsection (1) (a) 12 insert 13 or (1A) Planning and Development (Public Notification) page 5 Amendment Bill 2010 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 2010. 2 Notification Notified under the Legislation Act on 2010. 3 Republications of amended laws For the latest republication of amended laws, see www.legislation.act.gov.au. © Australian Capital Territory 2010 page 6 Planning and Development (Public Notification) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au