Australian Capital Territory Consolidated Acts

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PLANNING AND DEVELOPMENT ACT 2007 - SECT 12

Authority functions

    (1)     The planning and land authority has the following functions:

        (a)     to prepare and administer the territory plan;

        (b)     to continually review the territory plan and propose amendments as necessary;

        (c)     to plan and regulate the development of land;

        (d)     to advise on planning and land policy, including the broad spatial planning framework for the ACT;

        (e)     to maintain the digital cadastral database under the Districts Act 2002 ;

        (f)     to make available land information;

        (g)     to grant, administer, vary and end leases on behalf of the Executive;

Note     Under s 237 the planning and land authority is authorised to grant, on behalf of the Executive, leases the Executive may grant on behalf of the Commonwealth.

        (h)     to grant licences over unleased territory land;

              (i)     to decide applications for approval to undertake development;

        (j)     to regulate the building industry;

        (k)     to make controlled activity orders under part 11.3 (Controlled activity orders) and take other compliance and enforcement action under this Act and other territory laws;

        (l)     to provide planning services, including services to entities outside the ACT;

Note     The planning and land authority may only provide planning services to somebody other than the Territory with the Minister's approval (see s 17).

        (m)     to review its own decisions;

        (n)     to provide opportunities for community consultation about, and participation in, planning decisions;

        (o)     to promote public education and understanding of the planning process, including by providing easily accessible public information and documentation on planning and land use.

    (2)     The planning and land authority may exercise any other function given to the authority under this Act, another territory law or a Commonwealth law.

Note     A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity ).

    (3)     The planning and land authority must exercise its functions—

        (a)     in a way that, as far as practicable, gives effect to sustainable development; and

        (b)     taking into consideration the statement of planning intent.

Note 1     For the meaning of sustainable development , see s 9. The statement of planning intent is dealt with in s 16.

Note 2     The planning and land authority must not do anything inconsistent with the territory plan (see s 50) or the national capital plan (see Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth), s 11).



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