Australian Capital Territory Consolidated Acts

PLANNING AND DEVELOPMENT ACT 2007 - SECT 76

    (1)     This section applies if—

        (a)     the Minister is given a draft plan variation under section 69 or section 78 (3) or (4); or

        (b)     the Minister revokes the approval of a plan variation (see s 77).

    (2)     However, this section does not apply if—

        (a)     a draft plan variation has been referred to an appropriate committee of the Legislative Assembly (other than under section 73); and

        (b)     either—

              (i)     the committee has not reported on the draft plan variation; or

              (ii)     the committee has reported, but the Minister has not considered the report.

    (3)     The Minister must—

        (a)     approve the draft plan variation in the form given; or

Note     A draft plan variation approved by the Minister is a plan variation (see s 58, def plan variation ).

        (b)     return the draft plan 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 plan variation in a stated way;

              (v)     withdraw the draft plan variation.

    (4)     Before taking action under subsection (3), the Minister must consider—

        (a)     any recommendation made by a committee of the Legislative Assembly in relation to the draft variation, or related documents, referred to the committee under section 73 or otherwise; and

        (b)     if the draft plan variation would, if made, vary the statement of strategic directions—whether the variation would promote the planning strategy.

Note—par (a)

The Minister must not take action under this section in some circumstances if the committee has not reported (see s 74 and s 75).

Note—par (b)

The territory plan has no effect to the extent that it is inconsistent with the national capital plan, but is taken to be consistent with the national capital plan to the extent that it can operate concurrently with it (see Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth), s 26).

    (5)     The following are notifiable instruments:

        (a)     a direction under subsection (3) (b);

        (b)     the withdrawal of a draft plan variation by the planning and land authority as directed under subsection (3) (b) (v).

Note     A notifiable instrument must be notified under the Legislation Act.

    (6)     The planning and land authority must also publish the withdrawal of a draft plan variation as directed under subsection (3) (b) (v) in a daily newspaper on the same day, or as soon as practicable after, the withdrawal is notified under the Legislation Act.