LAND (PLANNING AND ENVIRONMENT)  (No 87 of 1999)

- TABLE OF PROVISIONS

1. Name of Act   
2. Commencement   
3. Determination of applications  
4. Insertion  

LAND (PLANNING AND ENVIRONMENT)
- LONG TITLE
An Act to amend the Land (Planning and
Environment) Act 1991

LAND (PLANNING AND ENVIRONMENT)
- SECT 1
Name of Act 
     This Act is the Land (Planning and Environment) Amendment Act (No 3)
1999.

LAND (PLANNING AND ENVIRONMENT)
- SECT 2
Commencement 
     This Act commences on the day it is notified in the
Gazette.

LAND (PLANNING AND ENVIRONMENT)
- SECT 3
Determination of applications
     Section 229A of the Land (Planning and Environment) Act 1991 is
amended by omitting subsections (6) and (7) and substituting the following
subsections:
"(6)      If the Minister considers that an application that has been
referred to the Commissioner for determination under subsection (3) or
(4)--
         (a)     raises a major issue of policy; or
         (b)     seeks approval for a development that may have a substantial effect on
the achievement or development of objectives of the Territory Plan; or
         (c)     allows a decision that would give rise to a substantial public
benefit;
the Minister may, at any time before the application is determined by the
Commissioner, by written notice given to the Commissioner, revoke the
reference.
"(7)      If the Minister revokes a reference of an application to the
Commissioner, the Minister must--
         (a)     give to the applicants written notice of the revocation and the
grounds on which the reference has been revoked; and
         (b)     cause to be laid before the Legislative Assembly, within 3 sitting
days after the reference is revoked, a statement containing--
               (i)     a description of the development to which the application relates;
and
               (ii)     particulars of the land on which the development would take place;
and
               (iii)     the names of the applicants; and
               (iv)     particulars of the ground on which the reference was revoked;
and
         (c)     cause a copy of the notice of revocation given to the Commissioner to
be published in the Gazette within 21 days after the notice is given;
and
        (d)     determine the application.".

LAND (PLANNING AND ENVIRONMENT)
- SECT 4
Insertion
     After section 279 of the Land (Planning and Environment) Act 1991
the following section is inserted in Subdivision A of Division 5 of Part
6:
"279A Challenge to the validity of certain decisions
"(1)     The validity of a decision made by the Minister on an
application to which subsection 229A (7) applies may not be questioned in any
legal proceedings except those commenced within 28 days after the date of the
decision.
"(2)     In this section--
"legal proceedings" does not include an application to
the administrative appeals tribunal.".
     
1     Republished as in force on 28 February 1999.  See also Acts 1999 Nos 40
and 73.

 [Presentation speech made in Assembly on 13
October1999]

(c)  Australian Capital Territory
2003

LAND (PLANNING AND ENVIRONMENT)
- NOTES

AUSTRALIAN CAPITAL TERRITORY

Amendment Act (No 3)
1999
No. 87 of 1999
    

[Notified in ACT Gazette S65: 23 December
1999]