LAND (PLANNING AND ENVIRONMENT) ACT (NO 100 OF 1991)

Australian Capital Territory Numbered Acts

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LAND (PLANNING AND ENVIRONMENT) ACT (NO 100 OF 1991)

TABLE OF PROVISIONS

Long Title

1. PART I—PRELIMINARY Short title
2. Commencement
3. Crown
4. Interpretation
5. Division 1—Preliminary Interpretation
6. Stages and parts of the Plan
7. Object
8. Effect of Plan
9. Effect of draft Plan variations
10. Effect of interim Heritage Places Register
11. Draft Heritage Places Register and variations—lack of effect
12. Plan not to have retrospective effect
13. Continuation of Plan
14. Application
15. Preparation of variations
16. Conservator's recommendations
17. Heritage
18. Environmental reports and Inquiries
19. Public consultation
20. Consultation with the National Capital Planning Authority
21. Public inspection of comments
22. Revision, deferral or withdrawal of draft Plan variation
23. Application
24. Submission of draft Plan variation to Executive
25. Consideration by a Legislative Assembly Committee
26. Executive powers
27. Return of draft Plan variation to the Authority
28. Notice of revival of deferred draft Plan variation
29. Consideration of Plan variation by Legislative Assembly
30. Commencement
31. Interpretation
32. Plan variations in relation to defined land
33. Establishment
34. Constitution
35. Agent of the Crown
36. Functions
37. Executive policy directions
38. Powers
39. Annual report
40. Delegation
41. Staff
42. Effect of irregularity of appointment of Chief Planner
43. Subdivision B—Chief Planner Chief Planner
44. Acting Chief Planner
45. Remuneration and allowances
46. Leave of absence
47. Disclosure of interests
48. Other employment, remuneration, business etc.
49. Resignation
50. Termination of appointment
51. Division 5—Miscellaneous Challenge to validity of provisions of Plan
52. Division 1—Preliminary Interpretation
53. Interim Registers—interpretation
54. Content of Heritage Places Register
55. Effect of interim Registers
56. Criteria for preparation
57. Ministerial directions and declarations under Division 5
58. Public consultation
59. Application for inclusion of places in an interim Register
60. Public notification
61. Notification of lessees and occupiers
62. Revision of interim Registers
63. Submission of interim Register to the Authority
64. Acquisition
65. Notice of acquisition
66. Interpretation
67. Reports
68. Aboriginal heritage discoveries—consideration of reports
69. Aboriginal heritage discoveries—Ministerial directions and declarations
70. Damaging unregistered Aboriginal places
71. Orders for the protection of unregistered Aboriginal places— application of Part VI
72. Orders—reports by Heritage Council
73. Orders—Ministerial directions and declarations
74. Interpretation
75. Application
76. Right to compensation
77. Loss for which compensation is recoverable
78. Amount of compensation
79. Consultation with applicants
80. Notice of decisions about compensation
81. Consultation with Aboriginal organisations
82. Restricted information
83. Publication of restricted information by public officials
84. Publication of restricted information generally
85. Access to restricted information
86. Review of decisions
87. Application
88. Searching administrative records
89. Searching the Heritage Registers
90. Interpretation
91. Establishment
92. Functions
93. Ministerial directions
94. Powers
95. Annual reports
96. Delegation to Secretary
97. Constitution
98. Deputy ex-officio members
99. Expert appointments
100. Terms of appointment
101. Chairperson, Deputy Chairperson and Secretary
102. Remuneration and allowances
103. Leave of absence
104. Disclosure of interests
105. Resignation
106. Termination of appointment
107. Acting members
108. Convening meetings
109. Procedure at meetings
110. Quorum
111. Division 1—Preliminary Interpretation
112. Proponents
113. Directions
114. Mandatory preliminary assessments
115. Content
116. Submission to Minister
117. Public inspection
118. Exclusion of material
119. Form
120. Content of public environment reports and environmental impact statements
121. Decisions to direct Assessments
122. Environment Minister's power to direct Assessments
123. Directions
124. Public environment reports—preparation
125. Environmental impact statements—consultation and public inspection
126. Environmental impact statements—consideration of relevant comments and reports
127. Submission of reports and statements to Environment Minister
128. Consultation
129. Further information
130. Further revision
131. Evaluation by Environment Minister
132. Tabling in the Legislative Assembly and public inspection
133. Exclusion of material
134. Exemptions
135. Constitution
136. Combined Inquiries
137. Remuneration
138. Terms of reference
139. Notification
140. Subdivision B—Inquiry reports Inquiry reports
141. Tabling in the Legislative Assembly and public inspection
142. Exclusion of material
143. Interpretation
144. Notice of Inquiry hearings
145. Public hearings
146. General procedure
147. Special hearings—consultation with interested persons
148. Assessments for the purpose of Inquiries
149. Witnesses—summons to appear
150. Victimisation of witnesses
151. Inspection of books and documents
152. Power of entry
153. Search warrants
154. Powers of search and inspection
155. Obstructing or resisting an authorised person
156. Contempt
157. Protection of panel members and witnesses
158. Review of decisions
159. Division 1—Preliminary Interpretation
160. Application
161. Division 2—Leases Granting of leases
162. Fees for granting leases
163. Leases to community organisations
164. Special leases
165. Authority to consider proposed leases
166. Inquiries and Assessments in relation to the granting of leases
167. Eligibility for certain classes of leases
168. Executive not bound to grant lease
169. Payment for leases
170. Failure to accept and execute lease
171. Grant of further lease for residential purposes
172. Grant of further lease for purposes other than residential or rural purposes
173. Lessee's rights in respect of improvements
175. Land to be used for the purpose for which it is leased
176. Variation of rent
177. Review of variations of rent
178. Refund of amount paid for grant of lease
179. Certificates of compliance
180. Transfer of land subject to building and development provision
181. Mortgage of leasehold subject to building and development provision
182. Land leased to be held as undivided parcel
183. Power of lessee to sublet portion of building or land in certain cases
184. Payments in respect of variation of leases
185. Advice of rent payable on variation of a lease
186. Variation of lease to pay out rent
187. Certain leases not to be varied to reduce rent to a nominal rent
188. Division 4—Recovery of land Termination of leases and licences
189. Recovery of land on expiry, surrender or termination of lease or licence
190. Certificate of Minister to be evidence
191. Interpretation
192. Subdivision B—Public land Recommendations to the Authority
193. Reserved areas
194. Management
195. Management objectives
196. Content
197. Preparation
198. Variations
199. Environmental Assessments and Inquiries
200. Public consultation
201. Revision
202. Submission to Minister
203. Consideration of Plan of Management by a Legislative Assembly committee
204. Minister's powers
205. Referral back to the Conservator
206. Notice of revival of deferred draft Plan of Management
207. Notification, tabling, disallowance, date of effect
208. Leases—generally
209. Grant of leases
210. Licences
211. Miner's rights in respect of public land
212. Notice of decisions
213. Review by Tribunal
214. Division 7—Miscellaneous Lessee may surrender lease wholly or in part
215. Reduction of rent and relief from provisions of lease
216. Access to leased land from public roads and carparks
217. Licences in respect of land that is not public land
218. Reservation of minerals
219. Rights to extract minerals
220. Access to lease documents and development agreements
221. False statements
222. Division 1—Preliminary Interpretation
223. Relationship—controlled activities and concurring authorities
224. Interpretation
225. Subdivision B—General Offence—controlled activities
226. Application to conduct controlled activities
227. Register of applications, approvals and orders
228. Restrictions on inspection of applications
229. Notice of application
230. Approvals
231. Matters to be considered
232. Duty of applicants
233. More information
234. Effect of failure to furnish further information
235. Duties of concurring authorities
236. Environmental Assessments and Inquiries
237. Subdivision C—Objections Objections—general
238. Inspection of objections
239. Identity of objectors
240. Subdivision D—Approvals Circumstances in which Executive approves applications, other than lease variations, subdivisions, consolidations
241. Circumstances in which Executive approves applications for lease variations, subdivisions, consolidations
242. Application approved—notification of decision
243. Notification of decision to approve or refuse to approve application
244. Notification where more than one objector
245. Conditional approvals
246. Minister to resolve certain inconsistencies
247. Minor amendments
248. Corrections
249. Approval—when takes effect
250. Execution of certain approvals
251. Expiration of approvals
252. Extension of time
253. Revocation of approval
254. Division 3—Orders Interpretation
255. Offences—orders
256. Application for order
257. Notice of making of order
258. Effect of order in certain circumstances
259. Non-compliance
260. Future owners and occupiers
261. Powers of Supreme Court
262. Things connected with offences
263. Inspectors
264. Identity cards
265. Return of identity cards
266. Subdivision B—Inspection Inspections etc.
267. Consent to entry
268. Display of identity cards
269. Powers of inspection
270. Work carried out at direction of inspector
271. Taking samples
272. Disposal of seized items
273. Search warrants
274. Obstruction of inspectors
275. Review—applicants
276. Review—objectors, third parties
277. Review—orders
278. Notification of objectors
279. Notification of applicants
280. Modification of section 28 of the Administrative Appeals Tribunal Act 1989
281. Failure to comply with certain notification requirements
282. Subdivision B—General Regulations—Part VI
283. PART VII—MISCELLANEOUS Persons authorised to exercise powers of the Executive
284. Power of Administrative Appeals Tribunal and Supreme Court
285. Corporations—penalties
286. Conduct of directors, servants and agents
287. Power of Minister to determine fees
288. Regulations

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