Australian Capital Territory Numbered Acts

LAND (PLANNING AND ENVIRONMENT) ACT - SECT 239

Subdivision D—Approvals

Circumstances in which Executive approves applications, other than lease variations, subdivisions, consolidations

240. (1) This section applies to an application to conduct a controlled activity, other than a controlled activity specified in item 2 or 3 of Schedule 4, made by—

        (a)     the Executive; or

        (b)     a Territory authority.

(2) Where, in respect of an application to which this section applies, a concurring authority has, under subsection 235 (1), notified the Minister that the concurring authority—

        (a)     objects to the approval of the application; or

        (b)     does not object to the approval of the application if it is given subject to conditions specified in the notice under that subsection;

the Executive may—

        (c)     notwithstanding that the concurring authority has advised the Minister that the concurring authority objects to the approval of the application—approve the application; or

        (d)     if the concurring authority has stated that it does not object if the approval is given subject to conditions—approve the application subject to conditions, whether or not all or any of those conditions are inconsistent with the conditions specified by the concurring authority in the notice under subsection 235 (1).

(3) Notwithstanding section 283 or the provisions of any other Act, the power to approve an application under subsection (2) may only be exercised by the Executive.

Circumstances in which Executive approves applications for lease variations, subdivisions, consolidations

241. (1) This section applies to an application to conduct a controlled activity specified in items 2 and 3 of Schedule 4.

(2) Where, in relation to an application to which this section applies—

        (a)     a concurring authority does not object and another concurring authority objects to the approval of the application; or

        (b)     both concurring authorities do not object to the approval of the application subject to conditions, but those conditions are, in the opinion of the Minister, inconsistent;

the Executive may, notwithstanding that a concurring authority has advised the Minister that the concurring authority objects to the approval of the application, does not object to the approval or does not object to the approval subject to conditions—

        (c)     approve or refuse to approve the application; or

        (d)     approve the application subject to conditions, whether or not all or any of the conditions are inconsistent with the conditions specified by the concurring authority in the notice under subsection 235 (1).

(3) Notwithstanding section 283 or the provisions of any other Act, the power to approve or refuse to approve an application under paragraph (2) (c) or (d) may only be exercised by the Executive.

Application approved—notification of decision

242. (1) If the Minister approves an application, the Minister shall give the applicant written notice of his or her decision, and the date on which the decision takes effect.

(2) Where, under section 240 or 241, the Executive—

        (a)     approves or refuses to approve an application; or

        (b)     approves an application subject to conditions;

the Executive shall give the applicant written notice of the decision and the date on which the decision takes effect.

(3) If the Minister approves an application to conduct a controlled activity specified in item 2 or 3 of Schedule 4, the Minister shall give written notice of the decision to the Registrar of Titles.

Notification of decision to approve or refuse to approve application

243. (1) Notwithstanding section 242, if the Minister or the Executive approves an application against which decision a person may make application to the Tribunal under section 276, the Minister or the Executive, as the case requires, shall—

        (a)     if the approval is in relation to an application to which subsection 229 (8) applies—publish notice of the decision in a daily newspaper; and

        (b)     give notice of the decision to—

              (i)     each concurring authority;

              (ii)     each person notified personally under paragraph 229 (1) (a); and

              (iii)     each person who objected under subsection 237 (1).

(2) Paragraph (1) (a) does not apply in relation to an approval if regulations are in force under subsection 229 (8) prescribing circumstances in which the provisions of paragraph 229 (1) (b) need not be complied with in respect of an application to which the approval relates.

(3) A notice under paragraph (1) (b) shall—

        (a)     contain—

              (i)     a description of the place to which the decision relates; and

              (ii)     a brief description of the controlled activity the subject of the decision;

        (b)     set out the decision; and

        (c)     specify—

              (i)     the place and times at which a copy of the application and the decision may be inspected; and

              (ii)     the manner in which application may be made to the Tribunal for a review of the decision.

(4) If the Minister or Executive refuses to approve an application, the Minister or Executive, as the case requires, shall give written notice of the decision to—

        (a)     the applicant;

        (b)     each concurring authority;

        (c)     each person notified personally under paragraph 229 (1) (a); and

        (d)     each person who objected under subsection 237 (1).

(5) A notice under subsection (4) shall set out the reasons for the decision.

Notification where more than one objector