Australian Capital Territory Numbered Acts

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LAND (PLANNING AND ENVIRONMENT) ACT - SECT 25

25. The Executive shall, within 28 days of receiving a draft Plan variation under section 24, refer—

        (a)     the draft Plan variation; and

        (b)     the documents referred to in subsection 24 (1) that relate to the draft Plan variation;

to an appropriate committee of the Legislative Assembly together with a request that the committee report on the draft Plan to the Legislative Assembly.

Executive powers

26. (1) On receipt of a draft Plan variation submitted or re-submitted for approval, the Executive shall—

        (a)     approve the draft variation in the form in which it is submitted or re-submitted; or

        (b)     return the draft variation to the Authority together with any or all of the following written directions:

              (i)     to conduct further specified consultation;

              (ii)     to consider any relevant environmental report, the report of any relevant Inquiry, or any other relevant report;

              (iii)     to consider any revision suggested by the Executive;

              (iv)     to revise the draft variation in a specified manner;

              (v)     to defer, by notice published in the Gazette , the re-submission of the draft variation to the Executive until a specified date or the occurrence of a specified event;

              (vi)     to withdraw the draft variation by notice published in the Gazette .

(2) Before exercising its powers under paragraph (1) (a) the Executive shall have regard to any recommendations of a committee of the Legislative Assembly in relation to the draft Plan variation, background papers and reports submitted to the Executive and the committee under sections 24 and 25.

(3) A notice under subparagraph (1) (b) (v) or (vi) shall state the effect of section 9 in relation to the deferral or withdrawal of the draft Plan variation.

(4) The Executive may revoke its approval of a Plan variation at any time before the variation is laid before the Legislative Assembly.

(5) Where the Executive revokes its approval of a Plan variation it shall cause to be published in the Gazette a notice stating—

        (a)     that the approval of the variation has been revoked; and

        (b)     the effect of section 9 in relation to the revocation of the approval.

Return of draft Plan variation to the Authority



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