Australian Capital Territory Numbered Acts

LAND (PLANNING AND ENVIRONMENT) ACT - SECT 28

        (a)     cause to be published in the Gazette , and in a daily newspaper, a notice stating—

              (i)     that the draft variation is revived;

              (ii)     the effect of section 9 in relation to the revival of the draft variation; and

              (iii)     the effect of any revision under subsection 22 (4);

        (b)     re-submit the draft variation to the Executive; and

        (c)     advise the Legislative Assembly.

Consideration of Plan variation by Legislative Assembly

29. (1) A Plan variation shall be laid before the Legislative Assembly within 5 sitting days of its approval by the Executive, together with—

        (a)     the background papers;

        (b)     a copy of the summaries and reports referred to in paragraphs 24 (b), (c) and (d);

        (c)     a copy of any direction given under paragraph 26 (1) (b);

        (d)     a copy of any report referred to in subparagraph 26 (1) (b) (ii); and

        (e)     a copy of any report referred to in paragraph 27 (c);

in relation to the variation.

(2) If a Plan variation is not laid before the Legislative Assembly in accordance with subsection (1) it does not come into effect.

(3) The Legislative Assembly may, pursuant to a motion of which notice has been given within 5 sitting days after a Plan variation has been laid before it, by resolution reject the variation or any provision of it.

(4) If, at the expiration of 5 sitting days after notice of a motion to reject a Plan variation or a provision of a Plan variation has been given in the Legislative Assembly (being notice given within 5 sitting days after the variation was laid before the Legislative Assembly)—

        (a)     the notice has not been called on; or

        (b)     the motion has been called on and moved and has not been withdrawn or otherwise disposed of;

the Plan variation or provision specified in the motion shall be deemed to have been rejected by the Legislative Assembly.

(5) If, before the expiration of 5 sitting days after a notice of motion to disallow a Plan variation or a provision of a Plan variation has been given in the Legislative Assembly (being notice given within 5 sitting days after the variation was laid before the Legislative Assembly)—

        (a)     the Legislative Assembly is dissolved or expires; and

        (b)     at the time of dissolution or expiry—

              (i)     the notice has not been withdrawn and the motion has not been called on; or

              (ii)     the motion has been called on and moved and has not been withdrawn or otherwise disposed of;

the Plan variation shall, for the purposes of subsections (3) and (4), be deemed to have been laid before the Legislative Assembly on the first sitting day of the Legislative Assembly after the next general election of members of the Assembly.

(6) If, at the expiration of 5 sitting days after a Plan variation is laid before the Legislative Assembly, the Assembly has not passed a resolution rejecting the variation or any provision of it and is not, pursuant to subsection (4), to be deemed to have rejected the variation or any provision of it, the Minister shall cause to be published in the Gazette a notice—

        (a)     specifying the date of commencement of the variation, or the dates of commencement of the various provisions of the variation, being a date or dates not before the date of publication of the notice; and

        (b)     specifying a place or places where copies of the variation may be inspected or purchased.

(7) If a Plan variation or a provision of a Plan variation is—

        (a)     rejected pursuant to subsection (3); or

        (b)     to be deemed to be rejected pursuant to subsection (4);

the variation or provision does not come into effect.

(8) If the whole of a Plan variation is rejected, the Minister shall cause a notice to be published in the Gazette stating that the variation has been rejected.

(9) If part only of a Plan variation is rejected, or is pursuant to subsection (4) to be deemed to be rejected, the Minister shall, in relation to each remaining provision of the variation—

        (a)     cause to be published in the Gazette a notice specifying—

              (i)     the date of commencement of the provision being a date not before the date of publication of the notice; and

              (ii)     a place or places where copies of the provision may be inspected or purchased; or

        (b)     by notice published in the Gazette withdraw the provision.

(10) The Minister shall make copies of a Plan variation, or any relevant provision of a Plan variation, available for inspection or purchase during office hours at the places and during the period specified in the relevant notice under subsection (6) or paragraph (9) (a).

Commencement