Australian Capital Territory Numbered Acts

LAND (PLANNING AND ENVIRONMENT) ACT - SECT 288

        (a)     matters required or permitted by this Act to be prescribed;

        (b)     matters necessary or convenient to be prescribed for carrying out or giving effect to this Act; or

        (c)     penalties, for offences against the regulations, not exceeding—

              (i)     if the offender is a natural person—a fine of $1,000; or

              (ii)     if the offender is a body corporate—a fine of $5,000.

    SCHEDULE 1     Section 195
MANAGEMENT OBJECTIVES FOR PUBLIC LAND

Reserve	Management objectives
Wilderness area	1.     To conserve the natural environment in a manner ensuring that disturbance to that environment is minimal.
	2.     To provide for the use of the area (other than by vehicles or other mechanised equipment) for recreation by limited numbers of people, so as to ensure that opportunities for solitude are provided.
National park	1.     To conserve the natural environment.
	2.     To provide for public use of the area for recreation, education and research.
Nature reserve	1.     To conserve the natural environment.
	2.     To provide for public use of the area for recreation, education and research.
Special purpose reserve	1.     To provide for public and community use of the area for recreation and education.
Cemetery or burial ground	1.     To provide for the burial of the dead and the storage of the ashes of the dead.
	2.     To conserve the natural environment.
Sport and recreation reserve	1.     To provide for public and community use of the area for sport and recreation.
Urban open space	1.     To provide for public and community use of the area.
	2.     To develop the area for public and community use.
Lake	1.     To prevent and control floods by providing a reservoir to receive flows from rivers, creeks and urban run-offs.
	2.     To prevent and control pollution of waterways.
	3.     To provide for public use of the lake for recreation.
	4.     To provide a habitat for fauna and flora.

    SCHEDULE 2     Section 56
CRITERIA FOR THE ASSESSMENT OF THE HERITAGE SIGNIFICANCE OF PLACES

1. Under section 56 of the Land (Planning and Environment) Act 1991 the criteria for the assessment of the heritage significance of places are:

              (i)     a place which demonstrates a high degree of technical and/or creative achievement, by showing qualities of innovation or departure or representing a new achievement of its time;

              (ii)     a place which exhibits outstanding design or aesthetic qualities valued by the community or a cultural group;

              (iii)     a place which demonstrates a distinctive way of life, taste, tradition, religion, land use, custom, process, design or function which is no longer practised, is in danger or being lost, or is of exceptional interest;

              (iv)     a place which is highly valued by the community or a cultural group for reasons of strong or special religious, spiritual, cultural, educational or social associations;

              (v)     a place which is the only know or only comparatively intact example of its type;

              (vi)     a place which is a notable example of a class of natural or cultural places or landscapes and which demonstrates the principal characteristics of that class;

              (vii)     a place which has strong or special associations with person, group, event, development or cultural phase which played a significant part in local or national history;

              (viii)     a place which represents the evolution of a natural landscape, including significant geological features, landforms, biota or natural processes;

              (ix)     a place which is a significant habitat or locality for the life cycle of native species; for rare, endangered or uncommon species; for species at the limits of their natural range; or for district occurrences of species;

              (x)     a place which exhibits unusual richness, diversity or significant transitions of flora, fauna or natural landscapes and their elements; or

              (xi)     a place which demonstrates a likelihood of providing information which will contribute significantly to a wider understanding of natural or cultural history, by virtue of its use as a research site, teaching site, type locality or benchmark site.

    SCHEDULE 3     Section 115
CONTENT OF PRELIMINARY ASSESSMENTS

1.     The following format is to be used for a preliminary assessment required under section 115.

1.     GENERAL INFORMATION

1.1     Name and Address of Proponent. This is to include the details of any ACT government authority or agency.

1.2     Details of the Contact. This is to include the contact officer within any ACT government authority or agency.

1.3     Status of the Project. Advise the current position on the planning of the project, studies commenced or planned and the proposed targets for planning, development or construction.

1.4     Location of the Project.

        (a)     project site description sufficient for precise location on a map or a map included to show the exact site location.

        (b)     information on possible future extensions.

1.5     Description of the Project.

        (a)     the type and form of the project including supporting developments including those not the responsibility of the proponent;

        (b)     the purpose and need for the project, intended utilisation and operation of the facilities;

        (c)     the relationship of the project with surrounding development, to connected facilities and services or to other proposed projects.

2.     EXISTING ENVIRONMENTAL CONDITIONS

2.1     Description of Project Site. A brief description of the overall appearance and current land use with mention made of any special features including the built and natural heritage factors, if any of the site.

2.2     Description of Region Surrounding the Project Site. Significant differences between the site and surrounding areas should be noted—eg. variation in population density, watershed, proximity to watercourses and water bodies.

2.3     Current Land Use Policy and Lease Conditions of the Site.

3.     POTENTIAL IMPACT OF THE PROJECT ON THE ENVIRONMENT.

3.1     On the Physical Environment.

3.2     On the Human Environment.

3.3     On the Non-human Biological Environment

3.4     Potentially Beneficial Impacts.

4.     SUMMARY AND CONCLUSIONS

4.1     A summary of the potential benefits and disadvantages of the project. Can the benefits to the community be said to offset any unavoidable permanent or temporary adverse effects?

    SCHEDULE 4     Sections 4, 222, 223,

    225, 230, 235, 240, 241,
    247, 250-252 and 254

CONTROLLED ACTIVITIES: CONCURRING AUTHORITIES:
PENALTIES

Column 1 Item	Column 2 Controlled activity	Column 3 Concurring authority	Column 4 Penalty
1	Work affecting the requirements for the conservation of the heritage significance of places included in the Heritage Places Register or an interim Heritage Places Register	The Planning Authority and the Conservator	$20,000
2	The execution of a variation of a lease of Territory Land	The Minister and the Planning Authority	$1,000
3	The execution of a new lease for the purpose of effecting the subdivision or consolidation of Territory Land	The Minister and the Planning Authority	$1,000
4	Subject to the Plan, the use of residential land for carrying on a profession, trade, occupation or calling on the land	The Minister and the Planning Authority	$5,000
5	An activity specified pursuant to paragraph 7 (3) (c) to be a controlled activity for the purposes of this Act	The authority specified in the Plan whose permission is required	$5,000
6	Encroachment onto, over or under public land within the meaning of Part V, or a public road within the meaning of that Part	The Minister, the Planning Authority and the Conservator	$5,000
7	Mining	The Minister and the Planning Authority	$5,000
8	Public works	The Minister and the Planning Authority, and, in respect of public land, the Conservator	$25,000

    SCHEDULE 5     Sections 4, 224 and 255

ACTIVITIES SUBJECT TO ORDERS

Column 1 Item	Column 2 Activities	Column 3 Penalty
1	Work affecting the requirements for the conservation of the heritage significance of places included in the Heritage Places Register or an interim Heritage Places Register conducted otherwise than in accordance with an approval	$20,000
2	Using residential land for the carrying on of a profession, trade, occupation or calling otherwise than in accordance with an approval, or the Plan	$5,000
3	Using land otherwise than in accordance with—         (a)     the lease; or         (b)     if the lease is granted subject to the lessee entering into a development agreement and the lessee has entered into that agreement—the development agreement	$5,000
4	Failure to keep a leasehold clean	$5,000
5	Activities specified pursuant to paragraph 7 (3) (c) conducted otherwise than in accordance with an approval	$5,000
6	Encroachment onto, over or under public land otherwise than in accordance with an approval	$5,000
7	Mining otherwise than in accordance with an approval	$20,000
8	Public work otherwise than in accordance with an approval	$5,000
9	Permitting a tree, sapling, plant or shrub to overhang a public place so as to obstruct or inconvenience a person in that place	$500

[Presentation speech made in Assembly on 19 September 1991]

© Australian Capital Territory 2003