Australian Capital Territory Numbered Acts

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LAND (PLANNING AND ENVIRONMENT) ACT - SECT 5

5. In this Part, unless the contrary intention appears—“background papers”, in relation to a draft Plan variation or a Plan variation means—

        (a)     an explanatory statement;

        (b)     a copy of—

              (i)     any relevant direction of the Executive;

              (ii)     any relevant direction of the Minister under paragraph 93 (1) (b);

              (iii)     any submission of the Conservator referred to in section 16, including any preliminary draft Plan of Management (prepared under Subdivision D of Division 5 of Part V) accompanying such a submission;

              (iv)     any interim Heritage Places Register referred to in section 17 ;

              (v)     any relevant environmental report;

              (vi)     the report of any relevant Inquiry; and

              (vii)     the report of any other inquiry relating to the variation;

        (c)     if the draft Plan is inconsistent with—

              (i)     a direction referred to in subparagraph (b) (i) or (ii);

              (ii)     a submission referred to in subparagraph (b) (iii);

              (iii)     any interim Heritage Places Register referred to in section 17; or

              (iv)     a recommendation included in a report referred to in subparagraph (b) (v), (vi) and (vii);

a statement by the Authority of the reasons for that inconsistency;

        (d)     in the case of a draft Plan variation of the kind referred to in subsection 17 (3)—a copy of any written response of the Heritage Council submitted in accordance with subsection 17 (4), together with a statement by the Authority commenting on that response; and

        (e)     any other documents—

              (i)     considered by the Authority to be necessary or useful in explaining the draft Plan variation; and

              (ii)     designated by the Authority in writing as background papers;

“Chief Planner” means the Chief Planner for the Australian Capital Territory appointed under section 43;
“Commonwealth Planning Act” means the Australian Capital Territory (Planning and Land Management) Act 1988 of the Commonwealth;
“development”, in relation to land, means—

        (a)     the erection, alteration or demolition of a building on that land;

        (b)     the carrying on of work on that land;

        (c)     the use or change of use of that land;

        (d)     the use or change of use of a building or works on that land;

        (e)     the subdivision or consolidation of that land; or

        (f)     the display of signs or advertising material on that land;

“draft Plan variation” means a draft Plan variation notified under section 19, as revised under paragraph 22 (1) (a) and section 27 ;
“environmental report” means—

        (a)     a preliminary assessment under Division 2 of Part IV;

        (b)     a report under section 128; or

        (c)     an Assessment;

“land” includes water;
“National Authority” means the National Capital Planning Authority established by section 5 of the Commonwealth Planning Act ;
“National Capital Plan” means the plan approved under section 19 of the Commonwealth Planning Act, being that plan as amended and in effect from time to time;
“variation”, in relation to the Plan, includes the revocation of the Plan and its substitution with a new Plan.

Stages and parts of the Plan



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