Australian Capital Territory Repealed Acts

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This legislation has been repealed.

INTERIM PLANNING ACT 1990 - SECT 4

4. In this Act, unless the contrary intention appears—“Authority” means the Australian Capital Territory Planning Authority established by this Act; “background papers”, in relation to a draft Plan, means—

        (a)     an explanatory statement;

        (b)     a copy of—

              (i)     any relevant direction of the Executive;

              (ii)     any recommendation of the Conservator referred to in section 12;

        (c)     if the draft Plan is inconsistent with—

              (i)     any relevant direction of the Executive; or

              (ii)     a recommendation of the Conservator referred to in section 12;

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

        (d)     any other documents—

              (i)     considered by the Authority to be necessary or useful in explaining the draft Plan; 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 36;
“Commonwealth Planning Act” means the Australian Capital Territory (Planning and Land Management) Act 1988 of the Commonwealth;
“Conservator” means the Conservator of Wildlife appointed under section 7 of the Nature Conservation Act 1980 ;
“development”, in relation to land, includes—

        (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” means a draft Plan notified under section 13, as revised under paragraph 16 (1) (a) or section 20;
“formal error” means—

        (a)     a clerical error;

        (b)     an error arising from an accidental slip or omission; or

        (c)     a defect of form;

“land” includes water, but does not include a Designated Area within the meaning of the Commonwealth Planning Act;
“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;
“Plan” means the plan established under Part III, as varied and in effect from time to time;
“Territory authority” means—

        (a)     a body (whether corporate or not) established by or under an Act, or by the Executive; or

        (b)     the holder of an office established by or under an Act, or by the Executive;

“variation”, in relation to the Plan, includes the revocation of that Plan and its substitution with a new Plan.

Stages and parts of the Plan

5. (1) In this Act, unless the contrary intention appears, a reference to the Plan is to be read as including a reference to a stage or part of the Plan.

(2) In this Act, unless the contrary intention appears, a reference to a draft Plan is to be read as a reference to—

        (a)     a draft stage or part of the Plan; or

        (b)     a provision—

              (i)     of a draft Plan; or

              (ii)     of a draft stage or part of the Plan.

Preparation

6. (1) The Authority shall prepare the Plan and variations to the Plan.

(2) The Authority may prepare the Plan in separate stages or parts.

Object

7. (1) The object of the Plan is to ensure, in a manner not inconsistent with the National Capital Plan, that the planning and development of the Territory provides the people of the Territory with an attractive, safe and efficient environment in which to live, work and have their recreation.

(2) The Plan shall set out the planning principles and policies for giving effect to its object.

(3) For the purpose of giving effect to the object of the Plan and the principles and policies referred to in subsection (2), the Plan may—

        (a)     set out specific objectives and policies;

        (b)     specify purposes for which land may be used;

        (c)     identify land for the purposes of Division 4 of Part III, specifying in addition the principles and policies for its development;

        (d)     provide for such other matters as are relevant to—

              (i)     the exercise; or

              (ii)     the administrative review of the exercise;

of the powers of the Territory, the Executive, a Minister or a Territory authority under a Territory law; and

        (e)     provide for such matters as are otherwise necessary or convenient.

Effect of the Plan


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