Australian Capital Territory Numbered Acts

INTERIM PLANNING ACT 1990 (NO. 59 OF 1990) - SECT 51

51. (1) This section applies in relation to an area of land where—

        (a)     a part of the Plan affecting that area is in substantially the same terms as an NCDC policy;

        (b)     before the commencement date, the interim authority had—

              (i)     submitted a copy of a draft variation of that NCDC policy to the National Authority; and

              (ii)     published a notice in the Gazette and in the principal daily newspaper published and circulated in the Territory inviting interested persons to make written representations about the draft variation within a period specified in the notice; and

        (c)     the Executive declares, by instrument, that this section is to apply in relation to that area.

(2) Where this section applies in relation to an area of land, the relevant draft variation to the NCDC policy is, for the purposes of Part III in its application in relation to that area—

        (a)     to be taken to be a draft variation to the part of the Plan corresponding to that policy, being a draft variation—

              (i)     notified in accordance with section 13; and

              (ii)     in relation to which the National Authority has been consulted in accordance with section 14; and

        (b)     not to have any effect under section 9.

(3) Where—

        (a)     this section applies to a draft variation to an NCDC policy in relation to an area of land; and

        (b)     before the commencement of this Act, that draft variation was submitted to the Executive for approval;

that draft variation is, in its application in relation to that area, to be taken to be a draft variation to the part of the Plan corresponding to that policy which has been submitted to the Executive in accordance with section 18.

(4) A notice under paragraph (1) (c) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989 .

(5) In this section—