Australian Capital Territory Numbered Acts

LAND (PLANNING AND ENVIRONMENT) (NO. 85 OF 1996) - SECT 55

55. Section 226 of the Principal Act is amended—

        (a)     by omitting from subsection (1) “conduct a controlled activity” and substituting “undertake a development”;

    (b)     by omitting from paragraph (1) (b) “controlled activity” and substituting “development”;

    (c)     by omitting subsection (2) and substituting the following subsections:

“(2) Where an application is made by a person who is not the lessee of the place to which the application relates, the application shall, in addition to being executed by the person by whom it is made, be executed by—

        (a)     if the place to which the application relates is subject to a lease—the lessee of the place; or

        (b)     in any other case—the Minister.

“(2A) A lessee or the Minister may, by writing, appoint a person to act on his or her behalf in relation to an application.

“(2B) A person who executes an application under paragraph (2) (a) shall be taken to be an applicant in relation to the application.”;

    (d)     by omitting from subsection (3) “, before giving notice under section 229”; and

    (e)     by omitting subsection (4) and substituting the following subsections:

“(4) Where the Minister makes an alteration or a correction under subsection (3), he or she shall—

        (a)     advise the applicant, or if there is more than 1, each applicant, that the alteration or correction has been made; and

        (b)     if notice has been given under section 229 of the making of the application, give notice in accordance with that section of the application as so altered or corrected.

“(5) An application may be made under this section in respect of a development that has been undertaken without approval.”.