Australian Capital Territory Numbered Acts

LAND (PLANNING AND ENVIRONMENT) (NO. 85 OF 1996) - SECT 57

57. Section 229 of the Principal Act is amended—

        (a)     by omitting from subparagraph (1) (a) (i) “each” and substituting “the”;

    (b)     by adding at the end of paragraph (1) (a) “and”;

    (c)     by omitting from the end of paragraph (1) (b) “and”;

    (d)     by omitting paragraph (1) (c);

    (e)     by omitting subsection (2) and substituting the following subsection:

“(2) Paragraph (1) (a) does not apply if, in the opinion of the Minister, the number of places adjoining the place to which the application relates is such that it would be impractical to give notice by post to the lessee of each place.”;

    (f)     by omitting from subsection (3) “is to conduct a controlled activity specified in item 2 or 3 of Schedule 4” and substituting “relates to a development that is or includes a variation of a lease”;

    (g)     by omitting from subsection (3) “place to which the application relates” and substituting “land subject to the lease to be varied”;

    (h)     by omitting from paragraph (4) (a) all the words after “application” and substituting “that relates to a place specified in the Heritage Places Register, or an Interim Heritage Places Register, as a heritage place;”;

    (i)     by inserting after paragraph (4) (a) the following paragraph:

    “(ab)     shall forward to the Conservator for comment a copy of each application that relates to public land; and”;

    (j)     by omitting subsections (5), (5A) and (6) and substituting the following subsections:

“(5) The Minister shall cause to be erected on the place to which an application relates a sign that specifies the development proposed to be undertaken in relation to that place.

“(6) A person shall not, without lawful excuse, move, deface, damage, obscure or otherwise interfere with a sign erected under subsection (5).

Penalty: 5 penalty units.

“(6A) A person shall not, without reasonable excuse, prevent or restrict access to a sign erected under subsection (5).

Penalty: 5 penalty units.

“(6B) The validity of an approval is not to be taken to be affected by a failure by the Minister to comply with subsection (5).”; and

    (k)     by omitting from subsection (8) all the words after “which” and substituting “provisions of subsections (1) to (5) (inclusive) are not to apply”.