Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts58. Section 230 of the Principal Act is repealed and the following sections are substituted:
“229A. (1) The Minister may, for the purposes of this section, by instrument prescribe classes of applications that are to be referred to the Commissioner for determination.
“(2) An instrument under subsection (1) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.
“(3) The Minister shall refer all applications included in a prescribed class of applications to the Commissioner for determination.
“(4) The Minister may refer an application that is not included in a prescribed class of applications to the Commissioner for determination.
“(5) Subject to subsection (6), the Commissioner shall determine all applications referred to him or her under subsection (3) or (4) and the Minister shall determine all other applications.
“(6) Where an application has been referred to the Commissioner for determination under subsection (3) or (4), the Minister may, at any time before the application is determined by the Commissioner, by notice in writing given to the Commissioner, revoke the reference.
“(7) Where the Minister revokes a reference of an application to the Commissioner, the Minister shall—
(a) determine the application; and
(b) cause a copy of the notice of revocation given to the Commissioner under subsection (6) to be published in the Gazette within 21 days after the day on which the notice is given to the Commissioner.
“(8) Subsection (5) and paragraph (7) (a) shall not be taken to derogate from the power of the Minister to delegate his or her power to determine an application.
“230. (1) The relevant authority may approve or refuse to approve an application.
“(2) The relevant authority is to be taken to have refused to approve an application if he or she fails to make a decision in relation to the application before the expiration of the prescribed period.
“(3) Notwithstanding subsection (2), the relevant authority may approve an application at any time after the expiration of the period prescribed for the purposes of that subsection in relation to the application until the earliest of the following dates:
(a) the date on which the Administrative Appeals Tribunal has finally dealt with an application under section 275 to review the relevant authority's deemed refusal under subsection (2) of this section;
(b) 6 months after the date of the application, unless paragraph (c) applies;
(c) if an Assessment or a variation to the Plan is required in relation to the application—12 months after the date of the application.
“(4) Subject to subsection (5), where the relevant authority approves an application to undertake a development that includes an activity that is not permitted by a lease of the land on which the activity is to be carried out, the approval shall not take effect in relation to that activity until the lease is varied so as to permit the activity.
“(5) Subsection (4) does not apply in relation to—
(a) an activity referred to in paragraph (c) of the definition of ‘development' in subsection 222 (1);
(b) an activity included in a development of a type prescribed for the purposes of paragraph 175 (3) (a); or
(c) an activity prescribed for the purposes of paragraph 175 (3) (b).”.