Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSchedule 1 Consequential and other amendments
(see s 17)
Part 1.1 Heritage Objects Act 1991
omit
section 256 (5) (b)
substitute
section 257 (2) (Content of orders)
omit
section 256 (5)
substitute
section 257 (Content of orders)
Part 1.2 Land (Planning and Environment) Act 1991
substitute
(7) Section 257 (Content of orders) does not apply to an order made for this section.
[1.4] Section 222, definition of development , paragraphs (f) and (g)
substitute
(f) if the land is unleased Territory land—a use of the land that is not authorised by a current licence or permit granted for the land under an Act;
(g) the erection, fixing or displaying of a sign or advertising material on the land, or on a structure or building on the land, otherwise than in accordance with a right to do so expressly given by a current licence granted under this Act, a current lease or a current permit under the Roads and Public Places Act 1937 ;
[1.5] Section 222, definition of order
substitute
"order" means—
(a) an order under division 6.3; or
(b) a decision under another Act that is declared by an Act to be an order for this part.
[1.6] Section 222, new definition of prohibition notice
insert
"prohibition notice"—see section 260 (1).
insert
Subdivision 6.2.6 Powers of Supreme Court
253A Injunctions to require compliance with approvals
(1) This section applies if a person (the relevant person ) has failed, is failing, or proposes to fail, to do something in accordance with the terms of an approval.
(2) The planning and land authority or anyone else may apply to the Supreme Court for an injunction requiring the relevant person to do the thing.
(3) On application under subsection (2), the Supreme Court may grant an injunction requiring the relevant person to do the thing.
(4) The Supreme Court may grant an injunction requiring the relevant person to do a thing—
(a) if satisfied that the person has failed to do the thing, whether or not it appears to the court that the person intends to fail again, or to continue to fail, to do the thing; or
(b) if it appears to the court that, if an injunction is not granted, it is likely the person will fail to do the thing, whether or not the person has previously failed to do the thing and whether or not there is an imminent danger of substantial damage to someone else if the person fails to do the thing.
(5) This section applies whether or not a proceeding for an offence against this part has begun or is about to begin.
substitute
264 Identity cards
(1) The planning and land authority must issue an inspector with an identity card that states the person is an inspector for this Act, or for stated provisions of this Act, and shows—
(a) a recent photograph of the person; and
(b) the name of the person or the particulars that are prescribed under the Magistrates Court Act 1930 as the identifying particulars for the person (or both); and
(c) the date of issue of the card; and
(d) a date of expiry for the card; and
(e) anything else prescribed under the regulations.
(2) A person commits an offence if—
(a) the person ceases to be an inspector; and
(b) the person does not return the person's identity card to the chief executive as soon as practicable (but within 7 days) after the day the person ceases to be an inspector.
Maximum penalty (subsection (2)): 1 penalty unit.
(3) An offence against this section is a strict liability offence.
265 Power not to be exercised before identity card shown
An inspector may exercise a power under this Act in relation to a person only if the inspector first shows the person his or her identity card.
omit
substitute
277 Review of decisions—orders and prohibition notices
(1) Application may be made to the administrative appeals tribunal for review of a decision of the planning and land authority—
(a) to make an order under section 254A (2) (Decision on application to planning and land authority for order) or section 256 (2) (Decision on proposed order on planning and land authority's own initiative); or
(b) not to make an order under section 254A (2); or
(c) to include in an order under section 254A (2) or 256 (2) a direction of a kind mentioned in section 257 (3); or
(d) to refuse, under section 258A (4) (Ending of orders), to revoke an order; or
(e) to give a prohibition notice under section 260 (3) (Prohibition notices—making); or
(f) to refuse, under section 260B (5) (Prohibition notices—ending), to revoke a prohibition notice.
(2) A notice given by the planning and land authority to a person in accordance with section 257A (a), (b), (c) or (g) (Notice of making of orders) must be in accordance with the requirements of the code of practice under the Administrative Appeals Tribunal Act 1989 , section 25B (1).
omit
(see s 4, s 255)
substitute
(see s 4, s 258)
[1.12] Dictionary, definition of authorised person
substitute
"authorised person"—
(a) for subdivision 4.4.3 (Procedures and powers)—see section 143; and
(b) for subdivision 6.3.2 (Rectification work)—see section 259C (1).
[1.13] Dictionary, definition of pest animal
substitute
"pest animal" means an animal declared to be a pest animal under section 261.
[1.14] Dictionary, definition of pest plant
substitute
"pest plant" means a plant declared to be a pest plant under section 261.
[1.15] Dictionary, new definitions of prohibition notice and rectification work
insert
"prohibition notice", for part 6 (Approvals and orders)—see section 260 (1).
"rectification work", for subdivision 6.3.2 (Rectification work)—see section 259.
Part 1.3 Land (Planning and Environment) Regulations 1992
omit everything before subregulation (1) (a), substitute
39 Prescribed period—Act, s 254A (4)
(1) The prescribed period is—
omit
section 256 (1)
substitute
section 254 (1)
in division 4.3, insert
39A Definition of minor development —determined criteria
(1) The Minister may, in writing, determine criteria for the dictionary, definition of "minor development", paragraph (h).
(2) A determination is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act .
[1.19] Schedule 4, new item 22
insert
22 | A minor development to vary a lease only to incorporate into the lease an encroachment onto, over or under unleased Territory land from the lease. |
[1.20] Dictionary, definition of minor development
omit
, other than a lease variation,
Part 1.4 Land Titles Act 1925
substitute
72AB Registration etc of orders under Land Act
(1) This section applies if the registrar-general receives a notice under the Land Act, section 257A (Notice of making of orders) or section 258A (Ending of orders) about an order under the Land Act that appears to affect a Crown lease.
(2) The registrar-general must endorse on the folium of the register constituted by the relevant certificate of title a memorial in accordance with this Act about the making or ending of the order.
Part 1.5 Nature Conservation Act 1980
substitute
Note 1 A person to whom an order under the Land (Planning and Environment) Act 1991 , div 6.3 is directed is not required to hold a licence under this Act for any action required to comply with the order in relation to the animal or plant (see that Act, s 258C).
Note 2 If a form is approved under s 80B (Approved forms) for an application, the form must be used.
Note 3
A fee may be determined under s 83A (Determination of fees) for
this section.