Australian Capital Territory Numbered Acts

Insertion

19. After Part VI of the Principal Act the following Part is inserted:

“60AA. In this Part—
‘activities' means—

(a) in relation to an agency which supplies gas, electricity, water or sewerage services—construction, repair or maintenance carried out by the agency in association with the supply of those services;

(b) the construction, repair and maintenance of navigation serving beacons and telecommunications towers; or

(c) in relation to an agency responsible for the development of land—the agency's development activities;
‘agency' means—

(a) a supplier of gas, electricity, water or sewerage services;

(b) a person responsible for the construction, repair and maintenance of navigation serving beacons and telecommunications towers; or

(c) a person responsible for a development of land;
‘controlled land' means—

(a) public land; or

(b) Territory Land which is not subject to a lease within the meaning of subsection 159 (1) of the Land Act;
‘development', in relation to land, means—

(a) the erection, alteration or demolition of a building on the land;

(b) the carrying on of work on the land;

(c) the use or change of use of the land;

(d) the use or change of use of a building or works on the land; or

(e) the subdivision or consolidation of the land;
‘Land Act' means the Land (Planning and Environment) Act 1991 ;
‘land management objectives' means—

(a) in relation to public land—management objectives applicable under section 195 of the Land Act, as applied by any Plan of Management for that land under Subdivision D of Division 5 of Part V of the Land Act; and

(b) in relation to any controlled land—

(i) any objectives, policies or purposes specified in the Territory Plan for that land; and

(ii) the objective of the conservation of the qualities of the natural environment on, and in the vicinity of, the land;
‘management agreement' means an agreement under section 60AB between the Conservator and an agency;
‘natural environment' means all biological, physical and visual elements of the earth and its atmosphere, whether natural or modified;
‘public land' means land identified as such in the Territory Plan;
‘Territory Land' has the same meaning as in the Australian Capital Territory (Planning and Land Management) Act 1988 of the Commonwealth;
‘Territory Plan' means the Territory Plan as in force from time to time under the Land Act.

“60AB. (1) The Conservator may propose a management agreement to an agency if—

(a) the activities of the agency affect, or may affect, controlled land; and

(b) in the opinion of the Conservator, those activities may conflict with the land management objectives for that land.

“(2) A management agreement shall set out standards and conditions for avoiding or minimising any conflict with land management objectives for controlled land which might arise as a result of the agency's activities.

“(3) A management agreement may deal with matters including the following:

(a) access to land;

(b) fire management;

(c) drainage;

(d) management and maintenance of public or private facilities;

(e) rehabilitation of land or public or private facilities;

(f) indemnities;

(g) emergency procedures;

(h) internal stockpiling;

(i) fencing;

(j) feral animals and weed control.

“(4) Notwithstanding subsections (2) and (3), a management agreement shall not conflict with—

(a) an approval within the meaning of section 222 of the Land Act; or

(b) an implementation plan approved under section 6AC of the Buildings (Design and Siting) Act 1964 .

“60AC. (1) The Conservator shall consult with the agency in formulating a management agreement, and shall consider any representations made on behalf of the agency about the proposed agreement.

“(2) The Conservator shall submit a proposed management agreement with an agency to the agency together with a notice stating the date of submission and the consequences under this Part of—

(a) a refusal to sign the proposed agreement; and

(b) breach of a term of the agreement, if the agreement is entered into.

“(3) If an agency decides to enter into a management agreement submitted to it under subsection (2), the agency shall return the agreement to the Conservator, signed on behalf of the agency, within 28 days after the date of submission.

“60AD. (1) If an agency refuses to enter into a management agreement, the Territory may recover from the agency any cost reasonably incurred by the Territory in connection with the repair of any damage to controlled land caused by the agency's activities.

“(2) An agency is to be taken to have refused to enter into a management agreement if—

(a) the agency notifies the Conservator accordingly in writing; or

(b) the agency does not return the agreement to the Conservator in accordance with subsection 60AC (3).

“60AE. If an agency enters into a management agreement, the Territory may recover from the agency any cost reasonably incurred by the Territory in connection with the repair of any damage to controlled land caused by activities of the agency inconsistent with the agreement.”.

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