Australian Capital Territory Numbered Acts

PLANNING AND DEVELOPMENT AMENDMENT ACT 2009 (NO. 30 OF 2009) - SECT 6

in division 7.2.5, insert

131A     Development proposal for lease variation in designated area

    (1)     This section applies to a development proposal that is a variation of a lease in a designated area.

    (2)     Section 50 (Effect of territory plan), section 65 (Effect of draft plan variations publicly notified) and the territory plan do not apply in relation to the development proposal.

    (3)     The development proposal must be dealt with under the provisions of this Act (other than any territory plan-related provisions) that apply in relation to the merit track.

    (4)     However, if the impact track applies to the development proposal under section 123 (b), (c), (d) or (e), the proposal must be dealt with under the provisions of this Act (other than any territory plan-related provisions) that apply in relation to the impact track.

    (5)     In this section:

"territory plan-related provision "means a provision of this Act that applies a development table, code, rules or criteria, objectives for a zone, statement of strategic directions, or anything else in the territory plan.

Examples—territory plan-related provisions

1     s 119 (2) (b)

2     s 139 (2) (e) and (f)

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).