Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsinsert
Part 5.3A Special variation—Symonston mental health facility
Division 5.3A.1 Preliminary
85A Definitions—pt 5.3A
In this part:
"mental health facility"—see the Mental Health (Treatment and Care) Act 1994
, dictionary.
"Symonston mental health facility" means a mental health facility at the Symonston site.
"Symonston site "means the area outlined in bold on the plan in schedule 6.
Division 5.3A.2 Special variation—consultation requirements
85B Preparation of draft Symonston mental health facility variation
(1) The planning and land authority must prepare an instrument to make a draft variation of the territory plan
in relation to the Symonston mental health facility (the draft special variation ).
Example
The planning and land authority prepares a variation to the territory plan
to state that development of the Symonston mental health facility is assessable in the merit assessment track.
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).
(2) The draft special variation must—
(a) identify the Symonston site; and
(b) include any territory plan
variations that are required to implement the special variation; and
(c) state how the special variation would meet the criteria in section 85I (When Executive may make special variation).
85C Consultation on draft special variation
(1) The planning and land authority must give written notice inviting comment on the draft special variation under section 85B to the national capital authority.
(2) The planning and land authority must also consult with the public in accordance with section 85D.
85D Public consultation—notification
(1) Before giving the draft special variation to the Executive under section 85G, the planning and land authority must prepare a notice (the "consultation notice")—
(a) stating that copies of the draft special variation are available for public inspection and purchase during a stated period of not less than 15 working days (the consultation period ) at stated places; and
(b) inviting people to give written comments ( consultation comments ) about the draft special variation to the authority at a stated address during the consultation period; and
(c) stating that copies of consultation comments, or comments received from the national capital authority, will be made available for public inspection for a period of at least 15 working days starting 10 working days after the day the consultation period ends, at stated places.
(2) The planning and land authority may by notice (an extension notice ) extend or further extend the consultation period.
Note The planning and land authority may extend the consultation period after the end of the period being extended (see Legislation Act
, s 151C (3)).
(3) The following are notifiable instruments:
(a) the consultation notice;
(b) any extension notice.
Note A notifiable instrument must be notified under the Legislation Act
.
(4) If a notifiable instrument under subsection (3) does not state when the instrument expires, the instrument expires 6 months after the day it is notified.
(5) The planning and land authority must also publish the consultation notice and any extension notice in a daily newspaper and on the authority website.
Note Authority website —see the dictionary.
85E Public consultation—availability of draft special variation
The planning and land authority must make copies of the draft special variation mentioned in the consultation notice available for public inspection and purchase during office hours during the consultation period and at the places stated in the consultation notice.
85F Public inspection of comments on draft special variation
The planning and land authority must make copies of any consultation comments made on the draft special variation available for public inspection during office hours during the consultation period at the place mentioned in the consultation notice.
Note This section is subject to s 411 and s 412.
85G Draft variation to be given to Executive
(1) This section applies if the consultation process for the draft special variation has ended.
(2) The planning and land authority must give the draft special variation to the Executive, together with a written report setting out—
(a) comments received from the national capital authority; and
(b) details of the public consultation; and
(c) the issues raised in any consultation about the draft special variation.
(3) The Executive may return the draft special variation to the planning and land authority and direct the authority to do 1 or more of the following:
(a) conduct further stated consultation in accordance with this division;
(b) withdraw the draft special variation.
(4) If the Executive directs the withdrawal of the draft special variation by the planning and land authority under subsection (3) (b), the authority must prepare a notice stating that the draft special variation is withdrawn.
(5) The following are notifiable instruments:
(a) a direction under subsection (3) (b);
(b) a notice under subsection (4).
Note A notifiable instrument must be notified under the Legislation Act
.
(6) If a notifiable instrument under subsection (5) does not state when the instrument expires, the instrument expires 6 months after the day it is notified.
(7) The planning and land authority must also publish the notice under subsection (4) in a daily newspaper and on the authority website.
Note Authority website —see the dictionary.
Division 5.3A.2 Special variation
85H Executive may make special variation
(1) The Executive may make an instrument to vary the territory plan
in relation to the Symonston mental health facility (the special variation ).
(2) The special variation must—
(a) identify the Symonston site; and
(b) include any territory plan
variations that are required to implement the special variation; and
(c) state how, in the Executive's opinion, the area meets the special variation criteria in section 85I; and
(d) include the consultation report on the draft special variation prepared by the planning and land authority under section 85G.
(3) The special variation is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
85I When Executive may make special variation
(1) The Executive may only make the special variation under section 85H if—
(a) the planning and land authority has consulted the national capital authority and the public about the draft special variation in accordance with the requirements in section 85C; and
(b) the Executive has considered the planning and land authority's consultation report provided to the Executive by the authority under section 85G; and
(c) the Executive considers—
(i) the special variation will facilitate the Symonston mental health facility at the Symonston site; and
(ii) there is no substantive public policy reason for the development of the Symonston mental health facility not to proceed.
(2) However, the Executive may make the special variation in a revised form to the draft special variation if, having regard to the report of the planning and land authority under section 85G, the Executive considers it appropriate to do so.
85J Effect of special variation—variations to territory plan
(1) A variation to the territory plan
that is included in the special variation takes effect on the day the special variation commences.
(2) The planning and land authority must publish in a daily newspaper and on the authority website details of—
(a) each variation to the territory plan
made by the special variation; and
(b) where copies of the plan variation may be inspected or purchased.
Note Authority website —see the dictionary.
(3) The planning and land authority must make copies of the plan variation available for inspection or purchase during office hours at the places, and during the period, published in the newspaper under subsection (2) (b).
85K Special variation—time limit on bringing court proceedings
A person may not start a proceeding in a court in relation to the special variation more than 60 days after the variation is made.
Note Section 104 limits challenges to the validity of territory plan
provisions more generally.
85L Time limit on proceedings in relation to Symonston mental health facility
(1) This section applies to a development proposal for the development of the Symonston mental health facility if the Executive makes a special variation.
(2) A person may not start a proceeding in a court in relation to a decision under chapter 7, chapter 8 or chapter 9—
(a) if the decision is in relation to the development proposal; and
(b) more than 60 days after the day the decision is made.
(3) This section expires 5 years after the day this section commences unless the period that this section is in force is extended by regulation.
(4) The period may not be extended under subsection (3) by more than 5 years.
Note The Legislation Act
, s 84 (1) (a) provides that the repeal of a law does not revive anything not in force or existing when the repeal takes effect.